Agreement

Service Rules

1. Purpose and scope of the Rules for the provision of services by the Swap-exchange.com service

1.1. These Rules for the provision of services by the Swap-exchange.com service (hereinafter referred to as the Rules) establish requirements and contain a description:

1.1.1. The procedure for providing the service of the multicurrency exchange service Swap-exchange.com

1.1.2. Public offer to Users of Swap-exchange.com services.

1.1.3. Separation of responsibility for the use and provision of services by the Swap-exchange.com service.

1.1.4. Measures to minimize the risk of money laundering and terrorist financing.

1.2. Swap-exchange.com or the Service is a systеm that provides Users with the opportunity to exchange cryptocurrency for electronic money and (or) national currency, as well as the exchange of electronic money and (or) national currency for cryptocurrency, located and operating on a website on the Internet at the address < a href="https://swap-exchange.com" rel="noopener noreferrer" target="_blank">https://swap-exchange.com/

1.3. The service is located on the territory of the state of Ukraine. In accordance with the current legislative regulation, in Ukraine, the activity on the civil circulation of cryptocurrency is not normatively prohibited.

1.4. Before using the services of the Swap-exchange.com service, the User is obliged to fully familiarize himself with the terms of these Rules, the Privacy Policy of the Service published on the website of the Service, and accept them.

1.5. The use of the services of the Service is possible only if the User accepts all the terms of the Rules.

1.6. The current version of the Rules is located for public access on the website of the Service. The Service Administration has the right to unilaterally change these Rules at any time. Such changes come into force after 3 (three) calendar days from the moment the new version of the Rules is posted on the website, unless a different procedure for entry is specifically provided for in the new version of the Rules. If the User does not agree with the changes made, he is obliged to refuse access to the Service website and stop using the materials and services of the Service by sending an appropriate email to [email protected].

2. Terms and definitions

2.1. KYC & AML – “Know Your Customer” (know your customer) and “Anti-Money Laundering” (anti-money laundering).

2.2. P2P is an overlay computer network based on the equality of participants.

2.3. Account – a unique account on the Service website that identifies the User.

2.4. Blockchain is a continuous sequential chain of blocks (linked list) built according to certain rules, containing information about transactions between digital keys (wallets) of users, which can be transferred from one computer (person) to another via the Internet.

2.5. Verification of a bank card is a verification of the ownership of a bank card (or account) by its owner. The conditions for verification of ownership are established by the Service, and are performed at a time for each new account (bank card) of the User.

2.6. Application – an expression of the User’s intention to use one of the services offered by the Service by filling out an electronic form through the Service’s website, on the terms described in these Rules and specified in the parameters of this Application.

2.7. Cryptocurrency – Bitcoin, Litecoin, Ethereum and any other currencies based on the blockchain.

2.8. Rate — the cost ratio of cryptocurrency, electronic money and fiat currency to each other during the exchange.

2.9. National currency (fiat currency) – legal tender of the respective state (ruble – for the Russian Federation, hryvnia – for Ukraine, US dollar – for the USA, etc.).

2.10. Partner – a person who provides the Service with services to attract Users, the terms of which are described in these Rules.

2.11. Payment – transfer of cryptocurrency, electronic money or fiat currency from the User to the User or from the User to the Service, as well as in the opposite direction.

2.12. Payment systеm is a software and hardware product developed by a third party and representing a mechanism for implementing the accounting of monetary obligations and organizing mutual settlements between its Users.

2.13. User – a capable individual over 18 years of age or a legal entity using the services of the Service.

2.14. Service – a systеm that provides Users with the opportunity to exchange cryptocurrency for electronic money and (or) national currency, as well as the exchange of electronic money and (or) national currency for cryptocurrency, located and operating on a website on the Internet at https://swap-exchange.com/.

2.15. Messages are letters sent via e-mail.

2.16. Funds – cryptocurrency, electronic money and fiat currency, in accordance with section 5 of these Rules.

2.17. Service Services – assistance in conducting P2P transactions between individuals for the exchange of cryptocurrencies, as well as other services, information about which is posted on the Service window.
2.18. Electronic money – funds held on the accounts of Users of electronic payment systems (QIWI, Yandex Money, etc.).

3. Service operation mode

3.1. Regular mode of operation:

3.2. Night operation:

3.2.1. In this mode, the operation of User Funds will be fixed automatically when credited to the Exchange. The application is processed after 10:00 (UTC+3) on a priority basis. Night mode does not support Users.

4. Rules for using an account on the site Swap-exchange.com

4.1. The Service is intended for personal use only. By registering on the site, the User agrees to the transfer of Swap-exchange.com reliable data about himself in accordance with the registration procedure on the Site. The User also agrees that he will not use any other account than his own, and will not attempt to gain unauthorized access to the accounts of other users or to the infrastructure of the Service.

4.2. The Service has the right to conduct additional checks of the User’s information and request from the User any necessary documentation for any reason related to his use of the services of the Service and / or as supporting evidence for any information that the User provides to the Service.

4.3. The Service Administration may at any time and at its sole discretion deny the User the opportunity to open an account, block it or suspend any transaction until the end of consideration of the information provided by the User.

5. The procedure for the provision of services by the Service

5.1. The order of the Service services is carried out by the User by sending the Application through the Service website.

5.2. Using the services of the Service, the User confirms that he legally owns, uses and disposes of the cryptocurrency, electronic money or fiat currency involved in the relevant Payment.

5.3. The Service does not accept or send cryptocurrency, electronic money or fiat currency from accounts or to accounts of third parties that are not Users. The Service does not provide Exchange Services using bank cards (accounts) that do not belong to the User. The Service does not enter into partnerships with trade and service companies and is not an agent in mutual settlements for any transactions of the User with third parties.

5.4. By filling out the Application, the User instructs, and the Service, on its own behalf and at the expense of the User, performs actions to exchange cryptocurrency, electronic money or fiat currency with another User.

5.5. Before starting the exchange, the user is obliged to independently check the risk level of his transaction (funds), for example, using https:// amlbot.com/

5.5.1 An internal systеm for checking high-risk transactions, checks incoming transactions to prevent freezing of funds and litigation with cryptocurrency exchanges.

5.5.2 In case of detecting a high-risk transaction (having a total volume of high-risk assets of 50% or more), the exchange office suspends the exchange operation and sends the user a request for additional information regarding the transaction .

5.5.3 Transactions with a total volume of high-risk assets of 50% or more cannot be returned or canceled due to the lack of technical feasibility of the operation.

5.6. The term for processing Applications by the Service is no more than 2 hours after the start of the Service. Funds are fixed at the time they are received on the exchange.

5.7. The amount of the Service’s remuneration for the provision of exchange services is reflected in the Application and confirmed by the User on one of the pages of the user interface.

5.8. Within the time allotted by the regulations (depending on the direction of the exchange, indicated when creating the Application) from the moment the cryptocurrency, electronic money or fiat currency is received from the User, in the amount specified in the relevant Application, the Service is obliged to transfer (transfer) the received cryptocurrency, electronic money or fiat currency, respectively, to the details and in the amount specified by the User in the Application.

5.9. If the exchange rate changes by 0.2% or more, the exchange rate will be recalculated according to the application at the actual moment of funds transfer, or the Funds will be returned, taking into account the commission of the Payment systеm in USDT equivalent at the time of fixing the exchange rate on the Application.

5.10. If during the period of confirmation of the transfer by the Payment systеm there was a delay in confirming the transaction, the Service recalculates the Application at the rate at the time the cryptocurrency is credited to the account or refunds it taking into account the commission of the payment systеm in USDT equivalent at the time of fixing the rate on the Application.

5.11. The refund amount for the purposes specified in paragraphs 5.8 – 5.9 of these Rules cannot be calculated in cryptocurrency.

5.12. The obligation of the Service to transfer (transfer) cryptocurrency, electronic money or fiat currency to the User is considered fulfilled at the moment the cryptocurrency, electronic money or fiat currency in the relevant Payment systеm is debited from the account of the Service, which is recorded in the transaction history of the corresponding Payment systеm.

5.13. If the User paid for the application, but due to circumstances wishes to refuse the exchange, then the return of the Funds occurs minus 15% (fifteen percent) of the payment amount, as well as minus the commission of the relevant Payment systеm.

5.14. The Service has the right to cancel an application created by the User for the exchange of cryptocurrency, electronic money or fiat currency, if payment for such an application has not been received to the account of the Service after 30 (thirty) minutes from the moment such an application was created.

5.15. If, when the Service attempts to transfer Funds to the User’s bank card (account), this card (account) is blocked due to the fact that the User’s bank card (account) or the User himself is in any kind of “black list” or “stop list” of the corresponding Payment systеm or the fiscal authority of the state of which the User is a resident, the Service reserves the right to unilaterally refuse to provide exchange services and refund the Funds to the User with a commission fee of 20% (twenty percent) of the current exchange amount.

5.16. The return of Funds in the case provided for in clause 5.13 of these Rules is possible if the User provides documents as required by the Service.

5.17. If suspicious activity is detected during the process of filling out the Application by the User, the Service, in order to avoid damage, has the right to suspend the execution of such operations until the reasons for such activity are clarified.

5.18. The Service has the right to refuse to perform the exchange if the transfer of cryptocurrency, electronic money or fiat currency to the Service account was made without filling out an Application using the user interfaces on the Service Website. Cryptocurrency, electronic money or fiat currency transferred to the account of the Service by the User without filling out an Application using the user interfaces on the Service Website can be returned to the User upon request, taking into account the deduction of the payment systеm commission in accordance with the restrictions established by these Rules.

5.19. The Service has the right to refuse to provide services to the User if the User does not provide complete and sufficient data necessary for his identification, and block the Funds received from the User until such data is provided by him. After providing all the necessary information, the consideration of user data may take up to 7 business days.

5.20. The service provides services only for the exchange of cryptocurrency for electronic money or fiat currency, or vice versa. The service does not perform currency transactions in relation to national money and is not subject to national and international legislation on currency regulation and currency control.

5.21. The Service makes reasonable efforts to provide access to the services and the Swap-exchange.com website in accordance with these Rules. However, the Service may suspend the use of the site for maintenance and will make reasonable efforts to notify the User in advance. Thus, the user agrees that he assumes the risks associated with the fact that he may not always use the services of the Service or perform time-sensitive transactions using the User’s account.

5.22. The Service has the right to cancel the exchange if it is suspected that the User has received Funds as a result of any illegal activity in accordance with the laws of the state where the Service is located or the state where the User is a resident.

5.23. At night, the Service operates automatically. When exchanging cryptocurrency at night, the amount is fixed at the current rate at the time the funds are credited to the account of the Service. Payment of funds for applications created and paid by the User at night (from 22:00 to 10:00 in the UTC + 3 time zone) occurs within two hours from the start of the service (the service is open from 10:00 00 minutes to 22 hours 00 minutes UTC+3).

5.24. In the event of a refund, Funds received from the User at night can be returned during the working hours of the exchange office in USDT equivalent at the time the Service starts.

5.25. When working with User Applications, the administration of the Service has the right to:

5.25.1. Terminate communication with the User who violates business communication etiquette, asks questions not related to the provision of services by the Service or does not provide the Service with the information necessary for the provision of services.

5.25.2. If necessary, block the operation and the User’s Funds until they provide complete and sufficient data to identify their identity.

5.25.3. Engage third-party contractors to fulfill their obligations.

5.25.4. Dispose at its own discretion of any Funds received on the account of the Service without creating an Application.

5.25.5. Send to the User information on the status of the exchange process, as well as other information related to the activities of the Service, including advertising, to the e-mail specified by him in the Account. The User can unsubscribe from promotional mailings by clicking on the appropriate button in the received letter.

5.25.6 Complete an application within 72 hours if:

The transaction amount differs from the amount specified in the application;
There was an error in the details when creating the application;
Crypto refund requested;

6. Cost of services

6.1. Tariffs for the provision of services are determined by the Service and published on the website of the Service. The Service Administration has the right to change tariffs without additional notice to Users.

7. Taxation of User transactions

7.1. The Service is not a tax agent for the User and does not calculate the User’s tax payments, and is not obliged to notify the User of his tax costs. The User undertakes to independently pay all taxes in accordance with the tax laws of the jurisdiction where the User is a tax resident.

7.2. No interaction between the User and the Service can be understood as the establishment between the User and the Service of agency relations, partnership relations, relations on joint activities, personal employment relations, or any other legal relationship not expressly provided for by the Rules of the Service.

8. KYC & AML

8.1. The Swap-exchange.com service operates on the basis of the legislation of the state specified in clause 1.3 of these Rules, as well as ratified international agreements:

8.1.1. Guidance for a risk-based approach to virtual assets and virtual asset service providers (FATF).

8.1.2. 5AMLD EU – Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU) 2015/849 on the prevention of the use of the financial systеm for the purposes of money laundering or terrorist financing, and amending Directives 2009/138/EC and 2013/36/EU (Text with EEA relevance).

8.2. In order to minimize the risks of legalization (laundering) of money and financing of terrorism, the Service reserves the right to refuse to provide exchange services at any stage if it is assumed that the exchange is in any way related to the purposes of legalization (laundering) of money, financing of terrorism or other illegal activities in accordance with the legislation of the state where the Service is located, the state of which the User is a resident, or in accordance with international law.

8.3. The protection of Users’ personal data is provided by the Service in accordance with the current legislation of the state where the Service is hosted and the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No. 108).

8.4. The methods of processing and protecting the personal data of Users are governed by the Regulations on the processing and protection of personal data published on the website of the Service.

8.5. In case of detection of falsification (compromise) of communication flows or any negative impact on the normal operation of the program code of the Service, which is directly or indirectly related to the User’s Application, the execution of the Application by the Service is suspended, and the funds already received are used to recalculate the parameters of the Application in accordance with the current conditions or , in case of disagreement of the User with the recalculation, the return of Funds to the details of the User.

8.6. Any disputes related to the terms of these Rules, the parties to the offer undertake to resolve through negotiations. In case of failure to reach an agreement, all disputes shall be resolved in accordance with the laws of the state where the Respondent is located.

8.7. Information on exchange transactions is stored in the database of the Service and is a priority source that the parties to the offer established by these Rules are guided by in disputable situations.

9. Responsibility

9.1. The Service is not liable to the User for financial losses caused by illegal actions of third parties.

9.2. The Service is not responsible for any pending or unrealized Applications caused by an error in the Payment systеm or the bank specified by the User in the completed Application. The User agrees that in this case all claims will be sent to the relevant Payment systеm or bank. The Service, at the request of the User, assists in providing documents confirming the use of the services of the Exchange Service, when the User submits a complaint or request to the administration of the relevant Payment systеm or bank.

9.3. The Service does not check the eligibility and legality of the User’s possession of cryptocurrency, electronic money or fiat currency involved in a particular Operation. The Service presumes the conscientiousness and legality of possession, use and disposal by the User of bank cards (accounts) and Funds on them, indicated by the User during the Payment. The Service is not responsible for the possession, use and disposal by the User of bank cards (accounts) and Funds that do not belong to him. All risks and responsibility for possession, use and disposal of bank cards (accounts) and Funds on them lie with the User.

9.4. The User is obliged to promptly notify the administration of the Service about changes in his e-mail address and phone number by correcting the specified data in his Account. Otherwise, the Service does not guarantee that the User will receive security notifications and is not responsible for the negative consequences for the User as a result of compromising, for reasons beyond the control of the Service, his Account login credentials.

9.5. The User is obliged to immediately notify the administration of the Service of any unauthorized use of the User’s account or password, compromise of credentials, alleged hacking of the Account or any other breach of security by e-mail [email protected]

9.6. The user is obliged not to use means to hide his actual location. The User is obliged to inform the administration of the Service at its request of its exact and true location. If the Service determines that the User’s activity is suspicious or related to any kind of illegal activity, the Service may suspend the Account, block outstanding or reject subsequent transactions.

9.7. The user is responsible for the accuracy and completeness of the information and data that he provided when registering on the Service website. In the event that the User entered false or incorrect personal data or provided incorrect data for the execution of the Application, the Service is not responsible for any losses of the User resulting from such actions, regardless of their intent.

9.8. The Service is not responsible in cases where the User accesses a fake site or a telegram account that imitates the real address of the Service’s website and its telegram account (“mirror”). The current Internet address of the Service website and its telegram account are indicated on the Service website https://swap-exchange .com/.

9.9. Using the Service for the purpose of carrying out any kind of illegal actions is prohibited.

9.10. All services of the Service are provided without warranty of any kind, express or implied, and in particular, without the implied warranties of merchantability and fitness for a particular purpose. The Service does not guarantee that all the services of the Service, as well as the site swap-exchange.com will be available in 100% of cases to meet the needs of the User. The Service will strive to provide the User with its services as soon as possible, but there is no guarantee that access will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information, including through the fault of third parties.

9.11. In case of acceptance of these Rules, the User confirms that:

9.11.1. they are provided with full and truthful information about themselves, as well as true identification data.

9.11.2. he is not a participant in money laundering operations or transactions, in accordance with the rules of KYC & AML.

9.11.3. his income is not related to the implementation of any illegal activity in accordance with the laws of the state where the Service is hosted or the state of residence of the User, including in accordance with the rules of KYC & AML.

9.11.4. he is not included in any kind of “black lists”, “stop lists” or lists of persons involved in the legalization (laundering) of income and financing of terrorism in the territory of his country of residence.

9.11.5. he is not held legally liable by the law enforcement or fiscal authorities of the state of his residence for the legalization (laundering) of income and the financing of terrorism, as well as for committing fraud or any other illegal actions related to the theft of other people’s property.

9.11.6. trade, as well as any actions related to the circulation of cryptocurrency, are not illegal in accordance with the laws of the User’s state of residence.

9.12. The User undertakes not to disrupt the operation of the Service by interfering with its software or hardware, as well as by distorting the parameters (commands) transmitted to the Service.

9.13. If, as a result of the User’s actions, regardless of his intent or negligence, the Service has been damaged, the User undertakes to compensate such damage in full.

9.14. In the event that the User receives a payment in the Application that exceeds the amount specified in the Application, the User undertakes to refund the funds to the details provided by the Service. The commission for the transfer in this case is paid by the exchange office.

9.15. The User acknowledges and agrees that the Service does not act as a financial advisor, does not provide investment advisory services, and any information transmitted by the Service to the User cannot be considered as advice or a guide to action.

9.16. The user is aware of and assumes all the risks associated with the circulation of cryptocurrency.

10. Force majeure

10.1. The User or the Service shall not be liable to each other for failure to fulfill obligations related to the provision of exchange services by the Service, caused by circumstances that arose against the will and desire of the parties that could not be foreseen or avoided, including declared or actual war, civil unrest, epidemics, earthquakes , floods, fires and other natural disasters, acts of government and other unavoidable circumstances and cannot claim any loss or damage arising from such circumstances.

10.2. The Party that does not fulfill its obligation due to force majeure must notify the other Party of the obstacle and its impact on the fulfillment of obligations without delay, but no later than 3 (three) calendar days from the moment the specified circumstances occur.

10.3. A Party that has not notified the other Party of the impossibility of fulfilling its obligations under this Agreement loses the right to invoke such impossibility.

11. Final Provisions

11.1. Information about the User and his operations is not stored on the server of the Service website. At the request of the User, access to the account can be limited or deleted.

11.2. The term for the Service to respond to the User’s requests is up to five business days from the date of receipt of the corresponding request from the User.

11.3. The terms of these Rules are agreed with the User in electronic form during registration. Consent to the Rules published in electronic form is a valid acceptance of the full content of these Rules.

11.4. Information posted on the Service website https://swap-exchange.com/, including all graphic images, textual information, program codes, etc. protected by national and international copyright and related laws. Unauthorized copying of materials is not allowed and entails full compensation for losses caused to the Service.

13. Contact details

13.1. You can chat with employees during business hours in the online chat on the site in the lower right corner swap-exchange.com.

13.2. You can also send an email to: [email protected]