Permalink: |
Agreement on Property Rights Keeping (WMH)
INDX Transactions Ltd., hereinafter referred to as the Keeper, on the one hand, and any person that accepts the given Agreement, hereinafter referred to as the Owner, on the other hand, together hereinafter referred to as the "Parties", have concluded the given agreement on keeping the property rights to publish entries in the global public database of the bitcoincash.org1 network, hereinafter referred to as the Agreement.
- Subject of The Agreement.
- The Keeper is hereby obliged to accept and keep the property rights, presented by the Owner, hereinafter referred to as BCH property rights, for a fee on conditions, stipulated by the given Agreement
- The Keeper keeps records of the quantity of the Owners property rights being kept, using WebMoney Transfer automatic accounting system, hereinafter referred to as the System. Records (in digital format) located at the Owners BCH accounting credentials (Purse of H-type, Purse) verify quantitative right to make entries in the global public database of the bitcoincash.org network in accordance to the rules published on bitcoincash.org deposited and belonging by right of ownership. The accounting unit for Purses is 0.001 H (indicated as 1 WMH), giving the right to make 100000 entries to the global public database of the bitcoincash.org network.
- Acceptance and transfer of BCH property rights by the Owner from one account to another is verified by the Keeper by means of the hardware-software complex of the WebMoney Transfer System by making entries about H-purse transactions, which are acknowledged by the Parties as acts of Acceptance/Delivery.
- The Owner can transfer the BCH property rights, belonging to him (accounted on his Purses of H-type), in part or in full to other Owners (members of the System) using the accounting means of the System.
- BCH is kept jointly with the BCH of other Owners in the form of records on the Keepers accounting credentials in the global public database of the bitcoincash.org network.
- The agreement is concluded on conditions of keeping BCH property rights until they are claimed by the Owner.
- Rights and Obligations of the Parties
- The Keeper is hereby obliged:
- To provide safety of BCH property rights in accordance to the conditions of the Agreement.
- To return BCH on the Owners demand in a quantity, corresponding to the quantity, verified by the record at the Owners accounting credentials at the moment of such returning.
- Not to use the BCH property rights, transferred for keeping, without permission of the Owner.
- To notify the Owner immediately about the necessity to amend the conditions of BCH property rights keeping, provided by the Agreement. Amendments to the Agreement are considered as accepted by the Owner upon expiry of 5 (five) days from the date of its publishing on the website of the System, except for changes in p.6.1., becoming valid upon being published on the website of the System
- The Keeper has the right:
- To refuse to fulfill his obligations unilaterally if the details, specified by the Owner, turn out to be invalid or inaccurate and prevent from being identified correctly, as well as in case the Owner violates p. 2.3.2, 6.1, 6.2 of the Agreement, and also codes, policies, rules and other documents of the System. With that, the Keeper obliges to return the kept property to the Owner’s accounting credentials, specified by the Owner by means of the procedures of the WebMoney Transfer System.
- To draw third parties fulfill the obligations under the Agreement.
- Conduct checks on the BCH property rights transferred for storage as part of procedures to counter money laundering and terrorist financing (AML) independently and with the involvement of external services, including but not limited to Chainalysis.com, AMLBot.com, Elliptic.co, and other similar services.
- Require the Owner to provide additional information about themselves and the origin of the funds being transferred for storage.
- Refuse to accept the property rights of BCH, if it deems that the transaction associated with the transfer of BCH to the Keeper's details is associated with a high risk of money laundering, illicit trade, or fraudulent actions. If the Keeper identifies such signs, the received property rights of BCH will be returned to the sender, if such a possibility exists.
- Verify the addresses specified by the Owner for return from storage as part of AML procedures and refuse to return to these addresses if risks related to money laundering and terrorist financing are identified.
- The Owner is hereby obliged:
- To specify his true and valid details when concluding the given agreement.
- To inform the Keeper in due time and to annul the Agreement in case of changing the country of residence, if this country is listed in p.6.1 of the Agreement.
- The Owner has the right:
- To manage the BCH property rights, which belong to him, as he sees fit, including transferring and selling them to third parties.
- The Keeper is hereby obliged:
- Liability of the Parties.
- The Keeper is fully responsible for the BCH property rights, transferred to him for keeping under the Agreement, except in cases when loss, shortage or damage occurred due to force majeure circumstances, or as a result of cessation of functioning of the bitcoincash.org network.
- Only the Owner is liable for legal and correct usage and spending of BCH property rights as per legislation in force of the country of Owner's residence. The Owner personally bears criminal and civil liability for violation of p. 2.3.2, 6.1 and 6.2 and for any unlawful actions, taken by him using the Purse and/or the accounting means of WebMoney Transfer System.
- Return from Keeping.
- BCH property rights are returned to the addresses of the bitcoincash.org network, specified by the Owner, by a free of charge transfer from the Keeper's bitcoincash.org addresses.
- Return from keeping is performed automatically by software means of the Keeper with a preliminary check in accordance with clause 2.2.6.
- The return execution time depends on the features of the functioning of global public networks.
- Following the return to the address, specified by the Owner, the Keeper transfers the bitcoincash.org ID of the return operation to the Owner by means of the WebMoney Transfer System.
- Order and Form of Settlements.
- For providing BCH property rights keeping services, the Owner disburses a fee of 0.8 (eight tenths) % of the BCH property rights quantity, transferred from the Owner's accounting credentials in the System to the accounting credentials of third parties, but not less than one hundredth of an accounting unit (0.01 WMH) and no more than thirty units (30 WMH). The given fee includes all expenses of the Keeper under the Agreement.
- The Keeper's fee is deducted by the Keeper on an uncontested basis by transferring BCH property rights by the Owner in the amount of the fee at the moment of transferring of BCH property rights to a third party is being performed.
- Additional Conditions.
- The Agreement cannot be concluded with an Owner residing in the following countries: Afghanistan, Bangladesh, Bolivia, Canada, Ecuador, Iraq, Hong Kong, Republic of Macedonia, USA, Saudi Arabia, Syria. The list of the countries and persons can be modified by the Keeper unilaterally at any time.
- Services are not provided and BCH property rights transfer operations are not performed in case the Owner reside the countries, specified in p.6.1 of the Agreement, except for the operations directly related to obtaining BCH property rights, transferred to the Owner by the Keeper.
- If accepted, this Agreement, published on the resources of the System on the Internet, is considered concluded in electronic form on the proposed conditions. The place of conclusion and execution of the Agreement is the jurisdiction and registration address of the Keeper. The Agreement becomes valid from the moment the System certifies the receipt of BCH property rights for storage.
- The Agreement becomes abeyant and is considered as annulled on the Owner's initiative at the moment of removal of the Purse of H-type performed by the Owner. The Agreement cannot be annulled if the balance of the above mentioned Purse is non-zero.
- The parties acknowledge electronic documents, drawn up with the help of the WebMoney Transfer System (namely Acts/Statements of Acceptance/Delivery, Purchase and Sale Agreements, Inventories, Logs and Balance Sheets) as legally binding and equivalent to similar paper documents.
- The Keeper is obliged to draw up a paper copy of the given Agreement after the Owner's presenting of his identification with the System, documents, confirming his competence, accounting credentials and paper copies of the Agreement signed by the Owner.
INDX Transactions Ltd.
Postal address: Euro House, Richmond Hill Road, P.O. Box 2897, Kingstown, St Vincent and the Grenadines