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Terms and conditions for the recovery of digital assets zondacrypto pay

 

This version of Terms and Conditions is effective as of 29th of May 2024.

 

§ 1 

  1. These Terms and Conditions (hereinafter referred to as the zondacrypto pay Digital Asset Recovery Terms and Conditions) set out the rules to be applied when the Partner’s Client requests zondacrypto pay (hereinafter also referred to as the "Platform Operator", see definition in § 1.2(f) of the Regulations of zondacrypto pay) to undertake the Digital Digital Asset Recovery Process, due to the Client making an incorrect payment to the Partner, contrary to the rules provided for in § 2(1) of the zondacrypto pay Digital Asset Recovery Terms and Conditions.

    a. To these zondacrypto pay Digital Asset Recovery Terms and Conditions, in addition to the terms defined in paragraph 3 below, all definitions from the Regulations of zondacrypto pay and the zondacrypto pay Statute of Payment shall apply.
    b. For the purposes of these zondacrypto pay Digital Asset Recovery Terms and Conditions, the following definitions apply:

  2. Digital Asset - a digital representation of a given value or a given right, processed and stored in a virtual database whose integrity and correctness is secured through cryptographic methods. Within Digital Assets, we can distinguish, among other things: cryptocurrencies, tokens, contracts;

  3. Supported Digital Assets - Digital Assets for which the Platform Operator’s systems have been adapted, allowing payments to be made by the Client to the Partner using them. Information about the networks of Digital Assets supported by the Platform Operator is available on the Platform Operator's website. 

  4. Digital Asset Recovery Process - a process aimed at restoring the Clients' right to dispose of Digital Assets that were lost as a result of an error beyond the control of the Platform Operator, due to the Client making an incorrect payment to the Partner. Such process remains complex and its success cannot be guaranteed;

  5. Recovery Fee - the fee, set in EURO, payable by the Client to the Platform Operator for the successful outcome of the Digital Asset Recovery Process; 

  6. Recovery Costs - the other costs (independent of the Recovery Fee) that the Client will have to pay in the event of a successful outcome of the Digital Asset Recovery Process, which costs have been incurred by the Platform Operator in order to provide the appropriate tools and resources to recover the Digital Assets lost by the Client. These costs may be necessary to cover an appropriate number of Digital Assets, in particular these costs may be used, for example, to cover network charges.

 

§ 2

  1. In order for payments made by the Client to the Partner to be correctly added to the Partner’s Wallet, it remains necessary for the following conditions to be met together:

    a. the payment was made with Supported Digital Assets by the Platform Operator at the time of payment;
    b. the payment was made on a network that was supported by zondacrypto pay at the time of payment; the networks currently supported by the Platform Operator are available at the link;
    c. the payment of Supported Digital Assets was made via the Payment Gateway and the payment was made within 15 minutes of the opening of the Payment Gateway;
    d. when making the payment, all data required by the Platform Operator (e.g. tag/memo etc.) were given correctly;
    e. additional, specific requirements of the network or Digital Asset by which the Client makes the payment have been met, if applicable to the payment in question; all additional requirements are described in zondacrypto pay Table of Fees and Commissions;
    f. the payment was not made using a protocol that ensures anonymity and it remains possible to easily and unambiguously identify the sender of this payment.

  2. The Platform Operator shall not be liable for any payments made by the Client in breach of the rules set out in paragraph 1 above and cannot guarantee that it will be possible to take action to recover Digital Assets in such cases. 

  3. In the event that the Client makes an erroneous payment of Digital Assets in breach of the rules set out in paragraph 1 above, and only at the express request of the Client, the Platform Operator may attempt to carry out the Recovery Process for the Digital Assets which, due to the Client's error, have not been correctly added to the Partner's Portfolio. The undertaking of the Digital Asset Recovery Process by the Platform Operator at the Client's request remains voluntary, which means that the Operator is entitled to refuse to take action to recover the Digital Assets. 

  4. It shall only be possible for the Platform Operator to undertake the Digital Asset Recovery Process if the value of the Digital Assets to be subject to the Digital Asset Recovery Process is at least equivalent to the amount of EUR 200.00. The conversion of the value of the Digital Assets into EUR, is carried out according to the opening rate posted on https://coinmarketcap.com/ as of the date of the erroneous payment.

  5. The Client may submit a request for the Platform Operator to undertake the Digital Asset Recovery Process within 30 days from the date of the erroneous payment of the Digital Asset, via the form available at the Platform Operator’s website. If a request is made after this deadline, the Platform Operator is entitled to refuse to initiate the Digital Asset Recovery Process.

  6. The Platform Operator shall each time assess the request received from the Client to undertake the Digital Asset Recovery Process on an individual basis in terms of the action that can be taken and shall make an individual calculation of the Recovery Fee and the Recovery Costs that the Client will only be obliged to pay if the Digital Asset Recovery Process is successfully completed. The risk of total loss of the Digital Assets and the possible actions to recover the Digital Assets remain different depending on the circumstances of the individual case. For technical reasons, the Platform Operator does not guarantee the successful outcome of the Digital Asset Recovery Process. The fact that the Digital Asset Recovery Process was successful in a particular case does not guarantee that the same actions will have the intended effect in the case of another request. 

  7. The Platform Operator will inform the Client by email - to the email address indicated by the Customer when completing the application form referred to in paragraph 5 above - of the results of its assessment as to whether the Digital Asset Recovery Process can be undertaken and of the Recovery Fee and Recovery Costs, within 60 days of receipt of the Client's request. The Platform Operator stipulates that the assessment made only indicates the possibility of carrying out actions that may lead to the recovery of the Digital Assets and does not constitute a guarantee that these actions will have the intended effect.

  8. The amount of the Recovery Fee shall be determined by the Platform Operator on a case-by-case basis and shall depend on the circumstances of the case, but shall be no less than EUR 100.00 and no more than 20% of the value of the Digital Assets to be recovered, in accordance with the EUR conversion referred to in paragraph 4 above. Notwithstanding the Recovery Fee, the Platform Operator shall also determine the amount of Recovery Costs, if any, if there is a need to incur them in the circumstances of the case.  If the Digital Asset Recovery Process is unsuccessful, the Client will not be charged any fees or costs

  9. In order for the Platform Operator to proceed with the Digital Asset Recovery Process, the Client's acceptance of the Platform Operator's assessment of the recoverability and the amount of the Recovery Fee and Recovery Costs remains necessary. The Client shall carry out the acceptance by sending a feedback message to the email address from which it received the assessment from zondacrypto pay, together with information on the amount of the Recovery Fee and Recovery Costs. 

  10. The Recovery Fee and Recovery Costs shall be collected by the Platform Operator from the recovered Digital Assets, only in the event of successful completion of the Digital Asset Recovery Process. The funds to be returned to the client, after deduction of the Recovery Fee and Recovery Costs, are returned to the wallet address indicated by the client.

  11. The assessment of recoverability made by the Platform Operator, together with the assessment of the Recovery Fee and Recovery Costs, shall only be valid within 14 days from the date of receipt by the Client of information to that effect from zondacrypto pay. If the Client sends an acceptance after this deadline, this may result in a change to the existing assessment as to the recoverability of the Digital Assets, the amount of the Recovery Fee and Recovery Costs or result in a refusal by the Platform Operator to undertake the Digital Asset Recovery Process.

 

§3

  1. For technical reasons beyond the control of the Platform Operator, it is not possible for the Platform Operator to take independent action regarding the reimbursement of funds to the Client in the event of an overpayment or underpayment when making payments by the Client to the Partner via zondacrypto pay. Accordingly, in the event of an overpayment or underpayment, refunds shall only be made upon the express order of the Client, sent to the e-mail address: [email protected]. In the event of an underpayment, the client also has the option of requesting the Platform Operator to make a surcharge available for the full price of the service or goods in question. 

  2. The fee for the return of funds representing an overpayment or underpayment is 0.5% of the total amount returned. In addition, a withdrawal fee will be charged in accordance with the zondacrypto pay Table of Fees and Commissions. The funds are returned within 14 working days from the date the Client sends the order to the address of the Wallet provided by the Client.

  3. In the event that the Client fails to request a refund in accordance with paragraph 1 above within 60 days until the date of payment, the Platform Operator undertakes to provide the Client with a fee-based storage service for the Digital Assets. The fee for this shall be 20% of the initial value of the Digital Assets, for each month of storage commenced. The fee will only commence after the indicated 60 days have elapsed from the date of payment, in the absence of a request by the client for a refund in accordance with paragraph 1 above. Information on the balance can be obtained by sending a request to the e-mail address: [email protected]. 

  4. A refund of an overpayment or underpayment shall not be made if the costs of the refund transaction referred to in paragraph 2 above remain equal to or exceed the funds to be refunded.

  5. The reimbursement procedure described in paragraphs 1 - 4 above shall not apply if the payment made for which the underpayment occurred has already been transferred by the Platform Operatory to the Partner, when requested by the Partner or ordered by the Partner to do otherwise. In such cases, any claims for reimbursement by the Client must be addressed directly to the Partner, about which the Client will be duly informed by the Platform Operator in the event of a request by the Client, in accordance with § 2.5 above.

 

 

§ 4

  1. The Platform Operator shall be entitled to amend the zondacrypto pay Digital Asset Recovery Terms and Conditions at any time and such amendment shall take effect on the date indicated by the Platform Operator, provided that the effective date of the amendment to the zondacrypto pay Digital Asset Recovery Terms and Conditions shall not be less than 7 days after the new version of the terms and conditions is made available on the zondacrypto pay website. 

  2. Matters not regulated in these zondacrypto pay Digital Asset Recovery Terms and Conditions shall be governed by the Regulations of zondacrypto pay and the laws generally applicable in the Republic of Estonia, where the Platform Operator has its registered office. The above stipulation shall not deprive Clients who are consumers of the protection granted to them by the law of their habitual place of residence.

  3. An amendment to the Table of Fees and Commissions does not constitute an amendment to these Regulations.