Regulations of zondacrypto pay

 

The following Regulations for the provision of the zondacrypto pay Services shall only apply to Partners who are natural persons, who carry out a business activity and use the zondacrypto pay Services in the context of their business activity, and to Partners who are legal persons. In the case of Partners who are natural persons and who use the Operator's Services in a non-business capacity (consumers), the terms and conditions for the provision of the zondacrypto pay Services shall be established on the basis of a separate Agreement, taking into account the specific provisions on the provision of Services to consumers. In order to conclude the aforementioned Agreement and determine the terms and conditions for the provision of the zondacrypto pay Services taking into account the provisions on the provision of services to consumers, please contact the Operator of the Platform at: [email protected]. 

 

§ 1 

General provisions

1. These Regulations of zondacrypto pay set out the rules for the provision of services by electronic means by the Platform Operator (as defined in the paragraph 2(f) below), comprising all functionalities made available within the Operator's website and mobile application for the provision of the zondacrypto pay Services.

2. For the purposes of these zondacrypto pay Regulations, the following definitions shall apply:

a) zondacrypto pay Regulations (hereinafter also referred to as "Regulations") - these Regulations;

b) Platform - the totality of digital services and functionalities offered by the Platform Operator, including both the services provided on the Exchange and the zondacrypto pay Services provided using the website and the mobile application; the term Platform includes both the Exchange and the Websites (as defined in these Regulations);

c) Websites/Website - the website and mobile application provided by zondacrypto pay within which it is possible to use the zondacrypto pay Services; 

d) 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 others: cryptocurrencies, tokens, contracts;

e) FIAT Currency - currencies recognised as official means of payment, issued by central banks or public authorities; 

f) Platform Operator/Operator - BB Trade Estonia OÜ with its registered office at Harju maakond, Tallinn, Lasnamäe linnaosa, Tähesaju tee 9, 13917 ESTONIA (office no. 10, 2nd floor), registered under number 14814864;

g) Partner (formerly also as "Merchant") - an entity that has registered on the Website, for which the Services are provided. The following entities may be a Partner: 

i. natural persons over the age of 18 and having full legal capacity, using the zondacrypto pay Services without any connection with a business (understood as consumers);

ii. natural persons over the age of 18 with full legal capacity who use the zondacrypto pay Services in connection with their business activity,

iii. legal persons or other entities which are granted legal capacity by the applicable law;

h) Service(s) (also as "zondacrypto pay Service(s)") - all services provided on the zondacrypto pay website and mobile application, including, in particular, the provision of a payment gateway for accepting and making payments in the form of Digital Assets; 

I) Account - a collection of resources maintained by the Platform Operator on behalf of the Partner under a unique name, in which all data relating to the Partner's activities on the Operator's Platform is maintained; possession of an Account is a prerequisite for the use of the Services;

j) Agreement - the agreement concluded between the Partner and the Platform Operator for the provision of Services;

k) Personal Data Controller (hereinafter also referred to as "Controller") - see Platform Operator;

l) Software - necessary technical conditions made available by the Operator of the Platform to the Partner for the purpose of due performance of the Agreement; 

m) zondacrypto pay Table of Fees and Commissions - a set of information concerning the principles of charging and the amount of fees which the Partner is obliged to pay in connection with the use of the Services; the zondacrypto pay Table of Fees and Commissions is available on the Website;

n) Partner's Customer (or „Customer”) - an entity that has concluded an agreement with the Partner and intends to make payments to the Partner using the Websites; detailed rules for making payments to Partner Customers in connection with the provision of the zondacrypto pay Services Partners are available in the zondacrypto pay Statute of Payments;

o) Cryptographic Verification of Transactions / using cryptographic tools - the process of obtaining the appropriate number of confirmations of transactions from the blockchain network for a given Digital Asset; depending on the type of Digital Asset, the number of required confirmations may vary; their required current number is available on the Platform Operator's Website in the Helpdesk tab;

p) Partner Balance - the electronic information assigned to the Partner's Account, which will indicate the electronic record of the values collected and credited to the Partner's Account, in connection with the provision of the zondacrypto pay Services (both in FIAT Currencies and Digital Assets);

q) Virtual Currency, Settlement Currency, Default Currency - the FIAT Currency or Currencies that may be used in operations performed on the Operator Websites; information on which FIAT Currencies are recognised as Virtual Currencies, Settlement Currencies and Default Currencies at the time of the transaction / execution of the Agreement is available on the Platform Operator’s Website;

r) API, API documentation - API is an application programming interface, API documentation contains descriptions of methods and data ranges provided by the Platform Operator.

3. For these Regulations of zondacrypto pay, in addition to the terms defined in paragraph 2 above, the definitions in the Terms and Conditions of Service available on the website of the Platform Operator shall apply. In the event of any differences, the definitions of these zondacrypto pay Regulations shall prevail for the provision of the Services indicated in paragraph 2(h) above.

4. The Platform Operator stipulates that the following conditions for the provision of zondacrypto pay Services shall only apply to Partners who use the Platform Operator's Services in the course of their business (i.e. those listed in § 1.2(g)(ii) and (iii) of the Regulations). In the case of Partners referred to in § 1.2.g.(i). of the Regulations, i.e. those who are natural persons,who use the Operator's Services without any connection to business activity (consumers), the terms and conditions for the provision of the zondacrypto pay Services shall be laid down in a separate Agreement, taking into account the special provisions on the provision of Services to consumers.

5. In order to conclude the Agreement and establish the terms and conditions for the provision of the zondacrypto pay Services, taking into account the provisions on the provision of services to consumers, with respect to the Partners indicated in § 1 par. 2 lit. g point i. of the Regulations referred to above, please contact the zondacrypto pay department of the Platform Operator (e-mail contact at: [email protected]).

6. The Operator of the Platform reserves that the term "Partner" used in the further part of the Regulations, taking into account the provisions of paragraphs 4 and 5 above, shall refer exclusively to the Partners listed in § 1.2. g. point ii. and iii. of these Regulations, i.e. those using the zondacrypto pay Services in the course of their business activities.

§ 2

Conditions of use of the zondacrypto pay Services

1. The performance of the zondacrypto pay Services requires the Partner to register an Account on the Exchange and to carry out identification of the User in accordance with § 5, § 6 and § 7 of the Terms and Conditions of Services, taking into account the dissimilarities envisaged in the verification process for Partners, due to, among other things, the nature of the services they provide.

2. In order to be able to use the zondacrypto pay Services, the Partner shall be entitled to log in to the zondacrypto pay Websites using the same login details as for the Account on the Exchange. In order to start using the zondacrypto pay Services on the Websites, once logged in, it is necessary to take steps to create an Account as part of the activation of the zondacrypto pay Services, including the acceptance of these Regulations, the Privacy Policy and the other documents indicated when creating a zondacrypto pay Account, as well as the expression of consents regarding the processing of personal data.

3. After the registration of an Account on the Exchange, the creation of a User Account therein, but prior to the completion of the User Identity process and the subsequent creation of the Partner's Account on zondacrypto pay, the Partner shall have limited ability to use the zondacrypto pay Services (including, but not limited to, passive acceptance of deposits only). In order to have full access to the offered zondacrypto pay Services, it is required to complete the User identity process and to have a fully verified Account on the Exchange, in accordance with the provisions of the Terms and Conditions of Service indicated in paragraph 1 above.

4. Each Partner may have a main account on the Websites, under which they may use the zondacrypto pay Services for more than one business venture. 

5. It is possible to make individual settings related to the implementation of the zondacrypto pay Services for each of the Partner's individual business ventures, which must be done in the Partner's Account on the Website after logging in.  

6. The Partner is under an absolute obligation to provide accurate, truthful information. During the performance of the Service Agreement, the Partner is obliged to promptly update the data and information provided whenever the previously provided data or information proves to be incomplete or has changed.

7. The Partner shall have the option of marking the payment gateway provided by the Platform Operator as part of the zondacrypto pay Service on the portal operated by the Partner with information that clearly indicates that the Service is provided by zondacrypto pay. 

8. When using the option indicated in paragraph 7 above, the Partner shall be obliged to mark the payment gateway in such a way that such marking, the layout or the place where it is placed, etc., does not infringe on the personal rights of the Platform Operator, including the good name of the company and does not affect its generally accepted reputation. The Partner, when exercising the option to mark zondacrypto pay as part of its payment gateway, shall inform the Platform Operator that it is exercising such right in the performance of the Agreement in question.

9. The Platform Operator shall have the right to verify the Partner's designation of zondacrypto pay as part of its payment gateway and, in the event of circumstances raising doubts as to the Partner's compliance with the obligation set out in Paragraph 8 above, to require the Partner to cease such improper designation of zondacrypto pay. The Platform Operator may, if necessary, suspend the provision of the Services to the Partner until the violations covered by this paragraph of the Regulations have ceased.

§ 3 

Conditions for the provision of zondacrypto pay Services

1. As part of the performance of the Agreement under the terms of these zondacrypto pay Regulations, the Platform Operator shall, in particular, provide the following zondacrypto pay Services to the Partners, inter alia:

a) accepting payments in Digital Assets made by the Customers of the Partners; 

b) accepting deposits from the Partners in the form of Digital Assets and FIAT Currencies;

c) making withdrawals of funds in the form of Digital Assets or FIAT Currencies.

2. It shall remain impermissible for third parties to assign, lend, transfer, perform in the interest of and for the account of third parties the Service and for third parties to use the Software provided by the Platform Operator for the purpose of performing the zondacrypto pay Service for the Partner, with the exception of entities with which the Platform Operator cooperates in the performance of the Service.

3. The Partner has the option to choose the type of funds in which the Partner wants to receive payment from the Customer. This is done by indicating one of the listed options:

a. ‘Keep the payment currency' - then the Partner will receive the funds in the Digital Asset in which the Customer made the payment;

b. ‘Receive the order currency’ - then the Partner will receive the funds in Digital Assets or FIAT Currency i.e. in that means of payment in which the price for the Partner's goods or services was expressed on the payment gateway. If the Partner does not make a choice, this option b. will be the default option.

4. The Partner shall use its best endeavours to make the possibility of making payments by its Customers through the Service available to all potential Customers of the Partner. The Platform Operator shall not be liable to the Partner's Customers who are prevented from using the zondacrypto pay Service as a result of the Partner's actions or omissions.

5. As part of the use of the zondacrypto pay Services, the Partner has the option to generate payments manually or to integrate payments using the API documentation provided by the Platform Operator.

6. The execution of the unit Service in relation to the transaction between the Partner and the Partner's Customer will take place as follows:

a. Once the terms of the agreement have been agreed directly between the Partner and the Partner's Customer using the Software provided by the Platform Operator, the Partner will generate and electronically communicate to the Websites an order to accept payment from the Partner's Customer indicating the nominal price expressed in Digital Assets or FIAT Currency; upon receipt of the Partner's Customer's funds, they will be credited to the Partner's Balance, within which the accepted payment will be credited to the Platform Operator's Website. 

b. In the event that the nominal price is communicated to the Websites in FIAT Currency, the Websites will convert the nominal price into the corresponding amount expressed in Digital Assets, according to the current selling rate on the Operator's Exchange at the time of payment, which the Platform Operator will be obliged to accept from the Partner Customer.

c. Upon acceptance of a payment from Partner Customer, the Platform Operator will deduct the Commission due to it from the amount of Digital Assets accepted. After deduction of the Commission, the funds will be transferred to the Partner's Balance. The Commission for the Service will be charged in the target currency, which will ultimately be added to the Partner's Balance, according to the choice made by the Partner within the settings of the generated payment.

d. In the event that the Partner covers the commission costs himself, this amount will not be added to the value of the accepted payment from the Partner's Customer. Otherwise, the amount of the Commission will be added to the value of the payment accepted from the Partner's Customer. The Partner is obliged to inform the Customer on his own how the Commission is calculated.

e. In the event that it is the Partner's Customer that will be obliged to cover the Commission due, in the electronic information indicated in point f below, an appropriate amount of Digital Assets to be paid by the Customer will be added to the nominal price to be paid by the Partner's Customer, representing the aforementioned Commission due to the Platform Operator for providing the Service.  

f. In accordance with the settings of the Partner's Account, the Website will transmit electronic information to the platform operated by the Partner, allowing an electronic message to be issued to the Partner's Customer, and thus enabling the transfer of a given amount of Digital Assets. The electronic information referred to in the preceding sentence will, in particular, contain the wallet address relevant to the payment and an indication of the amount of Digital Assets, the payment of which by the Partner's Customer for allocation to the Partner's Balance, will represent payment for the goods or services purchased from the Partner.

g. Once the electronic information required to accept payment in the form of Digital Assets is displayed on the Partner Customer's device, the Partner Customer will be entitled to submit an instruction to transfer a fixed amount of Digital Assets to the Partner Balance. 

h. Once the electronic information referred to in paragraph 5(f) above has been displayed and the Partner Customer has selected the Digital Asset in which it wishes to make a payment to the Partner, the Platform Operator System will, if necessary, determine the current rate (value) on the basis of which the amount in Digital Assets to be paid by the Customer will be converted and displayed. Such determined rate (value) will be appropriately blocked by the Operator's System for the Partner Customer only for a specified period of 15 (fifteen) minutes. After this time, for the Partner Customer, the System will generate a new rate (value) assigned to the transaction, which will bind the parties of the transaction. 

i. As soon as the transaction of sending Digital Assets to the address associated with the payment is completed and confirmed by Cryptographic Verification, the Exchange Operator, via the Website, will send a special electronic message to the Partner's service - a message about the confirmation of the transaction of assigning Digital Assets to the Partner's Balance. 

j. At the same time as sending the message referred to in the preceding subsection, the Platform Operator will credit the Partner's Balance as indicated by the Partner in the Payment Acceptance Instruction.

k. The Partner will have the possibility to order a withdrawal of funds credited to his/her Balance by means of a withdrawal of Digital Assets or FIAT Currency to his/her Wallet or bank account indicated by him/her and verified on the Operator's website, which will depend on the Partner's instructions in this respect pursuant to § 4 of these Regulations.

l. The Partner has the option to express the value of the gateway in FIAT Currencies, which belong to the group of Settlement Currencies. When the Partner attempts to express the value of the gateway in a Virtual Currency, the Operator's system will automatically convert the value of the respective selected Currency into the Default Currency, which will be done according to the conversion rate adopted by the Platform Operator. 

7. The Partner agrees that the Platform Operator will make the aforementioned conversions of the value of a given Digital Asset in relation to a given FIAT Currency, which will only be made if the parameters of the Service are set by the Partner, necessitating such conversions. The Operator of the Platform will make the relevant conversions using its own algorithm, based on the available exchange rates on the Exchange, to which the Partner agrees. In doing so, the Partner is aware of the exchange rate differences of the Digital Assets that may occur after the confirmation of the transaction by the Platform Operator. The Digital Asset conversion parameters adopted at the moment of the transaction confirmation by the Partner (if applicable) will be the sole basis for determining the amount of the Partner's claim on the Partner's Balance and, consequently, the value of the funds that the Partner is entitled to continue to dispose of. 

8. The Partner renounces to the Platform Operator any claims arising from changes in the price of Digital Asset units following confirmation of transactions within the unitary Services referred to above.

9. Despite the fact that the Platform Operator makes every effort to keep track of faulty or unreliable Digital Asset transfer transactions, the Platform Operator guarantees the correctness of the completed Digital Asset transaction only after the application of the Cryptographic Verification of the Transaction. Upon the Cryptographic Verification of a Transaction of a given Digital Asset, the Platform Operator will inform the Partner of the acceptance of the payment, pursuant to § 3 point 5 lit. i of these Regulations, which the Partner is obliged to electronically verify. The Partner's performance of the contracted service with the Customer prior to receiving the information from the Platform Operator referred to in § 3 point 5 lit. i, will be at the Partner's sole risk and responsibility. In such a case, the Platform Operator will be released from liability to the Partner for failure to transfer units of the Digital Asset in question to the Partner's Balance and for failure to recognise the Partner's Balance.

10. The Partner has the option of using the payment gateway settings that force the sending of information to it about the acceptance of a transaction for the transfer of units of a given Digital Asset from the Customer without obtaining the Cryptographic Verification of the Transaction required by the Platform Operator. Such information, however, does not constitute a confirmation of the Transaction in accordance with these Regulations, with the effect of passing responsibility to the Platform Operator for actually obtaining units of a given Cryptocurrency from the Customer, and therefore cannot form the basis of a claim by the Partner against the Platform Operator.

11. The Operator of the Platform, in the situation described in paragraph 9 above, informs you in this connection of the risk of not obtaining units of the Digital Asset in question in the event of the absence of Cryptographic Verification of a Transaction which, as a result of intentional or accidental actions by the Client or third parties, may fail to occur (including in the case of circumstances of so-called "Double Spending").

12. Refund to the Client of monies paid is only possible in the following cases: 

a) overpayment,

b) underpayment,

c) payment after expiry of a gate.

13. The Partner or the Operator of the Platform may, in the cases referred to in paragraph 12 above, refund the funds paid by such Customers to the external addresses indicated by the Customers (return address must be positively verified by the Platform Operator), with the proviso that the relevant Fees and Commissions due in the event of the provision of such services by the Operator of the Platform shall also be charged in respect of such transactions. Where the refund is made by the Platform Operator, the Platform Operator may make the refund conditional upon positive verification of the external address indicated by the Customer. 

14. The Operator of the Platform shall, only in the event of the impossibility of making a refund in accordance with the principles set out in paragraph 13 above, additionally have the possibility of making refunds to the Clients of the funds listed in paragraph 12 above, through their direct return to the Client's Account on the Exchange (provided that it has been correctly established and verified by the Client in accordance with the provisions of the Terms and Conditions of Services). 

15. In the situation described in paragraph 14 above, the Customer is entitled to contact the Operator of the Platform by e-mail (at [email protected]) to verify the possibility of the return indicated in this paragraph.

16. The detailed rules for the execution of the Payment Service for the benefit of the Partner's Customers are regulated in a separate document - the zondacrypto pay Statute of Payments. 

 

§ 4 

Execution of Payments

1. The Partner shall be entitled to submit to the Platform Operator a withdrawal order for funds accumulated within the Partner's individual Balances. The withdrawal order will be made via the Partner's Account on the Website.
2. In the event that a Partner submits a withdrawal order for funds within the Partner's Balance, the Platform Operator will transfer these funds as follows:
   a. Digital Assets - exclusively to the address of the Partner's Wallet indicated by the Partner,
   b. FIAT Currencies - to the verified, in accordance with paragraph 3 below, bank account belonging to the Partner, indicated by him within the User Account held on the Website.
    
3. In order to be able to use the option indicated in paragraph 2(b) above, the Partner must verify the bank account on the zondacrypto pay Website. Verification of a bank account consists in making any deposit of funds, but not less than the minimum deposit amount for the FIAT Currency concerned, as specified in the Table of Fees and Commissions of zondacrypto pay, from such bank account to the Operator Platform. It is possible to verify more than one bank account within a single Partner Account with the proviso that the Partner must be the owner of such bank accounts. If the above criterion is not met, the Platform Operator will refund such transfer for a fee in accordance with the zondacrypto pay Table of Fees and Commissions. More information on the rules for FIAT Currency Withdrawal and FIAT Currency Deposit on the Operator's Website. 
4. Execution of the withdrawal order submitted by the Partner, both in the case referred to in paragraph 2.a and 2.b above, will take place within a maximum of 72 hours from receipt of the withdrawal order. 
5. In the case of using the option to withdraw funds from the Partner's Balance in the form of FIAT Currency to the address of his Portfolio indicated by the Partner, the withdrawal amount will be automatically converted according to the buying rates and rules adopted in the Operator's Exchange - from the given FIAT Currency, to the corresponding value of the indicated Digital Asset.
6. The Partner shall be exclusively debited with all banking commissions and fees charged by the bank holding the bank account specified by the Partner when instructing a withdrawal of funds from the Partner's account to such a bank account.
7. Depending on the type of withdrawn funds and the method of withdrawal, the Platform Operator will charge a fee as specified in the zondacrypto pay Table of Fees and Commissions, which is available on the website of the Website.
8. zondacrypto pay will be entitled to a commission fee for the provision of the Service (acceptance of payments). The percentages of commissions payable to zondacrypto pay and the policy for determining them are set out in the zondacrypto pay Table of Fees and Commissions posted on the website of the Website.
9. For the amount of commissions and fees collected by the Platform Operator, including Commissions on completed Services or Fees on withdrawals of funds in FIAT Currencies from the Partner's Balance, after the Partner's request in this regard, the Platform Operator will issue an invoice to the Partner.
10. The Partner, in the case described in paragraph 9 above, authorises the Platform Operator to deliver the relevant invoices to the Partner electronically to the e-mail address indicated within the Partner's account on the Website. 

 

§ 5 

Data protection and privacy policy

 

1. The rules for the processing of personal data used and processed by zondacrypto pay, as well as the regulations concerning the Privacy Policy placed on the Websites, constitute an appendix to these Regulations and are an integral part thereof. With regard to the fulfilment of the Controller's information obligation concerning the processing of personal data as part of the use of the Website, the Controller refers to the content of the Privacy Policy. 

2. The Controller of the personal data (hereinafter also referred to as "Data") processed in connection with the performance of the zondacrypto pay Service Agreement is: BB Trade Estonia OÜ with its registered office at Harju maakond, Tallinn, Lasnamäe linnaosa, Tähesaju tee 9, 13917 ESTONIA (office no. 10, 2nd floor), registered under the number 14814864 (hereinafter also referred to as "Controller").

3. The processing of personal data shall take place on the basis of generally applicable legislation, including in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter: "GDPR").

4. The Controller shall process the personal data of the Partners (or their body members/real beneficiaries - in the case of legal persons, indicated in § 1(2)(e)(i.) of these Regulations) solely for the purposes of:

a) proper performance of the provisions of the zondacrypto pay Services Agreement - on the basis of Art. 6(1)(b) GDPR;

b) the Controller's legitimate interests, including the safeguarding of possible claims and the complaint procedure - on the basis of Art. 6(1)(f) GDPR; 

c) the sending of commercial (marketing) information - on the basis of Art. 6(1)(a) GDPR (voluntarily given consent). 

5. For the purposes of providing the zondacrypto pay Services, the Controller shall process the personal data of the Partners obtained on the basis of the Account Registration process on the Exchange and the performance of the identification of the User, in accordance with § 5, § 6 and § 7 of the Terms and Conditions of Services. The transfer of the Partner's personal data, indicated by the Partner in accordance with the preceding sentence, shall be carried out on the basis of the Partner's willingness to cooperate with and provide Services to the Partner by the Platform Operator within the framework of zondacrypto pay, through the use of previously acquired personal data as part of the Account Registration process on the Exchange.   

6. The Controller may indicate a different purpose of processing, but in such a case, it is necessary to obtain the Partner's separate consent to the processing of such data (in accordance with the provisions of Article 7 of the GDPR) and to comply with the Partner's information obligation (pursuant to Article 11 of the GDPR).

7. The Partner has the right to request access to its personal data (Art. 15 GDPR) and to receive a copy thereof (Art. 15(3) GDPR), the right to request rectification (Art. 16 GDPR), erasure (Art. 17 GDPR) or restriction of the processing of its personal data (Art. 18 GDPR), as well as the right to portability of one's personal data (Art. 20 GDPR) and to object (Art. 21 GDPR).

8. In addition, with regard to the processing of personal data, the Partner has the right to lodge a complaint with the competent supervisory authority, which in Estonia is the Estonian Data Protection Inspectorate, 39 Tatari St., 10134 Tallinn.

9. The Controller is obliged to protect the Partners' personal data. The acquired Data shall be protected by appropriate technical and organisational measures that guarantee an adequate level of protection, in accordance with the applicable legislation.

10. The Controller, while processing the personal data of the Partners for the purposes indicated in these Regulations, i.e. within the framework of data processing in connection with the provision of the zondacrypto pay Services, shall not make decisions in an automated manner, including in the form of profiling.

11. Providing personal data in the scope of wishing to use the zondacrypto pay Services is voluntary, however, without providing such data, the provision of services to the Partner shall be impossible. 

12. The Controller may provide personal data to other entities for the purpose of subcontracting to them the processing of such personal data in the performance of the zondacrypto pay Services. The entities to which the Controller entrusts the processing of personal data are indicated in the content of the Privacy Policy, which is posted on the Controller's Website. Apart from that, the transmission of data to other entities may take place with the express consent of the Partner, unless it is done on the basis of legal provisions or at the request of relevant authorities, which the Controller is obliged to perform, and for the purposes necessary for the proper performance of the Agreement.

13. The Controller may transfer personal data to third countries, i.e. countries outside the European Economic Area, however, in this case the Controller shall examine whether the third country in question has an adequate level of data protection, as required by the supervisory authorities.

14. Contact details of the Data Controller (designated Data Protection Officer) on matters related to personal data protection: [email protected]. 

 

§ 6 

Liability

1. The Partner is responsible for all actions taken by him (or third parties acting on his behalf or with his authority) on the Website after logging in with his login and password.

2. The Partner uses the Service exclusively at his own risk, to the exclusion of the Platform Operator's liability in connection with the provision of the Service, to the extent that it cannot be excluded or limited by law.

3. The Platform Operator shall be liable to the Partner for non-performance or improper performance of the Service to the extent provided for in these Regulations, unless the non-performance or improper performance of the Service is a consequence of circumstances for which, according to the law or these Regulations, the Platform Operator is not responsible.

4. The Platform Operator is not responsible for the consequences of non-performance or improper performance of obligations undertaken towards the Partner by its Customers. The Partner is solely liable to the Customers of the Partner in this respect.

5. In particular, the Platform Operator is not responsible for:

a) temporary limitation of the availability of the Websites or Service caused by the necessity to repair any defects in the Website or in the Software or the modernization of the Website, including programming or graphic design;

b) lack of implementation of the Service caused by problems with the blockchain;

 c) incorrect integration with the Service by the Partner; 

d) any damage caused to third parties, including direct and indirect damage, resulting from the Partner's use of the service, in particular resulting from the malfunctioning of the Partner's equipment, software systems or Website; 

e) any lost profits, earnings, revenues, as well as unfulfilled goals and results assumed by the Partner in connection with the use of the service and performance of the Service Agreement;

f) any effects on the Partner's rights resulting from the actions or omissions of its Customers;

g) improper use of the Service, or use of the Service in violation of applicable law - both by the Partner and its Customers;

h) any damage incurred by the Partner due to improper provision of services by third party providers of the Platform Operator;

i) damages and other consequences of the unauthorised actions of third parties, including but not limited to those resulting from criminal or illegal actions of such third parties (e.g. as a result of hacking attacks, financial fraud, etc.)

6. The Platform Operator will notify the Partner of any changes to the API documentation well in advance, unless such notification is not possible for reasons beyond the control of the Platform Operator. In such a case, the Platform Operator will not be liable for the Partner's failure to notify such changes.

7. The Platform Operator reserves the right to suspend or terminate the provision of particular functionalities of the Website due to the need for maintenance, overhaul or expansion of the technical base, if this is required for the stability of the Website. The possibility of the Partner claiming any compensation for this is excluded. 

8. In the event of a planned technical interruption of the zondacrypto pay Website, the Platform Operator shall notify the Partners in advance, stating the date and time of the technical interruption. 

9. In any event, should the Platform Operator be responsible for damage caused to  Partner, it is agreed that the Platform Operator shall only be liable for compensation up to the amount of the total amount of zondacrypto pay's revenue derived from Commissions and fees from that Partner in the last 3 months prior to the occurrence of the event resulting in damage to the Partner. If the duration of the Service Agreement and the period of performance of the Service would be shorter than the period indicated in the preceding sentence, the maximum amount of the indemnity payable to the Partner shall be calculated for that period..

10. The Platform Operator shall not be held liable for any damage, costs or expenses arising out of or in connection with the delay, improper performance or non-performance of the Service Agreement if this is due to circumstances of force majeure.

11. Force majeure within the meaning of these Regulations shall mean any unforeseeable situation or event, of an exceptional nature, beyond the control of the Platform Operator, preventing the fulfillment of any of the obligations provided for in the Regulations, not resulting from the error or negligence of the Platform Operator and remaining insurmountable despite the exercise of reasonable efforts and due diligence, in particular: events of a natural catastrophe such as flood, hurricane, or extraordinary and external events that could not have been prevented, war, martial law restrictions, insurrection, revolution, riot, strike, terrorist threat or act of terrorism, failure of technical equipment, power cuts.

12. The Partner shall be solely responsible for verifying that its Customers meet the requirements of the KYC procedure applied by the Platform Operator, where KYC procedure is required by law or agreement/contract. In the event that the Partner's Customers do not meet the requirements of the KYC procedures, the Platform Operator reserves the right to refuse to provide the zondacrypto pay Service to the relevant Customer, for which the Operator will not be liable to either the Customers or the Partner. The Partner shall be solely responsible for any claims of the Clients in this regard.

13. The Partner shall be solely responsible for the compliance with applicable law and the due performance of the Agreement with the Client in accordance with its content and the requirements of applicable law, including the performance to the Client for which the Platform Operator accepts payment as part of the provision of the Service.

14. Acceptance of payment from the Customer as part of the performance of the Service shall in no way lead to any assumption of liability, promise, guarantee or other legal event as a result of which the Platform Operator, in addition to or in place of the Partner, would be liable for the sale of the goods or the performance of the services offered by the Partner to the Customer in accordance with the Agreement with the Customer.

15. The Partner is solely responsible for determining, calculating, paying and settling, in accordance with the applicable, relevant law, all public charges, including taxes, duties and other levies, whenever such an obligation arose in connection with the performance of the Agreement with its Client and the acceptance of payment as part of the service/sale of goods provided by it.

 

§ 7 

Safety

1. The Operator of the Platform shall comply with European and national law on AML/CFT i.e. anti-money laundering and counter-terrorist financing regulations, in particular Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directives 2006/70/EC (Dz. Urz. EU L 141, 05.06.2015, p. 73), subsequently amended by Directive (EU) 2018/843 of the European Parliament and of the Council amending Directive (EU) 2015/849 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing and amending Directives 2009/138/EC and 2013/36/EU. Accession to the services provided by the Platform Operator implies acceptance of the relevant application of the above regulations.

2. In the event that the Platform Operator has a reasonable suspicion of a criminal offence, in particular, a suspicion that the funds received in the form of Digital Assets or FIAT Currencies during the performance of the Service are derived from a criminal offence, in order to continue providing the Services or making withdrawals from the Partner's Wallet, the Platform Operator may require the Partner to carry out additional checks. Failure to undertake such actions, if there are reasonable grounds for their request from the Partner, may result in the blocking of the Partner's account or refusal to provide the Services to the Partner until they are undertaken.

3. The Platform Operator reserves the right to block the Partner's account, as well as to notify law enforcement authorities and the judiciary, and if necessary the regulator (Financial Intelligence Unit) - in connection with the obligations imposed on the Platform Operator, of the suspicion that a crime has been committed.

4. In addition, in the event that the Platform Operator has reasonable doubts as to the Partner's compliance with legal requirements and the legality of its business activity, including, without limitation, possession of appropriate permits, licences, etc. to conduct a given type of activity, for the continued provision of Services or making withdrawals from the Partner's wallet, it may require the Partner to undertake additional verification activities. Failure to undertake such actions, if there are reasonable grounds for their request by the Platform Operator, may result in the blocking of the Partner's account or refusal to provide Services to the Partner, until such verification actions are undertaken.

5. During the registration process, the Partner is obliged to provide truthful and accurate information. During the performance of the Service Agreement, the Partner shall promptly update the data and information provided to zondacrypto pay whenever the data or information previously provided proves to be incomplete or changes. Failure to comply with this requirement may result in the suspension or refusal of the Service by the Platform Operator.. 

6. In the event of a suspicion or finding that the Partner's data on the Website is incomplete or incorrect, or that the Partner does not comply with the legal requirements (e.g. permits, licences) for conducting a given type of activity, as well as in the absence of the above, however, as part of the Operator's ongoing verification of the Partner's account on the Website, the Platform Operator shall have the right to require the Partner to undergo regular due diligence procedure. Failure to submit to the re-verification procedure may result in the suspension of zondacrypto pay services to the Partner or the blocking of the Partner.

7. During the term of the Service Agreement, any deletion of the Partner's information and data from the Website is not permitted, with the exception of their updating in accordance with the rules adopted by the Website.

8. Acceptance of these Terms of Service constitutes the Partner's consent to any re-verification of the Partner by the Platform Operator, including by means of the KYC procedures specified in the Terms of Service..

9. The Operator of the Platform will refuse to provide the Service if doubts about the origin of the funds - Digital Assets or FIAT Currencies, accepted during the performance of the Service, are not removed, the re-performance of the verification procedure of the Partner does not lead to the identification of the Partner or confirmation of the legality of its activities or confirmation of the source of the funds, and if there is still a doubt whether the declaration of intent made by the Partner is not affected by a defect.

10. If, in the case referred to in paragraph 2 above, any funds - Digital Assets or FIAT Currencies - are accepted by zondacrypto pay, the Platform Operator may block the performance of the Service by depositing the funds - Digital Assets or FIAT Currencies - in the blocked Partner's Account, in a zondacrypto pay deposit account or in a court deposit until a final decision is made as to who owns them by the law enforcement and judicial authorities appointed for this purpose.

11. At the justified request of a bank, other financial institution, cooperating payment operator (the list of operators is available in the Terms and Conditions of Services) or law enforcement, in case of suspicion of a possible criminal offence, the Platform Operator may block the Service by depositing funds - Digital Assets or FIAT Currencies, in the blocked Partner's Account, in a zondacrypto pay deposit account or in a court deposit until a final decision is made as to who the owner of the funds is.

12. In the event that the Operator of the Platform establishes beyond any doubt who is the owner of the funds - Digital Assets or FIAT Currencies, the Operator of the Platform shall itself give instructions for the return of the funds to the owner.

13. In the event of suspension or blocking of the Service, the Operator of the Platform shall immediately inform the parties to the transaction, unless such notification is impossible for security reasons or is due to circumstances beyond the control of the Operator of the Platform..

14. Subsequent performance of the Service after its previous suspension or blocking of the Account or reimbursement of funds after the suspension or blocking of the Service due to actions resulting from the Partner's breach of these Regulations or actions by zondacrypto pay on the basis of the provisions of these Regulations (e.g. the need to carry out the procedure for re-verification of the Partner) shall not entitle the Partner using the services of zondacrypto pay in the course of its business to make any claims against the Platform Operator on any grounds whatsoever, in particular with regard to lost profits.

15. If necessary, without the need to obtain the Partner's consent, the Platform Operator, due to the obligations imposed on it by the law, shall, upon request, provide the authorities referred to in paragraph 3 with the data in its possession concerning the identity of the Partner, both the data indicated by the Partner itself, obtained during the verification procedure referred to in paragraph 5, as well as other information concerning the Partner's activity on the Website.

16. In addition, based on the Internal Policy applied by the Platform Operator and the list of international sanctions, the Platform Operator reserves the right not to enter into business relations with residents or entities who are based or who reside in the territory of countries which have been placed on the international sanctions list. At the same time, due to the very high risk of money laundering and terrorist financing, the Platform Operator reserves the right not to enter into business relations with residents or entities domiciled or residing in the territory of countries that have been declared unacceptable countries under internal procedures. This is solely based on international guidelines and legal requirements and is in no way intended to discriminate against such persons on the basis of nationality. A list of unacceptable countries and regions is available on the Platform Operator's website, whereby such list may include both territories/jurisdictions that are not acceptable for Partners and forbidden areas that exclude the possibility of providing payment processing services to Partners' Customers. The partner is obliged to monitor the aforementioned lists on its own on an ongoing basis.

 

§ 8 

Complaint procedure

1. If, in the opinion of the Partner, the Services provided by the Platform Operator are not performed in accordance with the provisions of the Regulations, the Partner may lodge a complaint in writing. The time limit for lodging a complaint is up to 14 days from the event constituting the manifestation of the undue performance of the Service.

2. The complaint may be lodged in writing:

• by post, by sending it to the correspondence address of the Platform Operator: BB Trade Estonia OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Tähesaju tee 9, 13917 ESTONIA (office no. 10, 2nd floor), 

or:

• by e-mail, by sending a complaint to the following e-mail address: [email protected].

 

3. The complaint should include:

• data identifying the Partner, in the form of the Partner's e-mail address, linked to the Partner's Account on the Operator's Platform;

• subject matter and circumstances justifying the complaint;

• proposed method of resolving the complaint.

4. Complaints will be considered in the order of receipt, but no later than within 30 (thirty) days. If the complaint does not contain the information necessary to consider the complaint, the Platform Operator will ask the Partner to complete the complaint to the extent necessary, and the 30 (thirty) day deadline shall then run from the date of receipt of the completed complaint. The Platform Operator reserves the right to extend the deadline for consideration of the complaint in justified cases, for a further 14 (fourteen) days, of which the person submitting the complaint will be informed.

5. The Partner submitting the complaint will be informed of the manner of consideration of the complaint in the form of an e-mail, to the e-mail address associated with the Partner's account on the Operator's Platform.. 

6. The Partner has the right to appeal a decision made by the Operator of the Platform within the scope of a complaint. The provisions of paragraphs 2, 3 and 4 of this § shall apply accordingly.

7. Inquiries relating to technical issues (API documentation) should also be sent to the following e-mail address: [email protected].

 

§ 9 

Method and conditions of cancellation of zondacrypto pay Services

1. Any Partner may at any time discontinue the use of the zondacrypto pay Services under the terms of this paragraph.

2. The termination of the zondacrypto pay Services may take place:

a) at the Partner's request - with effect within 48 hours from the moment of the Partner's request to the Platform Operator, however only with respect to business days; the foregoing shall apply with the exception of situations in which the Partner is in the process of verification by the Platform Operator of the source of funds or other processes relating to the security of transactions carried out within the framework of the zondacrypto pay services, resulting from the application of financial security measures and other legal regulations; in such case, such request for termination of the services by the Partner shall be effective only upon completion of the aforementioned actions by the Platform Operator;

b) according to the decision of the Platform Operator - in the cases indicated in these Regulations.

3. The termination of the zondacrypto pay Services to the Partner may be effected as follows:

a) by the Partner performing actions related to the complete discontinuation of any services offered on the Operator's Platform (i.e. both the Exchange and the Website), consisting of the complete deletion of the User's Account on the Platform;

b) by resigning exclusively from the zondacrypto pay Services, while retaining the possibility of further use of the User's Account with respect to the functionalities of the Exchange. 

4. A Partner wishing to exercise the option to discontinue the provision of Services for him/her by the Platform Operator to the full extent indicated in paragraph 3 a. above, should do so in accordance with the rules provided for the complete deletion of the Account on the Exchange, as indicated in the Terms and Conditions of Services. 

5. Partner wishing to exercise the option to discontinue the zondacrypto pay Services to him/her, as indicated in paragraph 3.b. above, while continuing to have an Account on the Exchange, shall apply in this respect only by e-mail directly to the zondacrypto pay Support, at the e-mail address: [email protected]. In the notification, the Partner shall, in addition to the instruction to terminate the Services to him/her, also indicate the date and - optionally - the reason for such discontinuation of the zondacrypto pay Services. After contacting the aforementioned e-mail address, the Platform Operator shall instruct the Partner by e-mail on the actions necessary to discontinue the provision of the Services to him/her.

6. In the event of termination of the zondacrypto pay Services, the Partner may, in principle, make withdrawals of the Digital Assets and FIAT Currencies that are accumulated on its Balance, in accordance with the rules adopted by the Platform Operator in these Regulations and the Terms and Conditions of Service. 

7. It is a prerequisite for the termination of the Agreement for the provision of Services by the Partner that the Customer brings the balances to "0" (zero) on each of the Partner's portfolios available on the Website. If the above condition is not fulfilled, the funds left in the Account become a non-interest-bearing deposit. 

8. Termination of the agreement for the provision of Services by the Partner pursuant to Paragraph 3(b) above shall result in the deletion of the Partner's Account, understood as blocking the possibility of logging into the Partner's Account and further use of the zondacrypto pay Services. However, the Partner's data indicated during the registration process and the identification of the User on the zondacrypto Exchange referred to in § 2 point 1 of these Regulations, in the case referred to in paragraph 3(b) above, i.e. resignation from the provision of the zondacrypto pay services on the Website only, shall remain visible on the Operator's Platform - on the Exchange User's account, and any subsequent deletion of such Exchange User's account shall take place in accordance with the rules provided for in the Terms and Conditions of Service.

    

9. The Platform Operator may temporarily stop providing Services to the Partner in the event of a justified suspicion of a significant violation by the Partner of the law, these zondacrypto pay Regulations, the rights of the Platform Operator or the rights of third parties, the principles of social coexistence or good manners, until it is clarified whether the violation actually occurred and whether it was significant. In the situation described in the previous sentence, the Platform Operator is not responsible for the loss of value of the Partner's assets accumulated on the Platform.

10. In the event of a significant breach by the Partner of the law, these Regulations, the rights of the Platform Operator or the rights of third parties, the principles of social coexistence or good customs, the Platform Operator has the right to terminate the contract for the provision of Services with immediate effect.

11. With the exception of the situation described in paragraph 10 above, the termination of the contract for the provision of Services by the Platform Operator may take place with a 7-day notice period, and the Platform Operator reserves that during the notice period, the provision of Services and the functionality of the zondacrypto pay Website for the Partner whose contract for the provision of Services has been terminated may, in in justified cases, be limited only to the Partner's ability to independently withdraw the funds accumulated in the Account.

12. Due to the fact that the Platform Operator is an entity enabling the exchange of currencies between Digital Assets and FIAT Currencies, it is obliged to comply with the legal provisions regarding counteracting money laundering and terrorist financing, in particular EU regulations resulting from the legal acts indicated in § 6 section 9 of the Regulations and the Estonian Act of October 26, 2017 on the prevention of money laundering and terrorist financing. Taking into account the above, the Platform Operator is entitled to terminate the contract for the provision of Services in each case when the use of zondacrypto pay Services by the Partner is inconsistent with the provisions of law, in particular in the field of counteracting money laundering and terrorist financing, or violates the internal regulations of zondacrypto pay in this regard.

13. Termination of the contract for the provision of Services pursuant to paragraph 12 above, also takes place with immediate effect, and the return of the Partner's Balance, upon termination due to the impossibility of applying financial security measures, will be made to the Partner's bank account with the simultaneous conversion of Digital Assets to FIAT Currencies at market rates, unless otherwise provided by generally applicable law. 

 

§ 10

 Final provisions

1. The Platform Operator is entitled to change the content of these Regulations and this change will become effective each time on the date indicated by the Platform Operator. The deadlines for changes indicated by the Platform Operator cannot be shorter than 7 days from the moment the amended Regulations are made available to the Partner.

2. A change to the zondacrypto pay Table of Fees and Commissions and a change to the Unaccepted territories / jurisdictions for Partners of zondacrypto pay and their Customers - do not constitute an amendment to these Regulations.

3. Before making the payment, the Partner's Client accepts the zondacrypto pay Statute of Payment. 

4. The Platform Operator reserves the right to use the Partner's marks in the form of a logo, company name or URL address; as well as placing information about the Partner as an entity using zondacrypto pay services on websites and advertising materials, unless the Partner does not consent to the activities indicated above.

5. The law applicable to the contract between the Partner and the Platform Operator, the subject of which are the Services provided by zondacrypto pay as part of the Website under the terms specified in the Regulations, is the law of the Republic of Estonia.

6. Disputes arising between the Platform Operator and the Partner will be resolved amicably. If the amicable way to resolve the dispute is exhausted, disputes related to the Services provided by zondacrypto pay will be resolved by competent common courts.

7. The Regulations enter into force on the day of May 29, 2024.