Agreement

1. Terms and Definitions

1.1. Evelynswap.com (hereinafter referred to as the Service) is a multi-currency exchange service that provides Users with the opportunity to exchange digital financial assets using a special software interface located on the Internet at https://Evelynswap.com.

1.2. A User is adult individual/legal entity who has agreed to all the terms and conditions offered by the Service and has acceded to this agreement.

1.3. Payment - transfer of electronic units from the payer to the recipient.

1.4. Application - information submitted by the User using the Service tools in electronic form, indicating his intentions to use the services of the Service on the terms proposed by the Service and specified in the application parameters.

1.5. The User and Service are collectively referred to as the Parties.

1.6. Currency exchange – exchange of funds for digital financial assets (cryptocurrency) and vice versa.

1.7. The exchange rate is the cost ratio of the two assets being exchanged.

1.8. Currency reserves are the amounts of digital financial assets and funds available to the Service for the provision of services. The reserve amounts are indicated on the Service’s website on the main page.

1.9. Website of the Service – https://Evelynswap.com

2. Subject of the agreement and the procedure for its entry into force

2.1. This agreement governs the relationship between the User and the Service regarding the services provided by the Service to the User and cancels all previous agreements between the Service and the User on this subject.

2.2. This agreement is considered accepted when the User submits an Application, which is an integral part of this agreement.

2.3. The date and time, as well as the parameters of the conditions of the Application are recorded by the Service automatically at the time the formation of the Application is completed.

2.4. This agreement comes into force from the moment the User completes the Formation of the Application.

2.5. This agreement terminates from the moment the details provided by the User receive funds or digital financial assets in the amount specified in the parameters of the User’s Application, or from the moment the application is cancelled.

2.6. The service reserves the right to unilaterally make changes to this agreement without appropriate notification to the User, but with the obligatory publication of the current version of the agreement on this page.

3. Subject of the agreement

3.1. The subject of this Agreement is the services of purchase and sale of digital financial assets, carried out on the order of the User, as well as other services described on the Service website.

3.2. The exchange rate of the Service is set automatically and published on the Service’s website.

3.3. The Service has the right to independently change the exchange rate at any time unilaterally, which notifies Users of the Service by posting up-to-date information on the Service’s website.

3.4. The Application created by the User on the Website of the Service indicates the direction of exchange, date and time, as well as the total amount of transferred funds or digital financial assets.

4. Terms of Service

4.1. The order of services of the Service is carried out by the User by sending an Application through the Service’s website.

4.2. Managing the exchange process or obtaining information about the progress of the service by the User is carried out using the appropriate user interface located on the Service’s website.

4.3. The processing of User Applications is carried out by the Service in strict accordance with the privacy policy (clause 5 of this agreement), as well as the anti-money laundering policy and the prevention of illegal transactions (clause 6 of this agreement).

4.4. Any completed operation carried out by the Service upon the User’s Application cannot be canceled by the User after its completion—the Service sends the funds due to the User under previously accepted exchange conditions.

4.5. If the User does not receive funds or digital financial assets within one hour from the moment the User creates the application, the agreement is considered terminated by the Service unilaterally as not having entered into force, without notifying the User.

4.6. In the event of termination of the agreement, funds or digital financial assets received after the above period shall be returned to the User's details. When making a refund, all commission costs for the transfer of funds or digital financial assets are made from the funds received at the expense of the User. The Service is not responsible for possible delays in returns if they arose through no fault of the Service.

4.7. If the amount of received funds or digital financial assets differs from that declared by the User, the Service may unilaterally terminate the agreement by refusing to execute the application and returning the received funds to the sender’s details. When making a return, all commission costs for the transfer of funds or digital financial assets are made from the funds received at the expense of the User. The Service is not responsible for possible delays in returns if they arose through no fault of the Service.

4.8. If the Service does not send funds or digital financial assets to the details specified by the User within 24 hours from the receipt of payment from the User, in the absence of reasons for blocking funds or digital financial assets received by the User’s Application from the Service, the User may request termination agreement by canceling your application and returning funds or digital financial assets in full.

4.9. The request to cancel the application must be fulfilled by the Service only if, at the time of receipt of such request, funds or digital financial assets were not sent to the details specified by the User.

4.10. In case of cancellation of the application, the return of funds or digital financial assets is made by the Service to the sender's details within 24 hours from the receipt of the cancellation request. The Service is not responsible for possible delays in returns if they arose through no fault of the Service.

4.11. The service has the right to engage third-party contractors to fulfill its obligations.

4.12. The service has the right to cancel the operation in progress and return the funds or digital financial assets deposited by the User with a refund of commissions to the User without giving reasons.

4.13. The service has the right to refuse the User further service if the User violates any of the clauses of this agreement.

4.14. All subsequent Applications created by the User after the Service refuses to further serve the User are automatically frozen.

4.15. The service has the right to delay the execution of the transaction until the transfer sender is identified.

4.16. When using the services of the Service, the User confirms that he legally owns and manages the funds and digital financial assets involved in the relevant Payment.

4.17. The User undertakes to independently calculate and pay all taxes required in accordance with the tax legislation of the User’s location.

4.18. When the User sends digital financial assets, the exchange request will be accepted for execution after two confirmations of the transaction.

4.19. The user guarantees that he is not involved in:

  • Money laundering operations;

  • Receiving proceeds from drug trafficking;

  • Receiving proceeds from criminal and/or terrorist activities;

  • Receiving income from trade with countries prohibited by international organizations;

  • Receiving income from any other illegal activity.

4.20. The time frame for crediting funds to electronic, digital and cryptocurrency wallets ranges from a few seconds to 24 hours. In practice, >99% of transfers are credited instantly.

4.21. The regulations for crediting funds to Visa and MasterCard cards range from a few seconds to 6 business days. In practice, >99% of transfers are credited within 20-30 minutes.

5. Privacy Policy

5.1. To carry out operations, the Service accepts personal data from the User, which the Service undertakes to store in encrypted form, not make public, and not transfer to third parties, except for the cases described in clauses 5.4 and 6.5 of this agreement.

5.2. All operations with Applications, as well as the transfer of personal data from the User to the Service, are carried out via an encrypted SSL channel with a key length of 256 bits.

5.3. The service has the right, if necessary, to independently carry out activities to collect additional data about the User by any available means. All information collected as a result of such activities is not made public and is not transferred to third parties, except for the cases described in clauses 5.4 and 6.5 of this agreement.

5.4. The service has the right to transfer the User’s personal data and details of transactions performed by him, provided that their confidential status is maintained upon an official written request / court decision / on his own initiative (if there is a need for an investigation) to law enforcement agencies, as well as to the User to whom they belong.

6. Anti-Money Laundering and Illegal Transactions Policy

6.1. In accordance with international legislation, Service adheres to a number of rules and implements a number of procedures aimed at preventing the use of the Service for the purpose of carrying out money laundering operations, as well as carrying out other operations of an illegal nature.

6.2. To prevent illegal transactions, the Service establishes certain requirements for all Applications created by the User:

  • Transfers in favor of third parties are strictly prohibited;

  • All contact information entered by the User in the Application, as well as other personal data transmitted by the User to the Service, must be current and completely reliable;

  • It is strictly prohibited for the User to create Applications using anonymous proxy servers or any other anonymous connections to the Internet.

6.3. To prevent illegal transactions, the Service:

  • Uses an internal system for automated analysis of transactions and User behavior (fraud prevention system), stopping all suspicious transactions of the User;

  • Sets limits on the User’s transactions depending on the level of identification of the User’s personality and his country of origin;

  • Verifies by all available means all data provided by the User.

6.4. The Service reserves the right to freeze all current User Applications until the User receives copies of documents identifying the User and other information necessary to verify the transaction in the following cases:

  • If a violation of any of the requirements presented in clause 6.2 of this Agreement is detected;

  • If the User's Application is delayed by the fraud prevention system;If the Service has reasonable suspicions that the user is trying to use the services of the Service for money laundering or for the purpose of carrying out any other illegal transactions.

6.4.1. The user undertakes to provide the requested document within 7 working days from receipt of the request for its provision, or to request cancellation of the application.

6.4.2. If the User refuses to provide the requested documents, the Service reserves the right to refuse the User further service and take the actions described in clause 4.12 of this agreement.

6.5. The Service reserves the right to refuse the User further service and take the actions described in clause 4.6 of this agreement, after which transfer all User data available to the Service, as well as all available information about the User’s operations to law enforcement agencies in the following cases:

  • Identification of transactions whose purpose is money laundering, financing of terrorist organizations, fraud of any kind, as well as transactions aimed at carrying out any other illegal and unlawful transactions;

  • If the Service has a reasonable suspicion that the document provided by the User to identify the User is counterfeit or invalid;

  • Receipt of information from authorized bodies about the User’s unauthorized possession of funds or digital financial assets or other information that makes it impossible for the Service to provide services to the User;

  • Identification of any actions or attempts to perform actions by the User aimed at causing any negative impact on the software and hardware complex of the Service;

  • Identification of any actions or attempts to commit actions by the User aimed at stealing databases and other tangible and intangible property of the Service;

  • Identification of any actions or attempts to commit actions by the User that could cause any physical, material and non-material harm to the Service.

6.6. The Service reserves the right to verify by all means available to it personal and any other information received from the User.

7. Disclaimer

7.1. The service is not a bank. The Service offers its services around the clock, seven days a week, and will strive to ensure that the software and hardware complex that implements the capabilities of the Service works without failures.

7.2. The Service provides its services on an “as is” basis, as they are described on the pages of the Service website and does not offer any additional warranties.

7.3. By using the Service, the User agrees that the scope of the Service’s liability is limited to the funds received from the User to fulfill the subject of this agreement, that the Service does not provide additional guarantees and does not bear any additional liability to the User, just as the User does not bear additional liability to the Service, except for the cases specified in clause 7.9.

7.4. The Service will make every effort, but does not guarantee that its services will be available 24 hours a day, every day. The Service does not bear any responsibility for losses, lost profits and other costs of the User resulting from the inability to gain access to the site and services of the Service.

7.5. The service does not bear any responsibility for losses, lost profits and other costs of the User resulting from delays, errors or failures in making bank payments or electronic transfers.

7.6. The Service does not bear any responsibility for losses, lost profits and other costs of the User resulting from the User’s erroneous expectations regarding the exchange rate of the Service, the profitability of transactions and other subjective factors.

7.7. If the User provides incorrect data in the information about the details of the recipient of funds, the Service does not bear any responsibility for any adverse consequences or damage resulting from this error.

7.8. By using the services of the Service, the User is independently responsible for paying taxes in accordance with the tax legislation of the country at his place of residence. The Service is not a tax agent and will not notify the User of any possible tax costs when using the Services.

7.9. The User guarantees compensation for losses of the Service in cases of claims directly or indirectly related to the User’s use of the Service.

7.10. The User undertakes not to falsify communication flows associated with the operation of the Service, not to interfere with its software and/or hardware, and not to exert any other influence that could disrupt the normal operation of the Service, understanding that such actions will be subject to legal prosecution throughout the severity of the law.

7.11. If falsification of communication flows is detected or has any negative impact on the normal operation of the Service’s program code, which is directly or indirectly related to the User’s application, the execution of the application by the Service is suspended, after which the actions described in clause 6.5 of this agreement are taken.

7.12. Neither the User nor the Service will be liable to each other for delays or failure to fulfill their obligations resulting from force majeure circumstances, including natural disasters, fire, flood, terrorist attacks, changes in government, civil unrest, as well as failures in the functioning of Electronic Payment Systems , power supply systems, communication networks and Internet service providers.

7.13. Electronic payment systems and/or financial institutions are solely responsible for the funds entrusted to them by the User. The Service cannot be a party to the agreement between the Payment System and/or financial institution and the User.

7.14. All funds received by the service three months after the application is created are at the disposal of the Service. Subsequently, the Service may dispose of these funds at its discretion.

7.15. All funds received by the Service without creating requests are at the disposal of the Service.

7.16. A user who has provided incorrect details for making an exchange undertakes to provide the correct details for making an exchange within three months from the date of creation of the application. Otherwise, all funds are at the disposal of the Service.

7.17. If the User receives an amount different from that specified in the application, the Service may suspend the exchange, and after the User’s request, pay the actual amount received at the rate in effect at the beginning of the transaction or recalculate independently, without notifying the User.

8. Procedure for accepting claims and resolving disputes

8.1. Disputes and disagreements that arise during the provision of services by the Service to the User are resolved through negotiations between the User and the Service administration, based on the provisions of this agreement.

8.2. Any claims under this agreement can be accepted by the Service electronically by sending a message regarding the essence of the claim to the details (contact page) specified on the Service website.

9. Final provisions

9.1. The Service has the right to send the User information about the status of the exchange process, as well as other information, including advertising, to the email specified by him.

9.2. Information on the site, including graphic images, text information, program codes, etc. is the property of Service and is protected by copyright laws. Each case of unauthorized copying (full or partial) can be prosecuted within the framework of current legislation.

9.3. The User confirms that he has read all the provisions of this Agreement and unconditionally accepts them, otherwise the User cannot use the Service.