These Terms also apply to and govern the use of Provider’s website that can be reached at https://cryptosistem.com (the “Website”).
In addition to these Terms, the relationship between the Client and the Provider may also be governed by separate terms or contracts. In case of any conflict between the provisions of such separate terms or contracts and the provisions of these Terms, the provisions of the separate terms or contracts shall prevail.
Certain provisions of these Terms only apply to natural persons, who, in accordance with Slovenia’s Consumer Protection Act, have the status of consumers (“Consumer”).
These Terms may be amended, revised or supplemented at any time without prior notice. All existing Client using Provider’s services shall be notified of the changes in writing. If the Client does not withdraw from the Contract in 30 days after receiving the notification, such Client shall be bound by the new provisions of these Terms.
II. Provider Information, Complaint Procedure
- registered office and address: Komen 129A, 6223 Komen, Slovenia, EU (also the actual address of business);
- registration number: 8126372000;
- registered in the court registry of the Koper District Court under entry No. Srg 2018/1938 on 15 January 2018;
- VAT registration number: SI 40710777 (the Provider is VAT-registered);
- e-mail address for communication (including any complaints): firstname.lastname@example.org.
III. Conclusion of Contract, Provision of Services
Any demand by the Client for the purchase of products or use of services shall be placed on the Website. After the demand has been placed on the Website the Provider shall contact the potential Client in order to provide additional information and answer any questions the User might have about the products or services supplied by the Provider. Such information shall be provided through telephone or in person at a meeting with the Provider.
The contract between the Provider and the Client (“the Contract”) shall be concluded when the Provider has received by the Client the full amount stated on the pro-forma invoice sent to the User by the Provider. (the “Confirmation”) Had the Client not settled the full amount stated on the pro-forma invoice, the Contract shall be deemed not concluded and both the Provider and the Client (jointly the “Parties”, and severally “the Party”) shall be relieved of any obligations.
The Provider shall start rendering the Services to the Consumer immediately after the Hardware has been incorporated in Provider’s system.
The Client shall be obliged to pay the price of the product(s) or service(s) stated on the Website at the time of placing the Order.
The Client recognizes and agrees that the cost of usage of electricity, shall be calculated based on hourly consumption, considering also the model of the Hardware that will be used for rendering services. The Client shall be obligated to pay the usage of electricity monthly starting with the hour the Hardware was integrated into the Provider’s system. Any subsequent changes of prices shall be binding on the Client from the beginning of next calendar month after the calendar month in which the Order has been placed. By placing the Order, the Client confirms that they are fully aware of the prices and payment conditions for Provider’s products and services.
Despite Provider’s best efforts, some information of the Webpage may be inaccurate. Provider shall in no way be bound by such inaccurate information and reserves the right to inform the Client of such inaccurate information in the Confirmation. In such an event, the Client shall not be bound by the Order and may cancel the Order in three (3) days after the receipt of the Confirmation. The failure to cancel the Order in three (3) days shall not affect the Consumer’s right to withdraw from the Contract.
To enable the Client to identify and correct any errors prior to submitting the Order, the Website allows the Client to return to the previous step and correct any errors at any time.
The Provider does not store the text of the Contract with the Client.
The Contract between the Parties may be executed in English and Slovenian language.
IV. Products and Services, Hardware, Transfers
Provider offers the service of storage and maintenance of computer hardware (the “Hardware”) to Clients. Provider also offers the services of coordination of mining of cryptocurrencies to Clients (the “Services”).
Mining of cryptocurrencies (which cryptocurrency(is) to mine, when and for how long etc.) shall be in Provider’s sole discretion. The Provider warrants that at any given moment all the Hardware to be stored, maintained and coordinated by the Provider – regardless of its type and/or ownership – shall be mining the same cryptocurrency(ies) thereby providing equal treatment of all Clients.
The Hardware to be stored, maintained and coordinated may be purchased by the Client from the Provider. The Hardware not bought from the Provider shall be accepted into storage, maintenance and coordination upon Provider’s sole discretion. In such case, the Client cannot use the Order and should contact the Provider via email@example.com.
The fact that the Hardware bought from the Provider has been stored with the Provider does not in any way affect the Client’s rights based on Provider’s liability for defects and does not affect the Client’s ownership of the Hardware.
The cryptocurrencies that have been mined with the pieces of Hardware, owned by the Client, shall be transferred to the Client’s e-wallet. The timeline of the transfer varies depending on the type of cryptocurrency that is the subject of mining.
V. Pricing and Billing of Services, Late Payments
The sale of Hardware by the Provider to the Clients shall be subject to prices stated on the Website.
The amount to be paid by the Client for the Services shall be calculated and billed monthly. It shall be calculated on the number and type of Client’s Hardware to be stored, maintained and coordinated by the Provider, unless expressly provided otherwise herein.
The price of the Services rendered to each Client shall consist of:
- an amount representing the cost of electricity consumed by the Hardware; plus
- the amount corresponding to the cost of insurance against typical loses and damages of and to the Hardware; plus
- 12% (twelve percent) of the value of the cryptocurrencies mined by the specific piece of Hardware in the previous calendar month.
The value of the cryptocurrencies mined in a calendar month shall be calculated based on the exchange rate of cryptocurrency and Euro (EUR) (ETH, BTC, …/EUR) at 23.59 hours on the last day of any calendar month based on the Coinmarketcap (https://coinmarketcap.com/).
All prices on the Website are inclusive of value added tax – VAT (22% for sale of products and 9,5% for the provision of services).
VI. Consumers’ Right of Withdrawal and Refund
The Consumer may withdraw from the Contract in case of purchase of Hardware by sending the Provider a written notice or a filled-in form that can be reached at http://www.pisrs.si/Pis.web/npb/2014-01-1803-p2.pdf, no later than 14 days from receiving the Hardware.
The Consumer shall be able to personally collect the purchased Hardware. Shall the Consumer decide to collect the Hardware in person, the Consumer shall not be entitled to the right of withdrawal and refund as defined in sections above.
The Consumer may withdraw from the Contract for the Services by sending the Provider a written notice or a filled-in form that can be reached at http://www.pisrs.si/Pis.web/npb/2014-01-1803-p2.pdf, counted from the day of the conclusion of the Contract.
VII. Complaint procedure
Any complaint made by the Client concerning the sale of goods or provision of services by the Provider, should be sent in writing to firstname.lastname@example.org. The Provider shall answer the complaint in 15 days following receipt, save in the event of the complaint being anonymous or clearly unsubstantiated.
The Provider is not a member of any mechanism or scheme of extrajudicial dispute resolution.
VIII. Use of the Website
The Client shall use the Website exclusively for lawful purposes in accordance with its intended use. The Client shall refrain from interfering with the rights of the Provider, other Clients or third parties or causing them any harm or damage.
The Provider may temporarily prevent a Client who violates these Terms from accessing and using the Website. In case of repeated violations, the Provider may, at its own discretion, permanently prevent the Client from accessing and using the Website and/or terminate the Contract. In the latter event, any and all rights of the Client are extinguished, and the Client is not entitled to any compensation or damages.
IX. Intellectual Property Rights
The contents of the Website, regardless of their form (text, images, videos, sound files, etc.), are the exclusive property of the Provider or other intellectual property rights holders (even where such holder is not expressly specified for certain content) and is protected by the Copyright and Related Rights Act and other laws relating to intellectual property rights. No content on this Website may be copied, reproduced, distributed, republished, posted online or transmitted in any form, including by electronic means, without the prior written consent of the Provider, unless absolutely necessary to enable the use of the Website in accordance with its purpose (e.g. caching).
The unauthorised use of any content on the Website may constitute an infringement of copyright or other intellectual property rights.
X. Exclusion of Liability
The Provider does not guarantee the accuracy, completeness or correctness of the information published on the Website and assumes no liability for any damage suffered by the Client as a result of relying on the published information. The Provider assumes no liability for any damage suffered by the Client due to the inaccessibility, non-functioning or malfunctioning of the Website.
The Provider’s liability for any loss of damage to the Hardware shall be limited to the lesser of the following amounts:
- the amount for which the Hardware has been insured (insurance sum);
- the amount paid out by the insurance company for the loss of or damage to the Hardware.
Should the amount paid out by the insurance company for the loss of or damage to the Hardware be lower than the amount for which the Hardware has been insured due to acts or omissions of the Provider, then the Provider shall be liable up to the amount for which the Hardware has been insured.
In any case, the amount of damages attributable to each piece of Hardware shall be calculated based on the value of each piece of Hardware (and on the total value of all pieces of Hardware) in storage, maintenance and coordination with the Provider at the time of occurrence of damage.
If the above exclusion of liability is void or invalid for any reason, the Provider’s liability is limited to the maximum extent permitted by law.
XI. Term of the Contract
The Contract for the provision of Services shall be concluded for an indefinite period of time.
Any Party may withdraw from the Contract upon 8 (eight) days prior written notice.
XII. Final Provisions; Choice of Law and Jurisdiction
If any provision of these Terms is invalid for any reason, such invalidity does not affect the validity of the rest of the Terms. In such a case, the invalid provision is deemed not to exist and the Terms apply without such provision.
Communications between the Client and the Provider are only deemed valid if sent in the form of an e-mail to the appropriate e-mail address; the address to be used for e-mails to the Provider is email@example.com, and the address to be used for e-mails to the Client is the address specified by the Client upon registering on the Website or upon placing the Order.
Messages are deemed received when received by the other Party. Messages are also deemed received if they are not received by the other Party, but the sending Party can prove that the message was sent in accordance with the Paragraph 1 of this Article X., in which case the message is deemed received on the day following the day on which the message was sent.
Any legal relationship between the Client and the Provider based on the Client’s use of the Website is governed by and construed in accordance with the laws of the Republic of Slovenia, and the courts of the Republic of Slovenia have exclusive jurisdiction over any dispute or controversy arising out of or in relation to these Terms or the Client’s use of the Website.
These Terms are effective as of March XX, 2018.