LaxOTC

Terms of Service for LaxOTC

 

TERMS USED IN THIS REGULATION

Virtual currency – a digital representation of a value that can be digitally transmitted, stored, or traded and can function as a means of exchange but is not recognized as legal tender, is not considered to be a banknote and coin, non-cash and electronic money, and has no monetary value, which is accumulated in a payment instrument used in the cases referred to in Law No 253/2008 Coll. on the Law on Combating Money Laundering.

Virtual Currency Exchange Transaction (virtual currency exchange/conversion) – purchase and/or sale of virtual currency or non-cash currency by a Service Provider and Customer against another virtual currency at the specified exchange rate.

Service Provider – Limited Liability Company Laxpedia s.r.o., registration number No. 19424612, Varšavská 715/36, Vinohrady, 120 00 Praha 2, Czech Republic; email address: [email protected]

Customer – a natural or legal person who uses, has used, or expressed a wish to use the services of the Service Provider.

Service – is a service offered by the Service Provider and/or provided to the Customer in compliance with the relevant terms or conditions of the agreement.

Service Agreement – an agreement between the Customer and the Service Provider regarding the services provided.

Price list – the price list of the Service Provider’s products and services valid at the time of providing the Service.

Commission fee – a fixed fee charged by the Service Provider for a virtual currency exchange transaction and (or) related service.

Terms – these General Terms and Conditions.

Data questionnaire – is information about the Customer signed by the Customer and submitted to the Service Provider.

Parties – the Customer and the Service Provider, both together.

Order – any order given to the Service Provider by the Customer.

 

GENERAL PART

  1. The Service Provider has developed these Terms with the aim of ensuring a high-quality Order execution process, better results in Order execution, and predictability and certainty in the Service Provider’s relationship with the Client, as well as to minimize negative consequences that may occur due to the Order execution process.
  2. The Terms regulate the legal relationship between the Customer and the Service Provider, established by concluding any Service and (or) Services Agreement. The Terms also regulate the legal relations between the Service Provider and the Customer, which are not regulated in the Service Agreements. If the legal relations between the Service Provider and the Customer regulated in the Terms are regulated differently in the Service Agreement, then the norms of the specific Service Agreement shall be considered as a priority.
  3. The Terms are binding on the Customer and the Service Provider. By applying for the Service and/or establishing a business relationship with the Service Provider, the Customer confirms that they have read the Terms, agree with them, acknowledge that they are binding, and undertake to comply with them.
  4. The Service Provider performs any type of transaction on the basis of the Customer’s Orders unless otherwise provided in the Terms.
  5. The Service Provider is entitled to refuse the Customer to execute the specific Order or provide the Service at any time.

 

TERMS AND CONDITIONS OF THE TRANSACTION

  1. The Service Provider performs virtual currency exchange transactions with the following virtual currencies: USDT, USDC, TUSD, FDUSD, USDP, EURC, and EURT.
  2. The Service Provider has set the following minimum amount of the virtual currency exchange transaction – 2,000 EUR or its equivalent in the virtual currency.
  3. For the virtual currency exchange transaction, the Service Provider deducts the Commission fee from the Customer in accordance with the Price List.
  4. A commission fee for virtual currency transactions is also charged from the Client for the virtual currency exchange transaction. This commission fee is calculated and deducted for each transaction separately, based on the type of virtual currency selected by the Customer, network load, and the number of transactions in the queue. The commission fee for the virtual currency exchange transaction is indicated to the Client before a specific transaction.
  5. The Service Provider warns, and the Customer agrees that due to virtual currency exchange rate fluctuations and the fact that the exchange transaction takes a certain period of time, which differs depending on the Customer’s chosen virtual currency, the time of day and network load, the exchange rate may change during the virtual exchange transaction.
  6. When performing a virtual currency exchange transaction, the virtual currency exchange rate is determined:

–    When the Customer sells a virtual currency – at the moment when the virtual currency is transferred to the electronic wallet of the Service Provider;

–    When a customer buys virtual currency – after completing the customer identification (KYC) procedure and sending the funds to the bank account of the Service Provider.

  1. The Client is obliged to carry out all payment transactions with legal currencies exclusively through the Client's Payment Account of which he is the owner, which also applies to payments received from the Provider. The Client shall, upon request, provide the Provider with proof of his/her authorization to the Client's Payment Account. In the event that the Client refuses to provide the appropriate documentation or if such documentation is insufficient, the Provider is entitled to suspend the payment transaction until the Client remedies the defective condition.
  2. The Service Provider is not responsible for losses that may occur to the Customer during the execution of the virtual currency exchange transaction if they have occurred due to fluctuations in virtual currency exchange rates or other circumstances beyond the Service Provider’s will and control.
  3. Depending on the nature of the transaction, a purchase deed, sales deed, or exchange deed is drawn up, respectively.
  4. The document confirming the virtual currency exchange transaction, which is issued to the Customer after the completion of the transaction, is a cashier’s check.

 

PREVENTION OF MONEY LAUNDERING, TERRORIST FINANCING AND ILLEGAL ACTIVITIES

  1. When providing services to the Customer, the Service Provider complies with the provisions on the Law of the Republic of Czech on the Prevention of Money Laundering and Terrorist Financing (hereinafter – the PPTFPI Law).
  2. According to the PPTFPI law, the Service Provider is the subject of this law and is supervised by the Financial Analytical Authority.
  3. Pursuant to the PPTFPI Law, the Service Provider has the right to request from its Client, and the Client is obliged to provide the information and documents necessary for the client’s research, including regarding the beneficial owners, transactions performed by customers, economic and personal activities of customers and beneficial owners, financial position, sources of money or other funds. In some cases, the Service Provider may request other additional information.
  4. If the Service Provider does not receive the requested information and documents to the extent that allows it to perform the Customer’s research on the merits, the Service Provider terminates the business relationship with the Customer and requests early fulfillment of the Customer’s obligations.

 

CUSTOMER IDENTIFICATION, AUTHORIZATION VERIFICATION

  1. In accordance with the requirements of the PPTFPI Law, the Service Provider is obliged to identify the Customer and / or the Customer’s representative before receiving each individual Service and (or) concluding the Service Agreement.
  2. Upon the Service Provider’s request, the Customer and / or the Customer’s representative is obliged to submit the Service Provider’s documents and information necessary for the identification of the Customer and / or the Customer’s representative and the updating of the Customer’s identification data.
  3. The Service Provider identifies a natural person on the basis of a personal identification document recognized in the Republic of Czech – passport, identity card or other personal identification document specified in binding legal acts. The Service Provider has the right to copy or scan and store copies of the personal identification document submitted by the Customer, observing the requirements of regulatory enactments.
  4. For the identification of a legal entity, the Client must submit documents confirming the Client’s registration, legal basis of the activity, current legal status, persons entitled to represent it, the scope of their representation, as well as the scope of the authorized representative’s authorization. At the request of the Service Provider, legal entities must present the originals of the documents or their notarized copies. The Customer’s representative – a natural person, shall be identified by the Service Provider in accordance with the procedures specified in Paragraph 21 of the Terms.
  5. The Customer’s identification documents submitted to the Service Provider and the documents confirming the authorization of the Customer’s representatives shall be considered valid until the Service Provider has received their written revocation, but all and any amendments to the identification and power of attorney documents submitted to the Service Provider shall come into force from the moment when the Service Provider received the documents certifying these amendments.
  6. The Service Provider has the right to re-identify the Customer and / or the Customer’s representative at any time. The Customer is obliged to cooperate with the Service Provider and provide it with the requested information and documents.

 

DOCUMENTATION AND SIGNATURE REQUIREMENTS

  1. Documents issued outside the Republic of Czech are accepted by the Service Provider as legalized or certified with an “Apostille” certificate, except in cases when regulatory enactments or an agreement between the Republic of Czech and the respective country does not stipulate other documents, or when the Parties have agreed otherwise.
  2. The Service Provider accepts documents in Czech or English. The translation of the document must be notarized, bound, and stamped together with the original document or a notarized copy thereof.
  3. The Customer is obliged to provide the Service Provider with information on changes in the content of the submitted documents.
  4. The Service Provider shall not reimburse the expenses related to the execution of documents in accordance with the requirements for the execution of documents specified in the Terms and regulatory enactments.
  5. The Service Provider considers that the document is duly signed if:

–    The Customer or his / her representative shall sign by hand in the presence of the Service Provider’s representative and if, in the Service Provider’s opinion, the signature visually corresponds to the sample signature in the identification document of the Customer or its representative;

–    The Client or his / her representative signs by hand and the notary has certified the authenticity of the signature and the identity of the Client or his / her representative;

–    the document uses a secure electronic signature in accordance with the regulatory enactments of the Republic of Czech and the European Union.

  1. The Service Provider is entitled not to accept documents submitted remotely if, at the Service Provider’s discretion, the signature in the submitted document does not visually correspond to the sample of the Client’s (legal entity’s) signature drawn up in the presence of the Service Provider’s representative.
  2. The Service Provider is not responsible for errors, inaccuracies, and other deficiencies that have arisen as a result of incomplete or erroneously filled in documents of any kind by the Customer.

 

PROCESSING OF PERSONAL DATA OF THE NATURAL PERSONS

  1. The Provider shall process and store the Client's personal data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and Act 110/2019 Coll. on the processing of personal data and related legislation.
  2. The personal data processing policy and information on the processing of personal data are published on the Provider's website in the section For Customers / Personal Data Processing Policy and the Client has read and agrees to them.
  3. The Provider is obliged, in certain cases provided for by law, to request proof of identity from the Client and to obtain, process and store the Client's personal data. This obligation is imposed on the Provider by Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds of Crime and Terrorist Financing, as well as Act No. 136/2011 Coll., on the Circulation of Banknotes and Coins.

 

LIABILITY

  1. The Service Provider shall not be liable for any losses and expenses of the Customer caused by fluctuations in the virtual exchange rates.
  2. The Service Provider is obliged to compensate only the direct losses caused to the Customer, which have occurred to the Customer due to the Service Provider’s malicious intent or gross negligence caused by the Service Provider’s illegal actions.
  3. The Parties shall be liable for non-performance or improper performance of their obligations arising from the Service Agreements in accordance with these Terms unless otherwise provided in the Terms.
  4. The Customer assumes responsibility for any losses caused to the Service Provider due to the Customer’s default.

 

COMMUNICATION OF THE PARTIES

  1. The Parties are entitled to exchange information both orally and in writing by submitting information to the other Party in person or by means of communication (e.g., post, telephone, e-mail), observing the contact information provided in the Data Questionnaire.
  2. Communication between the Parties shall be in the English language unless the Parties have agreed otherwise.
  3. If, by filling in the Data Questionnaire or any other internal document of the Service Provider, the Customer needs to translate the text from/into Czech or English, the Customer instructs and entrusts the Service Provider to perform the relevant translation.
  4. Notices, documents or other transmissions of information (for example, letters, submissions), unless otherwise provided in the Service Agreement, shall be deemed to have been delivered to the other Party:

–    7 (on the seventh) day from the day of its dispatch, if the information has been sent to the contact address indicated in the Data Questionnaire by official delivery service or post;

–    at the moment when the other Party has signed for the receipt of the information if it has been delivered in person against a signature;

–    if the information transmission is sent by electronic means of communication (e-mail, fax and others), it shall be deemed to have been received at the time of transmission unless a system notification is received stating that the transmission or communication has not taken place.

  1. The Customer is obliged to immediately inform the Service Provider about any changes in the information about the Customer specified in the Data Questionnaire, Service Agreements or other documents submitted to the Service Provider, including:

–    for natural persons – regarding changes in their given name, surname, contact information, or declared address, as well as regarding revocations and amendments to the issued authorizations;

–    for legal entities – about changes in their name, type of legal entity, legal or contact address, registration number, as well as changes in the persons entitled to represent the Client or their signatures, the legal entity is obliged to inform the Service Provider also about revocations and amendments to the authorizations issued by the legal entity, reorganization, insolvency proceedings, termination of operations, exclusion from the commercial register and other significant changes affecting the Service Provider or its activities/industry.

  1. The Customer is obliged to provide information to the Service Provider even if changes in the relevant information or circumstances have been publicly announced through the media or registered in a public register.
  2. If the Customer has not notified the Service Provider of changes in the Customer’s contact information, the Service Provider considers that the contact information submitted by the Customer is complete and true.
  3. Upon the Customer’s separate request, the Service Provider shall provide information on the General Terms and Conditions, the Internal Control System Regulations and the Privacy Policy, as well as other information specified in regulatory enactments also in paper form, electronically or in another manner agreed by the Parties.

 

SETTLEMENT OF CLAIMS AND DISPUTES

  1. The Service Provider accepts the Customer’s oral questions, objections, and suggestions by email: [email protected] and provides the Customer with information about the Services, the Price List, and the virtual currency exchange rates.
  2. Complaints and claims may be submitted only in writing by sending them by e-mail: [email protected] or by sending them by post to the registered office of the Service Provider.
  3. The Service Provider shall respond to complaints within 15 working days of receiving the complaint, but if it is not possible to respond to the received complaint within the specified time due to circumstances beyond the Service Provider’s control, the total time limit for the examination of the complaint may reach 35 working days from the moment of receipt of the complaint.
  4. Any disputes arising out of or in connection with the use of the Provider's services shall be resolved by the competent courts of the Czech Republic.
  5. The Client acknowledges that the Czech Trade Inspection Authority is the supervisory authority for compliance with the Provider's obligations set forth for consumer protection.