1.Introductory Provisions
1.1 These Rules define the basic principles of interaction between X-Pay service and its users within the framework of providing services for exchange, purchase or realization of digital funds.
1.2 Acceptance of these Rules and subsequent registration in the X-Pay system implies the beginning of the use of services related to digital money transactions.
1.3 The time and date of confirmation of the Rules by the user are automatically recorded by the X-Pay system.
1.4 By completing the registration process, the user confirms his/her full familiarization and agreement with the terms and conditions of use relevant at the time of registration and undertakes to comply with them. The full text of the Terms and Conditions is available on the official X-Pay website.
1.5 This agreement starts immediately upon completion of the user's registration in the system and remains in force indefinitely until the user or X-Pay officially announces its termination.
2 Terminology
2.1 X-Pay (hereinafter referred to as the "Service") is an online platform for performing transactions for exchange, purchase and sale of digital resources and monetary units in electronic format.
2.2 The official web resource of the Service is designated as X-Pay.com.
2.3 The term "User" means any natural person who uses the services offered by X-Pay and who has accepted its privacy policy together with the terms of use of Cookies. 2.4. "Affiliate" means a natural or legal person who participates in the program of attracting new users of the Service, acting within the framework of the established agreement with X-Pay. 2.5 "Affiliate Payment System" refers to a software solution created by third party developers that provides the functions of issuing, selling or storing digital assets and processing payments on the Internet. 2.6 The main systems that X-Pay works with include Perfect Money, Payeer and Volet. The full list is available on the Service's website. 2.7. The Client of the Partner payment system is a person who has agreed with the terms and conditions of this system and has established contractual relations with it. 2.8. "Electronic Assets" are digital versions of money or other digital liabilities established between the creator of the asset and its holder.
2.9. "Payment" or "Transaction" is defined as the transfer of electronic assets or funds from one party to another.
2.10. "Application" is a formal expression of the User's desire to use one of X-Pay's services by filling out a special form on the service's website in accordance with the established terms and conditions.
2.11. "Source Currency" describes the digital money or assets that the User intends to exchange or sell.
2.12. "Source Account" is the wallet identification number or other information about the User's account from which the source currency is sent.
2.13. "Received Digital Currency" is the digital assets or cash that the User receives as a result of an exchange or sale transaction.
2.14. "Recipient's Account" is the details of the User's wallet or account to which the received electronic funds will be transferred.
2.15. "Electronic Asset Reserve" indicates the amount of digital assets available in the Service at the time of creating the request.
2.16. "Electronic Asset Exchange" represents the process of exchanging one type of digital assets for another.
2.17. "Exchange Rate" is the value relationship between the different digital assets at the time of their exchange.
2.18. "Electronic Currency Reserves" reflects the amount of digital resources available on the Service that can be used for transactions.
2.19. "Force Majeure Circumstances" include events beyond the control of the parties, such as natural disasters, fires, wars, strikes and changes in legislation, which may affect the fulfillment of obligations under the contract.
3. Provision of services
a) Users can order services offered by X-Pay by applying directly through the service website.
b) Initiation and management of the process of conversion of digital finances and assets, as well as access to information about the status of the service, is carried out through the user interface on the X-Pay website.
c) Execution of applications by X-Pay service is performed in accordance with the regulations of interaction with partner payment systems, the details of which may vary depending on the specific system.
d) X-Pay does not assume responsibility for the operation and services of external payment systems, as the rights and obligations of the parties are determined solely by the provisions of the respective services.
f) By using X-Pay services, the client confirms that all funds involved in transactions are of legal origin.
g) The X-Pay service does not act as a tax representative, therefore the client is individually responsible for the calculation and payment of the taxes provided for by the legislation of his/her region.
3.1 Digital Asset Exchange Service
a) By creating a request, the client gives X-Pay the task to exchange digital assets from one system (source funds) into assets of another system (received funds) of his choice.
b) The client is obliged to send the initial amount specified in the application, after which X-Pay undertakes to transfer the received funds in accordance with the current exchange rate and the established commission.
c) The amount of X-Pay's fee for each transaction will be clearly indicated in the application and the client agrees to these terms and conditions when executing it.
d) X-Pay's task of transferring funds is considered completed when the amount is debited from his account in the system and recorded in the transaction history of the respective system.
3.2 Digital Funds Services
a) By submitting a request, the Client authorizes X-Pay to perform the operations of receiving and sending digital funds.
b) The amount of X-Pay's remuneration for the execution of these operations will be indicated in the application and must be confirmed by the client before execution.
c) X-Pay must execute the transfer of the funds received within 48 hours of receipt from the customer in accordance with the terms and conditions of the request.
d) X-Pay has the right to cancel the order if it has not received payment within 20 minutes after its creation.
e) The transfer of funds to the customer is considered completed when the corresponding amount is debited from X-Pay's account.
3.3 Digital Asset Purchase Services
a) By creating an order, the customer instructs X-Pay to buy digital money or assets from him/her and to transfer the cash equivalent according to the specified terms and conditions.
b) X-Pay is obliged to effect the transfer of funds to the customer within 48 hours of receiving the original assets from the customer in accordance with the terms of the order.
c) X-Pay's service fee is defined in each application as an exchange rate and must be confirmed by the customer during the application process.
d) X-Pay's obligation to transfer funds shall be deemed fulfilled when the corresponding amount is debited from his account.
4. Extended Terms of Service
4.1 If X-Pay does not receive the digital assets or funds from the user within 20 minutes after the application has been submitted, X-Pay reserves the right to cancel the application. Funds received after this time limit may be returned to the sender's account upon request. If refunded, the transfer fee will be deducted from the refunded amount at the user's expense. Information on late funds is stored in the X-Pay system for six months, after which time the data is deleted and refunds are no longer possible. If the user requests a refund after one day, the refund amount will be recalculated at the current exchange rate.
4.2 If the user has transferred funds to the X-Pay account, but the amount differs from the amount stated in the application, the service may consider this as a request to adjust the application according to the amount received. If the actual amount of digital assets or funds does not correspond to the amount declared in the application, X-Pay may cancel the transaction. Refunds will be made within 72 hours of the user's request and transfer fees will be paid from the refund amount.
4.3 If X-Pay fails to send the digital funds or assets to the specified details within 48 hours after the application has been submitted, the user has the right to request a full refund, unless exceptions are specified in the Agreement. Refunds are only available if the request remains outstanding at the time the request is received and transactions have not been completed. To initiate a refund, the user must provide proof of ownership of the funds by sending screenshots to X-Pay Support. Delay in execution may be caused by the conditions of a particular Payment System, for which X-Pay is not responsible.
4.4 The exchange rate for electronic assets is fixed for a period of up to 18 minutes from the moment of activation of the exchange request. If the payment is made after this time, the exchange rate will be updated and the creation of the request is blocked. To resume the operation, it is necessary to return to the initial page and repeat the procedure. In case of debiting without creating an application, the client should contact the support service to clarify the details. If the request was not created in due time and the exchange rate has changed, X-Pay is not responsible for possible losses. 4.5 X-Pay may temporarily suspend the execution of an application to prevent fraud. In this case, the user must contact the support service to confirm the operation. 4.6. Specific conditions for certain payment systems: - PerfectMoney system may delay transactions for more than 24 hours; - Refunds sent in cryptocurrency are not possible. The user is responsible for the accuracy of the entered details; - The use of VPN, Proxy and Dedicated-Server is prohibited when making payments from fiat sources, e.g. Visa/Mastercard Rub, Uah, Kzt, Usd, Eur. Transfers to Russian bank cards are made via interbank transfer and may take from a few seconds to five business days. Detailed terms and conditions of partner payment systems are available on their official websites. If the user has transferred funds less than the minimum allowed limit, X-Pay has the right not to return these funds.
5. Exchange Rates
5.1 Current exchange rates for digital assets are available on the official X-Pay website at www.x-pay.com. These rates are constantly updated according to the market situation.
5.2 All fees associated with transactions to exchange, buy or sell digital assets are already included in the exchange rates indicated on the website for each type of transaction.
5.3 X-Pay reserves the right to adjust exchange rates without prior notice to customers. Users can find out about the current exchange rates directly on the service's website when making an application. If the user does not agree with the new exchange rates, he/she has the right to refuse X-Pay services and terminate cooperation with the service.
5.4 X-Pay may unilaterally change the terms and conditions of the agreement and the range of services offered. Users will be notified about all changes through publications on the service website: www.x-pay.com.
5.5 When creating a request on the X-Pay website, the user will see the current exchange rate, the amount of commission, the selected method of exchange, as well as the total amount of the operation.
5.6 X-Pay service fee is automatically deducted at the moment of transaction execution.
5.7 X-Pay has developed a system of loyalty and rewards for its regular customers. Detailed information about current discounts and bonuses is available in the "Affiliate Program" section of the service website.
6. X-Pay responsibility
6.1 X-Pay is financially liable to the Customer up to the amount of the digital asset or electronic funds transferred to X-Pay to fulfill the order.
6.2 X-Pay provides services for the exchange, purchase and sale of digital assets or electronic funds. X-Pay does not collect funds, pay for goods or services from other providers, or distribute information that violates legal requirements.
6.3 X-Pay shall be liable to the Customer for financial losses caused by the actions of third parties, if X-Pay could have prevented such losses due to adequate technical and physical security of the digital assets or electronic means services provided.
6.4 X-Pay shall not be liable to the Customer for financial losses caused by illegal actions of third parties that could not have been foreseen or prevented.
6.5 X-Pay is not responsible for delays or unfulfilled applications caused by errors of other payment systems or banks specified by the customer in the application. The client agrees that in such cases all claims will be directed to the payment system or bank. X-Pay will provide the necessary support for filing a complaint or claim to another partner or bank.
6.6 In case of detection of falsification of communication flows or negative impact on the correct functioning of the X-Pay program code related to the Customer's application, the execution of the application may be suspended. In such a case, a recalculation of the application parameters or, if the client does not agree with the recalculation, a return of the digital asset or electronic funds to the payer's account will be made.
6.7 X-Pay is not liable for partial or total non-fulfillment of the terms of use in case of force majeure circumstances that cannot be prevented by reasonable measures.
6.8 In other cases of default arising from these Terms of Use, X-Pay will be dealt with in accordance with the laws of the place where X-Pay is located.
7. User's liability
7.1 The User is responsible for the accuracy and completeness of the information and data provided during registration. In case of providing incorrect personal data or erroneous data for the execution of the application, X-pay Service is not responsible for possible losses of the user.
7.2 By agreeing to these Terms and Conditions, the User states and confirms the following: a) Has provided true and truthful information about himself/herself, as well as true identification data;
b) Is not involved in money laundering operations or transactions;
c) His income is not related to criminal and/or terrorist activities;
(d) His income is not related to trade in countries where such trade is prohibited by international organizations;
f) His income is not related to any other illegal activity.
7.3 The User undertakes not to interfere with the x-pay Service by affecting its software or hardware, nor to distort the parameters transmitted to the Service.
7.4 The User agrees that the x-pay Service is not a financial advisor and does not provide investment advisory services. Any communication between the User and the x-pay Service cannot be considered as financial advice.
7.5 The User shall not be liable for partial or total failure to fulfill these Terms and Conditions if it is caused by force majeure, unforeseen events or prevented by appropriate measures.
7.6 In other cases of non-performance of obligations arising from these Terms and Conditions or breach of individual terms and conditions, the laws of the European Union will apply.
8. Other terms and conditions
8.1 The use of the X-Pay Service for fraudulent and illegal transactions is prohibited.
8.2 X-Pay Service operators are legally obliged to provide information about payments, users and transactions to Georgian authorities, regulating organizations and providers of financial and payment services in Georgia.
8.3 Protection of User's information and other confidential data is carried out in accordance with the current legislation of Georgia, including the Law of Georgia No. 5669-რს dated 28.12.2011 "On Protection of Personal Data". Details of processing and protection of personal information are described in the Privacy and Cookies Policy published on the website of X-Pay Service and are required for the conclusion of contractual relations between the User and X-Pay Service.
8.4 In case of suspicious actions when making an application by the User, the X-Pay Service has the right to suspend the execution of operations until the reasons are clarified.
8.5 The X-Pay Service has the right to refuse to execute the operation of exchange, purchase or sale of electronic currencies, if the transfer of the electronic asset to the Service account was made without making an application through the user interfaces on the Service website. In this case, the electronic currency transferred to the accounts of the Service without making an application through the user interfaces on the website can be returned to the User upon request, taking into account the commission of the payment system.
8.6 The Administration of the Service has the absolute right to refuse to provide services to any client without giving any reasons.
8.7. If you or X-Pay are delayed or prevented from fulfilling any of these terms and conditions due to force majeure circumstances, this will not be considered a breach of the terms and conditions and neither you nor X-Pay shall be liable for any loss or damage arising from such circumstances.
8.8 Information about the client and his/her transactions is stored on the server and cannot be deleted. At the customer's request, access to the account may be restricted or deleted.
8.9 X-Pay Service makes every effort, but does not guarantee the availability of its services 24 hours a day, 7 days a week. The Service is not responsible for losses, lost profits and other expenses of the User arising from the inability to access the site and services of the Service.
9. Final provisions
9.1 The Terms and Conditions are agreed with the User electronically during registration. Agreement to the Terms and Conditions published in electronic form shall be deemed valid and equivalent to written consent.
9.2 The X-Pay Service is entitled to unilaterally amend the Agreement by publishing them on its website. The changes shall be effective from the moment of publication, unless otherwise established when they are published. The User has the right to terminate the contractual relationship with the X-Pay Service in case of disagreement with the changes to the Terms and Conditions. For this purpose, the User must notify the X-Pay Service in writing of their disagreement with the changes and terminate the contractual relationship.
9.3 The X-Pay Service informs the User about the procedure for handling complaints and claims in a document called "Complaints and Claims Policy", which is available on the website of the X-Pay Service.
9.4 X-Pay Service may send information about the status of the exchange process and other information to the e-mail specified by the user, including promotional materials. The user can refuse to receive promotional mailings by clicking on the corresponding button in the received e-mail.
9.5 All information on the website, including graphics, text, program codes, etc., is the property of X-Pay and protected by copyright laws. Any unauthorized copying (in whole or in part) may be prosecuted in accordance with the law.
9.6 The User acknowledges having read and fully accepts all provisions of this Agreement. Otherwise, the User may not use the X-Pay Service.