YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCTS, PRODUCT SITES AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCTS, PRODUCT SITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, PRODUCT SITES OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, PRODUCT SITES, OR CONTENT, AND CONTACT CUSTOMER SUPPORT TO CANCEL YOUR MEMBERSHIP.
HOW TO ACCEPT THIS AGREEMENT
You accept this agreement by:
Agreeing in writing through accepting this Agreement in the Site, via e-mail or otherwise by executing this Agreement or activating the Services.
When you accept, you are representing that you are at least 18 years old and are legally able to enter into a contract. If you're accepting for an organization, you are representing that you are authorized to bind that organization, and where the context requires, 'you' means the organization. By accepting, you are agreeing to every provision of this Agreement whether or not you have to read it.
Once you have accepted this Agreement, we will process your acceptance as an offer to receive Service. We will then review the offer, including without limitation assessing your identity and authenticity. Once we are ready to offer Service for you, we will inform you that your Service has commenced, constituting our acceptance of your offer.
If we feel unable, or if at our sole discretion, we decide not to provide you with Service, we will inform you of this by email and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible in the same method of payment used in the attempted purchase of Services.
This Agreement establishes the legal terms and conditions of the agreement between us (collectively this “Agreement”) on which we sell to you any of the Services (defined below) that are described on our website (the “Site”).
This Agreement will apply to any Services (defined below). Please read this Agreement carefully and make sure that you understand it before ordering any Services from the Site. Please note that by purchasing a Service, you agree to be bound by this Agreement and the other documents expressly referred to herein. Please execute this Agreement by clicking the button labeled “Register an account” on the Site version. If you refuse to accept the terms and conditions of this Agreement, you will not be able to purchase a Services, or to access your portal related to an existing Services.
You should print a copy of this Agreement or save it for your future reference.
Every time you purchase a Service, please refer to the most current version of this Agreement made available on the Site to ensure you understand the terms which will apply at that time. This Agreement was most recently updated on August 01, 2019.
1. We operate the Site flashyhash.com. To contact us, please use page Contact US.
1.1. On the conditions and in the order laid down in the Contract the Provider of Services shall undertake to provide the Recipient of Services with Services and the Recipient of Services shall undertake to pay for the provided Services in the order and within the terms laid down in the Contract.
1.2. The Provider of Services shall provide the Recipient of Services with the Services on the following conditions:
A. Price of contract plan: 10 MH/s
B. Mined cryptocurrency (algorithm) – Ethash
C. Beginning date –Reception of confirmation of release of service
D. Term of contract – 24 months
1.3. Mined cryptocurrency (algorithm) is a type of algorithm produced by means of cryptocurrency extraction equipment. Ethash cryptocurrency shall be mined from the moment of conclusion of the contract.
1.4. Mining capacity is the result of mining which can be mined by the cryptocurrency extraction equipment in one second. The capacity of extraction depends on the variable factor (level of difficulty), therefore the final result of extraction may differ during the validity period of the Contract.
1.5. The Provider of Services shall confirm and guarantee that they have all technical equipment necessary for the provision of Services. The Provider of Services shall confirm and guarantee that during the full validity period of the Contract they shall provide the Services in good faith and properly, following standards and requirements applicable to such activity.
1.6. By signing the Contract, the Recipient of Services shall confirm that they are of age.
2. Remuneration and Services
2.1. The Recipient of Services shall pay the Provider of Services for the provision of Services the Contract plan payment in accordance with the chosen speed (point 1.2 A of the Contract), as well as the service fees laid down in the Contract.
2.2. The Recipient of Services shall pay the Contract plan payment in accordance with the speed chosen on https://flashyhash.com (including VAT), within 1 (one) day from the day of signing of the Contract. The paid speed payment shall allow using the Services for 24 (twenty four) months.
2.3. The Recipient of Services shall pay the service fee of 0.10 USD for 1 MH/s (including VAT) per day.
2.4. The service fee laid down in point 2.3 of the Contract, at the choice of the Recipient of Services, shall be deducted 1 (once) a month from cryptocurrencies extracted by the Recipient of Services during 1 (one) month by deducting the service fee, or the Recipient of Services shall pay the service fee independently in accordance with the payment terms established on https://flashyhash.com.
2.5. The Recipient of Services shall activate the Service within 24 hours from the moment of reception of payment laid down in point 2.2 of the Contract.
2.6. During the period of provision of Services the part of cryptocurrency mined by the Recipient of Services shall automatically cover the service fee provided in point 2.3 of the Contract and when it is covered the mining is performed for the Provider of Services.
2.7. At least once a month the Recipient of Services shall receive the mined cryptocurrency to the e-wallet indicated by the Recipient of Services.
3. Obligations of the Provider of Services
3.1. In accordance with the Contract (the chosen speed of mining), the Provider of Services shall undertake to transfer the mined cryptocurrency at least once a month to the e-wallet indicated by the Recipient of Services.
3.2. The Provider of Services shall confirm that the terms and conditions of provision of Services (rates of orders) may vary depending on various conditions of the market and they shall always be provided on the website.
3.3. The Recipient of Services shall confirm and guarantee that the Services shall be provided (the server shall operate on a continuous basis) no less than 95 (ninety five) percent of annual time.
4. Confidentiality and Protection of Personal Data
4.1. The Parties shall undertake without a prior written agreement of the other Party to do not disclose confidential information to any third parties, also to do not create conditions for confidential information to be intentionally or unintentionally disclosed, transferred or released to third parties in another manner.
4.2. The following shall be considered as confidential information:
4.2.1. information expressed in any manner (written, verbal, electronic or visual), which is exchanged by the Parties during the conclusion and implementation of the Contract and which is related to the business of the Parties, including (but not limited to) commercial secrets;
4.2.2. information related with rights and obligations of the Parties;
4.2.3. the present Contract, its part or copies, e-wallet of the Provider of Services, annexes to the Contract and other information in relation with the Contract.
4.3. For the purpose of conclusion of the Contract, the Recipient of Services shall agree to create a personal account on https://flashyhash.com, where the Recipient of Services shall indicate their name and surname, e-mail address, telephone number, e-wallet and password. During the implementation of the Contract, the Provider of Services may ask the Recipient of Services to provide additional information. The Provider of Services shall undertake to manage the personal details of the Recipient of Services in the order laid down by the Contract following the requirements of the United Kingdom Law on Legal Protection of Personal Data.
5. Validity, Amendment and Termination of Contract
5.1. The Contract shall enter into force from the moment of its signing and shall remain in force until proper and full implementation of obligations of the Parties, but for no less than 24 (twenty four) months from the moment of signing of the Contract. At the end of this term, the Parties may agree in writing to extend the Contract for an additional term.
5.2. The Parties to the Contract shall have the right to terminate the Contract by informing the other Party about it in writing no later than 14 (fourteen) business days in advance, if one Party shall in essence breach its obligations laid down in the Contract and shall not amend such a breach within a reasonable period from the day of submission of a respective notification of the other Party asking to fix such breach of the Contract.
5.3. When terminating the Contract, the Recipient of Services shall make full settlement with the Provider of Services for actually properly provided Services in the order laid down by the Contract.
5.4. The Contract may be terminated by a mutual written agreement of the Parties.
5.5. The Contract may be amended or supplemented and amendments or supplementations to the Contract shall enter into force only if they are signed by both Parties to the Contract. Supplementations of the Contract shall enter into force from the moment of their signing, unless a later date of entry into force is indicated in them.
5.6 Your Right to Terminate. You may terminate this Agreement and any Service by giving notice of termination to us. You normally will not be entitled to receive any refund of your Service.
5.7 Consequences of Termination. If you terminate any Service, or terminate or otherwise refuse to accept the terms of this Agreement, we will cease to provide any Services and you will no longer be obligated to pay any regularly charged fee. If you terminate a Service pursuant to this Section, your Service Fee will not be refunded. If you terminate this Agreement and your own wrongful activity or violations of this Agreement entitle or potentially entitle us to damages or you otherwise have unpaid obligations or potential obligations to us at the time of termination, in which event we are permitted to retain any amounts owed to you as a setoff against those damages and other obligations.
6. General Conditions
6.1. If any of the Parties shall breach obligations assumed under the Contract, the guilty Party shall undertake to compensate the affected Party for all losses incurred by the affected Party due to such breach of the Contract or non-performance of obligations.
6.2. Laws of the United Kingdom shall be applied to the Contract and all rights and obligations arising from the Contract. The Contract is concluded and shall be interpreted in accordance with the law of the United Kingdom.
6.3. The Parties shall agree that all disputes, claims, disagreements in relation with the Contract or arising due to its implementation, violation, termination or non-validity shall be settled by negotiations. If the Parties shall fail to reach an agreement by negotiations, disputes shall be settled at a United Kingdom court in accordance with the address of the registered office of the Provider of Services following laws of the United Kingdom.
7.1. All notifications, agreements or other communication that may be submitted by any Party in accordance with the Contract shall be considered as valid, if they are personally submitted to another Party to the following addresses that were indicated by one Party when submitting the notification:
To the Provider of Services:
Company FHCM LIMITED (FHCM Stands for Flashy Hash Cloud Mining)
Company number 11603764
7.2. If address and (or) other details of the Party shall change, such Party shall inform the other Party at least 3 (three) days in advance. The Parties shall undertake to inform each other on changes in the address of the registered office, name or bank account details.
7.3. The Contract is signed in 2 (two) counterparts in United Kingdom having equal legal effect, each Party retain their own copy.
IN WITNESS THEREOF and having properly assessed the content of the Contract, the consequences of its conclusion, implementation, as well as non-implementation of the concluded Contract (improper implementation), the Parties (or duly authorised representatives of the Parties) have concluded the present Contract.