Limited Liability Company Cyberian Mine GmbH (Germany), hereinafter referred to as the “Agent” represented by the Managing Director, Matrenitsky Maxim Vladimirovich acting on behalf and at the expense of the Limited Liability Company “Cyberian Mine Rus” (Russia) on the basis of agency agreement No. 1 of 04.05. 2018 and Power of Attorney No. 1 of 04/05/2018, hereinafter referred to as the “Contractor” represents this contract for provision of paid services, hereinafter referred to as the “Contract”.
This contract is of a public nature and is an offer exclusively for individuals and legal entities that are not tax residents of the Russian Federation identified in this contract as “Client”, “User” or “Customer” and describes the conditions for ordering and using services provided by the Contractor.
The Contract may be changed by the Contractor with a notification period of 14 calendar days. The current version of the agreement is published on the website https://cyberianmine.de/agreement. By placing an order for services, using services or continuing to use the services of the Contractor, the user agrees to the terms of the current version of the Agreement, which has priority and replaces the terms of previous versions of the agreement.
If you accept this offer on behalf of a legal entity, you confirm that you have all the legal rights to represent this person and accept on behalf of that person the rights and obligations under the Agreement. If you or a legal entity that you represent do not agree with the terms of the Agreement, you can not use the services.
A process of computer calculations based on cryptographic algorithms used in decentralized information systems based on Blockchain technology.
A specialized electronic computer designed for Mining.
A specific Miner, whose computing resources are accessed exclusively by the Customer under this Agreement.
An external information system that allows for the distribution of computational tasks between the Miners as well as the processing of the results of the Mining they have completed.
A cryptographic algorithm-protected entry in the registry of the Blockchain information system as a result of mining calculations.
A website located on the Internet at https://cyberianmine.de
A legally significant action carried out in electronic form for the conclusion of this contract, consisting in the transmission in any way to the Contractor of the following information: the Miner models, their number, the data or details identifying the service recipient and the subsequent confirmation by the Contractor of the possibility of providing access to the services of this equipment.
A natural or legal person who has completed the Order.
The period of service provision beginning on the first day of the month when the service was rendered at the time of the commencement of the service for the second and subsequent months at 0 hours 00 minutes on the first day of the month and ending at 23.59 on the last day of the calendar month.
1. The Subject of the Agreement
The subject of this Agreement is the provision of paid services for the provision of computing power to place information in the information system (distributed Blockchain database), as well as services for setting up equipment and servicing the infrastructure, (hereinafter referred to as the “Service”), which ensures the operation of the equipment and information system.
The computing power is provided by means of exclusive remote access to the specific computer (Miner) via the Internet. The composition and characteristics of the hardware and system software that produce the calculations are determined by the available resources of the Contractor and are reserved on the basis of the Order issued by the User in electronic form.
The cost of services is determined in accordance with the tariffs described on https://cyberianmine.de/pricing to this contract, which is its integral part.
An order issued by the Customer on the Website of the Contractor or via e-mail or any other means of communication shall be recognized by the Parties as a legally valid document drawn up in simple written form and signed by the Parties on both sides.
All communications, except claims and applications for refunds sent via e-mail, are recognized by the Parties as legal documents drawn up in simple written form.
2. Acceptance of the contract
The text of this contract, in accordance with Article 435 and Part 2 of Article 437 of the Civil Code of the Russian Federation, is a public offer.
Full and unconditional acceptance of this Agreement, in accordance with Article 438 of the Civil Code of the Russian Federation, recognizes the execution by the Customer on the Contractor’s Site, or the payment for services by the Customer in accordance with the terms of this Agreement and tariffs posted on the Contractor’s website. Acceptance means that the Customer fully agrees with the terms of this Agreement and accepts them.
3. Rights and obligations of the Contractor
3.1. The Contractor undertakes
Provide the ordered services to the Customer in accordance with the terms of this Agreement and its Annexes.
Not less than 10 (ten) days days to notify about changes in tariffs, terms of the Agreement and its Annexes.
To inform the Customer about carrying out of preventive and other works, capable to cause breaks in rendering of services.
In the absence of a technical opportunity to continue rendering the service, notify the Customer through e-mail or through an information message on the Contractor’s Website and terminate this agreement, in accordance with the procedure provided for in section 8 of the Agreement.
Continuously provide services to the Customer, except for cases when breaks are associated with scheduled preventive or other works, unscheduled technical works, actions or omissions of third parties, force majeure circumstances, as well as faults in information transport channels that are not part of the Contractor’s information system. The Contractor does not bear civil liability to the Customer or third parties for interruptions in the provision of services related to these circumstances.
To provide a Hot Swap backup facility to minimize downtime of the Customer’s Miners. The Hot Swap backup facility means that if a Customer’s Miner needs maintenance or replacement, or if there is an underperforming period, the hash rate will be provided by Cyberian Mine.
Ensure the confidentiality and safety of the personal data provided by the Customer. Produce their processing in accordance with the rules and principles established by the Federal Law “On Personal Data”.
3.2. The Contractor has the right
Disconnect the Customer’s Dedicated Miner, whilst carrying out preventive maintenance or other works, having previously notified the Customer.
To conduct without prior notification the disconnection of the Customer’s Dedicated Miner during urgent technical work, the necessity of which is required to provide services under this Agreement.
To inform the Customer via e-mail about their news, new and / or additional services, special offers, discounts, promotions, publications, press releases, to inform the technical information and about the works.
Unilaterally and immediately terminate this Agreement in case of violation by the Customer of the terms of this Agreement and its Annexes, and also if the Contractor becomes aware of the Customer’s violation of the legislation of the Russian Federation or the legislation of the country of the Customer’s tax residence.
The Contractor has the right to transfer rights or obligations under this Agreement in any part to third parties, unless this entails a change in the quality and conditions of the provision of the Services to the Customer.
4. Rights and obligations of the Customer
4.1. The customer undertakes
Until the conclusion of the Agreement in accordance with clause 2.2, carefully read the text of the Agreement, the text of the Appendices to it and the text of other rules and local legal acts published on the Contractor’s Website.
To fulfill all the obligations set out in the text of the Agreement, the text of the Appendices and in other local legal acts of the Contractor.
To make payment in the order and within the terms provided by the text of the Contract.
To monitor changes in tariff plans, as well as in other issues related to the provision of services published on the Contractor’s website.
To read and understand all the messages sent by the Contractor via email to the Customer’s mail box specified at the time of placing the order.
Maintain up-to-date status and ensure the authenticity of all contact data (for individuals and representatives of legal entities) and details of the organization (for legal entities) indicated when ordering.
At the request of the Contractor, sent by email or by other means of communication within 7 (seven) days, provide a copy of the identity document, as well as a photograph of the Customer with an identity document or other materials required by the Contractor to identify the Customer’s identity (for physical persons and representatives of legal entities), as well as copies of documents certified by the tax authorities confirming the registration and registration of the tax registration in the country If these data are not provided, the Contractor has the right to terminate the Agreement unilaterally in accordance with the requirements of the legislation on combating money laundering and terrorist financing.
Use in communication with the Contractor only the email address, used when creating the Order.
Ensure the confidentiality of the information used to authorize the Customer in his email system. Any message sent from the customer’s email address will be considered a message sent by the Customer.
4.2. The customer has the right
At any time, to terminate the contract and request the Contractor to transfer the Dedicated Miner to the Customer’s ownership in accordance with the procedure for termination of the Agreement provided for by Chapter 8 of the Agreement.
5. Procedure for placing an order
If the order specifies the Miner models or their number, which the Contractor does not have available, the Contractor within 48 hours after the execution of the Order agrees the terms of the beginning of the provision of the Service with the Customer. In case the Customer does not confirm the terms, the Contractor within 48 hours is obliged to return the paid initial payment. If the Customer agrees with the approximate terms of the commencement of the provision of the Services, the Dedicated Miner shall be set up upon receipt of the relevant Miner model at the disposal of the Contractor.
The commencement of the provision of services is considered to be the modification of the settings in accordance with the parameters and the beginning of the Mining implementation by the Dedicated Miner in accordance with the parameters provided by the Customer.
6. Cost of services and payment procedure
The cost of services and works under the Contract is calculated in Euro currency and is determined by the tariffs specified in Appendix 1 to this contract, which is its integral part. The cost of services consists of the initial fixed payment (Initial Payment) and periodic payment variables (Periodic Payment), calculated depending on the number of hours of operation of equipment in the calculation period and the results of Mining in this period, expressed in the Tokens received by the Customer as a result of Mining.
Services and work under the Contract are made only after the Customer has paid the initial payment by wire transfer to a bank account or by cash payment to the Agent. The moment of payment is the receipt of funds to the Agent’s account.
In case of non-cash payment, the Customer is obliged to transfer from his own bank account, no payment is accepted from the account of third parties.
The parties agree that, in the absence of written objections within three days from the end of the Billing Period of the use of the service, the service under this Agreement is deemed to be rendered by the Contractor in full.
Within 5 working days after the end of the current accounting period, the Contractor shall issue an invoice to the Customer paid by the Customer within 10 calendar days.
The initial payment and periodic payments are not refundable, except for cases stipulated by the Treaty and the legislation of the Russian Federation. The customer pays all taxes provided by the law, the object of taxation of which are services provided under this agreement, except for taxes, the subject of taxation is the income or profit of the Contractor.
When making any money payment or transfer, the customer must indicate the account number or otherwise uniquely identify the order for which payment is made.
In the event that the customer fails to pay the invoice for the Initial Payment, the Agreement is not considered to be accepted and does not enter into force.
In case the customer fails to pay the periodic payment account within 15 days after the end of the Settlement Period, the provision of the Services is suspended until the debt is fully repaid.
In case the customer fails to pay the invoice for the Periodic payment for more than 15 days, the Contractor has the right to increase the amount of the invoice to compensate for the idle time of equipment and other costs associated with the suspension of the provision of the Service.
In the event that the customer fails to pay the periodic payment account within 30 calendar days after the end of the Settlement Period, the contract shall be deemed terminated, the equipment used shall not be transferred to the Customer’s property, the Initial Payment and other payments shall not be returned.
If the Contractor or its Agent does not receive the payment sent by the Customer, the Contractor has the right to present to the customer 2% of the overdue debt, or the maximum amount provided by the legislation for each full or incomplete month of delay. The Contractor may also show to the Customer for reimbursement the operating expenses incurred by the Contractor in the process of collecting the debt, including reasonable expenses for the services of lawyers and specialists in repayment of debts.
Renewal of services after their suspension according to clause 6.8 of this Agreement is carried out at new tariffs, if any changes were made since the beginning of the provision of the Services.
All services are provided by the Contractor and are maintained exclusively by the Contractor or by third parties on behalf of the Contractor. Customers are obliged to address directly to the Contractor on any issues related to these Contracts, and not to contractors of the Contractor and other related persons.
7. Term and Termination Agreement
The Contract comes into force when the Initial Payment is received on the Contractor’s account and is valid for 1 (one) year from the date of the beginning of the provision of the Services.
The contract is automatically prolonged for the next year, if neither of the Parties notified the other Party about the termination of the contract 15 days before the expiration of the contract.
The Customer has the right to terminate the Agreement unilaterally at any time without explaining the reasons, notifying the Contractor within 5 working days before the deadline for the termination of the contract. During this period, the Contractor stops the work of the Dedicated Miner, bills the services already rendered up to that point, and the Customer pays for it.
If the Agreement is terminated in any cases other than those stipulated by clause 6.10 of the Agreement, the Contractor shall deliver the Dedicated Miner in favor of the Customer, if necessary, ensuring its delivery by the transport company agreed upon with the Customer at the address provided by the Customer. In this case, the Customer undertakes to pay the full cost of sending the Dedicated Miner to the address provided by the Customer, including all taxes, customs duties, intermediaries, customs brokers and transport companies that arise.
Upon termination of the contract, the Customer has the right to refuse to be sent the Dedicated Miner. In this case, the equipment remains in the ownership of the Contractor, or is disposed at the expense of the Contractor.
8. Responsibility of the parties
The Contractor shall not be liable for any taxes, fees and charges that the Customer may incur in the process of receiving the Services under this Agreement in accordance with the legislation of the Russian Federation or the legislation of the country in which the Customer receives the services.
The Customer has no right to transfer the rights or obligations acquired under this Agreement neither in full, nor in any particular part, without preliminary agreement with the Contractor and its written consent.
The Contractor, its representatives, employees, Agents and related persons shall in no event be liable either to the Customer or to third parties for possible damage incurred by the Customer, including direct, indirect damage, possible penalties from any power institutions or third parties persons, as well as for the lost profit of the Customer, as a result of receiving or not receiving the Services under this Agreement.
The Customer is aware and agrees to bear all risks associated with the use of the Services under this agreement. To the maximum extent permitted by applicable law, the Contractor waives all warranties, express or implied, including, but not limited to, warranties of the suitability of the services provided for the specific purposes of the Customer, gaining practical benefit or achieving certain objectives.
The Contractor does not guarantee that the services will be performed without interruptions or without errors or that the services will comply with the Customer’s expectations, specifications or declared parameters. The Customer understands that the Contractor is not responsible for the transmission of data via any communication channels, including the Internet, and that data transmission can be carried out with delays, interruptions or errors.
All disputes concerning this Agreement shall first be settled through negotiations between the Parties.
If the settlement of the disputed issues by negotiation took place, but the Parties did not reach an agreement on all disputable issues, issues not resolved through negotiations can be challenged by the Parties in a judicial procedure, in accordance with the general rules of jurisdiction in arbitration procedural and civil procedural law.
The Parties agree that all disputes arising from this Agreement shall be subject to review by the Arbitration Court of St. Petersburg.
If third parties file a lawsuit against the Contractor, in connection with the relations arising from this contract, the Customer is obliged, at the request of the Contractor, to compensate the Contractor for losses (including expenses for legal assistance and representation in court) caused to the Contractor in connection with this claim.
9. Agreement on the processing of personal data
The customer (an individual or an individual entrepreneur) agrees to the collection, processing and storage of his personal data by the Contractor.
List of personal data: surname, name, registration address, residential address, year and date of birth, home telephone number, mobile phone, e-mail address, series and number of the main identity document, information on the date of issue of the document and the body that issued it.
The operator of personal data processing is the Contractor.
The consent of the Customer to the processing of his personal data is valid during the validity of this Agreement, and also within 3 (three) years after the termination of its operation.
The contractor collects, stores and processes personal data using automated means: software and electronic databases.
The purpose of collecting, processing and storing personal data is the execution of this Agreement, the subject of which is the Customer, as well as the interaction within the framework of this Agreement between the Contractor and the Customer, as well as between the Contractor and third parties.
The Customer gives his consent to the cross-border transfer of his personal data for the purpose of implementing this Agreement, the interaction of the Contractor and the Customer, as well as the interaction of the Contractor and third parties.
The Customer gives his consent to the adoption of decisions by the Contractor concerning him having legal consequences on the basis of the processing of his personal data.
In accordance with Article 17 of the Federal Law of the Russian Federation “On Personal Data”, the Customer has the right to appeal against the actions or inaction of the Contractor, in case of violation of the rules for processing his personal data, to the authorized body for protection of the rights of subjects of personal data or in court.
10. Additional conditions
If one of the provisions of this Agreement is found to be invalid or unjustified, this provision shall be corrected to the minimum extent necessary so that it does not conflict with the law and is valid, nor does it significantly change the rights and obligations of the parties. If this is not possible, then this provision must be withdrawn from the Agreement, with the remaining provisions of the Treaty remaining in force.
11. The requisites of the Contractor
Limited Liability Company “Cybirian Main Rus”
Address: Russia, 191024, St. Petersburg, Nevsky Prospekt, 137A, p. 22Н, office 21В
OGRN 1187847127390 INN: 7842152328 KPP: 784201001
Settlement account 40702810010000341645 in JSC “Tinkoff Bank”
BIC 044525974 Corr. account 30101810145250000974
12. Payment details of the Agent
Cyberian Mine GmbH
℅ Factory Rheinsberger Str. 76/77 10115 Berlin
IBAN (Account): DE75 1204 0000 0076 6782 00
BIC (SEPA / SWIFT): COBADEFFXXX