Terms And Conditions
Public Offer Agreement
Terms And Conditions
Public Offer Agreement
Updated 14.04.2021 – Came into force on 01.05.2021
Updated 15.12.2021 – Came into force on 01.01.2022
Updated 10.07.2023 – Came into force on 01.08.2023
Updated 15.03.2024 – Сomes into force on 01.04.2024
Short Version
explanatory, not legally binding
  • MinerDevice
  • Miner is an abstract object representing the service of allocation of HR, granting the user’s right to receive mining power – Hash Rate (HR) from a real hardware Device with a specific Serial Number. The Device is legally owned, hosted, and maintained by Cyberian Mine
  • CM makes sure that behind each Miner there is a Device or a hard fixed reserve for Preorders.
  • All miners on the platform are covered with Lifetime Warranty and Automatic Failover.
  • Lifetime Warranty means that CM pays for all repairs, maintenance, spare parts and consumables for all hosted miners unless the miner is beyond repair. Repairs are done as soon as malfunction is detected with no undue delay.
  • Automatic Failover means that if a Device fails, underperforms, or is switched off for any reason, the Miner continues to provide HR. Lack or excess of HR is distributed across all the Users’ miners proportionally to Users' nominal HR.
  • HR statistics is published daily for reference purposes at bit.ly/CMDHR
  • Users may not claim / ship away the Devices.
  • Users can always sell Miner at the internal Marketplace with 1% commission. Lifetime Warranty and Automatic Hot Swap comes along with the Miner and transferred to the Buyer.
  • Users can always sell Miner using Instant sell is the option to sell miners instantly back to Cyberian Mine for a humble compensation.
  • Mined coins are sent by the mining pool directly to the customer’s Bitcoin wallet. CM doesn’t interfere with the payout process, only setting the payout wallets and minimum payout threshold on the pool according to the user’s profile.
  • Payments & Balances: Services are prepaid. You can withdraw unused balances anytime. Negative balances for 30+ days will lead to the sale of your Miners, starting with the least efficient, to cover debts.
  • To start mining, a user buys a Miner and receives it’s HR for as long as the Hosting Fee is paid. There are no time limits on duration of contract.
  • Hosting Fee for is deducted from the Balance daily. Users pay only for what was actually delivered to the pool (Effective HR) and not more than Nominal Hosting Fee.
  • A user can switch off a Miner any time.
  • If a Miner is switched off, it's charged for storage fee.
  • If the balance is negative, miners are switched off automatically.
  • If the balance is negative for 30 consecutive days, we sell miners using Instant Sell option starting from least efficient to cover debt.

Full version:
Public Offer Agreement for Cryptocurrency Mining Services

Cyberian Mine GmbH (Germany), henceforth referred to as the "Agent," represented by Maxim Matrenitski, Managing Director, on behalf of Cyberian Mine Rus LLC (Russia), henceforth referred to as the "Contractor," hereby extends this offer to provide cryptocurrency mining services under the terms and conditions set forth in this Public Offer Agreement (the "Agreement").

Acceptance
Acceptance of this Agreement is completed through the use of the Contractor's services, signifying agreement with the current terms. The most current version of the Agreement is available on the Contractor's website.

Service Provision
The Contractor provides Hash Rate (HR) allocation services from physical mining devices (Devices) owned and operated by the Contractor. This Agreement outlines the terms for accessing and using these services.

Definitions
  • Miner: An abstract object representing the allocated service of HR from a Device.
  • Device: Physical hardware providing HR for cryptocurrency mining.
  • Hosting Fee: Recurring charge for HR provided, calculated based on actual delivery.
  • Offline Miner Storage Fee: Fee charged for miners not actively mining, irrespective of the reason.
  • Instant Sell Option: Allows for the immediate sale of miners back to the Contractor to settle debts or adjust the customer's mining portfolio.
Customer Obligations
Customers are responsible for maintaining accurate account information, safeguarding their login credentials, and managing their account balance to prevent it from remaining negative for over 30 days.

Fees and Payments
  • Prepayment is required for all services. The Customer's balance is used for purchasing miners or covering hosting services.
  • Offline Miner Storage Fee applies to all miners not actively mining, with specifics outlined in the pricing section of the Contractor's platform.
  • Negative Balance Policy: Should a Customer's account balance remain negative for 30 consecutive days, the Contractor will initiate the sale of the customer's miners through the Instant Sell option, starting with the least efficient, to recover the owed amount.
Term and Termination
This Agreement is valid for one year from the date of acceptance and will automatically renew unless terminated by either party under the specified conditions.

Legal Considerations
Data Protection
The Contractor commits to protecting Customer personal data in compliance with applicable laws. The Customer consents to the collection, processing, and storage of personal data as necessary for the provision of services under this Agreement.
Dispute Resolution
Disputes arising under this Agreement will first be attempted to be resolved through negotiation. Unresolved disputes will be subject to arbitration or legal proceedings under the jurisdiction agreed upon by both parties.
Final Provisions
This Agreement is subject to changes and updates, which will be communicated to Customers with a 14-day notice. The Contractor's and Agent's contact details, along with specific banking and payment information, are provided for reference.

Details Of The Contractor And The Agent

Contractor: Limited Liability Company “Cyberian Mine Rus”
Address: Russia, 197343, St. Petersburg, Lanskoye Shosse, 45A, k. 63
Reg No: 1187847127390 Tax-ID: 7842152328
Account: 40702810010000341645 in JSC “Tinkoff Bank” BIC 044525974
Representation through the Managing Director Maksim Matrenitckii

Agent: Cyberian Mine GmbH
Reg No: HRB 194292 B Amtsgericht Charlottenburg (Berlin)
Rheinsberger Str. 76 10115 Berlin
IBAN (Account): DE75 1204 0000 0076 6782 00
BIC (SEPA / SWIFT): COBADEFFXXX

Appendix 1

Pricing

  • Daily Hosting Fee = Power (kW) x 24 (Hours) x Price (€/kWh) x (Delivered HR / Nominal HR)
  • Power = Power of the Miner in kW, as per tech specs on the platform
  • Price = Price per kWh from the table below
  • Effective Hash Rate = Actually delivered HR to the customer’s pool account
  • Nominal Hash Rate = HR of the Miner, as per tech specs on the platform
  • Price: 0.059€/kWh applies for all miners on the platform.

Other Fees And Commissions


Deposits

Bitcoin and other cryptocurrencies: 0%

Bank transfer (SEPA/SWIFT): 0%

Credit Card (VISA, MasterCard, GooglePay, ApplePay): 2.5%


Withdrawals

SEPA: 0%

SWIFT: 30€ + 0.5%


Marketplace

Selling a Miner at the Marketplace: 1%

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