General Terms and Conditions
1. Definition
The terms of use in matter define specific terms as follows:
1.1 “Business Day” Monday to Friday, excluding bank and public holidays;
1.2 “Fee” any fee payable by the Customer;
1.3 “Payment gateway service” is electronically (including magnetically) stored monetary value, represented by a claim on the issuer, which is issued on receipt of funds for the purpose of making payment transactions, and which is accepted by a person other than the electronic money issuer;
1.4 “Payment Services” means all payment and Payment gateway service and any related services available to the Customer where applicable through the use of the Account;
1.5 “CUSTOMER DUE DILIGENCE(CDD)” means to investigate into the Customer’s previous and current situation to carry on the business via all kinds of legal method;
1.6 “Username and Password” login details selected by the Customer to access their Payment Services online;
1.7 “User, account holder” who receives the service of payment service as an individual or corporate;
1.8 “the third Party” means individual or corporate creating the business relation with us or Andex, it is not user/account holder;
1.9 “Andex” is the payment gateway service provider;
1.10 “We” Thunder Pay, it supports Payment gateway service business;
1.11 “You” the individual/corporate who has been provided with a Payment gateway service by Andex and obtain the customer service from Thunder Pay in accordance with these Terms and Conditions;
1.12 “Money Service Provider”, who provides the money service depending financial license;
1.13 “Cryptocurrency” means a digital asset designed to work as a medium of exchange that uses cryptography to secure its transactions, to control the creation of additional units, and to verify the transfer of assets;
1.14 “Cryptocurrency exchange” means Thunder Pay provides an access that allows user to access the Site to realize freely trade between virtual or fiat currencies.
2. About Andex and Thunder Pay
Andex is incorporated in Georgia, has right to provide payment gateway service.
Thunder Pay is incorporated in Hong Kong
3. Your Agreement with Andex, Thunder Pay and Money Service Provider:
3.1. The Money Service is provided by Money Service Provider, is authorised and regulated as a financial service provider. Andex only provides you with the payment gateway service, shall not responsibility for the losses and damages from support service and money service.
3.2. Thunder Pay provides you with the Support service of Payment service, and Thunder Pay guarantee that it is a legal entity to conduct legal activities.
4. Your Account with us
4.1. These terms and conditions administer the relationship between you and us for the providing of the Payment Gateway Services by Andex to you. This Agreement also contains important notices and information that may affect your rights and your ability to manage your money. By activating your account, you shall be deemed to have accepted and fully understood the terms and conditions set out in this agreement and you agree to comply with these by your use of Payment gateway service and or by indicating your acceptance.
4.2. When you receive your account, you will need to activate it. The account will normally be ready for use immediately after verified email address to complete the activation. If you don’t activate your account, then any transactions that you attempt to carry out may be declined.
4.3. As the account holder you are responsible for the use of the account and for any applicable fees or charges that you may incur. The use of account by you will be regarded as confirmation to us that you have communicated these terms and conditions of account to them and that you accepted them to carry out transaction.
5. Account Structure
5.1. Payment gateway service consists of products and services of the following:
• Card account,
• Money transfer,
• Currency exchange,
• Cryptocurrency exchange,
• Other money services.
5.2. Payment gateway service is provided as an integrated service including those above. These account services are provided to individuals or corporations. We offer only one account per client.
5.3. All account holders are required to abide by this Terms and Conditions for each product and service.
5.4. We have the authority to reject account opening without stating any reason to the User. Moreover, we have the authority to restrict or suspend a User´s transactions at its own discretion under applicable laws or the policy of financial institution.
6. Card account
You can deposit money into the prepaid card designated by ANDEX on the payment gateway. You shall ensure your account has enough balance to conduct linkage between your account and card account. You agree that you shall provide any KYC materials under the requirements of Card scheme, Card Issuer, Card Authority and bank within designated period, you shall take all responsibilities for losses and damages caused from incomplete materials, including but not limited to close card account, suspend or terminate linkage between your account and card account.
Your Card account may be terminated due to the Card business policy changed by Card Scheme, Card Issuer and Card Authority under applicable laws and regulations, in such case we will try our best to notify you in advance, and provide you the refund depending on the refund policy of Card Issuer. You warrant that Card account shall comply with the applicable laws and shall not conduct any illegal activities; we, at our discretion, have right to terminate your card account due to your illegal activities at any time.
7. Money Transfer
7.1. Internal Transfer
Internal Transfer refers to the money transfer between account users.
You shall transfer fund to the account of platform designated by us, we shall not be responsible for the losses and damages from transferring fund to the undesignated account.
7.2. Transfer to Bank
Transfer to Bank refers to the Money transfer of funds from the payment gateway to bank or financial institutions other than those which Thunder Pay is affiliated with.
You shall remit fund to your bank account or connectivity card account.
In case of you cannot remit fund to the beneficiary account due to the incorrect or incomplete remittance information within 3 Months which is from the date of remitting into the designated account, we will refund this fund to the remittance account and you shall bear the transaction cost.
We reserve the right to cancel the Money transfer without notifying Users in advance due to the remittance countries, remittance purpose, the beneficiary’s identity and anything else related to the Money transfer deemed as high risk in accordance to the guidelines of AML and Counter-Terrorism statutes issued by FATF and the regulations of other financial institutions establishing partnership with us.
8. Currency exchange
8.1 If you comply with these Terms, we grant you the limited right to access the Site of providing service related to Fiat exchange and Cryptocurrency exchange. The right to access the Site is a non-exclusive, non-transferable, revocable, limited license, and it is subject to the limitations and obligations. Nothing in these Terms gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site or any of the Services.
8.2 We provide the relative value of a currency unit against the unit of another currency on the Site under the foreign exchange market. If you disagree with the exchange rate provided by the rate provider, you can terminate the exchange; when you complete the exchange, that means you have agreed the exchange rate, you shall not request to cancel the completed exchange.
8.3 You agree that the exchange rate may be changed under marketing development, authority policy and applicable laws, so any exchange transaction shall be done with your intention, you shall be responsible for any losses and damages from the exchange and all gains and losses sustained from your use of the Site.
9. Cryptocurrency exchange
9.1 The Site is a trading environment for cryptocurrency exchange between cryptocurrencies and fiat money against cryptocurrency. The Site permits both unfinanced and financed transactions. Unfinanced purchases are fully funded by trading participants through funds deposited by you. Whether in an unfinanced transaction or a financed transaction, are settled by actual delivery of the full amount by the seller to the purchaser’s account against payment in full by the purchaser to the seller’s account.
9.2 You are solely responsible and liable for any and all trading and non-trading activity on the Site and for your account on the Site; and, for knowing the true status of any position or contract with any other party on the Site. You acknowledge and agree to: be fully responsible and liable for your trading and non-trading actions and inactions on the Site and all gains and losses sustained from your use of the Site and any of the Services; to be responsible for any negative balance in your account(s) on the Site; to be fully responsible and liable for all of your obligations with respect to any financing activities on the Site; and, to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to, private keys, usernames, passwords, and bank account details.
9.3 You may access the Site to inquire about the exchange rate which is real-time exchange rate provided by provider; the settlement will be executed depending the exchange policy of provider.
9.4 You acknowledge and agree that:
a) Once exchange settlement is completed, the transaction cannot be canceled;
b) The final exchange amount shall be notified to your registered email when completing exchange;
c) The currency/cryptocurrency exchange cost is floated, it may be adjusted by the Money service provider according to the marketing policy;
d) The settlement currency and settlement period shall be provided by Money service provider under its exchange policy;
e) We only provides the cryptocurrency exchange gateway to you, you shall be responsible for all losses and damages from currency/cryptocurrency exchange service.
9.5 You agree that limits to the exchange amounts processed through the Site will be determined by the bank, applicable laws and authority policy.
10. KYC / Know Your Customer requirements
10.1 For individual Customer, Customer must be at least 18 years old, or such higher age required by applicable law, to register for an account; for corporate Customer, Customer must be a solely and legal entity to operate its business which shall not involve in adult services and contents, gambling, pharmaceutical, illegal groups, anti-social group and other illegal activities under applicable law. We reserve the authority to reject the opening of an account or to close it at our own discretion under applicable laws.
10.2 In order to be the account holder, we may require evidence of who you say you are and of your current address. You must assist us to comply with our regulatory requirements, applicable to KYC and anti-money laundering requirements on our business. Our regulatory requirements require us to keep records of provided information and documents by you which you also agree to.
10.3 The account open will indicate to us that you consent to the checks described in this agreement being undertaken.
10.4 We also have the authority to request additional identification documents from you when cash as well as non-cash settlements if the amount of the transaction or the series of transactions exceeds USD 10,000 (or its equivalent in other currency), domestic and/or cross-border operations amount exceeds USD 500 (or its equivalent in other currency), the transaction is suspicious regardless its amount, or you are confirmed to a special identity by authority or us.
10.5 We may request additional identification documents for confirmation purposes in the account opening stage, after opening stage or closing stage. We will contact you through your registered Email address or phone number. If such required documents submit to us remain incomplete within 30 business days after the establishment of business relations, we could suspend business relations with you and refrain from carrying out further transactions; and we could terminate business relations with you if such required documents are not completely submit to us within 120 business days after the establishment of business relations.
10.6 Your Personal data which includes account info, KYC documents, KYB documents and other personal Data can be viewed and updated through the payment gateway, which are protected by a password. You agree that under the applicable money laundering legislation and applicable laws, your Personal data cannot be deleted and transmitted, it will be stored in payment gateway’s servers during the agreement period and after the end of the relationship.
10.7 We will take appropriate security measures to protect Personal Data. We will ensure that Personal Data is adequately protected against unauthorized or accidental access, processing, erasure, or use by other people without authority. The payment gateway adopts industrial standard encryption SSL technology and a cutting-edge firewall platform to effectively prevent unauthorized access and fully safeguard your information from data theft. We use reliable servers that meet the security standards to store your Personal Data. Fully aware of the importance of Personal data, only especially authorized staff within our permission have access to your personal data.
11. Dormant Account
If you don’t make a transaction for 12 months, your account will be operated as dormant account. An Account Management Fee $5 per month shall be incurred and will be directly deducted from your account monthly. “Transaction” includes Money-in Solution, Internal transfer, Transfer to Bank, Cryptocurrency Payout, Currency exchange, Card transactions and other transactions by way of the payment gateway. Only log-in into the payment gateway will not count as a transaction. Dormant account cannot make a transaction except for Money-in Solution. You can re-active your account by contacting Customer Support.
12. Fees and Charges
12.1 We are in charge of fee renewal, revision and have the authority to withdraw fees from any currency account at any time, and you shall pay attention to the renewal or revision of fee from time to time. Any renewal or revision of fee schedule will be updated on our official website. In case you do not cancel the account in designated period when we issue the renewal or revision of fee schedule on official website, we will assume that you agreed to the revised or renewed fees.
12.2 In case of terminating the platform, you need to access the platform for handling fund in your account from the 5th to the 15th of next month of suspending platform. If you cannot transfer out your funds from the account within the said period; Andex will manage the remaining balance in your account after terminating the platform and the account management fee will be deducted from your balance. Management fee includes but is not limited to the management fee, transaction fee and other expense.
13. Support Service
The support service of transactions will be executed on our business days by Thunder Pay via email. Any requirement of support service submitted apart from business hours will be reflected to us on the next business day.
We do not have the liability regarding the loss or damage caused by system failure, repair or maintenance without prior notice, regardless as mentioned in the above.
14. Refund
14.1 We have the right to make decisions whether the current case should be refunded when the total amount of refund exceeds the amount of refund requested by Money service Provider under the policy of authority and/or acquire bank/financial institution. We shall accept no liability to you for the costs and responsibilities incurred by a dispute caused when there are disputes between a User requesting a refund and Money Service Provider.
14.2 In case of you provide the incorrect information to cause trading failure, we will refund such fund within 90 days by the time this failure notification reaches to us and you shall bear the transaction cost.
15. Retention of Records Regarding Your Identity and Transactions
All documents and records regarding your identity and transactions should be kept throughout the business relationship with you and for a period of six years after the end of such business relationship.
16. Termination or Suspension
16.1 If you wish to cancel the Payment Services at any time, you must request cancellation online by informing us of your wish to cancel and to claim a refund of your unused funds by emailing us. You must e-mail us from the e-mail address you provided when registering your Account. Our Customer Services department will then suspend all further use of your Payment Services.
16.2 You may be asked to provide KYC identity documents to enable us to complete the closure and process a refund for any unspent funds for you.
16.3 Once we have received all the necessary information from you (including KYC) and all transactions and applicable fees and charges have been processed, we will refund to the Customer any available balance less any fees and charges payable to us, provided that:
a). you have not acted fraudulently or with gross negligence or in such a way as to give rise to reasonable suspicion of fraud or gross negligence; and
b). we are not required to withhold your Available Balance by law or regulation, or at the request of the police, a court or any regulatory authority.
16.4 If you gain profits produced from platform error, system bug, illegal operation or Man-made faults, you shall return the unjustified enrichment at any time under our request. We have the right to cancel any improper transaction and adjust the balance to the previous amount. You agree that we have right to deduct the unjustified enrichment from your balance if you cannot conduct the return depending on our request; if your balance is not enough to deduct, we have the right to suspend the implementation of your all transactions on the payment gateway until the unjustified enrichment and other possible fee are fully returned.
16.5 We have the sole right to terminate or suspend your account without prior notification to the following:
a). If we find a non-existent account holder or if an account was opened without the account holder will;
b). If there is false information on opening an account, or if the information is suspicious;
c). In case a third party was technically using your account, or regardless the purpose, a third party indicates other person's e-mail address or information to open an account;
d). If we are unable to verify your identity or any other information pertaining to you, your account or transaction;
e). If you violated a law, or public order and morality, or is under suspicion;
f). If the account holder is no longer of existence;
g). If you breaches the debt collect request from us, and is violating the terms and conditions;
h). If we are required to do so by law, the police, a court or any relevant governmental or regulatory authority;
i). If we consider you should be forced to cancel the account;
j). If you prove to be involved in adult services and contents, gambling, pharmaceutical, illegal groups, anti-social group, money laundering, terrorist financing and other illegal activities under applicable law or has any relationship with them;
k). You were not able to pay specified fees for 6 months.
l). We cannot confirm remittance or other remittance of other transfer methods within 30 days of your login authentication.
m). When you take actions as the followings:
(i) Violent demands
(ii) Irrational demands which is out of bounds of law
(iii) Actions which uses threat or violence
(iv) Actions to destroy our and our publicity or interfering our and our business activity by spreading false information, using fraudulent means or threat.
(v) Actions whatsoever which are equivalent to actions (i) to (iv).
16.6 A User is responsible for fees associated with ANDEX’s termination or suspension in the cases above. ANDEX is not responsible for any loss or damages the user might suffer because of termination or suspension due to violation of the conditions of this section.
16.7 A User’s fund is available for redemption by contacting us after the date on which this Agreement terminates under the cases above. We reserve the right to deduct Management fee and the amount of any Late Redemption Fee from the proceeds of redemption of any such Available Balance.
17. Process of (Registered) Information Changes
17.1 You shall notify us of updates on the registered information when you lose the account Username, Password or if there are changes in the registered information such as name (corporation name), address (office address), phone number, mobile phone number, E-mail address, or any other changes thereafter. You shall provide the documents with regard to information changed to us under the requirement of CDD.
17.2 We may notify or send transaction records to your registered Email address and name based on the application. We shall be entitled to limit your account usage when we receive those notifications or documents back. This solution is also applied when the registered Email address is invalid.
17.3 We have no responsibility for damages which you have caused due to your failure on notifying us in time.
17.4 Delay or refusal of post or Emails to a registered address or Email address may occur due to User conduct or delivery fault. But we shall always assume that post or Emails are delivered within normal time. We does not hold any responsibilities regarding any loss or damages caused by such failure of delivery.
18. Risk warning
18.1 Any trading related to payment gateway service is carried out by you, Thunder Pay and Andex shall not involve in your businesses, You acknowledges and agrees that :
a). Any trading related to money service might be affected by marketing, bank policy, regulatory documents and applicable laws and regulations, including but not limited to the exchange rate difference, price fluctuations, trading limit and territory limit,
b). The cryptocurrency market is undefined, fluctuated largely and supervised scarcely. The trading of cryptocurrency usually involves a significant amount, while is relatively fewer retailed or used by the commercial market. And the exchange rate of cryptocurrency is easy to fluctuate due to Cryptocurrency is an autonomous and mostly unregulated worldwide payment system, operating 24 hours a day, which has an adverse impact on the investment of cryptocurrency..
c). There may be additional risks, which have not been foreseen or identified in this Terms and Conditions. You have to carefully assess whether your financial situation and tolerance for risk is suitable for buying/selling/trading currency/cryptocurrency and conducting other real money trading. You could bear any loss and damage from trading risk whether or not it is mentioned in this Terms and conditions.
d). Thunder Pay and Andex shall not be responsible for any losses and damages from your tradings.
19. Matters Related to Disclaimer
19.1 We will execute your account transactions through affiliation with other banks with care. Transactions executed by your account will be assumed as trades executed by its genuine users, which means we have no liability to any loss or damage caused by illegal activities conducted by the third party, fraudulent users, access abuse or other cases of abuse regardless of any reason. We also has no liability to you regarding irrelevant causes from us such as forced transfer, war, disaster, riot, economic sanction, legal restrictions or orders. The same goes with effects from deliberate or delinquent accidents, defaults, bankruptcy of affiliated financial organizations, or orders from the relevant authorities. We also do not take any responsibility for the loss or damage of failure of service to you when there are unavoidable reasons for inconvenience with communication equipment, lines, server failures, software failures or outages. You are to agree to our transaction value records as correct unless there is evident discrepancy with your record proved by written document of transaction records. We will assume you have agreed to the trading history as correct when there is no notification by you within 14 days from presented trade history date.
19.2 You acknowledge that you must confirm the transfer information before transferring funds to or from the payment gateway. Should the User failed to confirm any transfer information which results in a failed Money Transfer, we shall not take any responsibility for any loss or damages caused from such case.
19.3 We do not deal with changes or cancellation of executed transactions after the execution date.
20. Management of Your Information
20.1 Your Information is to be managed subject to the KYC policy Thunder Pay solely determines.
20.2 You agree that we reserves the right to run all its business activities, including outsourcing management of User information to a third party in accordance with the KYC policy stated above.
20.3 You agree that we will disclose your information when there is any request from UN, court verdict, or legal authority.
Clients are to strictly protect information such as Username, Login Password, and Withdrawal Password. Also, they are not allowed to disclose such information to our certified Official Agents, customer support or any other third party.
20.4 When logging into the payment gateway, we may freeze the User’s account if the User multiple times uses faulty Username or Password. Should this happen, just contact customer support for re-activation.
20.5 Should Users lose their own Username, Login Password or Withdrawal password or those of others, notify us immediately and request us freezing. Then Username, Login Password and Withdrawal Password will be issued again to your registered Email address.
20.6 We identify a User based on their Username and Passwords as registered in the payment gateway. We will assume your account to be accessed by its lawful users if Username and Passwords match the registered information. We have no liability whatsoever to its Users to cover the loss or damages when Username and Passwords are fabricated, forged, stolen, abused or is under any other violation. You are to consent to the identification procedure as stated in this article and protect their login information of your account without presenting it to a third party. You shall contact us immediately if Username and Passwords are in jeopardy.
20.7 We does not have any liability to cover for loss or damages incurred before the completion of these necessary procedures, unless there is deliberate or critical delinquency on the part of us.
21. Money-in Solution
21.1 We reserve right to restrict the territory, settlement currency, Money transfer channel, the lowest amount and the highest amount of settlement under the nature of Money-in Solution, the authority policy, provider's requirement and applicable laws.
21.2 You acknowledge and agree that you shall bear all fees and charges occurred from the solution, including but not limited refund fee, chargeback fee, settlement fee, bank handling charge and transaction fee. If any fee showed on the payment gateway is different from the real charged fee, we reserve the right to audit the fee and correct it according to the audit report under applicable laws and regulations. You agree that the audit report of us is prevail.
21.3 You shall be responsible in ensuring all transaction-related information, such as, account number, reference number, and all other essential information to the Money-in solution is corrected and complete. When depositing money you’re your account, the remittance bank account can only be selected form the bank information verified by us in advance. If the remittance account belongs to the third party, you shall submit the third party’s KYC documents and other relevant documents required by us. We will not take any responsibility for any loss or damage due to incorrect or insufficient information.
21.4 In case of this fund cannot be refunded, it will be transferred into a bank account separated from other bank account. When you provide the correct remittance information, this fund will be refunded into your account by original remittance currency after deducting the transaction fee.
21.5 You shall cautiously keep the certificate of withdrawal and not disclose to other person; in case of you cannot get money due to the lost the certificate of withdrawal, we shall not take any responsibility for that.
21.6 You agree that it shall comply with the terms and conditions of payment processing service demanded by provider under applicable laws and regulations.
22. Trade Limits
We reserve the arbitrary right to stop or limit the payment service for Users depending on rapid market fluctuations or global economic volatility. We have no liability to Users (to cover) for any loss or damages incurred in this such cases.
23. Anti-money Laundering & Anti-Terrorist Financing
23.1 We have the right, at its discretion, to cancel the Remittance without notification to you when there is a remittance request under which money will be remitted to high risk countries or regions according to guidelines issued by FATF.
23.2 In accordance with relevant guideline on AML/CFT issued by FATF, we will disclose its information if requested by the authorities with intention to anti-money laundering and anti- terrorist financing measures.
We will conduct its business in conformity with the highest ethical standards in the countries in which it does business, and will adhere to all laws and regulations pertaining to financial organizations. It is vital for all our customers, agents and employees and associates to fully understand those actions that may violate applicable AML or counter-terrorism statutes.
23.3 We have the right to request evidentiary transaction document support or investigation support from you regarding international transfer. If there is no submission support, we have the right to refuse or limit your transactions. We have no obligation whatsoever to compensate or owe responsibility to you. We may suspend trades or cancel account with its own discretion in accordance with demand from authorities concerning halting money laundering, terrorist financing, all types of warranted individual, funding incorporates and such. We do not have the responsibility to compensate for these losses.
23.4 Moreover, you are responsible for indemnifying any damages or loss thereof for us.
24. Property Inheritance
24.1 In the event of the inexistence of individual account holder, including but not limited to death or disappearance, the funds of the account shall be transferred to the account of an inheritor who must provide legal documents to prove the demise of the account holder and the inheritor´s relationship to the account holder.
24.2 We may at its own discretion freeze an account till account holder has received proof of the account holder´s demise and of the inheritor´s relationship to the account holder. When we receive those documentations, we shall transfer the remaining funds on the platform to an account appointed by the inheritor and close the original account.
24.3 In the event of inexistence of the authorized representative of corporation account holder, the corporation shall provide us with a warrant of attorney for a new authorized representative. We will then register this, and transfer authorization of account to this new representative.
24.4 We will only conduct a formal checking of the legal documents provided by an inheritor or a relevant third party and shall not have responsibility of any virtual checking; so We shall not be responsible for loss or damages caused by false information provided by inheritor or the relevant third party.
24.5 We have the right to charge property inheritance.
25. Changes to the Terms and Conditions:
We may update or amend these terms and conditions. Notice of any changes will be given on the website or by notification by e-mail or by means of mobile device at least 2 months in advance. By continuing to use the Payment Services after the expiry of the 2 months notice period, you acknowledge that you indicate your acceptance to be bound by the updated or amended terms and conditions. If you do not wish to be bound by them, you should stop using the Payment Services immediately in accordance with our cancellation policy.
26. Dispute Resolution
Any and all disputes arriving under this terms and conditions shall be resolved by Georgia laws. All disputes hereunder shall be governed by the laws of Georgia. All parties of this terms and conditions consent to jurisdiction in Georgia.
27. Language
This terms and conditions is executed in English language. In case there is any conflict between English version and other language version, the English version shall prevail. This terms and conditions shall be interpreted in accordance with the plain English meaning of its terms.
The Terms and Conditions of Merchant Service
1. Definition and Explanation
1.1 “Merchant Service” refers to we provide you with the Money in solution service through platform.
1.2 “Money in” refers to remit money into the account of platform owner by you.
1.3 “Platform number” refers to the account number of platform owned by platform user.
1.4 “Provider” refers to the corporate or individual who provides bank and/or merchant payment services.
2. Exchange Currency
Should there be any discrepancy between the exchange rate issued on the Platform and the exchange rate of actual operation, we will money-in the incoming fund to your account in accordance with exchange rates issued by relevant financial institutions certificated by legal authority.
3. The amount of Merchant service
We have authority to restrict amount of each settlement for Merchant Service, the lowest amount and the highest amount of shall be provided under the nature of merchant service. And we reserve right to restrict settlement currency and amount due to the authority policy, provider’s requirement and other objective reason; in such case, we will notify you in advance 30 days.
4. Cryptocurrency solution
4.1. If Client as account holder and provide all identification materials requested by Money service provider, it can apply for the Cryptocurrency solution on Platform.
4.2. Client acknowledges and agrees that
a). The amount of the final exchange shall be showed on the exchange platform.
b). The Exchange cost is floated, it may be adjusted by Money service provider according to the marketing policy.
c). Once exchange settlement is completed, the transaction cannot be canceled.
Andex only provides the Cryptocurrency exchange gateway to Client, Money service Provider shall be responsible for all losses and damages from Cryptocurrency exchange service.
5. Fee and Charge
You acknowledge and agree that it shall bear all fees and charges occurred from the merchant service, including but not limited settlement fee, bank handling charge and transaction fee. If any fee showed on the platform system is different from the real charged fee, we reserve the right to audit the fee and correct it under applicable laws and regulations. You agree that the audit report of us is prevail.
In case of terminating the platform, there will be a period for you to handle fund in your account. If you cannot transfer out your funds from the account within the specified period; Andex will manage the remaining balance and you will undertake the management fee.
6. Money transfer information
You shall make sure the platform number you entered is the one for money in, we shall not take any responsibility for the losses and damages from incorrect platform number.
7. Disclaimer
7.1 The merchant service fee shall be described in the merchant service list, the fee may be changed due to bank policy, applicable laws and supplier’s policy, we have right to adjust such fee.
7.2 In case the force majeure causes the service delay and failure, we shall not be responsible for any losses and damages due to such case.
7.3 You shall use the merchant service to conduct legal, reasonable and accepted settlement, in case of you misuse this service, and we shall not be responsible for any losses and damages due to such misuse.
7.4 In case of delaying the money transfer due to your own reasons, you shall take all responsibilities for such losses and damages.
7.5 You agree that it shall comply with the terms and conditions of merchant service demanded by provider under applicable laws and regulations.
8. Prohibit behaviors
You undertake that it shall not conduct the following act. In the event that Thunder Pay, at its discretion, determine your act is the prohibit behavior under applicable laws and regulations, we reserve right to freeze account, terminate account, lock capital and other dispose method. The detail for prohibit behaviors are as follow:
a) Violate and damage privacy, reputation, credit, properties of us.
b) Your behavior directly or indirectly interferes and obstructs business operation and the development of us.
c) Obstruct or damage the regular operation of Merchant service.
d) The act causes the disadvantage to us.
e) Provide the Merchant service for third Party without our written permission in advance.
f) The act violates applicable law and regulation.
g) Other prohibited behavior under applicable laws and conditions.