ViaBTC Cloud Mining Contract Service Agreement
The ViaBTC Cloud Mining Contract Service ("Contract") is a contract product launched by ViaBTC Technology Limited ("We") on the ViaBTC platform. When using the Contract service, you should carefully read and abide by this agreement, fully understand the content of each clause, especially in the terms marked in caps, and comply with the relevant contract rules of the ViaBTC service agreement and the ViaBTC platform announcement. We reserve the right to unilaterally modify, change or delete the aforementioned terms without notice to you. By registering or using any of the services under this Agreement, you are deemed to have read and agreed to be bound by this Agreement and related modifications.
1. The ViaBTC Cloud Mining Contract Service is intended to benchmark mining machines' profits with a specific computing power for a specific period of time. The mining machines will mine in the ViaBTC mining pool; the computing power is a standard computing power, which has nothing to do with the actual operation of the mining machine. Your purchase of Contract means you have the right to receive the profits according to the contract, and does not mean that you have any rights to any mining machines.
2. You need to pay contract fee and management fee for your purchase of Contract. The contract fee is paid when you place an order, and the management fee is charged when the profits are paid. contract fee and management fee are priced in US dollars and paid in digital currency, the exchange rate is depending on the US dollar/selected digital currency at the time of purchase.
3. Contract fee is intended to benchmark the fee of computing power, which will be dynamically adjusted according to the current price of the digital currency market, market demand and mining difficulty, etc. Management fee is intended to benchmark the costs arising from the Contract, including but not limited to electricity, mining farm maintenance, operation and maintenance of mining machines and management costs. We reserve the right to adjust the management fee, but the management fee charged before the adjustment will not be affected.
4. Your order is a request to ViaBTC for the Contract service. Submission of your order does not mean that your order has been accepted. We reserve the right to refuse to accept your orders. If your order is accepted, a binding agreement ("ViaBTC Cloud Mining Contract Service Agreement") is taking effect among ViaBTC, you and we for the Contract service agreed upon in the order. Prior to this, the order is considered pending, and we reserve the right to refuse to accept the order and refuse to accept payment from you.
5. After you place an order online and pay successfully, the order cannot be revoked. Contract service does not support any requests to cancel orders and refunds. Please read and confirm this agreement carefully before placing your order.
6. Subject to the laws and regulations, unless otherwise expressly agreed in writing, all purchased Contracts are final and non-refundable. We reserves the right to decide refund or not in our sole discretion. If we decide to refund any individual contract, it does not mean we acknowledge and is obliged to agree the same or similar refund in the future. This refund policy herein does not affect any legal rights that may apply.
1. After you place an order and pay successfully, the purchased Contract will take effect in the next hour (“Effective Time”), and then calculate the profits of the computing power.
2. We calculate the daily mining profits based on the theoretical revenue per unit of standard computing power and the amount of computing power purchased by you. The daily management fee is deducted from the actual mining profits. Please note: estimated profits are calculated from the actual operation of the digital currency network and will be dynamically changed, thus for reference only.
3. If the mining profits of the day are not enough to deduct the management fee of the day, the actual mining profits on the day will be 0, and no profit will be paid on that day.
4. The profits generated by the Contract are paid in the form of a digital currency. The actual amount of deducted management fee depends on the exchange rate of the US dollar/ selected the digital currency.
5. Daily mining profit will be paid out at 00:00 (UTC) the next day; the profits on the day of purchase will be calculated based on the actual mining time from the Effective Time to 00:00 (UTC) the next day. The profits are paid daily to your wallet at mining pool, and unless otherwise stated, you can withdraw the profits paid to the wallet at any time.
Before purchasing this service, you should carefully read this agreement to understand the potential risks and make independent investment judgments. ViaBTC and we shall not be liable for any damages caused by any of the following risk factors, including but not limited to:
1. Policy and legal risks: As the current policy and legal supervision of digital currency are not mature, their value may not be protected by law/regulation, and relevant behavior may be terminated as a violation of laws or policies.
2. Digital currency risk: The value of any number of any digital currency may lose some or all of its value at any time; for all losses due to the reduced (or even zero) value of the digital currency shall be born by you, ViaBTC or we do not assume any responsibility.
3. System maintenance risk: ViaBTC will perform system shutdown maintenance or upgrade from time to time. The Contract services provided are not guaranteed continuous and uninterrupted.
4. Market risk: Due to the change of the mining difficulty and/or other mining parameters/attributes, and the market price fluctuation of digital currency (the exchange rate of fiat currency/digital currency) will lead to a decrease in the profits of Contracts. Regardless from the perspective of digital currency or fiat currency, your investment breakeven is not guaranteed. You need to carefully assess your risk tolerance and invest within your acceptable risk limits. ViaBTC or we do not assume any liability or compensation for investment losses due to market risk.
5. Force majeure and accident risks: Force majeure events such as natural disasters, digital currency market crisis, war, or changes in national policies and other events that cannot be foreseen, avoided or overcome, or viruses, Trojans, malicious programs, network congestion, system instability, system or equipment failure, communication failure, power failure, data transmission failure, data anomalies, market transaction cessation, third-party service problems or government actions, etc., may lead to the termination of this agreement, the reduction of your investment profits and even the loss of principal. ViaBTC or we do not assume any responsibility to the force majeure and accident risks.
6. Loss caused by your own reasons or improper operation: such as the failure of hardware and software of your computer or mobile phone, communication lines, and power supply lines, your improper operation or using our services without our authorization or approval. ViaBTC or we do not take any responsibility to these losses.
7. ViaBTC or we reserve the right to modify any information related to the services provided by ViaBTC at any time through official page announcements, station letters, emails, customer service calls, SMS messages or regular mailings. ViaBTC or we are not legally responsible for any information not obtained through the regular channels of ViaBTC.
Limitation of Liability
1. VIABTC AND WE DO NOT MAKE ANY GUARANTEES FROM THE LEGAL PROVISIONS, TRADING PROCESS, PERFORMANCE, TRADING HABITS OR OTHER ASPECTS OF THE CONTRACT, INCLUDING NOT MAKING ANY GUARANTEE OF (A) OWNERSHIP; (B) ACTUAL OPERATION OF THE MINING MACHINE; (C) ACTUAL EXPENDITURE OF CONTRACT FEES OR MANAGEMENT FEES; (D) CONTRACT SERVICES OR INFORMATION TO MEET YOUR REQUIREMENTS; (E) ANY GUIDANCE, FORECAST, COMMITMENT OR GUARANTEE OF THE PRICE OF THE DIGITAL CURRENCY; (F) ANY INFORMATION OR SERVICES PROVIDED BY YOU OR THIRD PARTIES, AND DO NOT ASSUME ANY LEGAL RESPONSIBILITY REGARDING THESE; YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON ANY REPRESENTATIONS OR WARRANTIES EXPRESSED BY US OR VIABTC OR ANY OTHER PERSON, THAT YOU ASSUME ALL RISKS AND LIABILITIES FOR THE RESULTS OBTAINED FROM THE CONTRACT SERVICES.
2. YOU SHALL DEFEND, COMPENSATE, AND MAKE VIABTC AND US HARMLESS FROM ANY CLAIMS (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, IMPROPER USE OF CONTRACT, OR VIOLATION OF ANY LAW OR INFRINGEMENT OF ANY THIRD PARTY RIGHTS.
1. The title or term name of this Agreement is used only as a name and is not binding on either party.
2. If ViaBTC or we fail to exercise or delay the exercise of any right under this Agreement shall not be construed as a waiver of any right.
3. This Agreement is available in Chinese and English. If there is any conflict, the Chinese version shall prevail. The final interpretation right of this Agreement belongs to ViaBTC.