These terms and conditions (the Terms) govern your access to and the use of www.payaccept.net and/or the application PayAccept (PayAccept) and the related products and services (the Services). Please read these Terms carefully, and contact us if you have any questions. By accessing or using PayAccept, you agree to have read, understood and that you shall be bound by these Terms. Changes in these Terms, fee structure and/or any order limits will be notified by us via PayAccept or by email. You agree to any of these changes by continuing to use PayAccept and our Services.
1.1 PayAccept is a cryptocurrency trading platform with a strong focus on user-friendliness, social trading
features and a knowledge sharing community. It enables users to easily buy, sell and store cryptocurrencies
with fiat currencies.
1.2 PayAccept is operated by PayAccept B.V., a private limited liability company registered with the trade
register of the Dutch Chambers of Commerce under registration number 70541752 with its offices located at
High Tech Campus 10 (5656 AE) in Eindhoven (we, us).
Phone: +31853030600 (Mon-Fri: 09:00 - 18:00 CEST)
[email protected]
2.1 You are required to register at PayAccept before you are allowed to use the Services. It is not possible
nor allowed to use PayAccept anonymously. We reserve the right to refuse the creation of a new account for
any reason.
2.2 You are required to provide us with complete and accurate information about yourself. You are
responsible for submitting correct account data and for keeping this information up to date. We may ask you
to provide proof of your identity and accompanying documents at any time. Any information provided by you
will be verified by us. Unverified users have limited rights and cannot deposit or withdraw any amounts.
2.3 You give us permission to do extra screening in addition to the requested information. This includes the
review of publicly available information as well as consulting non-public databases for information
concerning identification evidence and political involvement.
3.1 PayAccept accounts are restricted to natural citizens of the EEA with a minimum age of 18 years old
which are fully capable of independent (financial) decision making.
3.2 You may only create one account and it is not allowed to transfer an account to a another person, unless
PayAccept has granted its prior written permission to do so.
3.3 You must keep your user name and password confidential at all times and must not allow others to use
your account. You are responsible for all activity that occurs under your account, including any activity by
authorised or unauthorised users. If you know or suspect that anyone other knows your password, you must
promptly change your password and notify us.
4.1 You may not use PayAccept for any purpose other than the use of the Services. You are specifically
prohibited from: (a) using any data mining, robots or similar data gathering or extraction methods; (b)
manipulating or otherwise displaying PayAccept by using framing or similar navigational technology; (c)
registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for
any Services if you are not expressly authorized by such party to do so; and (d) using PayAccept other than
for its intended purpose, including to defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any
defamatory, infringing, obscene, indecent or unlawful material or information.
4.2 Except as expressly permitted by us, you will not scrape, reproduce, redistribute, sell, create
derivative works from, decompile, reverse engineer, or disassemble PayAccept. Nor will you attempt to
circumvent any of PayAccept's technical measures or take any measures to interfere with or damage PayAccept.
If you in any way discover a possible security flaw or software bug, you are obliged to notify us
immediately without having any right to compensation unless PayAccept states otherwise.
5.1 PayAccept B.V. is the owner (or the licensee) of all copyrights and intellectual property rights in
PayAccept, and in the material published on it. Those works are protected by copyright laws and treaties
around the world. All such rights are reserved. We shall also own any data generated at or via PayAccept or
the use of our Services. You must not use any part of the content on PayAccept for commercial purposes
without obtaining a licence to do so from us. No other use of the intellectual property is permitted than
necessary to use the Services, unless PayAccept has given its prior written consent.
5.2 We hereby grant you a limited, non-exclusive and non-sublicensable license to access and use our
intellectual property rights for your personal use. Such licence is subject to these Terms and does not
permit (i) any resale of our materials, (ii) the distribution, public performance or public display of any
materials; (iii) modifying or otherwise making any derivative uses of our materials, or any portion thereof;
or (iv) any use of our materials for other than for their intended purposes. This license will automatically
terminate if we suspend or terminate your access to the Services.
6.1 You are responsible for compliance with any applicable laws concerning (the trade of) cryptocurrencies
and are expected to be aware of the legal status of cryptocurrencies in your country of residence. We are
not required to provide information concerning the legal status of cryptocurrencies.
6.2 Criminal acts and economic offenses such as money laundering and trading in not legitimately obtained
cryptocurrencies are forbidden. When you are found to be violating laws or regulations, we are authorized to
notify the authorities.
6.3 A user account will be blocked for the duration of an investigation into misuse of the account. We
maintain the right to suspend any pending transactions for the duration of the investigation. If the
legitimacy of a user and/or any transactions cannot be determined, your right to any outstanding funds may
be lost.
6.4 We will comply with substantiated requests of authorities to provide user information. PayAccept will
not comply with any unlawful and/or unsubstantiated requests for information or attempts to gather large
quantities of undirected information from the authorities.
7.1 These Terms will apply to you until termination of your account and the use of our Services. You may
terminate your account at any time with immediate effect. PayAccept may at any time terminate your account
with 30 days' written notice. We are also entitled to suspend or terminate your account and/or freeze funds
upon the discovery of incorrectly submitted account data, illegal activities or any acts in breach of these
Terms.
7.2 PayAccept may at any time decide to discontinue its Services, in which case all outstanding orders will
be cancelled. You will be given the reasonable opportunity to withdraw all funds in accordance with these
Terms for a period of 3 months following receipt of such notice.
7.3 Upon termination of these Terms, clauses 5, 6, 13, 16 and 17 shall remain to apply.
8.1 PayAccept offers you the option to trade (i) fiat to cryptocurrencies, (ii) cryptocurrencies to
cryptocurrencies and (iii) cryptocurrency to fiat. Each of these will be considered a transaction, for which
certain restrictions may be in place. These restrictions can be changed by us at any time and will be
published on PayAccept. All downward changes will be notified by us at least 7 days in advance.
8.2 Submitting orders for transactions are only possible if you have sufficient funds. When you submit an
order via PayAccept, you authorize us to execute a transaction in accordance with such order. You
acknowledge that we shall not act as your advisor, agent or otherwise and that any information provided to
you shall not be considered or construed as an advice. You may only cancel an order if such order has not
been executed by us yet.
8.3 Transactions may be automatically executed by PayAccept on the basis of your preferences and settings.
You are responsible for all orders provided to PayAccept, for any executed transaction on the basis of your
preferences and information provided by you. Once submitted, orders can be made final by PayAccept at any
moment. Any erroneous instructions are your responsibility.
8.4 PayAccept is not responsible for any price fluctuations. Price fluctuations are fully dependent on
supply and demand. We will provide you with an estimation of the current exchange rates, but you acknowledge
that the final transaction may significantly differ from the shown estimation. This will be your own
responsibility and transactions cannot be reverted.
8.5 We cannot guarantee the availability of sufficient supply and demand to fully or partially process an
order.
8.6 PayAccept processes transactions in a chronological order, based on the time of submission of the
orders. The most favourable price will be searched for every order, based on the supply and demand at that
time. We may at any time refuse to execute an order for a transaction.
8.7 Neither PayAccept nor the user have the right to revert a transaction, if no errors have occurred in
processing of the transaction and if the transaction was done either through the API or directly from the
account of the user.
9.1 Stichting PayAccept is responsible for managing all funds (euros, bitcoins and other cryptocurrencies)
on behalf of PayAccept. Questions, complaints and/or suggestions can be addressed to PayAccept.
9.2 Any restrictions in relation to deposits and withdrawals are published on PayAccept. We reserve the
right to amend these restrictions at any time. Unless in case of exceptional circumstances, we will provide
you with 7 days' notice if we lower the maximum amount that can be withdrawn from your account.
9.3 Deposits and withdrawals lower than the minimum fee will not be processed and will be charged as
administrative costs for the full amount.
9.4 We have no influence on the processing speed of transfers and any deposits will be added to your balance
as soon as payment is confirmed.
9.5 A cryptocurrency deposit will be added to the balance as soon as we have received sufficient
verifications of the transaction. The speed of verifying transactions depends on the performance of the
network.
9.6 We maintain the right to reject cryptocurrency deposits addresses and/or bank account numbers, after
which you must no longer use these addresses and account numbers after having been notified.
9.7 SEPA deposits are limited to euros only. If a different currency is used, all conversion fees will be
passed on to you. SEPA withdrawals are limited to SEPA bank accounts only. Submitting the right bank details
is your responsibility.
9.8 In the event that a SEPA deposit cannot be credited to the account due to a wrong description or a
different account holder name for instance, it will be refunded. Any SEPA withdrawal fees will be deducted
from the refunded amount.
9.9 In the event that a SEPA withdrawal is refused by your bank, we maintain the right to pass all costs
charged by the bank on to you.
10.1 You are responsible at all times for using an account in a secure environment and in a secure manner.
This means the internet connection, email account(s) and computers and other devices, on which PayAccept is
used by the user, have to be secure at all times.
10.2 Passwords and all two factor authentication data must be kept secret. We expect you to do your utmost
best to prevent unauthorized parties from obtaining this data.
10.3 PayAccept will never ask you to provide authentication data (passwords and two factor authentication)
other than when logging in to your account. You must never respond to a request to provide this data, even
if the request appears to originate from PayAccept.
10.4 If funds are stolen as a result of the user failing to comply with the security guidelines, or when
this cannot be blamed on us for other reasons, the user has no right to any compensation.
10.5 Processed cryptocurrency transactions are definitive and irreversible. Submitting the correct address
is your responsibility, even in the event an address is changed by malware.
10.6 In the event that you know or suspects your authentication data has been stolen or may be misused, the
user must contact PayAccept immediately.
10.7 PayAccept warrants the availability of user funds on Stichting PayAccept to the maximum possible extent
in the case of damages caused by careless handling by our employees or poor server and/or software security.
11.1 You acknowledge and agree that you will use our Services at your own risk.
11.2 PayAccept is neither registered at nor supervised by the Autoriteit Financiële Markten (Financial
Markets Authority) or De Nederlandsche Bank NV (Dutch Central Bank) for the Services it provides. You are
aware of this fact and accept the accompanying risks.
11.3 You are aware of and take full responsibility for the accompanying risks of possessing and using
cryptocurrencies. Among these risks are the lack of any guarantee of value, the preservation of value and
the supervision by government agencies and/or financial authorities.
In providing the Services, we may collect and process your personal data, being among others email address, user name and IP address. The main purpose of collecting the personal data is to provide the Services to you. We refer to our privacy policy for more detailed information.
13.1 All applicable fees will be shown on the PayAccept website. After submitting an order, deposit and/or
withdraw, you agree that the fees, as shown on PayAccept at that time, will be deducted from the balance of
your account. PayAccept maintains the right to change the fees at all times, provided that we will never
change any fees after an order has been placed. Increases in withdrawal fees will be notified by PayAccept
at least 30 days in advance.
13.2 Fees can be charged in both cryptocurrencies and euros. You may choose, where possible, how the fees
are charged.
13.3 You are not entitled to interest on your funds.
14.1 We may offer certain functionalities via the use of an API. Using the API requires an API key, created
by the user. You are aware that these keys grant access to the account and therefore must be handled
responsibly. The safe usage of the API and the accompanying keys is your responsibility.
14.2 We may also make documentation available for the API . Errors in the documentation or unintended
interpretation of the documentation by you cannot be ruled out. We cannot be held liable for any damage
resulting from incorrectly implementing the API documentation or incorrect specifications of which can be
reasonably assumed that they are unintended.
15.1 The referring customer is obliged to successfully go through the identification process in order to be
eligible for a referral payout.
15.2 The referred customer must have created an account after clicking a customer’s referral link. In the
case of the referred having clicked multiple referral links of different referring customers his or her
referral will be granted to the referring customer who’s link has been clicked last by the referred
customer.
15.3 Referral rewards are only credited after referred customers have verified their account and traded a
Euro amount worth of cryptocurrencies or more as defined in the applicable referral campaign. The buy or
sell order has to be completed (meaning the funds are delivered to the account). The required amount of Euro
denominated trading volume can be achieved cumulatively, meaning it can be achieved over multiple trades,
and not necessarily through a single deposit or trade.
15.4 The referral reward will be paid in BPT (PayAccept’s utility token) to both the referrer and referee at
a conversion rate determined at the moment when the referee has executed the required amount of Euro worth
of orders after signing up through the referral link of the referrer.
15.5 The conditions for referral campaigns and receiving a referral reward are subject to change and can be
adjusted at any time by PayAccept without prior notice.
15.6 Duplicate, fake or fraudulent accounts, not adhering to PayAccept’s policies outlined in these terms
and conditions, won’t count towards referral earnings. Duplicate or shared financials will cause
disqualification.
15.7 PayAccept reserves the right to change the terms of the referral program at any time due to changing
market conditions, risk of fraud, or any other reasons. By participating in the referral program you
acknowledge that receiving payouts is by default not guaranteed by PayAccept and a potential payout is
therefore in PayAccept’s full discretion.
15.8 PayAccept may suspend or terminate the referral campaign or a user’s ability to participate in it at
any time for any reason.
15.9 Only residents of the supported countries are allowed to participate in the referral campaign.
15.10 If any provision in these terms are deemed invalid, void, or unenforceable, such provision (or the
part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of
the remaining provisions.
16.1 Any complaints about PayAccept and its Services can be reported via [email protected]. Contact
details can be found on the PayAccept website.
16.2 We may ask for additional clarification when complaints are insufficiently explained and/or
substantiated. When you fail to respond to such request, we will consider the complaint as "not sent”.
16.3 Both PayAccept and the user shall cooperate to achieve a solution to the satisfaction of both parties.
17.1 PayAccept and the Services are provided by us on an "as is" basis without warranty of any kind.
17.2 In as far as allowed under applicable law, in no event shall PayAccept B.V., Stichting PayAccept, their
directors, advisors, employees or agents liable for any damages or losses in connection with or arising
under the Terms or (the use of) the Services or PayAccept, including your use of, reliance upon, access to,
or exploitation of PayAccept, or any part thereof, or any rights granted to you hereunder, whether the
action is based on contract, tort, infringement of intellectual property rights or otherwise, unless it
results from PayAccept B.V.'s intent or gross negligence.
17.3 To the maximum extent permitted by applicable law, in no event shall the aggregate liability of
PayAccept B.V. and Stichting PayAccept (including any directors, employees, advisors and agents), whether in
contract, warranty, tort, product liability, or any other theory, arising out of or relating to the use of,
or inability to use, PayAccept or to these Terms exceed the fees paid by you to PayAccept during the 12
months immediately preceding the date of any claim giving rise to such liability.
17.4 You agree to defend, indemnify and hold harmless PayAccept B.V. and Stichting PayAccept (and each of
their directors, employees, agents and affiliates) from any claim, demand, action, damage, loss, or expense,
including attorneys’ fees, arising out or relating to (i) your use of, or conduct in connection with, our
Services; (ii) your violation of these Terms; or (iii) your violation of any rights of any other person or
entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any
action or proceeding (at our expense) and determine whether we wish to settle it.
18.1 These Terms are governed by Dutch law. We reserve the right to unilaterally amend the Terms at any
time. Any claims or disputes are settled in Dutch courts.
18.2 We may at any time sub-contract or assign any of its rights and obligations under these Terms or in
relation to the Services or the use of PayAccept to any other third party. You cannot assign any of your
rights and obligations under these Terms to a third party without our prior written consent.
18.3 All notices required to be sent to PayAccept under these Terms should be sent via email to
[email protected]. All notices to you will be sent via email to the email address set out in your
account.
18.4 PayAccept does not directly buy and sell cryptocurrencies from you. Therefore, you cannot claim any
cancellation rights.
18.5 PayAccept will do its utmost best to be operational 24 hours a day, 7 days a week, but can never
guarantee to be fully operational at any time. Planned maintenance will be announced at least 24 hours in
advance.
18.6 PayAccept will not make any statements about the expected price of cryptocurrencies. If a PayAccept
employee does make a statement regarding the price of cryptocurrencies, then their statement is a personal
opinion from which no rights can be derived.