The BitBay Pay Statute of Payments

§1 General provisions

  1. The Statute stipulates the principles of rendering the Service by BB Trade Estonia OÜ, the entity that renders the Service for the benefit of the Customers and is seated in Tallin, 8a Lõõtsa Street, Lasnamäe, Tallinn, Harju, zip code 11415, Estonia, registered under the number 102200164 (hereinafter: BitBayPay).
  2. The rendering of Services consists in receiving and service of payments for goods and services offered by the Partner, made by the Customer using Cryptocurrencies.
  3. The rendering of Services shall take place for the benefit of persons, who have accepted the Statute and effectively entered into the agreement with the Partner for rendering of the services offered by him or sales of goods (hereinafter: the Customer).
  4. The Service cannot be used for the performance of payments other than liabilities resulting from legal bases other than mentioned above.
  5. The Customer who wants to use the Service is obliged to follow the provisions of the Statute and of the law as well as to present his/her true data.

§2 Terms of rendering the Service

  1. BitBayPay while rendering the Service transfers means received from the Customer only in the form of Cryptocurrencies to the Partner’s Wallet. Posting thereof shall mean payment for the purchased goods or services.
  2. BitBayPay renders the Service on the basis of the disposition of transfer of the settled payment submitted by the Customer by means of indication on the Payment Gateway of the Cryptocurrency, which they choose for making the payment.
  3. The amount displayed on the Payment Gateway constitutes liability, which the Customer shall pay for the benefit of the Partner under the agreement they entered into. Thus indicated value fails to include possible additional fees for the blockchain network or for the operator of the Wallet collected from the Customer’s Wallet.
  4. The time of posting is dependent on the load of blockchain network, on the fee and on the number of confirmations required for posting the transaction in the given Cryptocurrency.
  5. The Customer cannot cancel the disposition of transfer of the settled payment from the moment of confirmation of payment in the Payment Gateway.
  6. Means can be returned to the address of the Customer’s Wallet only in cases of: overpayment or underpayment of the amount due, payment after gateway expiration and ETH Contract deposit. In such case the Customer shall contact BitBayPay directly. The fee for the return of means amounts to 0.5% of the entire transferred amount. Moreover, a fee for the payout in accordance with the Table of Payments and Commissions shall be collected. The means shall be returned until 14 working days to the Wallet stipulated by the Customer.
  7. One must not intervene in IT systems of the Portal and it cannot be used by an unauthorized person or by a person, which is reasonably suspected by BitBayPay of such unauthorized use.
  8. The Customer’s using the Service is not connected with opening of the bank account and all operations performed are not bank activities under the bank law.
  9. One must not use the Portal for the service of payments for the sales of goods or rendering of services contrary to the provisions of law, in particular in case of infringing the property rights of third parties and if not allowed to be distributed on the territory of the European Union or one must not use the Portal for the service of payments due to the access to pornographic content.
  10. It is allowed to change the entity providing the Service to another entity related to BitBayPay in order to provide further service in accordance with the Regulations. A change of the entity providing the Service shall be made in a manner consistent with the law. Terms of Service provision - in connection with a change of this entity - may not be changed to less favourable ones. In the case referred to in this paragraph, the current entity providing the Service ceases to be a party to the Agreement with and ceases to provide the Service.

§3 Rights and obligations of BitBayPay

  1. BitBayPay shall not be liable for the performance of payments to an erroneously indicated address of the Wallet.
  2. BitBayPay is not a party to any agreement or legal relationships between the Partner and the Customer, especially to any sales agreement or
  3. Cryptocurrency only to the Wallet address indicated by the Merchant,
  4. Currency to a bank account belonging to the Merchant as part of the Account on the Website
  5. BitBayPay in particular bears no responsibility for the Partner’s capacity to enter into and to perform any agreement of sales of goods or services and bears no responsibility for the Customers’ solvency.
  6. BitBayPay may withhold or refuse to perform the Service if there are reasonable doubts as to the legal nature of payment, including the possibility of connection thereof with money laundering or terrorism.
  7. BitBayPay reserves the right to withhold or refuse to perform the Service in case of infringement of the provisions of this Statute or if there is reasonable doubt that the performed transaction is contrary to the provisions of law or the Statute.
  8. BitBayPay shall bear no responsibility for possible loss incurred by the Customer due to withholding or refusal of transaction service.
  9. BitBayPay shall not be liable for any damages incurred by Customer due to the improper provision of services by BitbayPay's third party providers.

§4 Personal data protection and privacy policy

  1. Depending on the Partner’s assumed settings and on the transaction performed by the Customer, BitBayPay may receive the Customer’s personal data in the form of an e- mail address. In such case the Administrator of personal data under the Regulation of the European Parliament and of the Council (UE) 2016/679 of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC is BitBayPay.
  2. The Customers’ personal data provided by the Partner to BitBayPay is processed pursuant to the law, including in particular pursuant to the provisions of the regulation stipulated in it. 1.
  3. The Customer has the right to inspect their data and request modification or supplementation thereof.
  4. The Administrator is obliged to protect the Customers’ personal data.
  5. Transfer of data to other entities is allowed only upon the Customer’s express consent or pursuant to the provisions of law or upon the request of competent administrative bodies, which the Administrator is obliged to perform or for the purposes indispensable for correct performance of the Agreement.
  6. The detail principles of processing personal data used and processed by BitBayPay as well as regulations regarding Privacy Policy can be found on the Internet portal (hereinafter: the Service Center) in the tab “Privacy Policy” and constitute an integral part of the Statute.

§5 Complaint proceedings

  1. If according to the Customer’s opinion the Services rendered by BitBayPay fail to be performed pursuant to the provisions of the Statute, they can submit their reservations. The time-limit for filing the complaint is up to 30 days from the date of the event that is a symptom of improper performance of the Service.
  2. The complaint can be submitted:
    • in the written form and sent to the following address: BB Trade Estonia OÜ, Harju maakond, Tallinn, Lasnamäe linnaosa, Lõõtsa tn 8a, 11415 Estonia
    • in the electronic form by sending to the e-mail address: [email protected]
  3. The complaint should include:
    1. the Customer’s identification data;
    2. the object and circumstances that provide reasons for the complaint;
    3. the proposed method of settlement of the complaint.
  4. The complaints shall be examined in the order of receipt thereof, but not later than within 14 (fourteen) days. If a complaint fails to include information indispensable for the examination thereof, BitBayPay shall ask the Customer to supplement the necessary part, and the time-limit of 14 (fourteen) days shall start from the date of delivery of the supplemented complaint. BitBayPay reserves the right to extend the time-limit of complaint examination in reasonable cases by further 14 (fourteen) days upon notification of the complaining party thereof.
  5. The Customer filing the complaint shall be informed of the method of complaint examination by means that the complaint was filed.
  6. The Customer has the right to appeal from the decision undertaken by BitBayPay within the framework of the complaint. The provisions of it. 2, 3 and 4 of this § shall be applied accordingly.

§6 Final provisions

  1. The provisions of the BitBayPay Statute available on shall apply to cases unsettled in this Statute and also with regard to the terms applied therein written with a capital letter.
  2. BitBayPay reserves the right to modify the Statute. The modifications shall be effective as of the date of publishing on the Service Center and Portal website.
  3. The modification of the Table of Payments and Commissions shall not constitute a modification of the Statute.
  4. The law competent for the rendered Service is the law of the Republic of Estonia.