Skip to main content

T&C

Bcrypto of Bcrypto of Artificial Intelligence srl
VAT 39472742
Strada Sg Constantin Apostol11, 061461, Romania

 

Preamble

Bcrypto of Bcrypto of Artificial Intelligence srl company and its group companies sell mining hardware and operate data centers with power supplies in Europe, North & South America, and Asia, which are suitable for the use for mining of Crypto Assets with appropriate mining hardware.

Customer. The customer is purchasing mining hardware and intends to operate its hardware for the mining of Crypto Assets in a data center ("Customer"). The Customer is commercially engaged in the mining of Crypto Assets as part of an entrepreneurial activity.

Terms. The following terms and conditions govern all purchases of Mining Hardware between Bcrypto of Bcrypto of Artificial Intelligence srl company and the Customer, including their delivery to the Delivery Destination ("Terms"). Any conflicting terms and conditions of the Customer are expressly rejected.

 

  1. Definitions

Contract means a contract for the purchase of Mining Hardware concluded between Bcrypto of Bcrypto of Artificial Intelligence srl and the Customer as defined in § 2 (6).

Crypto Assets means crypto-assets pursuant to Art 3 (5) of Regulation 2023/1114 on markets in crypto-assets (MiCAR).

Customer       means a customer willing to purchase Mining Hardware from Bcrypto of Bcrypto of Artificial Intelligence srl company.

Delivery Costs           means indicative costs for transport, freight, insurance, customs duties, taxes, levies and other fees or charges included in the Purchase Price.

Delivery Destination means the destination the Mining Hardware is delivered to by Bcrypto of Bcrypto of Artificial Intelligence srl company as defined in § 4 (1).

Mining Hardware      means the Mining Hardware purchased by the Customer and delivered to the Delivery Destination as defined in § 2 (1).

Notification of Defect           means a written notification of defects of the Mining Hardware by the Customer as defined in § 5 (4).

Offer   means an offer for the purchase of the Mining Hardware by Bcrypto of Bcrypto of Artificial Intelligence srl as defined in § 2 (3).

Offer Period   means the offer period defined in § 2 (4).

Purchase Price means the Purchase Price of the Mining Hardware as defined in § 3 (1).

 

  1. General

  1. Scope. Bcrypto of Bcrypto of Artificial Intelligence srl company is willing to sell and the Customer is willing to purchase mining hardware under the conditions specified in the Terms. The mining hardware will be delivered by Bcrypto of Bcrypto of Artificial Intelligence srl company to the Delivery Destination as defined in § 3 (the "Mining Hardware").
  2. Entrepreneur. Bcrypto of Bcrypto of Artificial Intelligence srl company sells Mining Hardware to Customers commercially engaged in the mining business as part of the Customer's entrepreneurial activity. Bcrypto of Bcrypto of Artificial Intelligence srl company shall have the right to demand proof of the Customer's entrepreneurial status by requiring the Customer to send to Bcrypto of Bcrypto of Artificial Intelligence srl company appropriate documentation.

 

  1. Offers. Bcrypto of Bcrypto of Artificial Intelligence srl company shall submit the Customer an offer for the purchase of the Mining Hardware, which is non-binding insofar as the offer is not explicitly designated as binding (the "Offer").
  2. Validity. Unless otherwise stated, the Offer is valid until 24:00 CET of the day on which the Offer is sent by Bcrypto of Bcrypto of Artificial Intelligence srl company to the Customer (the "Offer Period").
  3. Acceptance. The Customer shall accept the Offer by transferring the Purchase Price within the Offer Period to Bcrypto of Bcrypto of Artificial Intelligence srl company.
  4. Conclusion of Contract. Upon acceptance as set out in § 2 (5) of the Offer a contract for the purchase of the Mining Hardware between Bcrypto of Bcrypto of Artificial Intelligence srl and the Customer is concluded (the "Contract").
  5. Customer's Offer. In case the Customer accepts the Offer after expiry of the Offer Period, the acceptance of the Customer shall be deemed a new offer by the Customer to Bcrypto of Bcrypto of Artificial Intelligence srl. Bcrypto of Bcrypto of Artificial Intelligence srl may accept or reject such offer by written message to the Customer or send a new offer with an adapted Purchase Price.
  6. Information. Information on mining hardware in advertisement material of Bcrypto of Bcrypto of Artificial Intelligence srl, such as catalogues, brochures, folders, presentations etc. is non-binding and shall only become part of the Contract between Bcrypto of Bcrypto of Artificial Intelligence srl company and the Customer insofar as the Offer explicitly refers to such information.

 

  1. Prices, Payment, Costs

  1. Purchase Price. The purchase price for the Hash Rate indicated on Offers are in EUR and exclusive of VAT ("Purchase Price").
  2. VAT. The Purchase Price is subject to VAT at the applicable statutory rate.
  3. Currency. The Purchase Price may also be indicated in EUR or USDT, and other currencies or Crypto Assets at the applicable exchange rate for EUR in the Offer. The indicated Purchase Price is only valid within the Offer Period. 
  4. Advance Payment. The Customer shall transfer the Purchase Price to Bcrypto of Artificial Intelligence srl's bank account or wallet address within the Offer Period. Payment is made only upon receipt of the Purchase Price in the bank account or wallet address of Bcrypto of Artificial Intelligence srl. Bcrypto of Artificial Intelligence srl is under no obligation to deliver the Hash Rate and execute the Contract pursuant to § 2 of these Terms until the Customer has paid the Purchase Price as defined in § 3 (1).
  5. Payment Method. Payment methods shall be indicated on the Offer. In general, payment may be made in USD, USDT or EUR by transferring the Purchase Price to the respective bank account or wallet address indicated on the Offer at the applicable exchange rate EUR/USD, USD/EUR. 
  6. Service Costs. If the Customer has entered into a hosting agreement with Bcrypto of Artificial Intelligence srl, usual service costs will be charged during the Hash Period at the standard hosting conditions pursuant to the terms and conditions of the hosting agreement. 

 

 

  1. Delivery, Rewards

  1. Delivery. Delivery of the Hash Rate shall take place in the following manner:
    1. The Customer shall create an account with a mining pool of their choice;
    2. The Customer shall configure a worker (mining pool identifier) with the chosen mining pool;
    3. The Customer shall provide to Bcrypto of Artificial Intelligence srl:
      1. the application program interface (API) information (watcher link) of the mining pool; 
      2. the name of the worker configured by the Customer; and
      3. any other information requested by Bcrypto of Artificial Intelligence srl for the purpose of delivering the Hash Rate.
    4. After the completion of subparagraphs (a) to (c), Bcrypto of Artificial Intelligence srl shall without undue delay deliver the Hash Rate to the Mining Pool using the API address and worker name provided by the Customer during the Hash Period.
  2. Compensation. The Customer shall have a claim for compensation in cases of late delivery or non-delivery only if Bcrypto of Artificial Intelligence srl has acted with intent or gross negligence.
  3. Rewards. The parties acknowledge that any rewards generated through the use of the Hash Rate are subject to the agreement made between the Customer and the mining pool of their choice. This means that also rewards which are generated by the Customer using the mining pool are subject to the agreement made between these parties. For the avoidance of doubt, the parties also acknowledge that Bcrypto of Artificial Intelligence srl will at no time have access to or control over any rewards.

 

  1. Representations and Warranties, Notice of Defects

  1. Warranties. Except as otherwise agreed, the statutory warranty pursuant to §§ 922 of the Romnian Civil Code is waived.
  2. Performance. The Hash Rate provided may deviate from the total hash rate in TH/s by a maximum of 10 %. Bcrypto of Artificial Intelligence srl does not guarantee that a specific performance or yield is associated with the Hash Rate. Mining of Crypto Assets is not only dependent on the chosen mining pool, but also on the mining difficulty and other factors which are not under the influence of Bcrypto of Artificial Intelligence srl. 
  3. Notice of Defects. Defects shall be notified in writing without delay upon receipt of delivery of the Hash Rate, at the latest within 5 days, latent defects within 3 days of discovery (the "Notification of Defect"). Notification of Defect must adequately explain and substantiate any defects of the Hash Rate.
  4. Objection. If the Customer has not raised objections by sending a Notification of Defect within the time limit set out in § 5 (4) the Hash Rate delivered shall be deemed as approved and accepted. The Customer shall have no warranty claim against Bcrypto of Artificial Intelligence srl if the Customer fails to submit a Notification of Defect.
  5. Minor Technical Changes. Minor technical changes as well as minor deviations from the Offer are deemed approved in advance by the Customer. 
  6. Usage. Bcrypto of Artificial Intelligence srl shall not be liable for damages arising through improper or unsuitable usage of the Hash Rate.
  7. Damages. Claims for damages in cases of slight negligence are excluded; this does not apply to personal injury. Claims for compensation shall lapse 12 months after knowledge of the damage and the damaging party, in any case 3 years after provision of the service or delivery.
  8. Liability. Bcrypto of Artificial Intelligence srl shall not be liable for damages resulting from delayed delivery of the Hash Rate. Customers are not entitled to claim financial losses or lost profits from Bcrypto of Artificial Intelligence srl due to delayed delivery.

 

  1. Miscellaneous

  1. Governing Law. These Terms shall be governed by, and construed and interpreted in accordance with, the laws of Romania, with the exception of the conflict of laws rules of Romanian private international law.
  2. Venue. Each Party agrees that the Commercial Court of Bucharest shall have exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes, which may arise out of or in connection with these Terms.
  3. Communication. Declarations or notices of the Customer shall be addressed to Bcrypto of Artificial Intelligence srl by email at Questo indirizzo email è protetto dagli spambots. È necessario abilitare JavaScript per vederlo..
  4. Counterclaims. The Customer shall not offset any counterclaims, likewise it shall not be admissible to exercise a retention right without legally binding title or on the basis of claims arising from other transactions.
  5. Severability clause. Should any provision of these Terms be invalid, voidable or unenforceable, the validity of these Terms shall not be affected to the extent that this is in accordance with the intent of the Parties as set forth in the provisions of these Terms relating thereto. Such a provision shall then be replaced by an effective and enforceable provision which has such a legal and above all economic content as the invalid one or comes closest to it.