These terms and conditions, which are an integral part of the Agreement (hereinafter: the “Agreement”), prescribe the rights, obligations and other necessary conditions applicable to, owner of the website www.zilamining.com (hereinafter: the “zilamining Website”), and the respective individual (hereinafter: the “Customer”) pursuant to the Agreement concluded thereby. The Company and the Customer may also be referred to individually as the “Party” and jointly as the “Parties”. The Parties agree to these terms in connection with the use of the services provided by the Company. In relation to the foregoing, the Parties hereby mutually agree as follows:
CHAPTER 2. Use of the Services
6. Conclusion of the Agreement.
6.1. The Agreement shall be signed by an individual who intends to become a Customer. Where said individual applies to purchase the Services at investment plan as specified in the zilamining Plan (as defined below) and where the Company accepts such application, the individual becomes a Customer, and a Customer account is created and assigned to them accordingly.
6.2. In principle, the Company shall approve the application when the applicant submits it under paragraph 6.1. above. However, the Company may reject an application and terminate the agreement in any of the following cases:
6.2.1. the applicant applied to registration under a fake or false name or another person's name;
6.2.2. the applicant provided false or inaccurate information in connection with the application.
6.2.3. the applicant applied for the services for illegal or separate commercial purposes.
6.3. The Company may request that the applicant provide personal information during the application process for their identification or other purposes, in which case the application process will not be completed until such information is provided.
6.4. The Company may not accept an application for registration if the factory facilities are used at full capacity. In such cases, the Company must do its best to resolve the issue and initiate the service.
6.5. In the event the application is rejected, the Company shall notify the applicant of the decision.
7. Change of Customer Information
The Customer may access its user information provided for the purposes of the Services. The Customer may not change or modify user information necessary for the Company's service management without the Company's prior consent.
8. Services Provided to the Customer
8.1. The Company will provide the Customer with computational power at a plan specified in the plans as set out below (the “packages”). The Services shall be rendered according to the Company’s best efforts. Notwithstanding the above, the Company shall make reasonable efforts to ensure that all facilities and the relevant supplies for providing the Services are maintained in good working order to avoid any variance, with the same diligence it applies in its own dealings.
8.2. The Customer acknowledges the risks associated with blockchain technologies and acknowledges that variations may occur in terms of the protocols used to perform blockchain transaction verifications (“mining”) for cryptocurrencies using the algorithm selected by the Customer.
8.3. The compensation plans are detailed separately on the Customer’s dashboard on the zilamining Website.
8.4. The Customer has the right to receive daily allocations of digital assets produced from the Packages.
8.5. The amount of digital assets generated by the packages fluctuated according to trading profit.
8.6. The Customer can manage and control the digital assets distributed to its Account.
8.6.1. The Customer is responsible for the earnings according to the package he/she purchased under the Agreement.
8.6.2. The Customer may decide to compound his earnings , provided that the Company provides for this option.
8.6.3. The Customer acknowledges that the Company is not responsible for withdrawing cryptocurrencies to a wrong wallet address under the Agreement and protocols selected for use in connection with the Services.
8.6.4. The Customer shall monitor his earnings through Dashboard.
8.7. The Services provided by the Company do not constitute securities or any sort of investment, and the Customer may not expect any revenue, profit or so-called ROI of the computational power services provided by the Company. The Company provides the Services specified in paragraph 8.1. only and guarantees no profit, revenue or income to the Customer.
8.8. The Customer understands and agrees that the Company shall not be liable or responsible for any rewards, nor does it guarantee any returns or the exchange value of the cryptocurrency it offers to get. The Customer also understands and agrees that it shall not have any claims against the Company except for the interests to be provided with the Services purchased by the Customer.
9. Limitations on the Use of the Services
9.1. The Company may limit the Customer's use of the Services if the Company objectively determines that the Customer is disturbing the normal operation of the Company’s service, including in the event the Customer breaches the provisions of this section or in any of the following cases:
9.1.1. the Customer fails to enter the password properly more than 5 times in a row;
9.1.2. the Customer is involved in hacking or fraud, or exploitation of the zilamining Website and the Services;
9.1.3. suspected illegal use of another individual's credentials
9.1.4. where necessary to limit the Customer's ability to log according to the Company's operating policy.
9.2. In accordance with the Company's operating policy, the Company may limit or postpone the Customer's use of deposit and withdrawal services upon discovering an abnormal transaction related to the Customer's Account or for similar reasons.
9.3. The Company may terminate the Agreement on the use of the Services immediately if the Customer commits any of the following acts: identity theft, fraudulent payment, voice phishing, illegal program provision and operation, illegal communication, hacking, malicious code distribution, unauthorized access.
9.4. The Customer may oppose the restriction placed on the Customer through a procedure provided for by the Company. If the Company determines that the Customer's objection is justifiable, it must immediately lift the restriction and continue provision of the Services.
9.5. Minors are not allowed to register on the zilamining Website or to use or purchase the Services offered via the website.
9.6. The Services offered via the zilamining Website are not available to citizens of Belarus, Canada, China, Cyprus, Kazakhstan, Philippines, Poland, Russia, Spain, the United States of America, Ukraine and other countries where citizens are prohibited from concluding the Agreement, registering on the zilamining Website, or using or purchasing the Services via the zilaminig Website.
10. Period of Service
The period of service expires after the agreed period and extended suspension period.
11. Service Suspension
11.1. The Company may temporarily suspend provision of the Services without prior notice due to necessary reasons such as urgent system check, expansion or replacement.
11.2. In the event of suspension, the Company shall notify the customer of the fact in advance, or afterward via e-mail or by posting said notification on the Company's website. The Company may suspend provision of the Services in any of the following cases:
11.2.1. where necessary for equipment and systems to be improved, replaced, examined, maintained, repaired;
11.2.2. in the event of a failure on a dedicated circuit;
11.2.3. in the event of a mechanical failure or cessation due to a natural disaster or a state of national emergency;
11.2.4. in the event the provision of services is restricted or suspended in accordance with an administrative or business order of the state, a government agency, law enforcement agency or a competent court.
12. Provision of Advertisements and Other Information
The Company may provide the Customer with information related to the use of the Services. The Customer may choose not to receive emails, mobile text messages, or other communications provided by the Company in accordance with applicable laws and regulations.
12.1. The Company may provide advertisements and other information to the Customer through the Miningcity Website, the Customer’s dashboard therein, or via mobile text messages. The Customer may refuse to receive emails, mobile text messages or other communications that contain advertisements.
12.2. Even after mining starts and withdrawals are available, the Company may request further user information to comply with customer verification procedures (KYC) and anti-money laundering (AML) regulations.
CHAPTER 3. Rights and Obligations
13. The Company's Rights and Obligations
13.1. The Company possesses (or rents) all the equipment and assets used to provide the service. The Customer agrees that the Company shall retain sole possession and direct or indirect control of and maintain all digital asset mining equipment used to facilitate the provision of zilamining services under the relevant Plan.
13.2. The Company may use the funds paid by the Customer for the mining plan as follows:
13.2.1. 70% to acquire and deploy additional digital mining equipment and for other expenses related to this activity.
13.2.2. 15% to cover the Customers’ commissions in accordance with the compensation plan specified in the Customer’s dashboard.
13.2.3. 15% to general and administrative expenses in order to fulfill the Agreement and to invest in physical factories around the globe.
The above-specified values may be different depending on various factors beyond the control of the Company, which, however, will not affect the performance of this Agreement.
The utilization ratio of each item may be adjusted according to the Company's policy. In case of adjustment or change, the Customer must be notified at least 30 days in advance.
13.3. If continuous service cannot be provided during the agreed period without reasonable, valid reasons that are beyond the control of the Company, the Customer shall be notified in advance and the damages for the remaining agreed period shall be compensated. The compensation and calculation method shall be based on a separately determined criterion.
13.4. The Company shall apply its best efforts to protect the Customer's personal data (including credit information) so that the Customer can safely use the Services, and shall comply with the privacy policy.
13.5. To prevent inconvenience when the Customer is using the Services, the Company shall do its best to develop and maintain the necessary personnel and system.
13.6. The Company has the right to refrain from connecting mining machines and thus paying mining rewards as a penalty, where this is more economic and more efficient and allows the Company to pay out a penalty in an amount similar to the mining rewards that the Customer would have received if the machines were connected.
13.7. The Customer acknowledges that the Company reserves the right to shift mining between different cryptocurrencies, i.e. from BTC to BCH and from BTC to Zila Token in the event it is difficult to liquidate the mining rewards and pay electricity and hosting costs. The Customer, however, reserves the right to object to such a change by contacting the Company via email.
13.8. The Company reserves the right to suspend or block the Customer’s Account and suspend all Services provided to the Customer in the event the Customer breaches any of the provisions of the Agreement, especially its obligations under paragraph 14.2.
13.9. The Customer agrees that the delivery of the mining machine specified in the purchased Mining equipment may take up to 180 days. The Customer also agrees that until the specific mining machine is provided, the Customer shall receive mining awards in an amount similar to that which would be obtained if the mining machine were already connected and operated.
14. The Customer's Obligations
14.1. The Customer shall not engage in or commit any of the following in relation to the use of the website and the Services:
14.1.1. Providing of false data when registering or changing personal data.
14.1.2. Using other members’ personal data, password, ID.
14.1.3. Changing information which the Company published regarding the Services without prior consent from the Company.
14.1.4. Infringing on the Company's intellectual property rights or other rights.
14.1.5. Using a VPN to overcome site restrictions.
14.2. In using the Services, the Customer also agrees that it shall not:
14.2.1. obstruct access to or use of the website for other Customers;
14.2.2. cause damage to the Company’s reputation or make any false or misleading statements or representations about the Company;
14.2.3. create more than one Account for access to the Services;
14.2.4. depersonalize, mask or otherwise conceal its IP address or other details regarding access to the Services;
14.2.5. sell, resell or attempt to sell or resell its Account in whole or in part to third parties;
14.2.6. use the website and the Services with the intention to defraud or mislead other customers or the Company, or assist in any such attempts in any way, or otherwise bypass the security systems of the zilamining Website;
14.2.7. collect or store any information about other customers, including but not limited to any personal data or private information (including passive data collection methods);
14.2.8. copy the zilamining Website, the Account or any content provided through the website.
14.3. The Customer must comply with the applicable laws, regulations, detailed instructions for use, service use guidelines and notices provided by the Company.
14.4. The Customer shall not operate the same or similar business as the Company's business by using the services provided by the Company without prior approval from the Company.
14.5. The Company shall not be liable for the consequences incurred due to the Customer’s breach of its obligations under paragraph 14, and if as a result the Company suffers any damages, the Customer shall fully indemnify the Company for said damages, losses and expenses.
14.6. The Customer shall be liable for any taxes related to compensations received from the mining plan in accordance with the tax laws and regulations of the Customer's country of residence.
14.7. The Customer may not use the mining rewards from the mining plans as collateral. The Customer is obligated to manage their account data as follows:
14.7.1. The Customer shall not allow or engage any third party to manage its personal account data (name, ID, password, phone number, etc.) or provide such third party with its identity document or password.
14.7.2. If it is determined that an unknown third party is using the personal data of the Customer, such as account data, the Customer shall immediately change its password, notify the Company and follow the instructions of the Company.
14.7.3.In the case described by paragraph 14.7.2. above, the Company shall not be liable for any damages caused by the Customer’s failure to notify the Company of the third party’s use of the Customer's personal data, or by the Customer’s failure to follow the Company's instructions.
15. Assignment
15.1. The Customer may not transfer, assign, sell, provide as collateral or transfer its rights under the Agreement to a third party. The Company may transfer its obligation; however, such transfer should not be detrimental to the Services provided to the Customer.
15.2. The Company shall not be liable for, and is not party to, any arrangements or agreements made between its customers. The Customer represents and warrants that understands and agrees that the Company is in no way a party to, nor is responsible for, the relationships and transactions that Customers conduct, as well as the agreements or arrangements that the Customers made, between themselves and does not resolve disputes between the Customers resulting from such relationships, transactions, agreements or arrangements. Company is in no way responsible for the representations and warranties that some Customers may make or give to other Customers and shall not be liable for any damages or losses suffered by any Customer as a result of any such representations and warranties or misrepresentation made by another Customer, or as a result of any fraudulent act by that Customer. Company is also not responsible nor liable for the content of any promotional, informational or marketing materials developed and distributed by Customers or any third parties who are not official representatives of the Company. All official statements and promotional and marketing materials of the Company are published through Company's official communication channels.
CHAPTER 4. Termination of the Agreement
16. Withdrawal from the Agreement, Agreement Termination
16.1. In the event the Company ceases to provide the Services, the reasons must be notified to the Customer in advance in order to terminate the Agreement.
16.2. If the Customer causes damage to the Company through the commission of illegal acts, intentional misconduct or gross negligence, the Company may terminate the Agreement without prior notice.
16.3. The Company shall not be liable for any loss resulting from the termination of the Agreement at the Customer's request or due to the Customer's breach of the Agreement.
17. Effect of Termination.
17.1. This Agreement shall expire when the Agreement period ends or when the Company notifies the Customer of the Agreement’s termination; the Customer shall not be able to use the Services after receiving such notification.
17.2. If the Customer withdraws from the Agreement and applies again to purchase the Services, the Customer may not use the same ID used for the previous Account.
17.3. Upon the termination of the Agreement pursuant to this paragraph, the Company shall delete all personal data pertaining to the Customer, with the exception of data that the Company must maintain for a certain period of time in accordance with applicable laws and regulations.
CHAPTER 5. Miscellaneous
18. The Company’s Obligations to the Customer
18.1. The Company shall not be liable for any damages caused by the Customer in regard to damages within the range permitted by law.
18.2. Notwithstanding paragraph 18.1. above, with regard to the provision of the Services or other obligations, the Company's liability shall not exceed the amount paid by the Customer to use the Services.
18.3. Where the Company suffers damage due to the Customer's misconduct, the Customer shall compensate the Company for the damage caused by the Customer, unless the Customer proves that it was not responsible for the damage.
18.4. The Customer shall compensate the Company at its own expense for any claims, lawsuits or disputes caused by a third party due to the Customer's illegal activities or breach of the Agreement.
19. Personal Information Protection
19.1. The Company shall not use the Customer's personal information provided under the Agreement for any purposes other than provision of the Services operation, and shall not provide such information to any third party without the consent of the Customer.
19.2. Personal information protection will be managed in accordance with the relevant laws and the Company's personal information protection policy, and the Customer agrees to the privacy policy posted and announced by the Company.
19.3. The Company shall be responsible for the processing of personal data, but may entrust some or all personal data processing to a third party if necessary. The Company shall notify the Customer of such an arrangement in accordance with the privacy policy.
19.4. The Company shall not be liable for any disclosure of information, including the Customer’s personal data, due to the Customer's fault.
20. Risk Notification and Awareness
20.1. When purchasing a packages, the Customer shall transfer virtual currency to the Company's USDT wallet within 30 minutes after pressing the confirmation button on the purchase plan. The Customer shall check the details of the plan to be purchased in advance.
20.2. There are transaction fees applicable to all cryptocurrency transactions in the blockchain. For withdrawals, a small fee will be deducted from the final amount. The Customer recognizes that transaction fees are incurred due to the nature of the blockchain.
20.3. Using cryptocurrency comes with inherent risks. The value of a cryptocurrency is not guaranteed due to the fact that cryptocurrency is unregulated and decentralized. The value of cryptocurrency may change due to a number of factors beyond the Company’s control. These factors include mining difficulty, other mining parameters, attribute changes, fluctuations of cryptocurrency value or obsolescence of hardware and equipment. The Customer understands and agrees that the value of all currencies and the amount of cryptocurrency mined may lose their value at any time due to the nature of cryptocurrency.
21. Legal Disputes and Disclaimer
21.1. The Company shall not guarantee any profit under the plans purchased by the Customer. The Customer is fully aware that rewards may vary due to several factors.
21.2. The Company shall not be liable for disputes regarding the provision and use of services between customers.
21.3. The Company shall not be liable for cases where it cannot provide the Services due to natural disasters, unforeseeable events or any other reasons beyond its control.
21.4. The Company shall not be liable for the reliability or accuracy of the information and data issued by individual customers.
21.5. The Company shall not be liable for transactions between customers or between the Customer and a third party conducted through the service or advertisements provided by the Company.
21.6. The Company shall not be liable for the failure of cryptocurrency transfers due to the failure of the cryptocurrency issuance management system or telecommunications services provide by a third party.
21.7. The Company shall not be liable for defects or limitations caused by an unforeseeable failure of the cryptocurrency issuance management system or technical limitations due to the nature of cryptocurrency.
21.8. Within the scope permitted by the applicable law, the Company shall not be liable for damages to the Customer caused by unauthorized access to the server, interruption of operations or unauthorized use of the Customer's data by a third party.
22. Governing law and jurisdiction
22.1. Disputes regarding the Agreement shall be resolved in accordance with the laws
22.2. Disputes between the Company and the Customer that arise from the Agreement shall be brought to the competent court .
23. Binding Effect
The Agreement binding upon the Parties and their respective successors.
24. Sustainability of the Agreement
24.1. If any provision of the Agreement is rendered invalid, the remaining provisions shall not be affected.
24.2. The Agreement were drawn up in English as well as in all other languages supported by the Miningcity Website. In the event of any discrepancies between the English version and any other language version, the English version shall prevail.
24.3. The Customer fully recognizes and agrees to the Agreement above as well as the specifications of the Mining Plans provided below. Prices are payable in the equivalent amount of the cryptocurrency relevant to the selected mining plan:
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ITEM
|
PRICE
(USD)
|
|
Lim
- Provided 1TH
- Type of mining machine:S9 or other mining machine
- Cryptocurrency: BTC
- electricity cost: 0.0475USD/KWH(180W)
- Period of Agreement: 360 Days
|
50
|
|
Standard
- Provided Hash rate: 6TH/S
- Type of mining machine: WhatsMiner M2 or other mining machine
- Cryptocurrency: BTC, BCH
- electricity cost: 0.0475USD/KWH(360W)
- Period of Agreement: 360 Days
|
100
|
|
Bronze
- Provided Hash rate: 12TH/S
- Type of mining machine: WhatsMiner M21S or other mining machine
- Cryptocurrency: BTC, BCH
- electricity cost: 0.0475USD/KWH(720W)
- Period of Agreement: 360 Days
|
500
|
|
Silver
- Provided Hash rate: 24TH/S
- Type of mining machine: S17 or other mining machine
- Cryptocurrency: BTC, BCH
- electricity cost: 0.0475USD/KWH(1440W)
- Period of Agreement: 360 Days
|
1000
|
|
Gold
- Provided Hash rate: 170+TH/S
- Type of mining machine:M20 or other mining machine
- Cryptocurrency: BTC, BCH
- electricity cost: 0.0475USD/KWH(2520W)
- Period of Agreement: 360 Days
|
5000
|
|
Platinum
- Provided Hash rate: 350+12TH/S
- Type of mining machine: M21S or other mining machine
- Cryptocurrency: BTC
- electricity cost: 0.0475USD/KWH(8280W)
- Period of Agreement: 360 Days
|
10,000
|