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Terms & Conditions

Our Terms & Conditions outline the rules and guidelines governing your use of our platform.

By accessing our services, you agree to abide by these terms, which cover various aspects such as user conduct, privacy policies, and dispute resolution procedures.

Familiarize yourself with these terms to ensure a smooth and compliant experience on our platform.

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Our Service

Terms & Conditions

Revised as of January 5, 2024
The procurement, utilization, and access to the products, their respective websites, and the content provided are governed by the terms and conditions herein as well as by all relevant laws and regulations. We urge you to read these terms and conditions attentively. By ordering, accepting, using, or accessing the products, their websites, and/or content, you are consenting to comply with the terms and conditions outlined. Should you disagree with any of the terms or conditions, please refrain from ordering, using, or accessing any products, websites, or content. Moreover, you should contact customer support immediately to terminate your subscription if applicable.

Acceptance of This Agreement
You may express your agreement to these terms by:
Providing written acknowledgment of acceptance through the website, email, or any other form of agreement execution or activation of services.
By accepting this agreement, you affirm that you are at least 18 years of age and possess the legal capacity to engage in a contract. If you are entering into this agreement on behalf of an entity, you assert that you have the requisite authority to represent the organization, and in this context, “you” refers to said entity. Your acceptance implies adherence to all aspects of this agreement, whether read in entirety or not.
Upon your acceptance, we will treat it as a proposal to avail of our Service, which we will then evaluate, including but not limited to verifying your identity and authenticity. Should we decide to provide the Service, we will notify you of the commencement of the Service, which signifies our acceptance of your proposal.
Should we determine, at our sole discretion, that we are unable or unwilling to provide the Service, we will communicate this decision to you via email and will not proceed with your order. If payment has already been made, we will issue a full refund promptly using the same payment method you employed for the Service purchase.

Our Agreement
This document, referred to as the “Agreement,” stipulates the legal terms under which we offer any of the Services described on our website for sale to you.
In this Agreement, “you” or “your” denotes the customer consenting to these terms; “us”, “we”, or “our” indicates [Company Name] (detailed company address and registration information); “Cryptocurrency” is the internet-based medium of exchange as detailed at the provided web link, and “Coins” denotes individual units of Cryptocurrency.
This Agreement applies to any Services we provide. Ensure that you understand it fully before you proceed with any Service orders from the Site. By purchasing a Service, you are agreeing to adhere to this Agreement and other referenced documents. To finalize this Agreement, click “Register an account” on the Site. If you do not agree with these terms and conditions, you will be unable to purchase Services or access the portal for existing Services.
We recommend that you print or save a copy of this Agreement for future reference.
Refer to the most recent version of this Agreement on the Site every time you wish to purchase a Service to stay informed about the current terms and conditions. The latest revision of this Agreement was on January 5, 2024.
Please note that this Agreement is provided solely in English.

INFORMATION ABOUT US
1.1. We operate the Site test113.cloud. To contact us, please see our customer support page.

OUR SERVICES

ABOUT US 1.1. Our website, test113.cloud, is under our operation. For any inquiries, please refer to our customer support page.

SERVICES WE PROVIDE 2.1. Mining Hardware, Services, and Pool: Our offering includes specialized cryptocurrency mining hardware and software solutions, along with networking capabilities (collectively known as "Mining Hardware"). We sell access to this hardware, providing a certain level of processing power ("the Services") specified in your order. This processing power is represented by the number of calculations per second, also known as "Hashes". While there is potential for earning, it is not assured. The Mining Hardware is rented to you and other users and is also employed for our internal use.

2.2. Mining Contracts: a. Upon your agreement to these terms and our confirmation of your order, a "Mining Contract" is established, which provides you with a quota of mining computational power ("Mining Contract Capacity") for cryptocurrency mining. b. Details about the various Mining Contracts we offer are available at test113.cloud. Ownership of a Mining Contract is mandatory to use our Services and claim any mined cryptocurrency ("Product").

2.3. Mining Hardware Rental: We rent out Mining Hardware to you and other clients who hold active and valid Mining Contracts, as well as for our proprietary use. By entering into this Agreement and securing a Mining Contract, you acknowledge that you will be mining cryptocurrency at your own risk and solely for your own benefit. We pledge to make all reasonable commercial efforts to rent out Mining Hardware on your behalf, for other users, and for our use. Mining Hardware not dedicated to Mining Contracts is reserved for our own use.

2.4. Mining Output: The Mining Hardware mines cryptocurrency using computational power. We collect the mined cryptocurrency ("the Product") and distribute a share of it ("Customer Portion") to users based on the Mining Contract Capacity during the term of the Mining Contract. Distribution may be subject to maintenance or other fees as per the chosen tariff plan.

2.5. Product Distribution: The Customer Portion will be allocated to your cryptocurrency wallet ("Wallet").

2.6. Service Fee: This is the charge for your Mining Contract as outlined on our Site.

2.7. Maintenance Fees: We may impose a daily fee on your Customer Portion to fund the operational costs of the Mining Hardware, with the exact fee being adjustable based on the prior day's closing price of Bitcoin in USD as listed on www.coinmarketcap.com. We reserve the right to modify the maintenance fee with a seven-day notice.

2.8. Contract Termination: Should the Customer Portion fall below the maintenance fee for a continuous 72-hour period, we may terminate the respective Mining Contract Capacity. However, such termination can be averted if you prearrange to cover the maintenance fee when your Customer Portion is insufficient.

YOUR ACCOUNT
3.1. Account Creation and Password Security: During the service selection and payment process, it's mandatory for you to establish an account on our website ("the Account") and generate a username and password. The safeguarding of your password is crucial to protect your account from unauthorized access. You hold responsibility for any actions that occur under your account. If you suspect any unauthorized usage of your account or password, you should promptly modify your password and inform us. Should we suspect any unauthorized access to your account, we reserve the right to suspend or terminate your services and account, and we will attempt to notify you of such actions.
3.2. Cryptocurrency Wallet Management: The cryptocurrency wallet address you provide us ("Cryptocurrency Wallet") is used for transferring your earned cryptocurrency. You do not possess any ownership rights to cryptocurrencies stored by us. The management and operation of your Cryptocurrency Wallet are solely your responsibility. It is essential to secure the credentials for your wallet. Loss of access to your wallet credentials, whether through misplacement or unauthorized access, could result in the permanent loss of your cryptocurrency assets, including any transfers made to your wallet. We are not liable for any loss or malfunction related to your Cryptocurrency Wallet.

SITE USAGE Your interaction with our site is regulated by this Agreement, which may be updated periodically. It's important to review these terms regularly to stay informed about your responsibilities.

SERVICE USAGE
5.1.Service Access Requirements: To utilize our services, you must have a valid service approved by us and an active account.
5.1.1. Service Restrictions: Regulatory restrictions mean our services at test113.cloud are not available to residents of the CIS(Commonwealth of Independent States). If you are a CIS resident, please refrain from using our site. For questions regarding service usage, please reach out to our customer support at support@test113.cloud. By using our services or visiting our site, you consent to adhere to the terms and conditions within this Agreement.

5.2. Customer Verification: In providing services, we may conduct checks on your personal, public, and credit history to mitigate financial risk. This includes requests for identification or other documents to prevent fraud and money laundering, which may involve photographic ID and recent address proof. You authorize us to share your credit information with credit agencies and our affiliates.

5.3. Conducting Due Diligence: You acknowledge that you have performed due diligence and understand the risks involved in Cryptocurrency mining. Delays may occur in the availability of Mining Hardware due to rental challenges.

5.4. Hardware/Software Responsibility: You are responsible for procuring and maintaining the necessary hardware and software to access our services and ensure compatibility with our site. We are not liable for any errors or malfunctions of your hardware or software.

SERVICE PRICING

6.1. Service Prices: The prices for services listed on our site are subject to verification and can change. In case of any pricing errors discovered after you have placed an order, we will adjust your order accordingly.

6.2. Price Adjustments: Service prices are subject to periodic changes.

6.3. Value Added Tax (VAT): Service prices include the current rate of VAT as applicable in the Republic of Ireland at the time of your order. If VAT rates change between your order date and the Order Confirmation, we will modify the VAT charged to you, provided you haven't paid for the services in full before the VAT change.

6.4. Credit Card Verification: Purchases made via credit card may be subject to ownership verification and identity checks. As an anti-fraud measure, your account may be placed on hold for up to 30 days following a credit card purchase.

USAGE RESTRICTIONS

7.1. Prohibited Use: You must not use our services for any illegal, fraudulent, unauthorized, or improper activities. Your use of our services must comply with all applicable laws.

7.2. User Obligations: You agree not to: (a) access any part of our services without authorization; (b) use another user's account; (c) disrupt the provision of our services or security, or misuse the services or software in any way.

7.3. Our Enforcement Actions: If we believe you have engaged in prohibited or unauthorized activities, breached this Agreement, misappropriated our intellectual property, or otherwise violated our rights, we may without prior notice:
a. terminate or restrict your access to your account or our services;
b. suspend this Agreement or any service;
c. hold any due cryptocurrency payments;
d. inform relevant authorities, parties, or agencies;
e. deny our services to you in the future;
f. initiate legal proceedings against you.

TECHNOLOGY
8.1. Definition of Technology: "Technology" refers to the collection of computer programs, literary compositions, audiovisual creations, and any other form of expressive media that we or our suppliers publish, distribute, or exploit to facilitate your engagement with our Services. This includes our proprietary software, interface designs, and any enhancements or modifications thereof provided by us or our suppliers for service delivery.

8.2. Ownership of Technology: The rights to the Technology remain ours or our suppliers'; this Agreement does not confer to you any ownership of the Technology or any component therein. All rights, titles, and interests in the Technology remain exclusively with us or our suppliers. You are merely authorized to utilize the Technology via your account on our site and only for the duration of the Service Agreement, solely to enable your use of our Services as outlined in this Agreement. No transfer of rights under this Agreement is permissible without our explicit written approval.

8.3. Use Limitations: Copying or using the Technology beyond the scope defined here is prohibited, and no implicit or explicit licenses in any Technology copyrights, patents, or other intellectual property rights are granted to you.


PERSONAL INFORMATION USAGE We reserve the right to use your provided information to conduct background checks on your creditworthiness and legal standing, among other facets, using publicly available data. By providing us with your information, you grant us full permission to conduct such inquiries prior to accepting your service request.


USE OF YOUR ACCOUNT

9.1 You may only use the Platform for your own purposes. By using the Platform, you acknowledge and agree that you are not representing or acting on behalf of any other individual or entity.

9.2 You can only have one account.Any logins from the same IP address to different accounts will be recorded and determined as a violation of the service, which will lead to the account being blocked without the possibility of recovery

9.3 We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Website or the Service under your Account or any other use of your Username and Password.

9.4 If you do not access your account for 12 consecutive months, we may deactivate your account. You will, if possible, be notified in advance. If we are unable to reach you, or if you do not take any steps to prevent deactivation, your account balance will be voided.

9.5 We will not be responsible for any misuse of your password or account by you or anyone else

AMENDMENTS TO THE AGREEMENT

10.1. Amendment Rights: We retain the right to modify this Agreement or the terms of our Service use or the Service period for various reasons, including but not limited to changes in payment processing, customer interactions, legal regulations, the financial sustainability of the Service, or unforeseen events.

10.2. Notification of Amendments: Changes will be communicated via email or upon your next service login. You will be deemed to have received notice on the day the communication is sent or made accessible.

10.3. Consent to Amendments: Continued use of our Services post-amendment implementation signifies your acceptance of the changes. You may need to expressly agree to the updated terms to continue using our Services.

10.4. Effective Date of Changes: Amendments are effective from their stipulated date and are not retroactively applied unless specified by this Agreement or required by law.

10.5. Legal Amendments: Amendments necessitated by legal reasons will take immediate effect. We will notify you of such changes as soon as practicable.

SERVICE TERMINATION

11.1. Your Termination Rights: You may end this Agreement and any Service by notifying us, although refunds are typically not provided.

11.2. Effects of Termination: Upon termination, we will stop providing Services, and you will not be charged ongoing fees. No refunds for Service fees will be given. If termination is due to your wrongful actions or Agreement breaches, we may retain any amounts due to offset potential damages or obligations.

SERVICE FEE LIABILITY LIMITATION 12.1. Liability Exclusions: Our liability does not extend beyond the Service fee, except for liabilities that cannot be limited by law, such as for death, personal injury due to negligence, or fraud.

12.2. Suppliers' Responsibilities: Our role is reselling hashing power from our Suppliers, who retain responsibility for the Service delivery.

12.3. Risk of Service Fee: Past benefits from cryptocurrency mining do not guarantee future profits. Consider the Service Fee at risk. We do not assure you will earn cryptocurrency from our Services.

PERFORMANCE DISCLAIMERS 12.4. Non-Performance: Our inability to fulfill obligations due to unforeseen events beyond our reasonable control, despite necessary precautions and diligence, does not incur liability on our part.

12.5. Liability Disclaimers: We are not liable for losses or damages resulting from your misconduct or non-compliance with this Agreement, unauthorized access to your account, or misuse of our Services.

12.6. No Warranty: The Service is provided "as is," without warranty from us or our affiliates. We disclaim all warranties, whether express or implied. INDEMNIFICATION You agree to protect us and our affiliates from any third-party claims or liabilities arising from your negligence or breach of this Agreement, violation of laws or third-party rights, or from your Service use.

ACCOUNT BALANCE AND WITHDRAWAL

13.1 The balance of the mined cryptocurrency is determined with an accuracy of 0.00000001 values

13.2 Mined funds will be added to your balance within 24 hours of when the coins were generated

13.3 With a positive balance, for a minimum withdrawal of funds, it is necessary to have any one purchased tariff plan in order to be able to withdraw funds

13.4 The first purchase of a miner makes it possible to withdraw funds twice over the entire term of the contract, and subsequent withdrawals have a ratio of 1 to 1. That is, one contract allows for a single withdrawal of funds

13.5 The withdrawal limit on the account is displayed if all available withdrawals of funds are exhausted

13.6 You can get the opportunity to withdraw funds without restrictions on the withdrawal limit with a total investment of $ 3,200

13.7 You can withdraw your funds at any time if there are enough of them for this process

FORCE MAJEURE

14.1. Definition: "Force Majeure" refers to events outside our control, such as natural disasters, war, or changes in cryptocurrency regulations.

14.2. Our Non-Liability: We are not responsible for delays or failures in Service delivery caused by Force Majeure events.

14.3. Service Suspension: Should a Force Majeure event extend beyond six months, we may choose to discontinue the Services.

14.4. Service Allocation During Force Majeure: We may redistribute services among affected users during such events, which could

15. RESOLVING SERVICE DISPUTES
15.1. General Resolution: Both you and we agree to settle any disputes related to or arising from this Agreement (including the Services), its interpretation, its enforcement or termination, or its subject matter through mandatory, final, and binding arbitration. This means you forego the right to a judge or jury trial. Arbitration may differ from court procedures but an arbitrator has the authority to award the same damages and relief under the same terms as a court.

15.2. Arbitration Process: Any disagreement or claim (“Dispute”) related to this Agreement, whether concerning its interpretation, validity, termination, or the marketing, purchase, or usage (or lack thereof) of the Service, will be exclusively resolved through binding arbitration.

15.3. Initiating a Dispute: To begin a Dispute, you must notify us by sending an email to support@test113.cloud with the subject line “RAISING A DISPUTE,” including a detailed written description of the Dispute and any relevant documents. You allow us to contact you through any communication means you've provided. This notice must be provided within 30 days of noticing the issue that led to the Dispute. Failure to notify us within this timeframe results in the forfeiture of your right to raise the Dispute.

15.4. Proposed Dispute Resolution: Within 30 days of receiving your Dispute, we have the option, but not the obligation, to offer a resolution (“the Offer”). If the Offer is unsatisfactory to you, you must formally reject it within 14 days. Failure to reject the Offer within this timeframe will be taken as acceptance, concluding your right to dispute. If we don’t make an Offer or you reject the Offer, arbitration can proceed.

15.5. Arbitration Location and Language: Arbitration will take place in English. We will select the arbitration service.

15.6. Arbitration Award: The arbitrator’s written decision will explain the reasons behind the award. This decision is enforceable in any court with proper jurisdiction and is final barring any fraud, misconduct, or legal error.

15.7. Waiver of Legal Rights: You acknowledge having read and understood this arbitration clause, agreeing to mandatory arbitration, relinquishing the right to go to court, participate in a jury trial, discovery, or a class action. Rights in arbitration may differ from those in court, including limited appeal rights.

15.8. No Class Actions: You relinquish any rights to class-wide claims or arbitration. You agree not to combine your claims with those of others or represent others in any legal proceedings.

16. OTHER IMPORTANT TERMS

16.1. Applicable Law: Disputes will be governed by Irish law, without regard to conflict of law principles.

16.2. Complete Agreement: This Agreement is the complete contract between you and us and supersedes any prior understandings.

16.3. Transfer of Our Rights: We can transfer our rights and duties under this Agreement to another entity, which will not affect your rights or our obligations.

16.4. Your Transfer of Rights: You may not transfer your rights or obligations under this Agreement without our written consent.

16.5. Third Party Rights: No one other than you has the right to enforce any term of this Agreement.

16.6. Severability: If any part of this Agreement is found unenforceable, that part will be removed and the rest will remain effective.

16.7. Waiver: Our failure to enforce this Agreement does not mean we waive our rights. Any waiver will be in writing.

16.8. Prevailing Terms: In case of conflict, this Agreement prevails over any other communications.

16.9. Survival of Terms: Terms meant to survive the termination of this Agreement will do so.