Terms and conditions

This Agreement sets out the terms of use of electronic currency sale provided by legal entity Wunderbit OÜ (14489217), Address: Harju maakond, Kuusalu vald, Pudisoo küla, Männimäe, 74626, doing business as www.wunderbit.co marketplace. Using the services of www.wunderbit.co marketplace means full acceptance of the User to this Agreement. In case of disagreement with the Agreement, User shall not perform any transactions.

By using this Site, and further by registering to use our Services, you are agreeing to accept and comply with the terms and conditions stated below ("Terms of Use"). You should read the entire Terms of Use carefully before you use this website ("Site") or any Services of this Site.

As used herein, "Wunderbit" refers to the company Wunderbit OÜ, including without limitation thereby, its owners, directors, investors, employees or other related parties. Wunderbit OÜ is a company with limited liability, incorporated under the laws of Estonia. Depending upon context, "Wunderbit" may also refer to the Services, products, Site, content or other materials (collectively, "Materials") provided by Wunderbit.

Depending on your country of residence, you may not be able to use all the functions of the Site. It is your responsibility to follow those rules and laws in your country of residence and/or country from which you access this Site and Services. As long as you agree to and actually comply with these Terms of Use, Wunderbit grants to you a personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the Site and the Services.

Wunderbit reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. You will be notified of such changes on the Wunderbit website and upon such notification, it is your responsibility to review the amended Terms of Use. Your continued use of the Wunderbit Services following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent transactions by you will be subject to these Terms of Use.

Accounts

A Wunderbit Account ("Account" or "Accounts") is an Account held by an "Account Holder" with the specific objective of exchanging digital currency (like bitcoin) and fiat currency through the Wunderbit platform.

An "Account Holder" can be any natural person who enters into an agreement with Wunderbit OU under these Terms of Use. The Terms of Use and other stipulations it refers to (such as Privacy Policy and AML Policy) relate to all rights and obligations arising from the use of this Site and the Services. Each natural person wishing to register as an Account Holder is advised to read these Terms of Use carefully and understand them before final acceptance. These Terms of Use apply as long as the respective Account is accessible through the platform wunderbit.co.

By Creating an Account to use the Wunderbit Services, Account Holders represent and warrant:

· they have accepted these Terms of Use; and

· they are at least 18 years of age, not resident of USA and have the full capacity to accept these Terms of Use and enter into transactions with Wunderbit.

You can buy bitcoins in a few minutes and sell bitcoins after creating a Wunderbit account. Wunderbit works with accounts to provide you with additional security. It also gives you a 'one-click' ordering method, which speeds up the process and helps to avoid errors. Your account is only used for these purposes.

A new Account can be created by any natural person with an e-mail address. Personal information, ID, Bitcoin wallet and a Euro bank account in the Single Euro Payments Area (SEPA) will be needed to activate an Account, other information mentioned in AML policy can be required as well. Before an Account is activated it will be validated by Wunderbit.

Conditions

· Wunderbit reserves the right to change the buy and/or sell limits on your Account as we deem necessary.

· Account Holders are responsible for maintaining the confidentiality of their Account information and for all activity including Transactions that occur under their Account.

· Account Holders agree to provide Wunderbit with accurate, current and complete information as prompted by the Create Account process.

· The Account Holder provides the IBAN bank account number on which Wunderbit can payout the Bitcoins that are sold.

· Account Holders also provide the bank statement from the bank account to assure Wunderbit can transfer the payout to their bank account.

· Account Holders will provide one of their wallet Bitcoin addresses to Wunderbit where Wunderbit can send or return Bitcoins to the Account Holder (Bitcoin Return address).

· Wunderbit cannot be held responsible for the loss of bitcoins resulting from an Account Holder not being able to access their personal wallet and/or bitcoin address(es) which they provided to Wunderbit to be used by Wunderbit for sending (or returning) bitcoins to the Account Holder.

· Wunderbit will provide one specific Bitcoin address per Account where the Account Holder can send the Bitcoins that are to be sold by Wunderbit (Bitcoin Sell address).

· When buying or selling bitcoin through the Wunderbit Exchange Service, AccountHolders are buying from, or selling to, Wunderbit directly. Wunderbit does not act as an intermediary or marketplace between other buyers and sellers of bitcoin. The Exchange Service is subject to the Wunderbit "Reference Price". "Reference Price" means the liquidity adjusted price of a given bitcoin amount in terms of local currency as quoted on the Wunderbit Site. The "Reference Price" is stated either as a "Buy Price," the price in terms of local currency at which you purchase bitcoin from Wunderbit, or as a "Sell Price," the price in terms of local currency at which you sell bitcoin to Wunderbit. For the purpose of any transaction which incorporates the "Reference Price", you agree, as a condition of using the Wunderbit exchange services, to accept the "Reference Price" as the sole conversion metric.

· Account Holders acknowledge and agree that the bitcoin price is based on the Wunderbit Reference Price. Volatile market conditions and API delays can affect the Reference Price, both positive and negative, for which Wunderbit cannot be held responsible.

· Account Holders also acknowledge and agree that the payment in relation to the transaction may be delayed due to the availability of banking systems.

· Due to the inherent nature of the Bitcoin network, Account Holders also acknowledge and agree that sending or returning Bitcoins to their Account may take between one (1) hour and twenty-four (24) hours, barring unforeseen or unavoidable network issues.

· Wunderbit reserves the right to abort a transaction at any time and to return received payments or Bitcoins to the Account Holder. Bitcoins are only returned after Wunderbit received at least 6 transaction confirmations.

Due to Blockchain technology specific, by registering an Account, the Account Holder acknowledges and agrees that:

virtual currency is a high-volatile substance and in order to request any transaction, an Account Holder must have all necessary skills, knowledge qualification and experience.
Account Holder’s all information, including Wallet public keys is truthful, complete, accurate and up to date.
all the Account Holder’s successful Transactions are final and cannot be reversed due to Blockchain specific.
all of the Account Holder’s claims regarding their Wallets balances, Transaction material errors (e.g. double payments or wrong amount), wrongful Virtual currency delivery, defective data and/or services, volatility in the price of the Virtual currency or fraud shall be the Account Holder’s responsibility, unless such debit, error or fraud was a direct result of a serious fault or gross negligence on the part of Processor.
the Processor has the right to request from the Account Holder an electronic format certain identity information regarding Account Holder’s as well as the necessary documents and materials allowing for the verification of that identity, so that the Processor may fulfill any current and future compliance obligations (e.g. under anti-money laundering and counter-terrorism financing legislation) it may be confronted with and the Account Holder warrants and undertakes to fulfill such request in good faith and within the timeframe indicated by the Processor.
the Processor shall have the right to request additional information regarding certain individuals if competent authorities require such information.

Services

Our Services consist of facilitating the buying and selling of digital currencies such as Bitcoins and their use to purchase goods in an international open payment system. Wunderbit does not keep or manage any Bitcoin wallets and/or Euro deposits. It is our policy to comply with applicable laws and regulations regarding AML and identity verification (know your customer / KYC procedures), and to detect and prevent the use of our Services for money laundering or to facilitate criminal or terrorist activities. Accordingly, the Company has implemented an Anti-Money Laundering and Identity Verification Policy: AML Policy.

For the avoidance of doubt, we do not provide any investment advice in connection with the Services contemplated by these Terms of Use. We may provide information on the price, range, volatility of digital currencies and events that have affected the price of these, but this is not considered investment advice and should not be construed as such. Any decision to purchase or sell digital currency is your decision and we will not be liable for any loss suffered.

Wunderbit is a stand-alone digital currency exchange business, where you deal directly with Wunderbit (as opposed to an exchange market where you deal directly with other buyers and sellers). The costs for a transaction through the Wunderbit platform consist of a service fee and a bank fee. These fees are clearly specified on the Buy and Sell pages and are presented well in advance of initiating your order. Bitcoin is a digital non-returnable and non-refundable product for which you lose your right of withdrawal. Wunderbit is an exchange for European consumers (individuals) and is in principle not obliged to make an invoice.

Buy bitcoins: via online instant payment service

Wunderbit supports various international online instant payment services.

· A buy transaction is initiated after your payment notification has been received from our payment service provider and is processed by Wunderbit. The Bitcoins will be sent to the Bitcoin Return address of your wallet after finishing the buy transaction (usually within minutes).

· The bitcoin price for your transaction will be locked in for a short period, so you know exactly how many bitcoins you will receive. If your payment takes more than the lock-in period to finalise, your bitcoin price will be updated with the Wunderbit Reference Price at the time of receiving your payment signal. In that case, the final amount of bitcoins sent to your wallet may differ slightly.

· The minimum and maximum transaction sizes depend on the status (verification level) of your Account and are visible after you have submitted your Account Questionnaire on the Profile page.

· For testing purposes, Wunderbit also supports a special test transaction size (with a fixed transaction fee as specified on the Buy page).

Buy bitcoins: via SEPA Euro bank transfers

When buying bitcoins by SEPA bank transfer, you acknowledge and agree to accept:

· That you will be provided with the details of the Wunderbit bank account after all necessary information for verification.

· SEPA bank transfers are processed daily after receiving a notification from our bank of your transfer. Expect a lead time of one to three working days between your bank transfer and receiving the Bitcoins in your wallet.

· Initiate your SEPA transfer from the bank account connected to your Wunderbit Account.

· Put your Wunderbit Reference code in the 'comment' (sometimes called 'label' or 'reference') field of the bank transaction.

· Only transfer Euro amounts within the limits of your Wunderbit Account.

· The minimum SEPA transfer is equal to the test transaction amount and the maximum depends on the verification level of your Wunderbit Account.

· During the first time after creating a New Wunderbit Account, the maximum Buy transaction size per day is limited.

· After your SEPA bank transfer, it usually takes 1-3 working days to show on our bank account.

· Once our bank confirms your transfer, we initiate a buy transaction and the bitcoins will be sent to your wallet.

· The estimated amount of bitcoins on the Exchange page is based on the actual price at that moment.

· The final amount of bitcoins you receive will differ from the estimate as the Bitcoin price is determined when your order is actually traded.

· The final exchange selection will depend on the market situation and exchange availability at the time your buy transaction is processed.

· When your bitcoins are sent to your wallet you will receive a confirmation email with the financial transaction details.

· Bank transfers not in line with these terms will be returned (after deduction of bank costs).

Sell Bitcoins

· If you initiate a Sell transaction through the form on the Exchange page, the bitcoin price for your transaction will be locked in for a short period, so you know exactly what your payout will be. If your transaction takes more than the lock-in period to finalise, your bitcoin price will be updated with the Wunderbit reference sell price at the time of receiving your bitcoins.

· There is a minimum Bitcoin sell transaction size and a maximum daily Bitcoin sell volume limitation per bank account. When Wunderbit receives a Bitcoin deposit from an Account Holder with a Bitcoin volume below the minimum size or above the daily limit, the Bitcoins are automatically returned to the Bitcoin return address of the Account. In this case, the returning Bitcoin volume will be reduced with a small administrative fee (fraction of a Bitcoin). When the return volume is less than the administrative fee, there are no Bitcoins returned.

· The current minimum sell transaction sizes and maximum daily volume depend on your verification status and are visible after submitting your Account Questionnaire on the Profile page.

· After receiving and trading your Bitcoins (at least 3 confirmations required), Wunderbit initiates payout to your bank account on working days at 12:00 (CET).

· Depending on the bank the payment is available on the Account Holder's bank account the same day, next working-day or the working-day after that.

Liability

All Services are provided without warranty of any kind, either express or implied. We do not represent that this Site will be available 100% of the time to meet your needs. We will strive to provide you with the Services as soon as possible but there are no guarantees that access will not be interrupted, or that there will be no delays, failures, errors, omissions or loss of transmitted information. We will use reasonable endeavours to ensure that the Site can normally be accessed by you in accordance with these Terms of Use. We may suspend use of the Site for maintenance and will make reasonable efforts to give you notice. You acknowledge that this may not be possible in an emergency.

Account Holders represent and warrant that they are the legitimate owners and are allowed to use all Bitcoins of the Transactions being carried out and do not infringe the rights of any third party or applicable laws. To the extent permitted by law, Wunderbit will not be held liable for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of these Terms of Use by Wunderbit. Wunderbit cannot be held liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any reason our Services are unavailable at any time or for any period.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Subject to the foregoing, Wunderbit' aggregate liability in respect of claims based on events arising out of or in connection with use of the Services, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the amount of the Transaction(s) that is (are) the subject of the claim less any amount of Commission that may be due and payable in respect of such Transaction(s).

Termination

Your agreement with Wunderbit may be terminated without reason by either party following settlement of any pending Transactions. Such termination will be effective when the terminating party receives the acknowledgement in writing of its notice to terminate from the other party. Such termination shall not affect the obligations or rights of either party under these Terms of Use which had accrued prior to the notice of termination, nor the Transactions and its related obligations and rights concluded before such termination was effective.

You also agree that Wunderbit may, in its sole discretion terminate your access to the Site and to your Account, including without limitation, our right to: limit, suspend or terminate the Services and close Accounts, prohibit access to the Site and its content, Services and tools, delay or remove hosted content, and take technical and legal steps to keep Account Holders off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of these Terms of Use. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another Account Holder’s Account or providing assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Services to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by Wunderbit, acting in its sole discretion.

We also reserve the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of 6 months or more, and/or to modify or discontinue our Site or Services. Account Holders agree that Wunderbit will not be liable to them or to any third party for termination of their Account or access to the Site.

Wunderbit Commerce Merchant

The Service, a merchant partnership, will allow your business to offer virtual currencies as a payment method. The Service is not a virtual currency wallet or a place to sell or buy virtual currencies.

Wunderbit Commerce provides merchants accepting cryptocurrency payments with an option to receive payouts in fiat currencies or virtual currencies. This is decided by the merchant within their own account settings. Account verification for both payout-options is mandatory.

The Service is only for businesses that offer products and/or services for sale. All businesses using the Service must agree and adhere to this Terms of Use as well as AML policy and Privacy policy.

The refund option is not to be used for any other purpose other than to conduct refunds of specific payments back to the merchant’s customer who made the payment. Any other use of the refund option will cause a suspension or termination of the account in question.

Wunderbit Commerce Merchant Account

To use the Service, you need to sign up for a Merchant account. When signing up for a Merchant account, Wunderbit Commerce will make a risk assessment of the company attached to the account. The risk assessment is based on a review of the following Company Registration Documents:

Personal ID Document of The Managing Director;
Article of incorporation;
Share Structure;
Shareholder registry/Beneficial ownership documentation;
Government-issued photo ID of shareholders with +10% ownership;
Licenses (if applicable);
Proof of address from your place of business (utility bill or equivalent, no older than 3 calendar months);
Corporate bank statement (no older than 3 calendar months);
Know Your Business Form;
Resolution signed by the Director of the Company to open a corporate account at Wunderbit.

For entities providing gambling/betting, trade, investment and/or prepaid-value/e-currency products or services, the following documents need to be uploaded as a supplement to the above:

KYC documentation (document describing the merchants internal KYC procedures);
AML documentation (document describing the merchants internal AML procedures).

Note that Merchants incorporated outside the EU will be required to provide certified translations of the aforementioned documents.
If approved, the KYC and AML documentation will give access to the Wunderbit Commerce’s Withdrawal Solution, if relevant for and requested by the merchant.

To be accepted for the Service, Wunderbit Commerce can request additional Documents if needed.

Wunderbit Commerce Transaction Limits and Monitoring

Once you complete the merchant account set-up and get approved and verified by Wunderbit Commerce, you will be able to start receiving payments in virtual currencies. During the onboarding of your business and as part of our KYB procedure, you are required to submit the expected yearly transaction volume and the expected maximum amount of a single payment using the Service.
Wunderbit Commerce imposes transaction processing limits on single payments and on the annual volumes for all merchants according to the answers provided during the onboarding of your business.

When a merchant accepts a single payment via Wunderbit Commerce for €10.000 or above, additional information on the client and the transaction shall be forwarded to Wunderbit Commerce upon request from Wunderbit Commerce.

This compliance check may include, but is not limited to, information on the background and purpose of the specific transaction, KYC documentation on the client making the payment/sending the virtual currencies such as a copy of the client’s official ID and, if deemed necessary, source of funds documentation for the payment received (including bank statements /salary slip / saving details / source of BTC).

The merchant agrees to cooperate with Wunderbit Commerce and provide the requested information and documentation on transactions of €10,000 or above.

If Wunderbit Commerce is notified of a material change in the transaction pattern of the merchant or when a merchant exceeds the expected yearly transaction volume, we will ask for additional information and/or documentation.
This compliance check may include, but is not limited to:

Information on how your line of business has changed
Documentation on how your business conducts KYC and AML procedures

This information needs to be reviewed and approved by Wunderbit Commerce. Once approved, you will be able to process larger transaction volumes.

At any time, Wunderbit Commerce reserves the right to decline transactions that are under suspicion of not being compliant with these Terms of Use and/or Wunderbit AML Policy.

Wunderbit Commerce Eligibility

By accepting these Terms, you acknowledge that:

You have/represent a registered business within the business area in accordance with Wunderbit AML Policy;
The markets where you operate and want to use the Service are not affected by the FATF/OFAC sanctioned countries.