General business terms

Warning:

Your use of https://fimacrypto.com/ (from now: Site) indicates your acceptance and agreement with these Terms.

1. DEFINITIONS

• “Asset management” – exchange (office)
• “Administrator” – manages asset management, that is FIMA
• “Client” – asset management user
• “Cryptocurrency” is a digital asset used as a medium of exchange using cryptographic algorithms to perform financial transactions, control the creation of additional units and verify the transfer of funds.
• “Fiat currency” is money issued by a country’s central bank or monetary union and is legal tender.
• The platform is FIMAPlus, FIMA Change and FIMA Pay
• “Exchange Period” is when the exchange rate is guaranteed to remain the same.
• “Site / Platform / FIMA Exchange” refers to the Internet pages and related communication channels through which FIMA operates.
• “Harmful software” means computer viruses, spyware, scareware, Trojan horses, worms or other malicious programs that may affect your computer or other equipment.
• “Exchange Rate” is the rate at which cryptocurrencies are exchanged for fiat currencies, fiat currencies for cryptocurrencies and cryptocurrencies for cryptocurrencies, and is valid for the exchange period. An exchange rate is determined for each transaction.
• “Service” is the service FIMA provides for exchanging cryptocurrency for fiat currencies and vice versa and for exchanging one cryptocurrency for another cryptocurrency on the platforms: FIMAPlus, FIMA Change and FIMA Pay according to the terms and conditions of these Terms.

2. CONTRACT

2.1. By accessing or using the Service, filling out the transaction form and/or using the Platform in any other way, you have entered into a business relationship agreement with FIMA in the sense of the provision of paragraph 1 of Article 4 of the Law on Prevention of Money Laundering and Financing of Terrorism (Official Gazette 108/ 2017 and 39/2019). and you agree to comply with these Terms and all related agreements and policies.

2.2. Each time you access or use any Service, you agree to be charged a fee as outlined in these Terms or otherwise on the Site. By completing the transaction, you confirm that you understand, agree and undertake to pay the cryptocurrency fee and exchange rate for fiat currencies and vice versa for other cryptocurrencies.

2.3. FIMA reserves the right to amend these Terms at any time by posting the amended Terms on the Site. Changes take effect immediately upon publication. If you continue to access or use the Website or Services after the amended Terms were posted, you agree to be bound by them. If you disagree with the amended Terms, you must cancel your FIMA transaction and stop using the website and its Services. The valid version of these Terms and Conditions is available at https://fimaplus.com.

2.4. You further agree that we may (a) modify or discontinue any part of the Services and (b) suspend or terminate your access to the Services at any time without notice. You agree that Fima will not be liable to You or any third party for any modification and/or cancellation of the Services or suspension or termination of Your access to the Services, except to the extent expressly provided otherwise.

2.5. By accessing or using the Services, you declare and warrant that you have the ability and/or consent to enter into a contract based on these Terms.

2.6. Terms used that are not otherwise defined in the context are described at the end of these Terms. For all terms not defined in these Terms and Conditions, their standard meaning in the same or similar transactions or Internet jargon will be considered authoritative.

3. ASSET MANAGEMENT SERVICE

The Service is provided under these Terms

On the Platform, you can initiate a cryptocurrency exchange transaction for fiat currency, a fiat currency exchange transaction for cryptocurrency, and exchange one cryptocurrency for another. You accept that the moment of transfer of risk and the moment of irrevocability is the moment of confirmation of the execution of the transaction by the users.

All transactions are subject to verification. “Administrator” reserves the right to accept or reject the proposed transaction for any reason without explanation.

Steps:

• Client Registration
  • When registering, the client fills out the web form (see Chapter 5.), provides a copy of the identity card, and confirms that he has read the general terms and conditions of the business and agrees with them.
  • The client will receive an e-mail asking him to fill in the data for in-depth analysis and return it signed to us

  • The administrator then identifies the client and performs due diligence. If accepted, the administrator approves/activates the client, and the client can start using asset management.

• Order for the payment of funds
  • Through asset management, the client places an order that he wants to deposit funds into his account and receives information for the payment.

  • When the money is on the “administrator’s” IBAN, the “administrator” sends the money to the stock exchange, and when the money is on the stock exchange and ready for trading, the client registers the payment. The client sees it on his account within three working days from transferring the funds.

• Order for payment of funds
  • Through asset management, the client places an order that he wants the funds to be paid out and gives his bank account (IBAN) to which he wants it to be paid out.
  • The “administrator” withdraws funds from the stock exchange to his IBAN, and when the funds are deposited in his IBAN, he pays the client within three working days from the day the client placed the order.
• Buying cryptocurrencies
  • The client can buy cryptocurrencies for the money he has in his asset management account seven days a week and twenty-four hours a day.
• Sale of cryptocurrencies
  • The client can sell cryptocurrencies in his asset management account seven days a week and twenty-four hours a day.
• Withdrawal of cryptocurrencies to a private wallet
  • The client can withdraw the cryptocurrencies in his/her asset management account seven days a week and twenty-four hours a day.
  • The client is responsible for the correctness of the wallet address to which cryptocurrencies will be sent.
  • The client bears the cost of sending cryptocurrency.
• Sending cryptocurrencies to the FIMA wallet
  • The client sends cryptocurrencies to the asset management account.
  • The administrator posts the client’s cryptocurrencies to his account.
• The Service is charged for the purchase, sale and exchange of cryptocurrencies.
• Cryptocurrency exchange transaction mechanism (send cryptocurrency, receive another cryptocurrency)
• To initiate a cryptocurrency exchange transaction, you will need to:
  • Request cryptocurrency transfer to the FIMA wallet under the exchange rate,
  • specify the wallet where the other cryptocurrency must be stored,
  • confirm your transaction and enter your e-mail and data from art. 5 Conditions.
  • Once you confirm a transaction, you cannot reverse it.
  • Upon receipt of a certain amount of cryptocurrency, we will pay the amount of the other cryptocurrency according to the exchange rate, minus the fee, to the recipient’s account.
  • We will inform you about the successful transfer of cryptocurrency to the wallet and the validly completed transaction.

• Additional services

If the client wants FIMA to keep his cryptocurrency in an external wallet, he can enter into a custody agreement with FIMA.

You can see the fees for our services in the table at the end of this page.

4. RISKS

4.1. You are responsible for ensuring that the recipient account or wallet belongs to your intended recipient. If FIMA cannot deliver a specified fiat currency to a specified account or cryptocurrency to a specified address, the transaction will be suspended, and FIMA will not be liable for any depreciation of the fiat currency or cryptocurrency.

4.2. If FIMA terminates the transaction for any reason, FIMA’s only obligation is to return the nominally equal amount received based on the cancelled transaction, except when the transaction is irrevocable under these Terms.

4.3. We reserve the right to refuse, process or cancel any pending transaction if required by law or court order or other request by a competent authority.

4.4. FIMA cannot reverse any transaction transmitted and verified by the blockchain, i.e. cryptocurrency network.

4.5. Cryptocurrency transfer may not be instantaneous. After you send your cryptocurrency transfer request to FIMA, or FIMA delivers our cryptocurrency transfer request to your wallet, the transfer will not be confirmed for a specific period. The pending transfer is incomplete. Cryptocurrencies associated with pending transfers will not be included in your balance or available for transactions.

4.6. The risk of loss from holding cryptocurrencies can be significant: the price or value of cryptocurrencies can change rapidly, decrease and possibly even fall to zero. After you confirm a transaction, the exchange rate may change during the transaction period. FIMA will not be responsible for the exchange rate change, and by accepting these Terms and Conditions, you expressly and irrevocably agree that changes in the cryptocurrency exchange rate while the transfer is in progress are not the responsibility of FIMA.

4.7. Transferring fiat currency from a bank account may take time. After

Your bank receives a request to transfer fiat currency to FIMA; the transfer will not be confirmed for a certain period. The pending transfer is incomplete. Fiat currencies associated with pending transfers will not be included in your account balance or available for transactions.

4.8. You accept the risk that the transaction may be delayed for any reason, force majeure, inability to operate the computer system, internet, etc., and you accept and acknowledge that FIMA is not responsible for any damages or actions resulting from or related to such delay.

4.9. FIMA is not responsible for possible non-fulfilment of obligations that would be the result of circumstances over which it did not have or could have influence, such as sudden break of operation of a particular crypto exchange or a crypto brokerage, sudden changes in the financial market and the like.

5. TRANSACTION APPLICATION

5.1. To use any of the Services, you must enter the necessary information on the Platform or provide it to us directly through one of the contact channels of the Platform.

5.2. If you are a natural person, to make a transaction, you will be asked to enter some or all of the data:

• full name; and last name
• residence;
• e-mail address;
• day, month and year of birth;
• Personal identification number for the person who has it
• identification and verification of your wallet or account from which you will transfer cryptocurrency or fiat currency;
• copy of identity card, passport or other identification document;
• statement on the origin of funds;
• political exposure statement;
• the purpose of the announced transaction
• name and surname of the beneficial owner if it is a legal entity
• the country of residence of the beneficial owner if it is a legal entity
• day, month and year of birth of the beneficial owner if it is a legal entity
• citizenship of the beneficial owner if it is a legal entity
• order form;
• mobile phone number
• other information that we may request from time to time.

If it is a legal entity, then enter the following information:

• name and legal form
• headquarter
• identification number
• name and surname of the legal representative or attorney (further: legal representative)
• her or his residence
• day, month and year of birth
• identification number
• the issuing state of the identification document of the legal representative
• the activity of a legal entity
• the purpose of the announced transaction
• statement on the origin of funds;
• name and surname of the beneficial (actual) owner
• country of residence of the beneficial (real) owner
• day, month and year of birth of the beneficial (actual) owner
• her or his citizenship
• the mobile phone number for the contact
• statement on the political exposure of persons

All information you provide must be complete and accurate in all respects. You must update the information provided to FIMA immediately. All information you provide is subject to FIMA’s review and confirmation by our independent associates. You authorize FIMU to, directly or through third parties:

(i) Carry out all steps it deems necessary to confirm your identity and/or the provided data,

(ii) request and obtain any part of the report about You, Your rating or similar data relating to You and take whatever action it reasonably deems necessary based on the results of such inquiries and information, including cancelling the transaction, which shall not be considered to be the fault of FIMA.

You can read more about the above in the Privacy Protection Terms document. All personal data you provide is subject to storage by FIMA for the period regulated by law (or any other period that FIMA

can determine to comply with good business practice), and the same is archived with record keeping. FIMA may be prohibited from providing services or dealing with specific individuals and entities under enforcement regulations. If FIMA is required to block assets related to your transaction under our internal acts or other mandatory regulations, we may:

(i) Block the User’s activity,

(ii) Block and hold cryptocurrency or fiat currency sent to us as determined by the relevant authorities, or (iii) take other or similar steps necessary to effectuate the protection of FIMA or third parties in good faith. FIMA is not responsible for any losses, direct or indirect, that may arise as a result of our compliance with applicable laws, guidelines or instructions of any regulatory body or other competent government body or any letter, lien, fee, court order and the like if the same regulated by valid regulations or acts. Due to the many factors involved in our evaluation of a transaction, we reserve the right to refuse any request for a proposed transaction or to limit the same for any or no reason, all in our sole discretion.

6. SECURITY AND UNAUTHORIZED USE

6.1. Only you can use your identity and account for transactions. You may not disclose your data to any other person.

6.2. You are responsible for all transactions using your data.

6.3. You are responsible for maintaining adequate security and control of all logins, passwords, tips, personal identification numbers (PINs) or any other codes you use to access or use the Services. Any loss or compromise of the above information and/or your data may lead to unauthorized third-party transactions and the loss or theft of any cryptocurrency and/or fiat currency held in any corresponding account, for which FIMA is not responsible.

6.4. FIMA is responsible for updating its e-mail address and other contact information to receive notifications or alerts about the foregoing. We take no responsibility for any loss you may suffer due to compromising your personal information or failing to comply with any notices or warnings we may send you. If you believe that an unauthorized transaction has been made, contact us immediately with the transaction details at fimaplus@fima.com.

7. TRANSACTIONS

7.1. FIMA reserves the right to set and change transaction limits at its sole discretion.

7.2. FIMA will consider the ordered transfer or transaction received from an authorised person if made from your bank account or crypto wallet. FIMA is not obliged to obtain written confirmation of any transaction instruction. FIMA will not be held responsible for unauthorised use of the User’s account or crypto wallet.

7.3. FIMA cannot suspend or modify any transaction for any reason if it has been carried out.

7.4. If the User makes a payment for a transaction within the Republic of Croatia on his behalf and for his account, s/he must do so exclusively to our bank account at Hrvatska poštanska banka d.d. number HR0323900011101074850.

8. TAXES

8.1. The transaction price is exempt from value-added tax under the provisions of Art. 40, paragraph 1, point d) of the Value Added Tax Act, but the sale or acquisition of cryptocurrencies is subject to other applicable fees and taxes under current regulations.

8.2. It is solely Your responsibility to determine whether and to what extent any tax will apply to all transactions related to Your receipt or transfer of cryptocurrency and/or transactions You conduct through the Services and to collect, report and remit the correct amounts of tax to the appropriate tax authorities. The history of your transactions is available upon e-mail request. FIMA is not authorised to advise concerning your tax obligations and excludes any responsibility if any obligation arises for you based on the basis mentioned above based on the allegations of FIMA.

9. PRIVACY

9.1. The terms of privacy protection can be found on the Site.

10. USE OF THE  SITE

10.1. Upon request, FIMA grants a limited, non-exclusive, non-transferable license, subject to these Terms, to access and use the Website and the content, materials, information and functionality available in connection with it (collectively: “Content”) solely for informational, transactional or other approved purposes. Any other use of the Site or the Content is expressly prohibited. All other rights on the Site or Content are the exclusive right of FIMA. We reserve all rights in the Site and Content, and you agree that these Terms do not grant any rights or licenses to the Site or Content, except for this explicit, limited license.

10.2. To ensure that FIMA continues to provide you with complete and accurate information, information may be changed or updated from time to time without notice, including, without limitation, information about our policies, products and Services.

10.3. The Website may occasionally contain references or links to third-party materials (including, without limitation, websites) beyond our control. We provide such information and links as a convenience. Such links should not be construed as an endorsement of those sites or any content, products or information offered on such sites, and such reference does not imply our recommendation, approval, affiliation or sponsorship of that respective property, product, service or process. FIMA is not responsible for any aspect of the information or content found in any third-party materials or on third-party websites accessible or linked to this site, including, without limitation, the content, goods or services available on linked websites.

10.4. FIMA bears no responsibility for any damage or interruptions caused by malware. We recommend regularly using reputable and readily available virus screening and prevention software. Users know that the e-mail service is vulnerable to security and phishing attacks and should carefully review those they suspect from FIMA.

11. ACCOUNT CLOSURE

11.1. FIMA is authorized to suspend, limit or terminate the provision of Services (in whole or in part) and/or block the transaction and/or the User without notifying you and without any liability under the following circumstances:

11.1.1. if required by a valid court order, judgment or decision;

11.1.2. if it is convinced or has reason to believe that your data or the Service is being used in unauthorized, illegal, inappropriate or fraudulent procedures or for criminal activities (or has already been used for those mentioned above);

11.1.3. if you take any action that FIMA considers to circumvent FIMA’s controls and verifications of the transaction or the User;

11.1.4. if you do not meet any of the conditions relating to the Services, including the conditions from these Terms;

11.1.5. if you undertake any activity that we believe may damage or affect the operation or security of the Services; or

11.1.6. for reasons beyond our control.

11.2 If a technical problem causes system errors, FIMA may temporarily suspend access to the Platform until the issue is resolved.

12. YOUR RESPONSIBILITIES

12.1. You agree to comply with these Terms and use the Services under the same and applicable regulations.

12.2. You further declare that you will not:

12.2.1. copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transmission or sale, create derivative products, perform, display, embed in another website or otherwise exploit any part of the content of the Site or its derivative work, in whole or in part, for commercial or non-commercial purposes, except as expressly stated herein;

12.2.2. link the display of the Site or any part thereof to any website or as part of any other work or Site without the prior written permission of FIMA;

12.2.3. use the Services or any device or software in any manner that could disable, overburden, damage, or interfere with the use of the Services or any other party’s use of the Service, including their ability to engage in real-time through the Services;

12.2.4. use any robot, crawler or other automatic devices, process or means to access the Services for any purpose, including monitoring or copying any material on the Site;

12.2.5. introduce any malicious software into the Website or the FIMA system;

12.2.6. attempt to gain unauthorized access to, interfere with, or damage any part of the web interface, the server on which the Website is stored, or any server, computer or database connected to the FIMA system;

12.2.7. violate or assist any party to violate any law, statute, regulation,

rule of any public body and/or organization (for example, laws and rules governing financial services, controlled substances, illegal gambling, etc.);

12.2.8. violate the copyrights, patents, trademarks or intellectual property rights of FIMA or any third party;

12.2.9. act as a payment intermediary or aggregator or otherwise resell any Services.

12.2.10. apply all reasonable measures to protect against hacker attacks.

FIMA reserves the right at all times to monitor, review, retain and/or disclose any information necessary for us to satisfy any applicable laws, regulations, legal proceedings or requests from competent authorities.

13. LIABILITY AND EXCLUSIONSJA

13.1. You agree to indemnify FIMA or its affiliated companies and persons, as well as its authorised persons and employees, contractors, representatives, licensors, and suppliers, against all claims for damages and losses, costs or fees (including reasonable attorneys’ fees ) arising out of or relating to any transaction due to Your breach of these Terms, or Your use of the Platform, Content or Services.

14. MISCELLANEOUS

14.1. These Terms constitute a legally binding contract that binds you and your legal successors. Croatian law is applied to these Terms and transactions, and the jurisdiction of the court of actual jurisdiction in Varaždin is agreed upon.

14.2. This contract is non-transferable.

14.3. Delay in exercising any rights or legal remedies based on these Terms and Conditions shall not have the effect of waiving the same.

14.4. If any arbitral, judicial or administrative bodies determine that any provision of these Terms and Conditions is invalid, the eventual nullity of such provision will not affect the other provisions of these Terms and Conditions, and all requirements that are not affected by those mentioned above remain in full legal force and effect.

14.5. You hereby warrant that any cryptocurrency or fiat currency you use in connection with the Services is your sole property or that you are legally authorized to transact using such cryptocurrency or fiat currency.

14.6. The Sites, Services and all content, features and functionality (including but not limited to all information, software, text, display, images, video and audio, and design, selection and layout) and all copyrights, trademarks and other intellectual property rights ownership therein, are the property of either FIMA or its licensors or other providers of such material. You agree that you will not exercise any rights on them. FIMA, the FIMA logo and all related names, logos, product and service names, designs and slogans are trademarks of FIMA or its affiliates. You may not use these marks without the prior written permission of FIMA. All other names, logos, product and service names, designs and slogans on the Site are trademarks of their respective owners.

14.7. These Terms constitute the sole and complete agreement between You and FIMA concerning the Services and the Site and supersede all prior understandings, contracts, agreements, representations and warranties, both written and oral, concerning the Site and the Services.

14.8. All correspondence between FIMA and you will be exclusively in Croatian or English. FIMA will not respond to any inquiry or request not submitted in the languages specified in this article.