Policies

Terms and Conditions

These terms and conditions (https://paybis.com/policies/terms-of-service/) govern your use of service provided by PAYBIS LTD, a private company limited by shares incorporated on 28 April 2016 (company number SC533961) whose registered office is at 1 West Regent Street, Glasgow, Scotland, G2 1RW and its branch, PAYBIS LTD Latvia filiāle, incorporated on 31 July 2020 (company number 40203252348) whose registered office is at 2-29 Jēkabpils Street, Riga, LV-1003 (both together hereinafter in the text referred to as “Paybis”). 

Paybis provides services in the exchange of fiat currency for cryptocurrency, and cryptocurrency for fiat currency (hereinafter in the text referred to as “Exchange Services”) as well as custodian cryptocurrency wallet services enabling you to hold, store, transfer, and manage your balances of supported cryptocurrencies (hereinafter in the text referred to as “Custodian Wallet Services”) (hereinafter both together in the text referred to as “Services”). 

The Services are available via Paybis platform (hereinafter in the text referred to as “Platform”) exclusively. The Platform is a partially automated online system located on https://paybis.com/ (hereinafter in the text referred to as “Website”) and on the Paybis app (Paybis: Buy Bitcoin instantly). By accessing the Platform and using the Services, you agree that you have read, understood, and accepted all of the terms and conditions of Paybis. 

Paybis has the right to unilaterally change and modify terms and conditions at any time. Such changes and modifications will become effective upon publication on the Website (https://paybis.com/policies/terms-of-service/). Accessing the Platform and using the Services constitutes your acceptance of the terms and conditions published on the Website at the moment of accessing the Platform. If you do not agree with the terms and conditions of Paybis published on the Website, you must stop accessing the Platform and using the Services immediately. The continued use of Paybis Services, after any amendment to these Terms, constitutes your acceptance of the amended Terms. 

1. Definitions

“You / your” or “the Customer” means a natural (physical) person who has agreed to all terms and conditions of Paybis, as well as other relevant policies, and uses the Services available on the Platform.

“Your Account” means an account created by you on the Platform. You may create only one account. By using Your Account, you agree that you will use the Services only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs on Your Account. Paybis may, at its sole discretion, refuse to open an account for you, or suspend or terminate any existing account. 

“Your Wallet'' means your cryptoasset wallet which is generated on Platform by Paybis, at your request. 

“Stored Cryptoassets” means cryptoassets that you store in Your Wallet. The ownership of the Stored Cryptoassets remains with you. Paybis may not borrow, sell, transfer, loan, encumber or pledge the Stored Cryptoassets without your consent, except when Paybis is required to do so by the relevant regulations. You bear all risks of the Stored Cryptoassets as the owner of the Stored Cryptoassets.

“Order” means (i) purchase of cryptocurrency by you from Paybis via the Platform; or (ii) sale of cryptocurrency to Paybis by you via the Platform; or (iii) your initiated deposit of cryptoassets to Your Wallet; or (iv) your initiated withdrawal of the Stored Cryptoassets to another public blockchain address. Each Order within the meaning of Point (i) and (ii) of the present Paragraph is a two-party transaction involving only Paybis and you.

2. Main principles for provision of the Services

Paybis reserves the right to request additional information and documents from you if required by applicable law and Paybis’ internal procedures. If you do not provide the requested information or documents, Paybis may limit your access to the Platform.

The list of available cryptoassets may change without prior notice. 

Paybis does not provide the Services to legal (juridical) persons / entities.
Paybis does not store, safeguard, or administer fiat currency on behalf of you.

Paybis does not provide financial/investment advice to you. Paybis is not a bank. Cryptocurrencies are highly volatile assets, which means their price can move from extreme highs to extreme lows and vice versa within a short period of time. 

All information provided by you during the use of the Services will be treated in accordance with our Privacy Policy.

3. Processing of Orders

  • Note for the Customers paying with cards issued in the EEA and Turkey: Paybis will process your Orders through its Latvian branch, PAYBIS LTD Latvia filiāle.

  • Paybis is not responsible for delays or failures in the handling of orders arising as a consequence of any problems in the telecommunications, computer and other systems; block or closure of the accounts, freezing or holding of funds, denial of service; change of political regimes, civil strike; and actions of third parties, which are beyond the control of the Platform.

  • An Order is considered to be completed when: (i) Paybis makes a transfer of the required cryptocurrency amount to the cryptocurrency wallet of you (if you purchase cryptocurrency); or (ii) Paybis makes a transfer of the required fiat amount to your indicated account (if you sell cryptocurrency); or (iii) you receive the required amount of cryptoassets to Your Wallet; or (iv) the required amount of cryptoassets are transferred to another public blockchain address indicated by you. 

  • Paybis may charge a fee for processing of the Order. You will be informed of the applicable fee before authorizing the Order.

  • In case of withdrawal of the Stored Cryptoassets, Your Wallet must have sufficient balance for the order to be processed, including any fees applicable.

  • If you provide inaccurate or false information while filling out the Order (including but not limited to a bank account number that belongs to a third party), which later proves to be the reason why the Order cannot be completed, the fees associated with the Order refund shall be borne by you.

  • The return of the transferred funds is not possible after the Order is completed.

  • If the amount of cryptocurrency received is different by more than 20% from the amount indicated in the Order, Paybis may unilaterally reject the Order.
  • Due to the volatile nature of cryptocurrency markets and the fact that prices can fluctuate significantly, there may be instances where the price of cryptocurrency amount has moved between the time an Order is submitted and the time when the Order is processed. Instances like this are rare, but may happen. If the cryptocurrency amount to be sent to you differs by more than 2% between the time the Order is submitted and the time the Order is processed, Paybis reserves the right to reject the transaction and contact you to inform you about the new amount of cryptocurrency to be paid out. You have the option to either withdraw or proceed with the transaction at the new rate.
  • In the implementation of the return, all commission costs for the cryptocurrency or fiat money transfers are deducted from the funds received from you.

  • Paybis reserves the right to temporarily hold the funds transferred to it from you if there are attempted attacks on the server, as well as any attempts of hacking and cheating scripts of the Website. The funds will be returned to you via the same method of payment upon request.

  • By using the Services, you agree that the liability of the Platform is limited to the funds received from you for the execution of the Order. The Platform does not provide additional warranty and assumes no additional liability to you.

  • Paybis reserves the right to refuse to process or to cancel any pending Order.

4. Liability and Indemnification

  • Paybis undertakes to make reasonable efforts to ensure that Orders are processed in a timely manner, but Paybis makes no representations or warranties regarding the amount of time needed to complete processing, which is dependent upon many factors beyond the control of Paybis.

  • The Services are provided on an "as is" and "as available" basis without any representation or warranty, whether express, implied, or statutory. Paybis does not guarantee that any Order will be accepted. You hereby understand and agree that Paybis shall not be liable for any losses or damages arising out of or relating to: (i) any inaccuracy, defect, or omission of cryptocurrency price data, (ii) any error or delay in the transmission of such data, or (iii) interruption in any such data.

  • To the maximum extent permitted by applicable law, in no event shall Paybis, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors be liable for any lost profits, decrease in value or business opportunity, any loss, damage, corruption or breach of data, or any special, incidental, indirect, intangible, or similar damages, arising in connection with authorized or unauthorized use of the Website or the Services, or these terms and conditions, except to the extent of a final judicial determination that such damages were a result of Paybis’ fraud, wilful misconduct or intentional violation of applicable law. 

  • You agree to indemnify Paybis, its subsidiaries and affiliates, beneficiaries, owners, shareholders, members of the board, directors, representatives, attorneys, officers, managers, employees, agents, and contractors from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages connected to (i) your use of the Services, (ii) your violation of these Terms and Conditions, or (iii) your violation of other policies, guidelines or instructions of Paybis, or (iv) your violation of any applicable law, regulation, or rights of any third party during your use of the Services.

  • You acknowledge that Paybis is not liable for actions of third parties providing investment or financial advice, investment services, or other kinds of services to you through the Platform. Paybis strongly encourages you to use the cryptocurrency wallets under your direct control. Paybis cannot be held accountable if you order to send the purchased cryptocurrency to a cryptocurrency wallet outside of your control.

5. Acceptable use

While using the Services, you unconditionally agree to the following: 

  • You will not act illegal, defamatory, threatening, intimidating, or harassing;

  • You will not impersonate someone;

  • You will not disguise your location through IP proxying or other methods;

  • You will not violate, misappropriate, or infringe the rights of  publicity, intellectual property, or other proprietary rights; and

  • You will not violate any applicable law or regulation.

6. Resolution of Disputes & Applicable Law

Paybis and you agree that any disputes arising between us shall initially be attempted to be resolved by mutual negotiations. In such a case, you shall contact Paybis by sending an email describing the dispute to support@paybis.com, and Paybis shall contact you via the email that was used for registration or any other information that you provided to Paybis in order to access the Platform.

The provisions of the Services shall be governed by and interpreted in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Court.

7. Form of the Terms and Conditions

You and Paybis acknowledge that the digital form of these terms and conditions are legally equal to the terms and conditions executed in a written form and signed by both parties.

8. Third Parties

Paybis may share and transfer (including cross-border transfer) personal information about you to our third party partners in accordance with our Privacy Policy, and as prescribed by applicable law.

9. Termination Policy

Paybis reserves the right to terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.

You may terminate your account on the Platform at any time.

10. Eligibility

  • Paybis prohibits the provision of the Services in certain jurisdictions (hereinafter in the text referred to as “Restricted jurisdictions”) in accordance with our regulatory obligations.

  • At the point of registering the account, you represent and warrant that you:

    1. are of legal age to form a binding contract (at least 18 years old);

    2. have not previously been suspended from using the Services;

    3. are not located in, or is not a resident of any Restricted jurisdictions; and

    4. will not use the Services if any applicable laws in your jurisdiction prohibit you from doing so. 

  • Paybis has the right to reject your Orders and freeze the Stored Cryptoassets in Your wallets if we detect that you provided us with the false or misleading information regarding your eligibility to use our service. 

  • The list of Restricted jurisdictions for the provision of the Services includes: Abkhazia, Afghanistan, Albania, Barbados, Burkina Faso, Cambodia, Cayman Islands, Crimea, Cuba, Gibraltar, Haiti, Hawaii (state of the US), Iran, Iraq, Jamaica, Jordan, Mali, Morocco, Myanmar, New York (state of the US), Nicaragua, North Korea, Northern Cyprus, Pakistan, Palestine, Panama, Philippines, Russia, Sahrawi Arab Democratic Republic, Senegal, Somalia, South Ossetia, South Sudan, Sudan, Syria, Turkey, Uganda, Yemen, the United Arab Emirates.

  • The list of Restricted jurisdictions for the provision of the Custodian Wallet Services includes: Alabama (state of the US), Alaska (state of the US), Arkansas (state of the US), Connecticut (state of the US), Florida (state of the US), Georgia (state of the US), Idaho (state of the US), Iowa (state of the US), Kentucky (state of the US), Louisiana (state of the US), Massachusetts (state of the US), Mississippi (state of the US), Nebraska (state of the US), Nevada (state of the US), New Jersey (state of the US), New Mexico (state of the US), North Carolina (state of the US), Ohio (state of the US), Oklahoma (state of the US), Oregon (state of the US), Puerto Rico, Rhode Island, South Dakota (state of the US), Vermont (state of the US), Washington (state of the US), West Virginia (state of the US).

  • Disclaimer for the Customers from selected US states and territories:

    1. Alabama, Alaska, Florida, Louisiana, Nevada, New Mexico, Puerto Rico, Vermont, Washington. Paybis does not and will not accept fiat-to-crypto Orders from the Customers residing in the above-mentioned US states and territories involving the following cryptocurrencies: Axie Infinity (AXS), Binance Coin (BNB), Chiliz (CHZ), Holo (HOT), SushiSwap (SUSHI), Terra (LUNA), and TRON (TRX).

    2. Paybis will reject such Orders if we detect that you performing them are a resident of the above-mentioned US states and territories.

    3. Texas. While customers from Texas are allowed to submit fiat-to-crypto Orders (e.g. Credit Card to Bitcoin) or crypto-to-fiat Orders (e.g. Bitcoin to Credit Card) on Paybis, there are some restrictions that apply: 1) Paybis does not and will not accept Orders that involve stable coins (i.e., Tether) from the Customers from Texas; and 2) Paybis will reject such Orders if it is detected that you performing them are a resident of Texas.

11. Additional agreement for customers from certain US states and territories

The Customers from Alabama, Alaska, Florida, Louisiana, Nevada, New Mexico, Puerto Rico, Vermont, and Washington who want to use Cryptocurrency Exchange services are additionally required to read and accept Zero Hash LLC Services Agreement to be able to use the Services.

12. Refund Policy

Please see the detailed refund policy here: Refunds.

13. Complaints Policy

Paybis will always strive to provide an efficient and professional service, and will aim to provide prompt, courteous, and informative advice in respect of every communication received.

You have the right to complain about the Services. The complaints should be communicated to Paybis by sending an email to complaints@paybis.com. Paybis undertakes to deal with each complaint and issue a response within 15 days of the initial complaint. Paybis records and analyses all complaints in order to improve the Services.

14. Language clause

These Terms and Conditions may be translated into the other languages as well in order to facilitate their understanding by customers. Notwithstanding this translation, it is expressly agreed between the parties that in the event of a dispute, only the English version of these Terms and Conditions shall be binding between the parties.