1. Service description

(1) The operator mediates between the customer and suppliers of relevant IT components, e.g. ASIC miners. In this case, the order is made exclusively in the name of and on behalf of the customer directly from the supplier. In this case, the operator assumes no warranty or guarantee for the mediated components.

(2) In addition, the operator can also act as a dealer or intermediary for the EDP components and sell the required components to the customer. In this case, the operator assumes the statutory warranty and guarantee obligations within the framework of his dealership.

(3) In addition, the operator provides space for the operation of miners in its own or rented rooms (data centers, mining farms) for customers if required. For the duration of the agreed lease, the provision also includes the technical and organizational support for the permanent operation of the devices, as well as the energy, within the agreed limits, which is required for the computing power in the decentralized cryptographic data networks.

(4) For operation, the operator guarantees 90 percent availability of the hardware via the Internet on an annual average and the provision of the required infrastructure.

Required infrastructure means:

Connections for electricity and internet
Delivery, installation, construction and commissioning of the customer's hardware at the operator's site
Installation and ongoing configuration or regular updates of the software operated on the miner, including the hardware monitoring software
Maintenance and troubleshooting of the hardware 24/7, during the customer's guarantee period to his supplier or afterwards on behalf of the customer against reimbursement of costs (hardware only without renewed costs for commissioning/spare parts exchange or software configuration/updates)
Dismantling and disposal of defective components during the warranty period
Security (24-hour surveillance - also technical)
Insurance against fire, burglary, theft, vandalism, rainwater, storm and hail damage and overvoltage and lightning strikes
(5) All technical facilities outside the operator's sphere of influence, in particular decentralized cryptographic data networks and the customer's supply relationships with the supplier with regard to the customer's end devices (miners), are expressly not part of the contract if they conclude a direct supply contract.

2. Conclusion of contract, provision of services, default

(1) The customer shall send the operator the order to order/purchase the miner in text form
specified form in relation to the product, number and total price as well as for the rental
of a corresponding place in their own or third-party data centers / mining farms if they purchase the device from the operator.

(2) He will give the operator the order to broker a miner, together with the power of attorney that the operator may negotiate with a manufacturer/supplier in the name and on behalf of the customer if the customer only wants to participate in the operator's purchasing pool and would like to benefit from the low prices. This does not oblige either party to operate the miner in one of the operator's data centers / mining farms. 

If necessary, the customer gave the operator power of attorney to place the order on behalf of the customer and to pay the purchase price to the supplier in accordance with the contract, as well as to process the delivery, including customs clearance, in the name and on behalf of the customer.

(3) The operator is entitled to accept the customer's application to conclude a contract within a period of 14 days after the customer has sent the order. The operator accepts the order in text form to the address or e-mail account specified by the customer.

(4) The operator sends an invoice to the customer together with or directly after the acceptance:   

a) the purchase price, if applicable the shipping costs including customs, import sales tax, as well as brokerage commissions (advance payment for purchase/purchase of the miner);
b) the fees for rent, energy and support due in advance for the entire contract period
and other services to operate the miners.
(5) In this respect, the contract is subject to the condition precedent of receipt of payment of this invoice amount. This condition is also deemed to have been met if the operator, waiving receipt of payment after the order confirmation, starts to carry out the order
in favor of the customer. The operator will notify the customer of the entry of the suspensive
Communicate the condition and the effective date of the contract in text form.

(6) If agreed, the customer commissions the operator with the distribution of his mining earnings to the wallet/s or accounts specified by him and on the dates desired by him. This may lead to the temporary formation of a pool of cryptocurrencies as part of the fulfillment of the contract. The operator will manage these mining earnings until the agreed due date and then bill and transfer them to the customer based on instructions. Mining income from all contractually bound customers (community) that has accumulated up to that point will always be divided and billed in proportion to the number of devices owned by a customer in relation to the total number of devices operated by the community at the time. To ensure that billing can be fair and transparent, the operator only connects new devices to the network at the end of the month at 12:00 a.m. and removes devices from customers who are leaving. The acceptance of new contracts and terminations are therefore only possible at the end of the month.

3. Prices, price adjustments

(1) The ongoing charges for rental, energy, hosting, support and security within the meaning of Section 1 (3) of this contract are based on the general price lists of the operator at the time this contract takes effect. This fee includes the running costs
for the required infrastructure, i.e. in particular electricity, rent, internet connection, insurance, service and pool fees.

The fees for the purchase of the EDP and the delivery are made before the order is placed
clarified in each case with the customer and are based on his corresponding offer
Clause 2 (1) of this contract.

(2) In the event of even a partial default in payment, the operator is entitled to stop operating the hardware without the customer's consent, without requiring a prior reminder from the standing invoice.

(3) The operator is entitled to adjust the ongoing charges to changing market conditions at most once per quarter. This also applies to significant changes in procurement costs, changes in sales tax, customs duties or procurement prices.
In the event of price increases that significantly exceed the regular increase in the cost of living (inflation within the operator's area of ​​application), the customer has the right to terminate the contract. In these cases, the operator will inform him of this in text form.

(4) An adjustment of the current fees is only permitted with effect from the end of the third quarter after the start of the contract.

4. Duration of contract, transfer of ownership, acceptance

(1) The contractual relationship with regard to the area of ​​rental, hosting and support is defined in accordance with Section
1 (3) of this contract for 24 months. Ordinary termination of the contract is excluded within the contract period. In this respect, the continuing obligation begins with the receipt of the customer's hardware by the operator, whereby the first full month must be paid for in full.

(2) For technical reasons, which were described in more detail under §2 (6), the acceptance of the contract and the associated start always takes place at the end of the month, which is based on the submission of the application and full payment according to §2 (4th ) follows. For a timely start-up at the end of the month, the operator requires that the amount according to the outgoing invoice has been received at least 3 bank days before the end of the respective month.

(3) After the end of the contract period, the customer is obliged to accept the hardware within a period of 2 weeks.

(4) In this case, the acceptance of the hardware by the customer takes place according to the following
Provisions:
a) The return shipping of the hardware is borne by the customer. The costs amount to 50 € per computer unit. The shipment is made to the address and recipient specified by the customer after the shipping costs have been received by the operator.
b) Alternatively, there is the possibility of purchasing the hardware via a dealer network from Block4you s.r.o. to sell. A corresponding purchase offer will be submitted to the customer at the end of the service agreement for rental, hosting and support. Upon acceptance of the purchase offer, contractual relationships exist solely between the customer and his buyer. The operator is not involved in this sales transaction.

5. Servicing, maintenance, repairs

(1) When issuing a service and rental contract, the operator will ensure that the hardware runs as smoothly and smoothly as possible. The customer acknowledges that it is in the nature of hardware operation that at least short-term shutdowns or disruptions can occur for maintenance and repair work, as well as disruptions caused by the weather or by third parties. This is taken into account in the guaranteed 90% availability on an annual average.

(2) Disturbances that occur through no fault of the operator or that are unavoidable for the regular maintenance and repair work do not justify termination of the contract or reduction in payment as long as the operator has taken all necessary and reasonable measures to restore trouble-free operation and these in these are remedied within a reasonable period of time so that availability is guaranteed on an annual average.

(3) Malfunctions or defects that occur outside of the operator's systems or are the responsibility of third parties are not part of the contract and therefore do not have any legal consequences for the contractual relationship. These are in particular an interruption in the power supply or the external telephone connection, i.e. accessibility via the Internet.

(4) The customer acknowledges that the server locations automatically disconnect the devices from the network for reasons of fire protection if a room temperature of 80 degrees Celsius is reached or exceeded. These downtimes are already taken into account in §1 (4). However, the operator assumes no liability for an overvoltage defect. The operator only guarantees that the devices are insured against defects caused by overvoltage. A possible deductible by the insurer or reduced performance in the event of a claim is a matter for the owner of the device, i.e. usually the customer. 

(5) For the duration of the warranty for defects within the scope of the delivery contract between the customer and his supplier, the operator will enforce the customer's claims against the supplier and install and replace components replaced by the latter as part of maintenance without additional costs for the customer.

After the warranty has expired or in the event that damage to hardware is not covered by the warranty, maintenance and repairs will be carried out in consultation with the customer after prior payment of any associated costs (material).

6. Early termination of contract and change option

(1) Both contractual partners can terminate the rental and service contract prematurely for good cause if the hardware is completely or partially shut down or has to be removed due to force majeure or interventions by third parties that cannot be averted with economically justifiable means.

(2) The operator has the right to terminate the contract prematurely if he sells the location or the company that operates the location. However, he then has to ensure that the customer does not suffer any damage as a result. He must therefore give the customer the option of continuing to operate his/her miners at another location for no more than the same costs. Or he has to ensure that the buyer of the site pays the customer a compensation payment in the amount of his initial total costs for the miner(s) including the operator fees paid by him in advance, so that the customer has the opportunity to use the same service re-purchase and install at another location.

7. Liability Provisions

(1) The operator has unlimited liability for intent and gross negligence.

(2) The operator is only liable for simple negligence - except in the case of injury to life, limb or health - if essential contractual obligations (cardinal obligations) are violated. Liability is limited to the contractually typical and foreseeable damage, but up to a maximum of EUR 3,000 per miner.

(3) Liability for indirect and unforeseeable damage, loss of production and use,
Loss of profit, lack of savings and financial losses due to claims by third parties are excluded in the case of simple negligence - except in the case of injury to life, limb or health.

(4) Any further liability than in this contract is excluded - regardless of the legal nature of the asserted claim. However, the above limitations or exclusions of liability do not apply to legally mandatory no-fault liability (e.g. under the Product Liability Act) or liability from a no-fault guarantee.

(5) Insofar as liability is excluded or limited according to paragraphs 2 and 3, this also applies to the personal liability of the operator's employees.

8. Customer Obligations

(1) The customer assures that the data he has provided is correct and complete. He undertakes to inform the operator immediately of any changes to the data provided and to confirm the current correctness again within 14 days of receipt if the operator so requests. This applies in particular to the customer's name, address, e-mail address, telephone number and bank details or wallet ID.

(2) The customer shall inform the operator immediately and without being asked in writing of any change in his business or residential address. In the absence of corresponding notification, all mailings, in particular letters relating to the termination of the contract, are deemed to have been duly delivered to the last known address and such a mailing also triggers the corresponding legal consequences, even if it does not reach the recipient (on time).

(3) The customer is obliged to regularly change his passwords for used wallets or homepage accesses that are related to this contract, as well as to keep his other access data carefully and to keep them secret.

(4) The customer is responsible for properly backing up his digital assets and storing them outside of the operator's system.

(5) The customer will check the incoming messages in his e-mail inboxes at regular intervals.

(6) The customer undertakes not to impair the functionality of the systems of the operator and his customers. Breaches of system and network security constitute breaches of contract for which the customer is liable.

(7) The customer expressly assures that the use of the services and products offered by the operator does not violate his homeland law. He is responsible for the proper taxation of the assets created through the use of the miners.

9. Conflicting terms and conditions, adjustment of the terms and conditions

(1) These general terms and conditions also apply to all future business relationships without any further express agreement. Deviating terms and conditions of the customer are not recognized. These terms and conditions also apply exclusively if services are provided by the operator without reservation in the knowledge of conflicting terms and conditions of the customer.

(2) The operator is entitled to change the service description or the general terms and conditions and other conditions. The operator will only make these changes for good reason, in particular due to new technical developments, changes in case law or other equivalent reasons. If the contractual balance between the parties is significantly disturbed by the change, the change will not be made. Otherwise, changes require the consent of the customer.
The customer has the right to object to such a change in writing within a period of 4 weeks from receipt of the change notification. If a written objection is not received within the stated period, the changes will be deemed accepted and the new terms and conditions will take effect as announced. If a customer objects in due time, the operator is entitled to terminate the contract at the point in time at which the changed conditions should have come into force.

(3) Supplementary agreements or deviating regulations must be in text form to be effective. This also applies to a change in this formal requirement.

10. Choice of law, place of jurisdiction and place of performance

(1) This contract and the entire legal relationship between the parties are subject to the law of the Czech Republic to the exclusion of the UN Sales Convention (CISG).

(2) The place of performance and exclusive place of jurisdiction and for all disputes arising from this contract between two companies is Prague, unless otherwise stated in the order confirmation.

(3) The EU data protection regulations apply according to the GDPR, which can be found in the imprint of our website and are accepted by visiting the website of the operator.

Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

 Status: 01.03.2022