Terms and Conditions of PhotonFlux s.r.o.
1. INTRODUCTION
1)
These Terms and Conditions (“Terms”) govern the provision of services by PhotonFlux s.r.o., a company incorporated under the laws of the Czech Republic.
2)
PhotonFlux s.r.o. (hereinafter also “PhotonFlux”) is registered in the Commercial Register maintained by the Municipal Court in Prague, with registered office at Cimburkova 916/8, 130 00 Praha 3-Žižkov, Czech Republic, Identification No.: 21032769, entered in the Register of Persons Carrying Out Activities in the Field of Virtual Assets under number [insert CNB/FAU registration reference].
3)
By using the services of PhotonFlux s.r.o., the Client agrees to these Terms and Conditions.
2. DEFINITIONS
1)
Client: A natural person over 18 years of age, with full legal capacity, who enters into a Contract with PhotonFlux. Services are provided exclusively to natural persons, not to entities acting on their behalf.
2)
Order: Any instruction or request by the Client for execution of a Transaction under these Terms.
3)
Transaction: The purchase or sale of Virtual Assets between the Client and PhotonFlux for legal tender (FIAT).
4)
Virtual Asset: A digital representation of value that may be transferred, stored, or electronically traded, which is not legal tender, electronic money, a financial instrument, or other regulated instrument under Czech or EU law.
5)
Working Day: Any day other than Saturday, Sunday, or a public holiday in the Czech Republic.
6)
Contract: The agreement between PhotonFlux and the Client, concluded under these Terms.
7)
Website: The PhotonFlux website available at [insert domain].
8)
AML Act: Act No. 253/2008 Coll., on selected measures against money laundering and terrorist financing, as amended.
9)
Civil Code: Act No. 89/2012 Coll., the Civil Code, as amended.
10)
Consumer Protection Act: Act No. 634/1992 Coll., on Consumer Protection, as amended.
3. CONCLUSION OF THE CONTRACT
1)
A Contract is concluded online through the Website as part of the ordering process for a Transaction. The Contract is deemed concluded when PhotonFlux confirms execution of the Transaction to the Client by e-mail.
2)
To conclude the Contract, the Client must:
a. provide all required information and documentation,
b. accept these Terms,
c. verify identity as requested under the AML Act,
d. confirm that the data submitted is true, complete, and up to date.
3)
PhotonFlux may require the Client to provide documents or perform additional verification both before and during the Contract.
4)
The Contract is concluded for an indefinite period and applies until services are fully provided or terminated in accordance with these Terms.
4. ORDERS
1)
PhotonFlux accepts only Orders submitted via the Website and properly confirmed by the Client.
2)
PhotonFlux may refuse execution of an Order if:
- the Client fails to provide funds or Virtual Assets,
- the Order is incomplete or inconsistent,
- AML/CTF checks prevent execution,
- the requested asset is not supported,
- execution would violate law or internal limits.
3)
The Client will be informed of refusal to execute an Order, unless disclosure is prohibited by law.
5. VIRTUAL CURRENCY BUYING AND SELLING
1)
The Client may:
a. sell Virtual Assets to PhotonFlux for FIAT, or
b. purchase Virtual Assets from PhotonFlux for FIAT.
2)
Exchange rates are agreed at the moment of the Order.
3)
Settlement is completed within 5 Working Days, unless otherwise agreed. Virtual Assets are transferred to the wallet address provided by the Client; FIAT is transferred to the verified Client bank account.
4)
PhotonFlux does not accept or provide cash payments.
5)
PhotonFlux does not provide custody, payment services, or investment advice.
6. FEES
1)
Transaction fees are applied as a percentage of the net transaction amount, based on transaction risk and compliance requirements. Standard fees are up to 3.0 percent.
2)
PhotonFlux may charge additional handling fees up to another 12.0 percent in cases requiring extended manual AML/CTF review.
3)
The fees for the provision of services requested by receiving a personalised virtual IBAN and transferring to this account amount 10 percent.
4)
Fees are deducted directly from the transaction amount.
5)
If PhotonFlux refuses execution of a Transaction after funds are received, the funds will be returned to the Client less a handling fee of EUR 250.
7. SECURITY
1)
The Client must safeguard login details, wallets, and payment accounts linked to the services.
2)
The Client must immediately inform PhotonFlux of suspected unauthorized access.
3)
The Client agrees to comply with security practices, including using secure devices, updated software, and avoiding public networks when accessing the Website.
8. COMPLAINTS
1)
Complaints may be submitted:
a. by e-mail: [email protected],
b. by post: PhotonFlux s.r.o., Cimburkova 916/8, 130 00 Praha 3-Žižkov, Czech Republic.
2)
A complaint must include Client identification and a description of the issue.
3)
Complaints are resolved within 14 days, or in complex cases within a reasonable time, with written notice to the Client.
9. TERMINATION
1)
The Contract may be terminated by mutual agreement or by either party with 30 days’ notice. The termination must be made in writing.
2)
PhotonFlux may terminate with immediate effect if:
- the Client provides false or misleading data,
- there is suspicion of criminal activity,
- AML obligations cannot be fulfilled,
- the Client fails to settle outstanding fees.
10. WITHDRAWAL FROM THE CONTRACT
1)
A Client who is a consumer may withdraw from the Contract within 14 days of conclusion, in accordance with the Civil Code and Consumer Protection Act.
2)
Withdrawal must be made in writing or by e-mail.
3)
Withdrawal does not affect completed Transactions.
11. LIABILITY
1)
PhotonFlux is liable only for damages caused intentionally or by gross negligence.
2)
PhotonFlux is not liable for:
- market fluctuations of Virtual Assets,
- delays or errors caused by third-party service providers (banks, blockchain networks),
- force majeure or regulatory intervention.
12. ILLEGAL CONTENT
1)
The Client must not use the Website to transmit or store unlawful content, including material promoting fraud, violence, hate, or infringing third-party rights.
13. FINAL PROVISIONS
1)
The Contract and pre-contractual relations are governed by the laws of the Czech Republic.
2)
The language of the Contract and communication is English (and Czech, if required).
3)
Any disputes with consumers shall be resolved before the competent court under Czech procedural law.
4)
If any provision of these Terms is invalid, the remaining provisions remain in force.
5)
PhotonFlux does not provide investment advice or recommendations. The inclusion of a Virtual Asset does not represent endorsement.
6)
Clients must notify PhotonFlux of changes in personal data within 7 days.