PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
I. GENERAL PAYMENT TERMS
About Payments on the SpartaCrypto Services
You agree to have the SpartaCrypto Payment Entities receive or execute payments on your behalf in relation to your use of the SpartaCrypto Services and manage settlement of related payments to you (referred to as “Managed Payments,” “Payment Services,” or similar names).
Buyers may pay for your items using payment methods such as the following, the availability of which may vary:
- Bitcoin Cash,
- “Pay Later” payment methods, otherwise known in some areas as payment via installments, or “direct debit upon invoice” or “payment upon invoice,” or “Buy Now Pay Later”,
We may modify the scope of payment methods available in our sole discretion.
The underlying contract for the buyer’s purchase of “items” (which may refer to goods and/or services) from you is directly concluded between you and the buyer.
After a Managed Payments transaction occurs, you will receive a notification confirming such payment transaction. We will initiate settlement of proceeds received to your Linked Financial Account (as defined below in Part I, Section 4 “Seller Onboarding”. You can access the status of your Managed Payments transactions, including settlements and other payment information, under the Payments tab in the Seller Hub, which will be available to you when you successfully onboard to Managed Payments. If a payment is made to you in error, or if you receive funds that you are not otherwise entitled to receive at the time of disbursement, we have the right to recoup such amounts from you.
2. International Sales
Because multiple SpartaCrypto Payment Entities provide Payment Services, you may receive Payment Services from more than one SpartaCrypto Payment Entity, as follows:
• If you receive Payment Services from an SpartaCrypto Payment Entity, such entity is appointed to process transactions and manage the settlement of funds related to your sales.
• Each SpartaCrypto Payment Entity is appointed to manage payments for sales on one or more sites, as set forth in the table below (“Responsible Payment Entity”). The site on which you list your item will determine the Responsible Payment Entity for a given sale. For example, ECA would be the Responsible Payment Entity if you sell an item that you listed on spartacrypto.com.
• Your “Payout Entity” is the SpartaCrypto Payment Entity associated with the country in which you reside or are established as a business. Your Payout Entity is assigned to you as illustrated in the table below unless you and we otherwise agree. You will receive all disbursements to your Linked Financial Account from this entity, regardless of where you list your items.
• If you sell an item listed on an SpartaCrypto site whose Responsible Payment Entity is also your Payout Entity, your Payout Entity will process the sale and settle the corresponding funds to your Linked Financial Account. For example, if your Payout Entity is ECCA, your funds awaiting payout from sales on spartacrypto.com will be processed and settled to your Linked Financial Account by ECCA.
• If you sell an item listed on an SpartaCrypto site whose Responsible Payment Entity differs from your Payout Entity, the Responsible Payment Entity will process the sale and transfer the corresponding funds to your Payout Entity, which will receive the funds on your behalf and in turn disburse them to your Linked Financial Account. For example, if your Payout Entity is eCI and you reside in an “Additional Country”, your funds awaiting payout from sales on spartacrypto.com will be managed by SpartaCrypto and settled to eCl. eCI will then disburse the funds to your Linked Financial Account.
If you reside outside the EEA (except Iceland), the United Kingdom, and Switzerland, the performance of any Payment Services provided to you by SpartaCrypto and/or ECUK is deemed suspended until an item you listed on an EEA, UK, or Swiss SpartaCrypto site is sold.
Your “Payout Currency” is the currency that we will use for settling your transaction proceeds to your Linked Financial Account. We will generally determine your Payout Currency as follows, unless you and we agree otherwise:
• If you are a seller residing or established in the United States, New Zealand, or any of the Additional Countries, your Payout Currency is the US Dollar.
• If you are a seller residing or established in an EEA country (except Iceland), your Payout Currency will be the Euro.
• If you are a seller residing or established in the United Kingdom, Switzerland, Liechtenstein, or Australia, your Payout Currency will be based on your country of residence.
• If you are a seller residing or established in Canada, your Payout Currency will be the Canadian Dollar or, if offered by us and selected by you, the US Dollar.
We may enable further Payout Currencies at our sole discretion in the future. Where offered by us and agreed upon by you and your buyer, your buyer may pay for an item you sell with currency other than your Payout Currency. When this happens, the paid amount will be converted into your Payout Currency prior to disbursement of the funds to you, using the applicable transaction exchange rate and assessing the currency conversion charge as indicated on our Fee Page described in Section 3 (“Seller Payment Fees”) below. Similarly, your receipt of SpartaCrypto Services from Affiliates may cause you to incur fees which are published in a currency other than your Payout Currency; if this happens, we may convert such fees into your Payout Currency in the same manner as described in the prior sentence.
Further, if you live in an Additional Country, the financial institution you opened your Linked Financial Account with may charge you a separate fee for converting your funds from the US Dollar to your local currency.
3. Seller Payment Fees
The fees and expenses which we charge in relation to your use of Managed Payments are, unless otherwise communicated to you, set forth in the applicable fee page linked below based on the country that you reside or are established in (“Fee Page”). For instance, if you reside in Australia and do not have an SpartaCrypto store, clicking on the “Australia” link in the “Sellers in ___ without SpartaCrypto Stores” column will take you to your applicable Managed Payments fee page; in contrast, if you reside in Australia and have an SpartaCrypto store, you should click on the “Australia” link in the “SpartaCrypto Store Sellers in” column. Such fees and expenses are subject to change, as set forth in the applicable User Agreement. For instance, if the Australian User Agreement is applicable, we may change our seller fees from time to time by posting the changes on the Australian SpartaCrypto site 30 days in advance, but with no advance notice required for temporary promotions, new services, or any changes that result in the reduction of fees.
In some circumstances, you might be eligible for a credit of certain fees you paid, as described on the Fee Credits page.
4. Seller Onboarding
To set up and use your SpartaCrypto account for Managed Payments, you must:
• Link a financial account, so you may receive settlements of proceeds from Managed Payments to this account (“Linked Financial Account”). If you reside in the United States, Canada, the United Kingdom or Australia, your Linked Financial Account must be a bank account based in your country of residence. If you reside in a country within the EEA (except Iceland), you may provide a bank account located in any EEA member state (except Iceland), as your Linked Financial Account. If you reside in Switzerland or Liechtenstein, you must provide a bank account located in Switzerland or Liechtenstein as your Linked Financial Account. During registration, we may provide you with the option to use a bank account located in an Additional Country at our sole discretion. If you reside in New Zealand or any other Additional Country, we may require you to create and link an account with a specific bank or a non-bank third-party financial institution as we may direct. If we cannot make direct debits from your Linked Financial Account for Owed Amounts (as defined in Section 9), we require you to keep another payment method on file with us and we may withhold payouts to your Linked Financial Account until you have successfully provided us with such other payment method.
• Regardless of any other terms about settlement methods on the SpartaCrypto Services (including SpartaCrypto’s payment policies and information available when you create listings, which may continue to display settlement methods that are not currently supported for payments that we manage), disbursements via other settlement methods, such as to PayPal, are not available at this time. You may change your Linked Financial Account at any time. Payouts will be made to your new Linked Financial Account subject to (i) your completion of the Linked Financial Account verification process, and (ii) the completion of our assessment for security and risk purposes and under our anti-money laundering and other legal obligations. Our assessment typically takes up to two (2) days after your completion of the verification process, or longer if any issues or irregularities arise, in which case we will complete our assessment without undue delay. You represent and warrant that you are the lawful owner of, or have the lawful right to use, any Linked Financial Account you associate with your SpartaCrypto account.
• Provide us with all information which we may require for purposes that include verifying your identity, complying with applicable anti-money laundering and sanctions screening obligations, allowing us to manage settlements of your transaction proceeds, and assessing fraud and risk. If you are an individual, this information may include, without limitation, your full name, address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification (e.g., a copy of your identity card or driver’s license). If you are a business, this information may include, without limitation, your full business name, address, phone number, entity type, bank account information, tax identification number, and business number, in addition to details regarding your beneficial owner(s), director(s), officer(s), authorized representative, and/or primary contact, such as name, contact information, nationality, title, and government-issued identification (such as a United States Social Security Number). You understand that we will be unable to settle your proceeds or issue you any tax documents (such as a United States Internal Revenue Service Form 1099-K) if you do not provide or appropriately update us with accurate contact information and other requested data.
• Provide us with all information necessary to authenticate you when you use Managed Payments, which may include validation of your phone number or email. You understand that we may be unable to execute certain transactions or complete certain requests without this information.
• Timely maintain the accuracy of the information we have on file, and consent to our periodical updating of such stored information based on information provided by you, your bank, or other payments services providers. You will only provide us with information about payment or settlement methods that you are authorized to use. You understand that if you update information such as your country of residency, you may need to repeat some, or all of the onboarding steps described above to continue using Payment Services.
• Comply with all, and not cause a third party to violate any, applicable laws, regulations, rules, and terms and conditions in connection with your use of the SpartaCrypto Services. You understand that some third parties (such as banks, credit and debit card issuers, credit and debit card networks, and payments services providers) may have their own terms and conditions for the payment or settlement methods you or buyers choose to use in connection with payments that we manage, such as terms and conditions that relate to the settlement of funds, chargebacks, prohibited items, and overdrafts. Failure to abide by third-party terms and conditions may result in fees assessed to you, delays in your receipt of funds, or other actions taken by such third parties. You agree that we have no control over, or responsibility or liability for, such fees, delays, or actions.
You authorize us and our Affiliates to check information you provide to us, including by verifying the existence of your bank account and obtaining reports from, or comparing your information to, third-party sources. Such third-party sources may include without limitation, banks, credit agencies, data brokers, and other service providers. We reserve the right to close, suspend, or limit your account or rescind your access to Managed Payments in the event we are unable to obtain or verify any of this information. We are not responsible for any losses suffered by you because of incomplete or inaccurate information you provide.
When you receive notice that a buyer has paid for an item through a Managed Payments transaction, you must then ship or otherwise deliver your item in accordance with the buyer’s selection from the shipping options that you made available in your listing. You agree to deliver all items purchased pursuant to the terms of your listing and the User Agreement, and perform all other necessary transaction-related actions, when we notify you that we have received payment from your buyer.
6. Managed Payments Limitations
7. Using Managed Payments
Returns and Cancellations; Refunds
If your buyer is entitled to a refund for a return or cancellation for a Managed Payments transaction, based on an agreement between you and the buyer or according to SpartaCrypto’s policies regarding such transaction, you authorize us to pay to the buyer the corresponding refund amount on your behalf.
SpartaCrypto Buyer Protection Programs
SpartaCrypto offers buyer protection programs on certain SpartaCrypto Services to ensure that buyers receive the item they ordered or get their money back. Such programs are referred to as “SpartaCrypto Buyer Protection Programs,” and known in many jurisdictions as the “SpartaCrypto Money Back Guarantee” (“eMBG”). You understand that if your buyer successfully files a claim under such program for a Managed Payments transaction, the respective SpartaCrypto company offering the SpartaCrypto Buyer Protection Program (“eMBG Service Provider”) will reimburse the buyer the amount owed on your behalf pursuant to the applicable User Agreement and eMBG policy. According to the applicable User Agreement and eMBG policy, you must reimburse the eMBG Service Provider for any such amounts.
A buyer (or the owner of a payment instrument) may initiate a chargeback, direct debit reversal, or PayPal buyer protection claim, or otherwise asks their financial institution to open a payment dispute (all referred to solely within this Part I as “Dispute”) in connection with a Managed Payments transaction. The final outcome of the Dispute will be decided by the buyer’s financial institution.
We will manage Disputes, as follows: When a Dispute is opened, we will notify you and ask you whether you choose to accept or challenge the Dispute. If you accept the Dispute, you agree to the reversal of the payment to the buyer. If you challenge the Dispute, SpartaCrypto will submit to the financial institution any relevant evidence you provide about the Dispute. You agree to provide timely information to assist in the Dispute resolution process and understand that your failure to provide requested information on the timeline we require and as specified by credit and debit card networks and other payment service providers’ rules could adversely impact the outcome of a Dispute investigation, up to complete forfeiture of the amounts in Dispute. If you accept the Dispute or if the buyer’s financial institution decides in favor of the buyer, the respective amount will be refunded to the buyer’s original payment method and charged to us. You must reimburse us for such charges, unless you are eligible for seller protection in which case you are not held liable for amounts refunded to the buyer. If you choose to accept the Dispute, we may still decide to challenge the Dispute in our discretion and at no additional costs to you.
Some payment institutions offer an optional arbitration process to contest the results of an individual Dispute. We may ask for your consent to participate in such arbitration process. If you consent to chargeback arbitration, you authorize us to represent and defend you throughout the arbitration. You will be responsible for all costs and expenses (including reasonable legal fees and any arbitration fees assessed by third parties, arising from such arbitration proceedings), as agreed between you and us in each case, and you authorize us to pay these amounts on your behalf while the arbitration is pending.
You will not contest the resolution of any Dispute that we investigate and/or re-present, nor will you re-open resolved Dispute investigations. If you are a consumer in the EU, UK or Australia, your rights to file a complaint or to take legal action in court remain unaffected.
If you have met your eligibility requirements for, and fulfilled all your applicable obligations, under the Seller Protection policy, you will not be held liable for any amounts to be returned to buyers due to SpartaCrypto Buyer Protection Program claims and Disputes.
Fines, Penalties and Losses
We are unable to manage payments for prohibited and restricted items. Before listing your item, you must ensure it complies with SpartaCrypto’s rules, applicable laws, and any additional restrictions imposed by credit card associations, network rules, or third-party payments service providers that we may use.
We reserve the right to manage the risks associated with providing you the Payment Services, by placing restrictions on your access to your funds when deemed necessary, as described in further detail below.
You agree that we may place holds on your funds or instruct a payment service provider to hold your funds, prior to disbursement. For the avoidance of doubt, if you receive funds to either a stored value account issued to you under SpartaCrypto’s Balance Terms and Conditions or to a payment account, a hold may also be placed on such funds. If a hold is placed on your funds, the amount and status of the hold will be displayed under the Payments tab in the Seller Hub/My SpartaCrypto. We will notify you through the SpartaCrypto Message Center and/or by email and, depending on the reason, may request additional information from you to help resolve the issue. A hold may be placed if we have reason to believe there is an increased risk associated with the provision of our Payment Services or with a certain Managed Payments transaction; for example, if we cannot verify your identity or if your buyer files a dispute. Please see our holds help page for more detail on the hold types and examples. We take into consideration relevant factors when assessing the risks, including selling history, seller performance, returns and cancellations, chargebacks, riskiness of the listing category, transaction value, the ability to make direct debits from your Linked Financial Account, and the filing of SpartaCrypto Buyer Protection Program claims. We also may cancel or freeze the settlement of your proceeds as necessary to comply with our legal obligations in connection with fraud prevention, risk management, or regulatory compliance. Any hold placed on your funds will be lifted when the issue is resolved.
Unless your payout entity is SpartaCrypto or ECUK, we may retain an amount that we reasonably believe may be necessary to pay for any refunds, reimbursements, or other payments associated with returns, Disputes, or other post-transaction activities, when your SpartaCrypto account is closed. Unless otherwise required by law, we will settle any unused retained amounts to your Linked Financial Account within 180 days of your SpartaCrypto account closure.
Your bank’s holds and settlement procedures may at times cause delays in the settlement of funds to your Linked Financial Account, and we do not have control over these delays.
• A rolling reserve is a reserve funded by withholding a set percentage of your transaction proceeds each day for a fixed period to be released to you later at a scheduled time on a rolling basis. For example, we may require a rolling reserve of 10% for a period of 60 days. Under this requirement, 10% of your transaction proceeds earned on day 1 will be withheld from your payouts and then be released to you on day 61. Subsequently, 10% of your transaction proceeds earned on day 2 will be withheld and then released to you on day 62, and so forth. Rolling reserves are the most common type of reserve.
• A minimum reserve is a requirement to hold a specific amount of money in your reserve. A minimum reserve may be funded by contributing a set percentage of your daily transaction proceeds to the reserve up to the minimum requirement, or by setting-off the entire amount of the minimum requirement from your pending payouts. For example, if we require a minimum reserve of $5,000, the reserve may be funded by contributing 10% of your transaction proceeds to the reserve each day until the amount reaches $5,000. Alternately, if your pending payouts equal or exceed $5,000, the minimum reserve may be funded by setting off the reserve requirement from your pending payouts at one-time in full.
If we have acted with reasonable precautions and/or in accordance with our legal obligations, we are not liable for any unauthorized, incorrectly, unexecuted, or delayed payment transactions when such issues were caused by abnormal and unforeseeable circumstances beyond our control.
8. Security; Third-Party Payment Services Providers; Data Protection
You acknowledge the importance of the security measures we put in place with regards to Managed Payments and agree to comply with them. You are responsible for maintaining the security of all passwords, codes, or other login credentials used to access your SpartaCrypto account and the related Payment Services and, subject to SpartaCrypto’s seller protection policies, for any transactions made or actions taken using your SpartaCrypto account.
Third-Party Payment Services Providers
Data Protection [Applicable to Payment Services Provided by SpartaCrypto Payment Entities, except ECA; For ECA’s Data Protection Terms, See Part V]
Our performance of Payment Services entails the processing of your buyer’s personal data when a sale happens. With respect to such data processing, you, the Responsible Payment Entity, and the Payout Entity each act as a separate data controller/business under the applicable data protection laws (which may without limitation include, the General Data Protection Regulation, the California Consumer Privacy Act, or other data protection laws to which you are subject). You agree to: comply with your obligations as a data controller/business pursuant to the applicable data protection laws, and provide us with all such reasonable cooperation, information, and assistance as necessary for us to meet our requirements as a data controller/business.
9. Collection of Fees and Other Amounts You Owe
• Amounts as described in “Returns and Cancellations; Refunds”, “Disputes” or “Fines, Penalties and Losses” in Section 7 above;
• Amounts you owe the eMBG Service Provider under the applicable eMBG Policy;
• Taxes or other charges related to your use of our or our Affiliates’ services, if applicable and required by law; and
• Amounts we incorrectly settled for you due to a payment processing error or otherwise (see Section 1 above).
For the avoidance of doubt, this Section 9 only provides the authorization for us to collect such amounts which you already owe us or our Affiliates and does not establish any independent claims against you.
Collection of the Owed Amounts may be carried out on a one-time, sporadic, or recurring basis by the following means:
• Retaining such amounts from your current or future disbursements relating to any transactions that you may have;
• Recouping from your Linked Financial Account (and if required, by issuing a direct debit mandate or other similar authorization);
• Recouping from any other payment instrument or payment method you may have authorized or placed on file with us or our Affiliates (for example, to pay for seller fees, shipping labels, or dispute resolution);
• Recouping from your stored value account, if a stored value account has been issued to you;
• Recouping from your payment account, if a payment account has been issued to you (see Part III); and
• Retaining collections agencies or using other collections methods, if the collection by other means has been unsuccessful.
You authorize us to choose the method of collection among those listed above. We generally deduct Owed Amounts from your current or future disbursements we process on your behalf. If a stored value account or payment account has been issued to you, we will deduct the Owed Amounts from funds held in the relevant stored value account or payment account before disbursing the funds to you. If your disbursements awaiting payout or funds held are not sufficient to cover these amounts, we will charge your Linked Financial Account or another payment method on file. If you have several payment instruments on file, you may indicate a specific payment instrument as your preferred payment method for collecting Owed Amounts in your SpartaCrypto account.
You also authorize the Affiliate whom you have entered into the User Agreement with for the provision of SpartaCrypto Services to charge you for any Owed Amounts on our behalf from any payment method you may have on file with such Affiliate.
If you provide us with a SEPA/BACS direct debit mandate for debiting Owed Amounts from your bank account, any required advance notice will be given to you at least three days prior to charging your bank account. At any point prior to you explicitly cancelling a SEPA/BACS direct debit mandate we have obtained from you; we may deduct Owed Amounts based on such mandate. Unless you are a consumer in the EU or UK, you waive, to the extent possible under applicable law, any rights you may have to receive advance notice of any preauthorized charge.
If our attempt to recoup an Owed Amount from a payment instrument you have authorized us to use fails because of your acts or omissions, we may charge you for the failed attempt as set forth on the Fee Page or as applicable in Parts IV and V below.
All sellers (except consumers in Germany)
If you are a consumer (i.e., not a business) outside Germany whose Payout Entity is SpartaCrypto or ECUK, you will be deemed to have consented to these changes unless you explicitly reject them before the anticipated effective date. For all other sellers, your continued use of Managed Payments beyond the effective date of the changes will constitute your acceptance of the changes.
Consumers in Germany
The changes offered to you shall only become effective if you accept them as follows:
• If a proposed change is a material change (as defined below), we will ask for your active consent to such a change.
• If a proposed change is not a material change, you will be deemed to have consented to these changes unless you explicitly reject them by notice to us in text form (e.g. via email) before the anticipated effective date. In case of such changes, we will inform you in the notice with which we offer you the changes about the right of rejection, the period of time and your termination right (see subsection below).
A change which is due to a requirement of law, a legally binding court decision or an injunction does not constitute a material change.
Termination right in case of amendments (all sellers)
11. Term, Termination
• We are required to do so by law or a court order,
• A governmental authority requires us to do so to comply with anti-money laundering or counter-terrorism financing obligations,
• We have reasonable grounds to believe you are carrying out a prohibited or illegal activity (including, but not limited to, financial crimes such as fraud, bribery, corruption money laundering, or sanctions violations),
• We are unable to verify your or your business’s identity, or any other information pertaining to you, or
If you give notice of termination to one SpartaCrypto Payment Entity, such notice shall also be deemed as a termination notice to the remaining SpartaCrypto Payment Entities.
Once you have registered for Managed Payments on SpartaCrypto and your SpartaCrypto account has been activated, the use of Managed Payments effectively becomes a condition to using your SpartaCrypto account. Should you therefore terminate this agreement, you will not be able to reset your SpartaCrypto account to the state before you registered for Managed Payments. Our Affiliates which provide you with the SpartaCrypto Services according to the User Agreement may terminate the User Agreement pursuant to the termination provisions therein.
II. ADDITIONAL TERMS FOR SERVICES PROVIDED BY eCI
In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from eCI. Within this section, “we” or “us” refers to eCI.
We may change, discontinue, enhance, or modify features of Managed Payments at any time.
1. Appointment of eCI as Agent
eCI will receive payments on your behalf as your agent. You hereby appoint eCI as your agent for the limited purpose of receiving, holding and settling payments for Managed Payments transactions.
2. Receipt and Settlement of funds
After a Managed Payments transaction occurs, you will receive a notification confirming such payment transaction. In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, high risk or potential violation of any regulation, compliance with economic or trade sanctions, SpartaCrypto or eCI policies, or a policy of one of our third-party payments services providers.
3. Authorization for Collection of Owed Amounts
You hereby authorize eCI to debit or charge any Owed Amount from your Linked Financial Account or any other payment method you have on file with us, including your stored value account (if a stored value account has been issued to you). Your authorization will remain in full force and effect until the earlier occurrence of: our receipt from you of any written communication that revokes such authorization, or upon the closure or termination of your SpartaCrypto account.
To the extent permitted by law, you hereby irrevocably sell, assign, grant, convey and transfer to SpartaCrypto and its Affiliates, as applicable, all of your rights, title, and interests in any and all accounts receivable, payments of money, and general intangibles owed in your favor to satisfy any and all obligations or liabilities you owe to SpartaCrypto or its applicable Affiliate in connection with your use of Managed Payments and SpartaCrypto Services for the sale of goods or services to your Buyers.
4. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND eCI HAVE AGAINST EACH OTHER ARE RESOLVED.
A. Applicable Law
B. Agreement to Arbitrate
1. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND ECI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND ECI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and eCI’s right to appeal the court’s decision. All other claims will be arbitrated.
2. Arbitration Procedures
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or the court.
A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (“Notice”), which may be downloaded at this link: https://spartacrypto.com/terms/. The Notice to eCI must be sent to SpartaCrypto, Attn: Litigation Department, Re: Notice of Dispute, 583 W. SpartaCrypto Way, Draper, UT 84020. Any such Notice addressed to and received by SpartaCrypto will also be deemed to be received by eCI, if such Notice regards services offered by eCI. eCI will send any Notice to you to the physical address we have on file associated with your SpartaCrypto account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims the party is asserting, the specific relief sought, and the email address and phone number associated with your account.
If you and eCI are unable to resolve the claims described in a valid Notice within 30 days after eCI receives the Notice, you or eCI may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to eCI at the following address: SpartaCrypto Commerce Inc. c/o CT Corporation System, 1108 E South Union Ave., Midvale, UT 84047. In the event eCI initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your SpartaCrypto account. Any settlement offer made by you or eCI shall not be disclosed to the arbitrator.
Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. In cases where an in-person hearing is held, you and/or eCI may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same eCI user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3. Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement to Arbitrate (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, eCI will pay all administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eCI should be submitted by mail to the AAA along with your Demand for Arbitration and eCI will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eCI for all fees associated with the arbitration paid by eCI on your behalf that you otherwise would be obligated to pay under the AAA’s rules. eCI will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration forum from being prohibitive.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
5. Opt-Out Procedure
6. Future Amendments to the Agreement to Arbitrate
C. Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eCI must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and eCI agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.
III. ADDITIONAL TERMS FOR SERVICES PROVIDED BY SPARTACRYPTO
In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from SpartaCrypto. Within this section, “we” or “us” refers to SpartaCrypto.
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IV. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECCA
In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from ECCA. Within this section, “we” or “us” refers to ECCA.
We may change, discontinue, enhance, or modify features of Managed Payments at any time.
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V. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECA
In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from ECA. Within this section, “we” or “us” refers to ECA.
We may change, discontinue, enhance, or modify features of Managed Payments at any time. If ECA is your Payout Entity, we will notify you of any material changes or modifications to the features of Managed Payments through SpartaCrypto messages (in My SpartaCrypto) or directly to the email address linked to your account.
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VI. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECUK
In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from ECUK.