By registering on MoneyTop, the Buyer must accept the Terms and Conditions of the Agreement. This Agreement is a legal contract between the Buyer and LA AwebCom, which in this Agreement are considered "parties" or "party" to this Agreement.
The Contract shall be deemed to have been entered into as of the date it is signed by the parties to this Contract or if another date of signature is specified in the Contract.
The Contract shall be deemed effective until either or both parties terminate this Contract by giving notice to the other party.
1. Terms used in the Contract
1.1 In this Contract, the following terms shall have the following meanings:
Agreement - means the Agreement between MoneyTop and the Buyer, as may be edited from time to time;
MoneyTop Services - means any services provided by MoneyTop under this Agreement, including the provision of work in MoneyTop's AOS program and any other service agreed by the parties;
MoneyTop Website - means MoneyTop's website for the provision of the Services currently available at https://money-top.com/, excluding any third party websites where the website is identified by hyperlinks or otherwise;
Confidential Information - means information that is deemed "Confidential" or to be treated as confidential, having regard to the context of disclosure or the nature of that information; without prejudice to the foregoing, the terms of this Agreement and the business plans, data, strategies, methods, customer and customer lists, technical specifications, transaction data and customer data shall be deemed confidential;
Regulatory Requirements - means any law, statute, regulation, order, judgment, decision, ruling, recommendation, rule, policy or guidance enacted or issued by parliament, government or any competent court or authority or any payment system (including but not limited to bank payment systems, card payment systems such as Visa, MasterCard, or any other payment, clearing or settlement system or similar arrangement that is used to provide services under this Agreement);
Reserve - means the amount of the balance in Buyer's account on the MoneyTop Website.
MoneyTop AOS - means the MoneyTop Automated Exchange Program. Program provided to Buyer under the terms of this Agreement.
License - means the Buyer's right to install and use the MoneyTop AOP on the domain specified in the License.
1.2 Unless a contrary intention appears, words fixed in the singular may be used in the plural, and vice versa; masculine terms may be used as feminine and neuter terms, and vice versa; references to persons include legal entities, unincorporated associations, partnerships or authorities.
1.3 Phrases introduced by the terms "included", "including", "in particular" or any other similar expression will be considered illustrative only and will not limit the meaning of the words preceding the term.
2. Terms and Service Provision
2.1 MoneyTop grants the Buyer a non-exclusive, non-transferable right to use the MoneyTop AOS, its user manual and other accompanying documentation on equipment owned or controlled by you.
2.2 MoneyTop warrants that the MoneyTop AOS provides all features and functions generally described in the documentation and on the MoneyTop Website.
2.3. MoneyTop provides free of charge and unlimited technical support for the operation and regular updates of the functionality of the MoneyTop AOS.
2.4. MoneyTop reserves the right to suspend the License at any time and at its sole discretion if actions are committed which MoneyTop, in its sole discretion, considers (I) to have been committed in violation of this Agreement or (II) to be suspicious of money laundering, terrorist financing, fraud or other illegal activities. MoneyTop will use reasonable efforts to inform Buyer of any action unless MoneyTop is prohibited from doing so by law, court order or authority.
3.1 MoneyTop shall provide the Buyer and its current and potential customers with the MoneyTop Services as set out in this Agreement and as described on the MoneyTop website.
3.2 Buyer shall install the MoneyTop AOS only on the domain specified by the License and shall act in accordance with the documentation.
3.3 In addition to the security requirements set forth in the Terms and Conditions of this Agreement, the Buyer shall activate the tools for restricting logins to the administrator panel of the MoneyTop AOP, which are offered in the "Settings - Security" section of the documentation.
3.4 The Buyer agrees to cooperate with MoneyTop to investigate any suspected illegal, fraudulent or improper activity.
The balance of funds in the Buyer's account on the MoneyTop Website may be used solely to provide additional, paid services to the Buyer. Withdrawal of funds is possible only for funds received through the affiliate program.
5. Change of Terms and Conditions
This Agreement may be edited and amended from time to time. These changes may be made by mutual consent of the parties or by notifying MoneyTop to the Buyer in accordance with the following procedure:
5.1 MoneyTop shall notify the Buyer of any proposed changes to this Agreement ("Change Notice").
5.2 The Change Notice may be sent by email to the email address registered in the Buyer's account.
5.3 The proposed change will automatically take effect one month after the date of the Change Notice unless the Buyer gives written notice to MoneyTop that it objects to the proposed change.
5.4 MoneyTop may specify in the Change Notice a different period of time for any change to take effect, provided that such period of time shall not be less than one month.
5.5 If MoneyTop does not receive a notice of objection within the specified time period, the Buyer shall be deemed to have accepted the change.
5.6 The Buyer shall be entitled to terminate this Agreement immediately at any time before the change takes effect.
6. Warranties, Trade Warranties, Intellectual Property
6.1 Each party warrants to the other that:
- it has and will retain all necessary rights and powers to enter into this Contract and to perform its obligations;
- it has and will maintain appropriate means (including staff training, internal controls and technical equipment) to fulfill its data protection and confidentiality obligations under this Contract.
6.2 The Buyer warrants that:
- it does not receive funds from illegal, fraudulent activities, and that Buyer does not send or receive funds to or from an illegal source.
- he does not distribute for free or sell either in whole or in part the MoneyTop AOS
- it does not install the MoneyTop AOP on a domain that does not have a License.
6.3 MoneyTop has ownership and copyright of the MoneyTop AOP and documentation and any copies thereof.
7.1 Neither party to this Agreement shall be liable in tort (including negligence or breach of statutory duty) or otherwise, for any non-direct or consequential loss or damage of any kind, including punitive damages, or damages for any loss of profit or loss of contract, loss of favor or goodwill, loss of opportunity, loss of revenue or loss of third party, whether foreseeable or otherwise, except to the extent that this clause is not inconsistent with other provisions of this Agreement.
7.2 Nothing in this Contract shall be enforced to exclude or limit the liability of the parties:
7.2.1. for fraud and fraudulent misrepresentation;
7.2.2. for willful and malicious conduct;
7.2.3. for violation of the Confidentiality section;
7.2.4. to the extent such exclusion or limitation is prohibited by applicable law;
7.2.5. for using the MoneyTop service to receive payment for any sexually oriented or obscene material or services in violation of MoneyTop's Mature Audience Policy;
7.2.6. for using the MoneyTop service to receive payments for any narcotic drugs, other controlled substances, steroids or prescription drugs in violation of local applicable laws at both the delivery location and your office location;
7.2.7. for using the MoneyTop service to receive payments on bets, gambling debts or gambling winnings, regardless of the location or type of gambling activity.
7.3 Unless expressly stated otherwise, no indemnification obligation under this Agreement shall be subject to the limitations of liability contained in this section.
7.4 If Buyer breaches any of the terms of this Agreement, MoneyTop reserves the right to unilaterally terminate the Agreement and revoke Buyer's License.
7.5 MoneyTop shall not be liable for any of the following:
7.5.1. hardware, software (excluding MoneyTop's AOS) or internet connection not functioning properly;
7.5.2. unforeseen circumstances that prevent normal operation despite precautions taken by MoneyTop. Such circumstances may include, but are not limited to, natural disasters, power outages, fire, flood, theft, equipment failure, hacker attacks, internal mechanical or system failures, and downtime of the MoneyTop website.