Terms of Service

21/10/2019 By Stark Payments

Last updated: 1st October 2019

Introduction
This Agreement forms a contract between you and Stark Payments Ltd (hereafter referred to as ‘Stark’) of registered office: 160 City Road, London, EC1V 2NX, UK. By creating an account with Stark, you agree that you have read, understood and accepted all of the Terms & Conditions within this Agreement. You also agree you have understood and accepted Stark’s Privacy Policy.

Note that references to ‘Stark’, ‘us’, ‘we’ and ‘our’ refer to Stark Payments Ltd. References to ‘you’, ‘your’, ‘user’ and ‘users’ refers to any of Stark’s users including, but not limited to, partners and resellers.

Users should refrain from accessing and using the Stark website or any of its associated services should they not agree and adhere to our Terms & Conditions. Access and use of the Stark website and services will be deemed as consent and agreement to these Terms & Conditions.

Overview
Stark is a registered crypto currency service provider. Stark does not recommend specific virtual currencies but instead provides a platform to allow transactions via a variety of currencies and digital assets.

Using Stark products and services is at your discretion and we would always advise that independent investment advice is taken as deemed necessary before any transaction decisions are made. Stark can take no responsibility or liability for any decisions made or the outcomes of those decisions. Your user account will be managed by Stark Payments Ltd.

This Agreement may be updated or altered at any time by Stark. Such changes will be notified to our users via email and the use of website notifications. The Agreement will always include a date on which it was last updated. Should users not consent to the Agreement following clause updates, then they should discontinue use of the website and associated services with immediate effect.

If you have any questions or require any clarification of any part of this Agreement then please contact us at support@starkpayments.com

 
1.0 Eligibility

The Stark website and associated services are accessible to those aged 18 and over. You may not use the Stark website if you do not agree to the terms of this Agreement or the Privacy Policy.

To use Stark’s services you must first create a user account, ensuring your correct details are entered during account creation.

You may open an account on behalf of other organisation should you be authorised to do so. In these occurrences, ‘you’ refers to ‘you’ and ‘the organisation’ and any agreement you make to these terms and conditions are on behalf of the organisation in question as well as your own.

 
2.0 Services

2.1 Our Services
Stark is a crypto currency processing service provider. We enable businesses to accept, store, track and manage balances of virtual currencies. We will process your transactions on your behalf as per your instructions. Any complete or pending transaction cannot be reversed.

It may be necessary for Stark to cancel transactions should we be required to do so by law. We reserve the right to cancel any transaction we believe may be fraudulent or illegal.

We may also cancel transactions due to system infrastructure issues which may include, but not be limited to, blockchain software, Stark’s software or other system issues.

Stark supports the list of crypto currencies listed on the Stark website. Crypto currencies may be added or withdrawn at any time, without notice. Stark acts as a service provider only. You will not receive interest in your account from the use of Stark’s services.

2.2 Internet Service
Stark operates a web-based platform and therefore cannot be held liable for any interruption in service due to your own internet connection. Similarly we cannot be held responsible for the security of your internet service nor the speed at which your transactions take place.

2.3 Personal Data
You agree that you allow Stark to keep a record of the information you share during account registration. The information you supply must be truthful and accurate. Please refer to our Privacy Policy

Through account creation you are authorising us to make any necessary enquiries we deem appropriate to verify your identity or to protect you or us from fraud or similar criminal activity. These enquiries may be disclosed to fraud prevention personnel as appropriate. Despite such enquiries, we can never guarantee a particular user’s identity.

Stark advises all users to keep their account credentials, including username and password, secure. Strong passwords are always recommended which should include uppercase and lowercase characters, numbers and special symbols.

If you become aware of any breach in security, you must advise us immediately. We cannot be held responsible for any losses to your account related to breach of security incidents. By providing your email address you consent to Stark sending email communications to you relating to your account and our services. You may unsubscribe at any time by emailing support@starkpayments.com Users must understand that opting out may preclude you from receiving emails such as updates and additions to our services.

2.4 ‘As Is’ Services
Note that all information, product offerings and services from Stark are provided on an ‘as is’ basis. As a result, no information or details supplied to you from Stark creates any type of warranty. The use of our site and services are entirely at your own risk.

Stark will always endeavour to ensure all information shared, in whatever format, is entirely accurate however we shall not be held responsible for any inaccuracies or errors in information we share with you. As a result you should take sole responsibility for the making of your own decisions.

We may offer services from third party providers. Stark does not endorse any product or service offered by a third party and we will not be held responsible for any transactions entered into.

2.5 Limitations of Responsibility
Stark will not be held responsible for any losses or damages experienced by the user through using our products and services. Similarly, we cannot be held accountable for any issues arising with your account due to scenarios such as hacking or unauthorised access.

2.6 Indemnification
Should you become involved in any proceedings, damages or liabilities as a result of your intended transactions, this is the sole responsibility of the user. There will be no denunciation attributed to Stark.

 
3.0 Fees and Referrals

3.1 Details of Fees
Our fees for processing crypto currencies vary between 0.25 – 1.0% per transaction. and details of all crypto currency pricing can be found on the Stark Payment website. A tailored pricing model can be determined and agreed upon with an official member of staff at Stark.

3.2 Referrals
We offer an incentive to those users wishing to refer others to our products and services. For details of our referral programme, please visit our Partner Solutions page on our website for more information. We reserve the right to amend the details of our referral programme at any time, without prior notice.

 
4.0 Receiving Payments

4.1 Account Funds
A balance of your account funds will be displayed in your account dashboard.

4.2 Withdrawals
You may withdraw crypto currency from your Account, however we reserve the right to ask you provide certain information including items such as identity documents. Our transaction fees or any subscription fees may be automatically deducted prior to withdrawal.

Please note, withdrawals are made in crypto currency. If your preferred wallet is linked to a central exchange, you may transfer the funds in fiat to your corporate or personal bank account.

 
5.0 Paying with Crypto – Consumers

5.1 Paying for Goods/Services
Consumers are able to pay for goods and services via a merchants online store. They do so by connecting to any third party digital wallet they may hold an account with. Stark does not charge any fees to the consumer.

5.2 Rejected Payments
A recipient of your payment is permitted to decline your payment if they so wish, this may be in accordance to their own internal KYC/AML compliance terms. On the rare occasion where Stark is asked to request a crypto refund, we will endeavour to return the currency to you as soon as possible. Fees may be applicable.

 
6.0 Refund Policy

6.1 Completed Transactions
Once a transaction is completed, no cancellation or refund can be made.

6.2 Incomplete Transactions/Excess Payments
Should you inadvertently send more currency than intended, or your transaction was incomplete we MAY be able to refund the excess. In these cases, please notify us as soon as possible by emailing support@starkpayments.com.

6.3 Liability for Errors/Omissions
Stark is not liable or responsible for any errors or omissions that are made via any transaction utilising our services. Stark urges users to check transaction details cautiously and thoroughly prior to attempting to transfer a crypto currency.

 
7.0 Prohibited Activities

7.1 Prohibited Activities
You agree not to engage in any illegal activities, including but not limited to, unlawful activity or business (including any activity that would violate the law), abusive activity (including transferring or uploading material containing viruses), abuse of others (such as libel, threatening behaviour) and breaches of intellectual property. Stark may terminate your account and block any transactions should it be deemed appropriate.

7.2 License
You agree that all personal information provided is accurate and that you are fully responsible for all of your user content. You agree that you own all intellectual property rights, your content will not violate any agreements or confidentiality agreements and that it will not breach any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity. You are responsible for protecting your user content and for any activities occurring within your account. You must report any breach of security to us immediately and Stark will not be held responsible for any loss incurred as a result.

You may not use another person’s user content account at any time. You further agree that your activities of posting and uploading user content grants Stark permission to use and reproduce any of this content publicly.

You must contact us as soon as possible with any amendments to your personal data.

We may, at any time, choose to review, edit or delete user content and, if deemed necessary, terminate your account.

7.3 Our Intellectual Property
Except for your personal user content, all other assets such as, but not limited to, logos, written or online content, images, belong to Stark Payments Ltd. You must not use any of our intellectual property unless permission has expressly been granted.

At times, we may ask for feedback and ideas from our users. By giving such input, you agree that we may utilise ideas without any compensation to you.

7.4 Third Party Content
Although we may advertise third parties on an occasional basis, we do not endorse any specific third party. You access third party websites at your own risk.

 
8.0 Privacy and Security

8.1 Privacy
We respect the privacy of our users and, as such, will never request any unnecessary information. We have a duty to comply with any legal request made to us for information regarding a user and therefore you understand that by using our services you agree to the use and disclosure of your personal information where there is a legal obligation to do so. Please also see our Privacy Policy

8.2 Security
Despite our own security measures, we cannot guarantee your personal information will not be intercepted. You are in agreement that provision of your personal information is at your own risk.

We will not held responsible for any viruses or similar that affect your electronic devices as a result of using our site and services. You should also remain alert for spam or phishing emails and it is recommended that you always ensure emails seemingly sent from us do indeed originate from a Stark email address. We would advise you never click on a link in an email to access your account but instead proceed directly to our website to login in the usual fashion. We will never contact you to ask you to confirm your password.

 
9.0 Account Closure

We reserve the right to close your user account should we have reason to believe you are acting in breach of the clauses contained within this Agreement including, but not limited to, prohibited activities or unlawful behaviour.

9.1 Closing Your Account and Non-Activity
Our users are permitted to close their account at any time in accordance with our closure policies, thereby withdrawing all remaining balances. Any outstanding balances will be returned to you and any pending transactions cancelled. You will have 30 days in which to remove funds from your accounts after which time a return fee of 8% will be applied.

Account closure should never be used as a way of avoiding any investigational activity by Stark or any regulatory investigating body. If it is suspected this is the cause of a request for account closure then we will refuse the request.

You remain responsible for all obligations linked to your account even after the account is closed. Should your account not be accessed for a period of two years or more and we have been unable to contact, your account may be cancelled.

9.2 Account Suspension
Without prior notice, we may consider it appropriate to take necessary action in line with local law. This includes blocking a transaction, suspending access to your account, freezing account funds, issuing warning notices to other users, contacting legal authorities or refusing to provide our services to you. These actions will be as a result of activities connected to your user account such as suspicious account activity, concerns regarding fraud, failure to pay fees, security breaches. We will make every endeavour to contact you prior to account suspension or closure.

Upon suspension of your user account, you are still bound to the terms included within this Agreement.

 
10.0 General Contract

10.1 Limited License
On account sign-up with Stark, we grant you a non-transferable, revocable license which is subject to the terms contained within this Agreement.

10.2 Transfer of Account
You may not transfer or delegate your rights, licenses, interests to anyone else including an existing user. We may transfer or delegate our rights, licenses, interests at any time, which may result in a potential acquisition, merger or reorganisation.

10.3 This Agreement
This Agreement including any other documents incorporated by reference herein comprise the entire Agreement between you and us.

10.4 Interpretation
Section headings in this Agreement are for guidance only and headings alone will not govern the interpretation of any part of this Agreement.

10.5 Invalidity
If any part of this Agreement is seen to be invalid or not enforceable according to applicable law, this will not affect the validity of any other provision mentioned within this Agreement.

10.6 Agreement to Terms
You agree to be bound by all aspects of this Agreement even after termination of your account.

10.7 Electronic Communications
You agree that all documents provided electronically, including this Agreement, are deemed to be ‘in writing’.

10.8 Taxes
You are responsible for any country-specific taxes payable on your transactions. You can access your transaction history at any time within your account.

10.9 Age-Restricted Services
Our services are not available to anyone under the age of 18.

10.10 Breach of Agreement Liability
We are not liable for any breach of this Agreement due to unforeseeable circumstances beyond our control.

10.11 Applicable Law
This Agreement shall be governed by the laws of the United Kingdom

10.12 Arbitration
For any disputes relating to Stark Payments Ltd, your first point of contact should be with us directly at support@starkpayments.com. Only if a scenario cannot be acceptably resolved between both parties within a 90 day period should arbitration commence. Any arbitration should take place in the United Kingdom and any legal fees incurred by each party will be payable themselves.