Terms of Business
STSS (Malta) Limited is a Virtual Asset Service Provider in Malta with its corporate seat in Portomaso Tower Annex, Level 7, Vjal Portomaso St. Julians STJ 4011 Malta , registered with the Malta Business Registry under registration number C 86272 (hereinafter referred to as “Stasis”).
These General Terms and Conditions (hereinafter referred to as “GTC”) govern the overall business relation between Stasis and its customers (hereinafter referred to as «Customer(s)») on the electronic platform
https://webapp.stasis.net and/or mobile application of Stasis (hereinafter referred to as “Platform”). They also apply to all future transactions with the Customer arising from ongoing business relations.
These GTC shall exclusively apply; any terms and conditions of the Customer that contradict or deviate from these GTC shall only be valid if and to the extent that Stasis has expressly agreed to them in writing.
User Registration
Persons interested in using the Platform (online service operated by Stasis on the domain www.stasis.net) and the services offered therein must register to the Platform and create a user profile (hereinafter referred to as “User Profile”). The registration is free and requires the provision of valid, correct, and up-to-date information, personal data and contact data and is resulting, after acknowledgment of these GTC, in the creation of the User Profile. A person having successfully completed the registration process (which is confirmed by Stasis) is considered as a Customer.
The Customer confirms that all document and information that they provide to Stasis, is valid, up-to-date, correct and complete and that the Customer has not withheld any information that could potentially influence the registration process (e.g. the Customer confirms that they have not withheld any information that could potentially trigger any further due diligence).
To create a User Profile, a person must be able to exercise their civil rights (be at least 18 years of age and capable of discernment). Persons under the age of 18 may not create a User Profile. Every User Profile is unique, personal and non-transferable. The creation and use of multiple User Profiles by the same person is prohibited. Shared accounts are prohibited.
Stasis may request specific information from any person in the process of becoming a Customer and from time to time for as long as they remain a Customer, which are required by law or authority guidelines (e.g. AML Regulation).
Stasis may refuse any registration without having to provide a reason, may exclude any Customer (hereinafter referred to as “Banned User”) - including in cases of fraud, scams, forged securities or forged certificates - or may refuse to enter into any transaction. Banned Users are not allowed to re-register on the Platform. By doing so, the Banned User may be subject to criminal prosecution.
The Customer confirms to act solely in their own name and on their own behalf and create and use a User Profile for themselves only. It is forbidden to act as an intermediary of any kind or broker of any kind or trustee of any kind for any person (including shared legal or beneficial ownership of the User Profile) or to allow access of any kind to the User Profile to any person other than themselves.
The Customer must ensure that the contact information (e.g. e-mail address, domicile address) in their User Profile is up-to-date and accurate. As long as the Customer does not notify Stasis on updated contact information, Stasis correspondence is sent to the contact information in the User Profile. Notices delivered to the contact information in the User Profile shall be deemed delivered to the Customer.
Confidentiality in respect of User IDs and Passwords
The Customer is obliged to keep their User IDs, passwords, and other means of identification connected to their User Profile secret. To this end, the Customer must not store their User IDs, passwords or other means of identification connected to their User Profile in their browser and the Customer must delete all temporary files stored in your cache memory as well as your surfing history. The Customer is solely responsible should such means of identification connected to their User Profile be communicated to, discovered or misused by a third party, and for any and all losses and damages resulting therefrom. The Customer has taken note of the fact that they are required to disconnect from the identification services proposed by Stasis before leaving the internet station. To do this, the Customer must close all your browser windows showing the Platform.
Stasis strongly recommends Customers as a preventive security measure to use a two-factor authentication identification (hereinafter referred to as "2FA") for the access and use of the Platform. By using the 2FA, verification with a second factor in addition to the password will be required.
If any third-party has access to Customer´s User IDs, passwords, 2FA device, and other means of identification connected to the User Profile it may have full access to the User Profile and may affect transactions in the Customer´s name which may not be reversible. Therefore, in case of theft or loss of a password and other means of identification connected to the User Profile, the Customer must notify Stasis and follow Stasis' instructions immediately as the Customer becomes aware of the theft or loss.
SMS Terms and Conditions
By using the SMS services, you agree to comply with these Terms. If you do not agree with these Terms, please refrain from using the SMS services. Message frequency varies; Message and data rates may apply; Text HELP to [Number] for help; Reply STOP to cancel. Carriers are not liable for delayed or undelivered messages.
The SMS services provided by the Company may include, but are not limited to, transaction alerts, account notifications, and promotional messages. The Company reserves the right to modify, suspend, or terminate the SMS services at any time, with or without notice.
By providing your mobile phone number and opting in to receive SMS notifications, you consent to the Company sending you messages for the purposes outlined in these Terms. You may opt-out of receiving SMS messages at any time by following the instructions provided in the SMS or contacting customer support.
Message frequency may vary based on the type of messages you have opted to receive. You may receive account alerts, transaction confirmations, and other relevant information. The Company will make reasonable efforts to ensure that SMS messages are accurate and timely. However, it is your responsibility to promptly address any discrepancies or concerns regarding the content of the messages. Standard messaging and data rates from your mobile carrier may apply. You are solely responsible for any charges incurred.
The Company is committed to safeguarding your privacy. Your personal information will be handled in accordance with our Privacy Policy. You are responsible for maintaining the security of your mobile device and ensuring that unauthorized individuals do not have access to your SMS messages.
The Company reserves the right to terminate or suspend SMS services without notice for any reason, including, but not limited to, violation of these Terms. The Company may update or modify these SMS Terms and Conditions at any time. Continued use of the SMS services constitutes acceptance of any changes.
Customer´s Obligations to Cooperate
The Customer must execute without undue delay any contractual action and declaration and render immediately any assistance required and reasonably requested by Stasis during the business relation between the Parties.
The Customer must ensure to immediately report all defects or other problems with the Platform or transactions associated therewith.
The Customer must provide Stasis with any reasonable data and/or information with regard to proof of sources of funds that Stasis requires in order to provide its services to the Customer and that is not unreasonable for the Customer to provide.
The Customer must notify Stasis without undue delay about any loss or restriction of their capacity to contract, as far as this is possible and reasonable.
If the Customer is a legal entity, the Customer must notify Stasis without undue delay about any change of their Ultimate Beneficial Owner, their ownership structure, and their representatives.
Terms of Purchase and Sale Digital Assets
The Customer may access digital asset purchase, sale and conversion services exclusively through their User Profile on the Platform.
Any figures, numbers or exchange reference prices on the Platform, do not constitute binding offers for a purchase or sale or conversion of digital assets but an invitation to the Customer to submit an offer for purchase or sale digital assets on Platform (so called invitatio ad offerendum).
Prices are quoted in EURO (€) or any other fiat currency available for payment and include Value Added Tax (hereafter: VAT), if applicable. A payment can be made by bank transfer or by any other means of payment available on the Platform. The prices for digital assets are set at the time Stasis receives Customer´s payment and can therefore vary significantly from the exchange rate displayed on the Platform when binding purchase orders or binding sale orders was made. We would like to point out that a bank transfer may take between one and five working days before it reaches its recipient, potentially it could take even longer.
Banking fees: If any transaction, exchange, etc. fees have been deducted by a bank or by any other intermediary from the payment amount the Customer paid to Stasis and vice versa, these fees shall be borne by the Customer.
Blockchain transaction fees: If any transaction fees have been deducted from the amount of digital assets transferred by the Customer to Stasis and vice versa, these fees shall be borne by the Customer.
Fulfillment of binding orders: The fulfillment of Binding Buy Orders, Binding Sell Orders and Binding Convert Orders on the part of Stasis will be processed within up to five business days of receipt of payment respectively within up to five business days of receipt of the sold or converted digital assets provided there are no Anti-Money-Laundering issues or Know-Your-Customer obligations pending. If the fulfillment of Binding Buy Orders, Binding Sell Orders and Binding Convert Orders on the part of Stasis is not processed within the aforementioned period, the Customer is obliged to inform Stasis immediately. If the Customer does not meet this obligation, the Customer accepts any variation in the exchange rate that may occur and waives their ability to make any claim for the variation in the exchange rate that may occur.
Purchase Orders and Binding Buy Orders
The Customer may create a purchase order to buy digital assets by entering the desired amount and the fiat currency of the payment. Therefore, the Customer must choose the preferred payment method and follow Stasis´s instructions displayed on the Platform.
The purchase order is binding if the Customer follows all Stasis´s instructions displayed and correctly fills in all necessary, valid and correct data on the Platform and finally confirms the “BUY” button (hereinafter referred to as “Binding Buy Order”).
Prerequisites for purchase orders: The Customer must place a Binding Buy Order before making a payment. Therefore, if the Customer makes a payment without a corresponding Binding Buy Order, the funds will be automatically returned. Any arising bank fees will be charged to the Customer. Stasis reserves the right to charge additional administrative fees.
Difference between the amount shown on the purchase order and the amount actually collected by Stasis: The Customer must pay Stasis the amount they have indicated in the Binding Purchase Order. If the amount the Customer pays is less or more than the amount indicated in the Binding Buy Order, the equivalent in digital assets will be automatically adjusted by Stasis, within the limit of the Customer´s quotas and the minimum amounts indicated on the Platform. The bank fees will be charged to the Customer. The Customer may also be charged for administrative fees.
Address to be provided: To obtain the transfer of purchased digital assets in fulfillment of the Binding Buy Order, the Customer must provide Stasis with a public address of the corresponding wallet that is valid and freely available to the Customer. The Customer must have power of disposal over the wallet. If the Customer places a Binding Buy Order and provides Stasis with a public address of the corresponding wallet that is invalid or that does not belong to the Customer (e.g.an Initial Coin Offering (ICO) address), Customer´s funds will be lost. Stasis may perform searches to try to recover lost digital assets but will not be required to do so. These searches remain at Stasis’ discretion and may be performed when large amounts quoted in € are involved. The Customer will have to pay for the costs of the search, which will take into account the technical complexity and the time required for the search.
Reason for Payment: When the Customer uses fiat currency to purchase tokens on Stasis, the client must indicate the reason for the payment that is provided on the Platform and is unique to the client. Thus, Stasis would be able to identify the transaction with the order and serve the customer effectively. The bank fees will be charged to the Customer, and the Customer may also be charged an additional administrative fee of 100 €.
Cancellation of Binding Buy Orders: Binding Buy Orders may be canceled as long as the payment has not been received by Stasis. If the Customer has sent the payment, but Stasis has not yet received it, the Customer´s payment will be returned. The bank fees will be charged to the Customer and the Customer may also be charged an additional administrative fee.
Sale Orders and Binding Sell Orders
The Customer may create a sale order to sell digital assets by entering the desired amount and the digital asset to be sold. Therefore, the Customer must choose the preferred receiving method and follow Stasis´ instructions displayed on the Platform.
The sale order is binding if the Customer follows all Stasis´ instructions displayed and correctly fills in all necessary, valid and correct data on the Platform and finally confirms the “SELL” button (hereinafter referred to as “Binding Sell Order”).
Prerequisites for sale orders: The Customer must place a Binding Sell Order before making a transfer of digital assets. Therefore, if the Customer makes a transfer of digital assets without a corresponding sale order, the Customer´s digital assets will usually be lost, unless Stasis is able to recover and return them. All requests to recover funds must be made through Stasis’ technical support. The Customer may be charged for administrative fees.
Difference between the amount on the Binding Sell Order and the amount actually collected by Stasis: If the amount of digital assets the Customer transfers to Stasis is less or more than the amount shown on the Binding Sell Order, the equivalent in fiat currency will be automatically adjusted by Stasis, within the limit of the Customer´s quotas and the minimum amounts indicated on the Platform. The bank fees will be charged to the Customer. The Customer may also be charged for administrative fees.
Address provided by Stasis: The Customer must make the transfer of digital assets to a single-use address provided by Stasis. If the Customer sends digital assets to an address other than the one provided by Stasis, the digital assets will be lost, as Stasis does not hold the private keys for these other addresses. Stasis may perform searches to try to recover lost digital assets but will not be required to do so. These searches remain at Stasis’ discretion and may be performed when large amounts quoted in € are involved. The Customer will have to pay for the costs of the search, which will take into account the technical complexity and the time required for the search.
Bank reference to be provided to Stasis: In order to receive any payment in fiat currency from Stasis, the Customer must provide Stasis with the reference of a bank account that is valid and which belongs to the Customer. If the Customer provides Stasis with an incorrect bank reference or one that belongs to a third party, the transferred amount will be lost. Stasis may perform searches to try to recover lost payments but will not be required to do so. These searches remain at Stasis’ discretion and may be performed when large amounts of money are involved. The Customer will have to pay for the costs of the search, which will take into account the technical complexity and the time required for the search.
Time limit for transfer of digital assets: The Customer must make the transfer of digital assets within 10 minutes of placing the Binding Sell Order (if this type of operation is selected and performed by the csutomer). If the Customer does not make the transfer within this time limit, the equivalent value of the digital assets will be automatically recalculated, and the Customer will not be able to assert any claim for the variation of the exchange rate. Furthermore, the execution of the Binding Sell Order and the recovery of funds are not guaranteed.
Network fees: If the network fees chosen by the originator of the transfer of digital assets to Stasis (the customer) are too low or if the transaction is not confirmed on the corresponding Blockchain within one hour of placing the Binding Sell Order, Stasis reserves the right to recalculate the exchange rate at the time the transaction is confirmed on the Blockchain.
Cancellation of Binding Sell Order: Binding Sell Orders may be canceled, as long as the digital assets have not been received by Stasis.
Conversion Orders and Binding Convert Orders
The Customer may create a conversion order to convert one type of digital asset (e.g. EURS).
Conversion rates are quoted in the digital assets available for conversion and include VAT tax (if applicable). The fee for converting cryptocurrency is included in the conversion rate.
Minimum amount: The Customer may not place a conversion order for less than the minimum amount indicated on the Platform if using the banking transfers.
The conversion order is binding if the Customer follows all Stasis´ instructions displayed and correctly fills in all necessary, valid and correct data on the Platform and finally confirms the order button (hereinafter referred to as “Binding Convert Order”).
Address provided by Stasis: The Customer must make the transfer of digital assets to a single-use address provided by Stasis. If the Customer sends digital assets to an address other than the one provided by Stasis, the digital assets will be lost, as Stasis does not hold the private keys for these other addresses. Stasis may perform searches to try to recover lost digital assets but will not be required to do so. These searches remain at Stasis’ discretion and may be performed when large amounts quoted in €are involved. The Customer will have to pay for the costs of the search, which will take into account the technical complexity and the time required for the search.
Address to be provided: To obtain the transfer of purchased digital assets in fulfillment of the Binding Convert Order, the Customer must provide Stasis with a public address of the corresponding wallet that is valid and freely available to the Customer. The Customer must have power of disposal over the wallet. If the Customer places a Binding Convert Order and provides Stasis with a public address of the corresponding wallet that is invalid or that does not belong to the Customer (e.g.an Initial Coin Offering (ICO) address), Customer´s funds will be lost. Stasis may perform searches to try to recover lost digital assets but will not be required to do so. These searches remain at Stasis’ discretion and may be performed when large amounts quoted in € are involved. The Customer will have to pay for the costs of the search, which will take into account the technical complexity and the time required for the search.
Cancellation of Binding Sell Order: Binding Convert Orders may be canceled, as long as the digital assets have not been received by Stasis.
Partial Nullity
If any provision of these GTC is or becomes invalid, the content and validity of the other provisions shall not be affected thereby. In such a case, the invalid provision will be replaced by a provision that comes closest to the economic purpose that Stasis intended with the invalid provision.
Applicable Law and Place of Jurisdiction
These GTC are subject to and construed in accordance with the laws of Malta without giving effect to the conflict of laws or legal provisions of your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the GTC, the Customer´s relationship with Stasis, including any non-contractual obligations, are exclusively subject to the jurisdiction of Malta.