Thank you for choosing Nexthash. The following Terms and Conditions and the Data Protection Policy (together, the “Terms”) apply to any person that registers for and/or opens a Nexthash Account through nexinter.com or any associated mobile applications, website, or APIs (together, the “Nexthash Site”).
The Terms constitute a legally binding agreement between you and each of:
For the purposes of the Terms, any reference to “we” “us” “our” “Nexthash” and/or any similar term shall be construed as reference to Nexthash Limited and/or NexinterExchange OU and/or Nexthash d.o.o.
By registering for and opening a Nexthash Account, you unconditionally accept these Terms and agree to be bound by and act in accordance with them. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you live that may be applicable to your use of the Nexthash Site and/or your Nexthash Account, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.
We refer to E-Money services, Digital Currency Services and Additional Services (all defined in below text) collectively as the Nexthash Services.
Please read these Terms carefully before using the Nexthash Site because they affect your legal rights and obligations.
Nexthash may amend the Terms from time to time. You should visit the Nexthash website regularly to check when the Terms were last updated (as displayed at the top of this document) and to review the current Terms. We will do our best to notify you of any amendments to the Terms that we consider likely to materially affect your rights and obligations. Any such notice will be posted on the Nexthash Site, or sent by email to the address associated with your Nexthash Account (see Electronic Communications).
The continued use of your Nexthash Account after any amendment to these Terms constitutes your acceptance of the Terms as modified by such amendment. If you do not accept the Terms, or any amendment to them, you must immediately stop using the Nexthash Site and your Nexthash Account. Failure to do so will signify your acceptance of the amended Terms.
By opening a Nexthash Account, you expressly warrant and represent that:
Before using the Nexthash Site, you should ensure that you understand the risks involved in buying, selling or trading cryptocurrencies. Cryptocurrency markets can be volatile and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of your assets. This market volatility and other risks involved in buying, selling or trading cryptocurrencies are explained on the risk warning of the Nexthash website. There may be additional risks not identified in these Terms or in the risk warning.
You should carefully assess whether your financial situation and risk tolerance is suitable for buying, selling or trading cryptocurrency. You accept and agree that you are solely responsible for any decision to buy, sell, trade or otherwise hold or deal with cryptocurrency.
You accept and agree that:
You may at any time withdraw your consent to receiving Communications electronically by contacting [email protected] You acknowledge that failure to give, or withdrawing, consent to receiving Communications electronically puts the security of your Nexthash Account at risk and that Nexthash reserves the right to close your Nexthash Account in the event you fail to give, or withdraw, your consent to the receipt of Communications electronically.
Nexthash implements and maintains the highest standards of Know Your Customer (“KYC”) processes and controls as part of our commitment to combating fraud and assisting in the prevention of money laundering and terrorist financing. While our industry is largely unregulated, Nexthash voluntarily adheres to local and international compliance standards in relation to customer due diligence, as explained on the Compliance page of the Nexthash website.
To ensure we meet these standards, our customers are required to provide certain personal details and documents when opening a Nexthash Account (“Identity Verification”). The nature and extent of the Identity Verification required will depend upon which of our supported countries you are resident in, and the deposit and withdrawal limits that you wish to apply to your Nexthash Account. In certain circumstances, Nexthash may also perform enhanced due diligence (“EDD”) procedures in relation to your Nexthash Account. You accept and agree that you will remain subject to such procedures at all times.
Nexthash reserves the right to, at any time:
You accept and agree that there may be delays in accessing your Nexthash Account, or in carrying out transactions through your Nexthash Account, while we undertake any Identity Verification and/or EDD procedures.
Retention of information. Nexthash is required to retain certain information and documentation obtained as part of the Identity Verification and EDD procedures. These requirements apply even when you have terminated your relationship with Nexthash. We reserve the right to keep such information and documentation for the required period and you accept and agree that information and documentation you provide to Nexthash may be retained by us, including following the closure of your Nexthash Account.
The following services (the “E-Wallet Services”) may be provided to you by NexinterExchange OU
The NextHash Wallet and E-wallet services are regulated by Estonian Financial Intelligence Unit (FIU). NextinterExchange OU is in hold of the Estonian Licence for providing a virtual currency wallet service: FRK000528
Estonian Licence for providing services of exchanging a virtual currency against a fiat currency: FVR000616.
E-Money services for transferring fiat using MasterCard and VISA card are provided to Nexinterexchange OU and its clients by Zota Technology Limited, New Horizon Building, Ground Floor, 3 ½ Miles Philip S.W. Goldson Highway, Belize City, Belize.
The Nexthash Wallet allows you to send, receive and store cryptocurrency (together, “Nexthash Wallet Transactions”).
Supported Cryptocurrencies. The Nexthash Wallet is only available in relation to the cryptocurrencies that Nexthash, in its sole discretion, decides to support (“Supported Cryptocurrency” or “Supported Cryptocurrencies”). The Supported Cryptocurrencies may change from time to time. Under no circumstances should you attempt to carry out a Nexthash Wallet Transaction in relation to a cryptocurrency other than a Supported Cryptocurrency. In particular, but without limiting the generality of the foregoing, you accept and agree that you will have no access, entitlement or claim:
Transaction instructions. Nexthash will process Nexthash Wallet Transactions according to your instructions. You accept and agree that Nexthash does not:
Where your identity has been verified (in accordance with the Identity Verification requirements), you may deposit Local Currency into your Nexthash Wallet by depositing funds into a Nexthash bank account (a “Deposit”).
Details of the Nexthash bank account into which you must make the Deposit will be provided to you by Nexthash d.o.o., Slovenia, and such bank account will be held and operated by a Nexthash d.o.o., Slovenia, a Nexthash Group subsidiary company. You accept and agree that any information you provide to Nexthash may be shared with any financial institution, which will process Local Currency transactions in accordance with Nexthash’s instructions.
Due to legal and operational constraints, you must strictly adhere to the following Deposit requirements (the “Deposit Requirements”):
Allocation of deposits. When you request to make a Deposit through your Nexthash Wallet, you will be provided with a Reference Number or Unique Deposit Amount. To permit timely and successful allocation of a Deposit to your Nexthash Wallet, you must use the Reference Number or Unique Deposit Amount when you make an online bank transfer or use any other Supported Deposit Method. Nexthash will not be responsible for any delay in or non-allocation of Deposits to your Nexthash Wallet where you fail to specify the required Reference Number or Unique Deposit Amount.
Deposits may take time to be reflected in your Nexthash Wallet due to bank processing times, operational processes, and/or failure by you to adhere to the Deposit Requirements. Under no circumstances will Nexthash have any liability to you in relation to any delay in or failure of a Deposit reflecting in your Nexthash Wallet.
Nexthash shall make all reasonable efforts to allocate Deposits that do not meet the Deposit Requirements. However, any Deposits less than the Minimum Unallocated Deposit Amount that cannot be allocated within a one month period will be retained by Nexthash and you accept and agree that you shall have no further claim or entitlement to such funds. The Minimum Unallocated Deposit Amount shall until otherwise determined by Nexthash be EUR10.00 or the equivalent in your Local Currency.
Where you have added your bank account details to your Nexthash Account, you may withdraw funds from your Nexthash Wallet to your bank account (a “Withdrawal”). Nexthash will process Withdrawals in accordance with your instructions. You are solely responsible for ensuring that any Withdrawal instructions provided to Nexthash, including the relevant bank account number, are complete and correct and you accept and agree that under no circumstances will Nexthash be under any obligation to reverse or amend any Withdrawal.
Nexthash will make all reasonable efforts to process Withdrawals each business day, in accordance with the Deposit and Withdrawal Schedule on the Nexthash website, but you accept and agree that Nexthash provides no guarantee in relation to the Withdrawal processing period.
Withdrawals to the bank account of any third party are expressly prohibited. You agree not to make, or attempt to make, any Withdrawal of funds from your Nexthash Wallet to the bank account of a third party and accept that any such Withdrawal may be refused and/or result in the restriction, suspension or termination of your Nexthash Account.
Nexthash Wallet holders may use the Instant Buy or Sell service to buy or sell a chosen amount of Supported Cryptocurrency at the quoted exchange rate.
In using the Instant Buy or Sell service, you accept and agree that:
Before confirming any Instant Buy or Sell transaction, you must ensure that the amount of Supported Cryptocurrency to be bought or sold is correct and that you agree to the quoted exchange rate. Nexthash cannot, and will not, reverse an executed order
Nexthash reserves the right to delay or refuse any Instant Buy or Sell transaction if, in our sole discretion, we perceive there to be a risk of fraud or illegal activity, or where we have reasonable grounds on which to suspect an error may have been made. Nexthash shall have no liability to you in connection with any delay in or non-completion of an Instant Buy or Sell transaction.
The Nexinter Exchange is an order book exchange platform for cryptocurrencies that is intended for use by customers with experience in and/or knowledge of similar platforms. Any person using the Nexinter Exchange does so entirely at their own risk.
Nexthash may, at any time and in our sole discretion, refuse any trade, impose limits on the trade amount permitted, or impose any other conditions or restrictions upon your use of the Nexinter Exchange that we deem necessary. We may, for example, limit the number of open orders that you may establish or restrict trades from certain locations. Nexthash reserves the right to take such action without prior notice.
The fees applicable to transactions undertaken on the Nexinter Site can be viewed on the Fees and Features page of the Nexinter website. Nexthash reserves the right to change our fees at any time and will update the Fees and Features page accordingly. In certain circumstances, and at our sole discretion, Nexthash may notify selected customers of a specific fee change, where we consider a change to be of particular relevance to such customers.
Send and Receive fees. You may be charged a fee to send Supported Cryptocurrency from your Nexinter Wallet and/or to receive Supported Cryptocurrency into your Nexinter Wallet. Fees will apply where Supported Cryptocurrency is sent to or received from a Supported Cryptocurrency address (e.g. a Bitcoin address); no fees will apply where Supported Cryptocurrency is sent to or received from a mobile telephone number or email address. Please see the Fees and Features page of the Nexinter website for further information on send and receive fees.
Deposit and Withdrawal fees. All Withdrawals from your Nexinter Wallet will incur a fee. Such fees differ by country and are set out on the Fees and Features page of the Nexinter website. Some Deposits made using a Supported Deposit Method may incur a fee, as set out on the Fees and Features page, and cash Deposits may incur a Cash Deposit Penalty (see Deposits ). Such fees will be displayed in your transaction history upon completion of the transaction.
Instant Buy and Sell fees. The quoted exchange rate in relation to any buy or sell order placed using the Instant Buy and Sell service will include an amount to reflect Nexinter’s facilitation of the relevant trade, the percentage of which will vary with market conditions (see Instant Buy or Sell).
Trade fees. Nexthash applies a Maker / Taker fee structure for customers using the Nexinter Exchange, which is explained in the Nexinter Help Centre. Please consult the Fees and Features page of the Nexinter website for further information on applicable Maker and Taker fees. Nexthash will, at the time of any transaction on the Nexinter Exchange, notify you of any fees that will apply to the transaction. By proceeding with any transaction, you accept and agree to the applicable fees. Such fees will also be displayed in your transaction history upon completion of the transaction.
Nexthash takes security very seriously and the measures we have in place to protect your Nexthash Account are explained on the Security Page of the Nexthash website. However, you are solely responsible for:
Nexthash takes security very seriously and the measures we have in place to protect your Nexthash Account are explained on the Security Page of the Nexthash website. However, you are solely responsible for:
Failure to take the above measures, and any other security measures available to you, may result in unauthorised access to your Nexthash Account and the loss or theft of any cryptocurrency and/or Local Currency balances held in your Nexthash Wallet or any linked bank account(s). Nexthash shall have no liability to you for or in connection with any unauthorised access to your Nexthash Account, where such unauthorised access was due to no fault of Nexthash, and/or any failure by you to act upon any notice or alert that we send to you.
The security of your Nexthash Account may be compromised, or interruption caused to it, by phishing, spoofing or other attack, computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment. Nexthash strongly recommends that you regularly use reputable virus screening and prevention software and remain alert to the fact that SMS, email services and search engines are vulnerable to spoofing and phishing attacks.
Care should be taken in reviewing messages purporting to originate from Nexthash and, should you have any uncertainty regarding the authenticity of any communication, you should log in to your Nexthash Account through the Nexthash website (specifically, www.nexthash.com) and not any other domain name or website purporting to be, or to be related to, Nexthash) to review any transactions or required actions.
To the maximum extent permitted by applicable law, you accept and agree that you have full responsibility for all activity that occurs in or through your Nexthash Account and accept all risks of any unauthorised or authorised access to your Nexthash Account.
Private keys. Nexthash securely stores all Supported Cryptocurrency private keys (“Private Keys”) associated with any Nexthash Account. You accept and agree that Nexthash may retain full ownership and control of the Private Keys associated with your Nexthash Account or assign the said ownership and control to trusted third parties and that you shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, Nexthash will not:
While we will do everything we can to provide continuous operations, Nexthash does not provide any warranty in relation to the availability of the Nexthash Site or your Nexthash Account. Without limiting the generality of the foregoing, we do not guarantee continuous access to the Nexthash Site or your Nexthash Account and make no representation that the Nexthash Site, Nexthash API, your Nexthash Account and/or any products or services offered therein will be available without interruption; or that there will be no delays, failures, errors, omissions or loss of transmitted information.
When you use your Nexthash Account to send or receive cryptocurrency, the transaction must be confirmed and recorded in the public ledger associated with the relevant cryptocurrency network (e.g. the Bitcoin network or the Ethereum network). That cryptocurrency network is solely responsible for verifying and confirming any such transactions. Nexthash cannot confirm, cancel or reverse transactions on a cryptocurrency network, other than confirming to you that the network has completed the transaction. You accept and agree that:
Network protocols and operating rules. The underlying software protocols that govern the operation of the Supported Cryptocurrencies are open source. Accordingly, anyone can use, copy, modify, and distribute them and Nexthash has no ownership of or control over these protocols. By using the Nexthash Site, you accept and agree that:
Local Currency deposited into your Nexthash Wallet may only be used for the purchase of Supported Cryptocurrencies and/or Withdrawal to an approved bank account. You must not use your Nexthash Wallet for the purpose of storing Local Currency. Should we have reasonable grounds on which to suspect you are using your Nexthash Wallet primarily for the purpose of storing Local Currency, Nexthash reserves the right to restrict, suspend or terminate your Nexthash Account.
Unclaimed property. In the event any funds are held in your Nexthash Wallet(s) and Nexthash has no record of any use of your Nexthash Account for several years, and we are unable to contact you, the law in your jurisdiction may require us to report and deliver such funds to the relevant authorities as unclaimed property. To the extent permitted by applicable law, Nexthash reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds.
You may close your Nexthash Account by submitting a closure request via the Help Centre. Nexthash will action such requests once (i) the sum of all Local Currency and cryptocurrency balances in your Nexthash Wallet(s) is below the Minimum Closure Amount; and (ii) no transactions have taken place in your Nexthash Account for a period of at least 30 days. Such requirements are designed to protect you from loss and Nexthash will not action a closure request until they are satisfied.
You accept and acknowledge that, once your Nexthash Account is closed:
If at the date of closure of your account any Local Currency or cryptocurrency remains in your Nexthash Wallet(s) (i.e. funds amounting to less than the Minimum Closure Amount), you accept and agree that Nexthash shall retain such funds and that you shall have no further claim to them. The Minimum Closure Amount shall be EUR10.00 or the equivalent in your Local Currency.
You accept and agree that Nexthash shall not be liable to you or any third party in relation to the closure of your Nexthash Account, the termination of access to your Nexthash Account, or for the deletion of your information or Nexthash Account data.
Nexthash reserves the right to restrict, suspend or terminate your Nexthash Account where:
Nexthash will make all reasonable efforts to provide you with notice of any decision to restrict, suspend or terminate your Nexthash Account, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Nexthash’s security and/or risk management procedures. You accept and agree that Nexthash is under no obligation to disclose to you the fact of or reason for any decision to restrict, suspend or terminate your Nexthash Account, and shall have no liability to you in connection with the restriction, suspension or termination of your Nexthash Account.
Nexthash’s Application Programming Interface (together, the “Nexthash API”) shall soon be introduced as part of Nexthash’ services. Any use of the Nexthash API is subject to this section and, for the avoidance of doubt, the Terms in their entirety.
Any use of the Nexthash API as and when it will be introduced is entirely at your own risk. It is your responsibility to keep any API keys, passwords or other credentials relating to your use of the Nexthash API secure, and you accept and agree that you take full responsibility for any and all requests made over the API, whether authorised by you or not.
Nexthash sets and enforces limits on your use of the Nexthash API (e.g. limiting the number of requests per second). You accept and agree that any circumvention of, or attempt to circumvent, these limits, or any use of the Nexthash API that may adversely affect other users of the Nexthash Site, may result in Nexthash, at its sole discretion, revoking your API access.
Under no circumstances does any information contained on the Nexthash Site, or provided to you through your Nexthash Account or by any employee, agent or affiliate of Nexthash, constitute financial, investment or other professonal advice.
You are solely responsible for any decision to store, buy or sell cryptocurrency, and such decision should take into account your risk tolerance and financial circumstances. For more information on the risks involved, see Risks and the Risk Warning on the Nexthash website. You should consult your legal or tax professional in relation to your specific situation.
You are solely responsible for determining whether, and to what extent, any taxes apply to any transactions you carry out through your Nexthash Account, and for withholding, collecting, reporting and remitting the correct amounts of tax to the appropriate tax authorities.
Your use of the Nexthash Site is subject to international export controls and economic sanctions requirements. By undertaking any activity on the Nexthash Site or through your Nexthash Account, including but not limited to sending, receiving, buying, selling, storing or trading any cryptocurrency, you agree that you will at all times comply with those requirements. In particular, and without any limitation to the generality of the foregoing, you may not open, use, or have access to any Nexthash Account if:
You must not use your Nexthash Account to undertake any of the activities or categories of activity set out in this section (each a “Prohibited Activity”):
By opening a Nexthash Account, you confirm that you will not use your account to undertake any of the above-listed Prohibited Activities or any similar or related activity
Activities subject to the prior written approval of Nexthash. Unless you have obtained the prior written approval of Nexthash, you accept and agree that you will not use your Nexthash Account to conduct or operate any of the following business activities or categories of activity:
We reserve the right to restrict, suspend or terminate your Nexthash Account if we suspect, in our sole discretion, that you are using, or have used, your Nexthash Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of Nexthash.
The Nexthash Site, your Nexthash Account and any related products or services are offered on a strictly “as-is” and “where-available” basis and Nexthash expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Nexthash Site, your Nexthash Account, and any related products or services are offered without any warranty as to merchantability or fitness for any particular purpose.
Some jurisdictions do not allow the disclaimer of implied terms in consumer contracts, so some or all of the disclaimers in this section may not apply to you.
In no event shall Nexthash, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to you for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract, tort or otherwise, arising out of or in any way connected with your use of, inability to use, or unavailability of the Nexthash Site and/or your Nexthash Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Nexthash, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to Nexthash’s records, programmes or services.
In no event will any liability of Nexthash, its operating entities or any other affiliates (including their respective directors, members, employees or agents) arising in relation to your use of the Nexthash Site or your Nexthash Account, exceed (in aggregate) the fees earned by Nexthash in connection with your use of your Nexthash Account in the six month period immediately preceding the event giving rise to the claim for liability.
The above limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, some of the limitations in this section may not apply to you.
To the maximum extent permitted by law, you agree to indemnify Nexthash, its operating entities or any other affiliates (including their respective directors, members, employees or agents) against any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred directly or indirectly arising from your use of or conduct in relation to the Nexthash Site and/or your Nexthash Account, or from your violation of these Terms.
You and we agree to notify the other party in writing of any claim or dispute that arises in relation to the Nexthash Site, your Nexthash Account or these Terms, within 30 days of such claim or dispute arising. You and we further agree to attempt informal resolution of any Dispute prior to bringing a claim in any court or other body.
Governing law and jurisdiction. This agreement shall be governed by and construed in accordance with Maltese law, subject to any local mandatory rights you may have. You and we agree to submit all disputes, claims or controversies (including non-contractual Disputes, claims or controversies) arising out of or in connection with these Terms, or the breach, termination, enforcement or interpretation thereof (together, Disputes), to the non-exclusive jurisdiction of the courts of Malta.
Class or representative action waiver. To the maximum extent permissible by law, you and Nexthash each agree that each may bring any Dispute against the other only in your or its individual capacity, and you and it waive any right to commence or participate in any class action or other representative action or proceeding against the other. Further, where permissible by law, unless both you and Nexthash agree otherwise, no court may consolidate any other person’s claim(s) with your Dispute, and may not otherwise preside over any form of representative or class proceeding.
For the avoidance of doubt, if this Class or representative action waiver is found by any court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Disputes clause shall remain valid and enforceable.
Entire agreement. These Terms constitute the entire agreement and understanding between you and Nexthash with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind between you and Nexthash (including but not limited to any prior versions of these Terms).
Severability. If any provision of these Terms, as amended from time to time, is determined to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected and everything else in these Terms will continue in full force and effect.
In the event any provision or part thereof of these Terms is determined to be illegal, invalid or unenforceable, that provision or part thereof shall be replaced by the parties with a legal, valid and enforceable provision or part thereof that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision, given the content and purpose of these Terms.
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without Nexthash’s prior written approval. You give Nexthash your approval to assign or transfer these Terms in whole or in part, including but not limited to: (i) a subsidiary or affiliate; (ii) an acquirer of Nexthash’s equity, business or assets; or (iii) a successor by merger.
Change of control. In the event that Nexthash is acquired by or merged with a third party, we reserve the right to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Force Majeure. Nexthash shall not be liable for any delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
Survival. All provisions of these Terms that by their nature extend beyond the expiry or termination of these Terms, including but not limited to, sections relating to the suspension or termination of your Nexthash Account, use of the Nexthash Site, disputes with Nexthash and general provisions, shall survive the termination of these Terms.
Headings. Section headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.
English language controls. Notwithstanding any other provision of these Terms, any translation is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretation in the English language. Any translation provided may not accurately represent the information in the original English