Terms & Conditions

WEBSITE TERMS AND CONDITIONS

This website (the “Website”) is owned and operated by VitaMining Technology. (“VitaMining”). The Terms and Conditions set forth below (the “Terms”) govern the use of the Website. VitaMining reserves the right to change the Terms at any time, at its sole discretion, without advance notice.

1.Acceptance of our Terms

By accessing, viewing and otherwise using any information contained on the website, you agree to be bound by the terms. You understand, agree and acknowledge that these terms constitute a legally binding agreement between you and vitamining, and your use of this website indicates your acceptance of all terms.

2.Definitions.

“Dead on Arrival” or “DOA” when used herein means that Miner(s) will not power on when they arrive at the Final Destination. Power in this sense means that the Miner(s) receive greater than 0.001% energy from the power source.

“Delivery Grace Period” when used herein means a period of forty-five (45) days, which begins on the day You are notified of Equipment being delivered to the Equipment Warehouse.

“Equipment” when used herein means any good sold on or through the Website and includes, but is not necessarily limited to, bitcoin miners, such as Antminer S19j Pro; Antminer S19j; Antminer S19XP; Antminer L7; Antminer S17; Antminer S17 Pro; Avalon 1166 Pro; Avalon 1246; Innosilicon T3+; Whatsminer M21S; Whatsminer M30+; Whatsminer M32; Whatsminer M20; Whatsminer M21; Whatsminer M31; and Mining Power Supply. These Equipment offerings are subject to availability. The most up to date information regarding stock of specific Equipment can be found here: https://VitaMiningmanagement.com/products.

“Final Destination” when used herein means either: (A) a Data Center, which is owned or lawfully possessed by VitaMining, for Hosted Miner(s); or (B) an address provided by You, for Non-Hosted Miner(s).

“Hash Rate” when used herein means the speed of the computing device used by a Miner to develop a unit of cryptocurrency and is the ultimate speed at which the Miner operates.  

“Hosted Miners” when used herein means Miner(s) owned by You, that are subject to Hosting Services under a Master Services Agreement or valid Voucher.

“Hosting Services” when used herein means management and hosting services offered by VitaMining, the scope of which are more specifically defined in the Master Services Agreement.

“Inspection Period” when used herein means twenty-four (24) hours from the date Your Equipment is delivered to the Final Destination.

“MA Hash Not Met” when used herein means that Equipment is online, is reachable and is hashing, but at a rate less than seventy-five (75) percent of the expected Hash Rate for a period of two (2) consecutive hours.

“MA Hash Rate” when used herein means a minimum acceptable hash rate, which amounts to at least seventy-five (75) percent of the total expected Hash Rate of the Miner(s).

“Miner(s)” when used herein means bitcoin miners and includes Antminer S19j Pro; Antminer S19j; Antminer S19XP; Antminer L7; Antminer S17; Antminer S17 Pro; Avalon 1166 Pro; Avalon 1246; Innosilicon T3+; Whatsminer M21S; Whatsminer M30+; Whatsminer M32; Whatsminer M20; Whatsminer M21; Whatsminer M31. As with Equipment, the particular make, model, and tera hash of Miner offerings are subject to availability.

“Non-Hosted Miners” when used herein means Miner(s) owned by You, that are not subject to Hosting Services under a Master Services Agreement.

“PSC” when used herein means preferred shipping company.

“Repair” when used herein a repair means efforts to fix or remedy Technical Issues in the Equipment.

“Replace” or “Replacement” when used herein means the exchange of Miner(s) that are DOA or MA Hash Rate Not Met by VitaMining with Miner(s) that are substantially the same. Replacement Miner(s) may not be the same brand, make, or model, but will have a comparable terahash and be of comparable age, usage, and condition.

“Return” when used herein means that VitaMining will retake possession of Miner(s) under the circumstances indicated in Section 10.

“Storage Fee(s)” when used herein means a fee charged to You for storing Equipment at the Equipment Warehouse, or any Data Center when Your Equipment is not picked up, transported, or otherwise shipped by You within the Delivery Grace Period. Storage Fees will not exceed $50.00 per day, and will accrue, per day, until the Equipment is removed from the Equipment Warehouse or Data Center, by You.

3.Proprietary Rights and Confidentiality

You acknowledge and agree that this website contains proprietary and confidential information, including but not limited to trademarks, service marks and patents protected by applicable laws. You can view and copy some of its contents for offline, personal and non-commercial purposes. You may not sell, copy, modify, copy or distribute any content of this website without our prior written permission, which may be rejected for any reason. Any third party trademarks, service marks, logos and other intellectual property rights are the property of their respective owners. Any other rights not expressly granted in this Agreement are reserved.

4.Data Security

Because Internet e-mail is usually insecure, any e-mail you send us should not contain any confidential information. In addition, vitamining cannot ensure and does not guarantee the security of any information you send to us, and you shall do so at your own risk. Once vitamining receives your information, we will make commercially reasonable efforts to ensure its security, but we do not assume the responsibility of unintentional disclosure. Vitamining will only use your email address for communication purposes. Although vitamining can receive email or other information you provide through the website in most cases, vitamining cannot guarantee the timely and accurate receipt of all such email or other information, and vitamining has no legal obligation to read, process or reply to any such email or other information. For more information about the information collected by vitamining, how vitamining uses it, and your rights to personal data, please check our privacy policy:

https://VitaMiningmanagement.com/privacy-policy/

5.Termination of Agreement

These terms will continue to apply permanently until vitamining changes or terminates, and vitamining may change or terminate at any time for any reason without notice.

6.No Warranties

You understand and agree that your use of this website is entirely at your own risk. Our services are provided "as is". Vitamining makes no express or implied warranty, endorsement or representation in any form on the operation of the website or the information, content and materials contained therein. Without limiting the foregoing, vitamining hereby disclaims all implied warranties of merchantability, fitness for a particular purpose and non infringement, and warrants that the access or use of the website will not be disturbed or error free, or that the defects of the website will be corrected, or that the server accessing the website is free from viruses, worms, Trojans, or other harmful ingredients. Vitamining shall not be liable for any damage or expense incurred by you due to any inaccuracy, incompleteness or obsolescence of any information contained on the website. All services and plans described on or through this website are subject to availability and may be changed from time to time. If you visit this website from outside the United States, you are responsible for complying with foreign and local laws. All content and other information on this website is provided on the premise that the authors, publishers and distributors do not provide legal, accounting or other professional advice or opinions on your specific facts, and vitamining assumes no responsibility. Vitamining is not responsible for any opinions and opinions of individuals or entities other than vitamining.

In addition, any comments, suggestions, statements, blogs, advertisements or other comments contained on the website should not be relied on or interpreted as professional suggestions from the website or vitamining. This website does not guarantee the accuracy or completeness of any information provided, nor is it responsible for any loss caused by your reliance on such information.

7.Limitation of Liability

You understand and agree that under no circumstances will vitamining and its subsidiaries and affiliates be liable for any direct, indirect, incidental, consequential or exemplary damages related to this website, the equipment purchased from this website or the services described in these terms and conditions. This shall include but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of procedures or information or other intangible losses. The above restrictions apply whether vitamining has been informed or should have been aware of the possibility of such damage. In jurisdictions that do not allow the exclusion or limitation of liability for indirect or incidental damages, vitamining's liability is limited to the maximum extent permitted by law. You agree that there is no joint venture, partnership, employment or agency relationship between you and vitamining due to these terms or your use of this website.

8.Indemnification & Remedies

Your sole remedy for any breach or breach of this agreement by the website and / or vitamining is to refund any fees paid by the website and / or vitamining for any services provided and / or products sold and delivered under this agreement. You indemnify and hold harmless the website, vitamining, its officers, employees, agents, affiliates, licensees, network hosting services and third parties from and against any losses, costs, liabilities and expenses (including but not limited to court fees, legal fees, awards or settlements) arising from your use of the website, including your breach of the terms of this agreement.

9.External Content

The website may contain hyperlinks to third-party content or websites. You acknowledge and agree that vitamining is not responsible for any information, advertisements, products or resources provided by third-party content or websites, nor does it recognize such information, advertisements, products or resources. Vitamining is not responsible for any errors in the illegality or accuracy of any third-party content, information, materials or websites.

10.Jurisdiction

You expressly understand and agree that: (a) this clause shall be governed by and construed in accordance with the laws of the state of Florida; (b) Submit to the exclusive personal jurisdiction of the Miami Dade County Court to resolve any legal issues arising from or in any way related to your use of the website. You expressly waive any defense based on personal jurisdiction or inconvenient court. If a court of competent jurisdiction decides that any provision of a provision is invalid, illegal or unenforceable, the provision will be deleted from the provision and the remaining provisions will remain in force.

11.Return Policy.

Vitamining only accepts returns from miners in two cases: (1) DOA miners; (2) Miners who are considered to have failed to meet the requirements. The terms DOA and Ma are inconsistent. Only miners with any of the above technical problems can return the goods. If your miner does not meet DOA or Ma hash, vitamining will not accept the miner's return.

Hosted Miners. If your miners are hosted by vitamining, vitamining will pick up your miners and determine whether any miners are eligible to return. If your miner fails to meet the DOA or Ma requirements, vitamining will notify you as soon as reasonably practicable. If the miner is eligible to return, vitamining will: (a) provide services to repair the miner at no additional cost to you; Or (b) accept the miner's return and issue a refund; Or (c) replace the miner. If the repair, replacement or return requires transportation, vitamining will pay the cost of transporting the miners.

Non-Hosted Miners. Non-Hosted Miners will be delivered in accordance with the transportation policy set out in section 11. You must notify vitamining of any miners whose DOA or Ma hash is not met during the inspection. Any right to repair, replace or refund must be verified by vitamining through independent testing to prove that the miner does not meet DOA and / or Ma hash. If vitamining determines that any alleged DOA or Ma hash not met miner is not eligible, you will be responsible for the transportation costs associated with returning the miner to you. At the end of the inspection period, miners are not allowed to return under any circumstances, and vitamining will not accept any return of miners, even if they are subsequently determined to be DOA or ineligible for Ma hash.

12.Shipping Policy.

When you purchase equipment, vitamining will arrange to ship the equipment to its equipment warehouse. Vitamining will notify you when the equipment is delivered to the equipment warehouse. In arranging the transportation of equipment to the equipment warehouse, vitamining may employ third parties, such as carriers, transportation suppliers or other entities. You will not be responsible for the cost of transporting the equipment to the equipment warehouse. If there are applicable taxes, such as import tax, export tax or sales tax, you are not responsible for the expenses related to the transportation of the equipment to the equipment warehouse. Vitamining will use commercially reasonable efforts to ensure that the equipment is delivered to the equipment warehouse within a reasonable time. However, vitamining shall not be liable for any damage (whether actual, direct, indirect, consequential, incidental or otherwise) caused by the delay in shipment, unless caused by vitamining's gross negligence or intentional tort.

Once you are informed that the equipment has been delivered to the equipment warehouse, you will be fully responsible for arranging the pick-up, shipment and transportation of the equipment from the equipment warehouse to the final destination. Vitamining will provide you with the information and cost of using PSC to assist in transporting the equipment from the equipment warehouse to the final destination. You can refuse to use PSC or accept its transportation service at your discretion. Vitamining has no association, cooperation or other association with PSC. Vitamining does not control PSC, does not mean they accept payment, does not mean they negotiate fees or rates, and does not control their methods, methods or transportation practices. Although you are not responsible for the transportation costs or taxes related to transporting the equipment to the equipment warehouse, you will be responsible for the costs and expenses related to transporting the equipment from the equipment warehouse to the final destination.

The equipment must be picked up, handled or otherwise transported by you from the equipment warehouse within the delivery grace period. If the buyer fails to transport the equipment within the delivery grace period, vitamining may charge a storage fee. You must pay any storage charges before the equipment is shipped. If you do not pay the unpaid storage charges, vitamining may refuse to release your equipment. 

13.Purchase Processes [Online Purchases Only].

When you purchase to us, you will receive an invoice from vitamining. You will also be prompted to choose "host me" or "host yourself". Your invoice only includes the price of the equipment and does not include the fees, costs or other amounts payable for hosting services. After receiving the invoice, you do not need to take further action until your vitamining representative contacts you. The representative will contact you within twenty-four (24) hours after you submit your order through the email address and / or telephone number you provided at the time of checkout. At this point, the representative will provide a formal purchase agreement, which you must sign before submitting payment, and provide you with instructions for submitting payment. If you select the "host me" option when checking out, you will also receive a separate master service agreement and host service invoice. If you fail to pay for the equipment purchased through the website within the time specified in the purchase agreement, or execute the purchase agreement provided by your representative, vitamining will not deliver your equipment.

14.Entire Agreement

You understand and agree that these terms and any applicable master service agreement and purchase order constitute the entire agreement between you and vitamining with respect to the website and the purchased equipment and services provided. This clause supersedes all electronic, oral or written communications and suggestions you have made with vitamining on this website before or during the same period. When you use, purchase or access other services, ancillary services or third-party content or materials, you may be subject to other terms and conditions.

15.Modification of the Terms

Vitamining reserves the right to modify the terms at any time at its sole discretion without notice. The change of the terms will take effect after the publication. Your continued use of this website after the change of the terms will mean that you agree to be bound by it.

16.Risk

You know that cryptocurrency, cryptomining and virtual money markets can be unstable and unstable. You further understand and acknowledge that the exchange rate or value of cryptocurrency may fluctuate. Vitamining makes no warranty or representation as to the reasonableness of the purchase of equipment for mining activities or the profitability of such activities. By using this website and purchasing products and services from this website, you agree that you understand the risks involved and have an independent opportunity to explore the feasibility of purchase before participating in vitamining.

17.Contact.

If You have questions, comments, or concerns about these Terms and Conditions or any of the information contained on the Website please send an email to sales@vitaminingbank.com with the subject line “Terms & Conditions Inquiry” to speak with a Customer Service Associate.