Client Master Services Agreement
We hereby give notice to amend the Client Master Services Agreement as follows:
- by deleting the definition of 'Digital Media' at clause 1.3 of Schedule 4 and Schedule 5 and replacing it with the following new definition to include 'API':
"References to ‘Digital Media’ means digital media communication systems, including API agreed by the Service Provider with the Client in advance of their use."
- by deleting the definition of 'Order' at clause 2.1 of Schedule 4 and replacing it with the following new definition:
"Order means a confirmation message on WhatsApp, Telegram or Slack or via API, from the Client sent to the Service Provider confirming the Client’s acceptance of a Quote for the Transaction and providing, among other things, the following: (1) the date on which the client made payment to the Service Provider’s account or the Service Provider’s nominated partner’s account; and (2) acceptable proof of payment."
- by incorporating the following disclaimer as new clause 7 in Schedule 4 and new clause 5 in Schedule 5.
"7. Exchange Rail Currency
In accordance with the Service Provider’s regulatory permissions, all transactions involve the use of virtual assets as the exchange rail currency, even if a fiat to fiat conversion has been requested by the Client (i.e. all transactions would involve a fiat to virtual asset conversion). The particular virtual asset used by the Service Provider to execute the conversion is at the discretion of the Service Provider. The virtual asset being used will be displayed as part of the quote provided to the Client by the Service Provider. The Client acknowledges and agrees that by accepting a quotation, that it fully understands the nature, scope and consequences of each transaction as well as the extent of its exposure to risk resulting from entering into such a transaction.
Coindirect Client Trading Agreement
We hereby give notice to amend the Coindirect Client Trading Agreement as follows:
- by deleting the definition of 'Order' and 'Accepted Order Confirmation' and replacing it with the following new definitions:
"“Order” shall mean a confirmation message on WhatsApp, Telegram or Slack or via API, from the Client sent to CD Digital Assets, S.L. setting forth, among other things, the following significant terms of an order: Digital Assets, Coin Price, the Aggregate Purchase or Sale Price, the Payment Date and the Wire Proof posted by Client."
"“Accepted Order Confirmation” shall mean a Whatsapp, Telegram or Slack message acceptance issued by a duly authorised representative of CD Digital Assets, S.L. or message acceptance via API confirming the Order will take place."
- by deleting clause 3 and replacing it with the following new clause 3:
"3. INSTRUCTIONS AND CORRESPONDENCE
Any oral or written instructions received by us (including electronic instructions received through the Trading Group) or instructions received via API in respect of any transaction and identified as to reasonably proper authority to our satisfaction shall be deemed to be your proper and duly authorized instructions and shall be binding on you, and we shall not be liable for acting upon such instructions even if such instructions contain an error or are not authentic or duly authorized."
- by incorporating the following new clause 5.1 as follows.
"5.11. Exchange Rail Currency
In accordance with CD Digital Assets, S.L.'s regulatory permissions, all transactions involve the use of virtual assets as the exchange rail currency, even if a fiat to fiat conversion has been requested by the Client (i.e. all transactions would involve a fiat to virtual asset conversion). The particular virtual asset used by CD Digital Assets, S.L. to execute the conversion is at the discretion of CD Digital Assets, S.L.. The virtual asset being used will be displayed as part of the quote provided to the Client by CD Digital Assets, S.L.. The Client acknowledges and agrees that by accepting a quotation, that it fully understands the nature, scope and consequences of each transaction as well as the extent of its exposure to risk resulting from entering into such a transaction.
Service Agreement
We hereby give notice to amend the Service Agreement as follows:
- by deleting the definition of 'Electronic Recorded Communication' and replacing it with the following new definition:
""Electronic Record Communication" shall mean electronic methods of communication as agreed to between the Parties, which shall be modified from time to time, which includes email, instant messaging, text messaging (SMS) and API messages."
- by incorporating the following new clause 16.8 as follows.
"16.8. Exchange Rail Currency
In accordance with CD Digital Assets, S.L.'s regulatory permissions, all transactions involve the use of virtual assets as the exchange rail currency, even if a fiat to fiat conversion has been requested by the Client (i.e. all transactions would involve a fiat to virtual asset conversion). The particular virtual asset used by CD Digital Assets, S.L. to execute the conversion is at the discretion of CD Digital Assets, S.L.. The virtual asset being used will be displayed as part of the quote provided to the Client by CD Digital Assets, S.L.. The Client acknowledges and agrees that by accepting a quotation, that it fully understands the nature, scope and consequences of each transaction as well as the extent of its exposure to risk resulting from entering into such a transaction.