1.1. These Terms & Conditions (hereinafter referred to as the “Terms”) of Hawex Operators (as defined below) regulate relations between Hawex Operators and individuals, corporate persons, personal companies and their analogues to whom Hawex Services (as defined below) are rendered, or who have applied to the Hawex (as defined below) for its services. Hawex Operators and the Client hereinafter are jointly referred to as the Parties.
1.2. Upon entering into business relations with Hawex, the Client certifies that it has studied the Terms, provisions of the respective agreements entered into with Hawex, the Hawex’s Fees and the general currency exchange rates set by Hawex, agrees thereto and recognizes the same as binding upon itself with regard to all Transactions.
1.3. The Terms shall constitute an integral part of all Transactions and agreements between the Parties. The Terms have the same legal force as other conditions of agreements concluded between the Parties. In case of any discrepancy between the norms of the Terms and the norms stipulated in any agreement between the Parties, the norms stipulated in the agreement between the Parties shall apply.
1.4. Current versions of the Terms, Fees, general currency exchange rates and interest rates set by Hawex Operators are available for the Client at the website hawex.com.
1.5. The Parties shall be entitled to conclude Transactions electronically in cases and in accordance with procedures stated by Hawex.
1.6. The headings and table of contents provided herein are for convenience of reference only and shall not affect construction or interpretation of these Terms.
The terms listed below shall have the same meaning throughout this document
Beneficiary or Beneficial Owner
The person concerned receiving all interest and other benefits resulting from the Transactions
The remuneration for services rendered to the Client by Hawex Operators
The clients of Hawex Operators to whom Hawex Operators provides its services in line with these Terms
Mean any persons to whom one or more of the following conditions apply: a. one of the persons controls, directly or indirectly, another person in connection with decisive influence, on the basis of an agreement on interest, concern agreement or similar relations; b. the persons are closely related to a person to which provisions a) of this paragraph applies; c. the persons have a common Beneficiary
A list of currencies utilized by Hawex Operators
The Current Account opened by the Client with Hawex Operators in line with these Terms
refer to all parties that run Hawex, including but not limited to legal persons (including Hawex Group Ltd, incorporated in the United Kingdom of Great Britain and Northern Ireland with Company number 13502374, having its registered office at Unit 111470, Second Floor, 6 Market Place, London, Fitzrovia, W1W 8AF, United Kingdom;
Alsaqr Payment Services Provider, incorporated in the United Arab Emirates, Dubai, with license number 1087709, Mainland having registered office at Liberty Building, Land Area Al Garhoud, Plot №161-0, Land DM №214-505, Makani №32731 93073, Office № M3-0300, Dubai, United Arab Emirates;
Credex Multipay UAB, incorporated in the Republic of Lithuania with Company number 306072123, having its registered office at Eisiskiu Sodu 18-oji g.11, LT-02194 Vilnius, Republic of Lithuania), unincorporated organizations and teams that provide Hawex Services and are responsible for such services. For convenience, unless otherwise stated, references to “Hawex” and “we” in these Terms specifically mean Hawex Operators. UNDER THESE TERMS, HAWEX OPERATORS MAY CHANGE AS HAWEX’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF HAWEX OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW HAWEX SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE HAWEX SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED HAWEX OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS
refer to various services provided to you by Hawex Operators that are based on Internet and/or blockchain technologies and offered via Hawex websites, mobile applications, clients and other forms (including new ones enabled by future technological development). Hawex Services include but are not limited to such Hawex ecosystem components as Digital Asset Trading Platforms, the financing sector, consulting services and novel services to be provided by Hawex Operators
Internetbank means a system that allows Client to receive services provided by Hawex Operators via the Internet (through Website or mobile application) e.g., make fund transfers, pay bills, etc. Client can access the Internet Bank from a computer, tablet, smartphone simply through a browser. Internetbank considered to be secure communication channel between Hawex Operators and Client
The Financial Action Task Force
FATF Monitored Jurisdictions
The jurisdictions being monitored by the FATF
The notices sent by the Client to Hawex Operators in terms of clause 8.1 of these Terms
The Office of Foreign Asset Control
An overdraft for discharging the Client’s payment obligations to Hawex
These Terms and Conditions
All transactions between the Client and Hawex Operators subject to these Terms
The authorized representative of the Client who shall be entitled to access the services on behalf of the Client
2.1. Hawex Operators is entitled to unilaterally amend the Terms. Hawex will notify Client of any such amendments to Terms at the website hawex.com (publishing the text of the Terms). Hawex shall be entitled to inform Client of such amendments to Terms individually by means of a respective notice via Internetbank.
2.2. Amendments to the Terms shall enter into effect and become binding upon Client on 31st day from the date of notification at the website hawex.com, unless such amendments to the Terms or legal enactments of the applicable law provide for a different term of entering into effect. Hawex shall not be responsible for the Client’s losses or other expenses, should the Client fail to familiarize itself with amendments to Terms.
2.3. Amendments to the Terms shall not apply to the Transactions that have been executed and completed before the date on which amendments to the Terms enter into effect.
2.4. Should the Client fail to submit its objections to Hawex before the day on which amendments to the Terms become effective, the Client shall be deemed to agree to amending legal relations between the Parties as stated in amendments to the Terms. Should the Client disagree to the amendments, it shall be entitled to terminate its business relations with Hawex that are affected by the proposed amendments immediately, before the day on which amendments become effective, without penal sanctions applied. Should the relations be terminated, the Client shall submit all required documents to Hawex and take all required steps to discharge the obligations arising out of the legal relations between the Parties.
3.1. Client represents that:
a. Client has full legal capacity and ability to act in order to execute and perform Transactions;
b. Client has all rights, permissions, licenses and authorizations in order to execute and perform Transaction;
c. Transaction and all its consequences are binding upon the Client and do not cause infringements of the applicable laws;
d. The Client shall be deemed to be the Beneficiary of the Transactions with Hawex unless the Client has supplied Hawex with data on a different beneficiary of the Client;
e. All information supplied by the Client to Hawex, including information on its Beneficiary, activities, financial condition, and location, is true and is not misleading. All documents and Notices supplied by Client to Hawex are true and valid. Client has been informed of criminal responsibility for supplying Hawex with false information;
f. The Client has not offered, promised or given something or any preference to any Hawex’s employee, directly or indirectly, for the latter to act or abstain from any action in infringement of his duties;
g. The Client is not engaged in money laundering, that is, concealing or disguising the criminal origin of funds or other estate obtained as a result of criminal offence, or in terrorism financing, and the Client’s funds on deposit at Hawex have not been obtained through unlawful means;
h. The Client, the Client's authorized official or Beneficial Owner is not a citizen or resident of any FATF Monitored Jurisdictions, such as Iran, Democratic People's Republic of Korea (North Korea), or any other country or territory when according to FATF is considered or will be considered prohibited for cooperation. In case the Client, the Client's authorized official or Beneficial Owner is citizen or resident of FATF Monitored Jurisdictions or any of high risk third countries, Hawex AML department will take a decision regarding the possible termination with such Client. If the Client, the Client's authorized official or Beneficial Owner is citizen or resident of countries or territories with military actions (e.g., war) or political instability, or client's business activity is located or related to countries or territories with military actions or political instability, the Hawex AML department will also need to monitor such a relationship with the Client for money laundering risks which may result in the termination of the Client;
i. The Client, the Client's authorized official or Beneficial Owner or Client's related legal entity is not included in OFAC, United Nations sanctions regime;
j. the Client does not cooperate with the Iran, Democratic People's Republic of Korea (North Korea), or any other prohibited for cooperation country or territory included in financial sanctions regime, and does not cooperate with any individual or company included in the OFAC, United Nations sanctions regime;
k. Client is not a national or resident of Iran, Iraq, Democratic People's Republic of Korea (North Korea), Cuba, Syria, the Crimea, Donetsk and Luhansk regions, or any other country included in the OFAC, United Nations sanctions regime;
l. the Client does not cooperate with the Iran, Iraq, Democratic People's Republic of Korea (North Korea), Cuba, Syria, the Crimea, Donetsk and Luhansk regions or any other country, individual or company included in the OFAC, United Nations sanctions regime.
3.2. The Client’s representative, concluding the Transaction on behalf of Client, certifies that it is duly authorized and entitled to conclude the Transaction, sign documents of the Transaction, and carry out other actions required to perform the Transaction or related to the same. Should such certification be false, the Client’s representative concluding the Transaction on behalf of the Client assumes all obligations of the Client against Hawex.
3.3. Hawex shall be entitled to verify the representation and certification and other information supplied by the Client at any time. During such verification Hawex is entitled to abstain from performing any Transaction with the Client.