NOKN stablenodes (nokencoins) and cryptocurrencies general terms and conditions

These general terms and conditions of the Nokenchain community’s NOKN and cryptocurrencies stablenode apply to the contractual relations between the Nokenchain community and the entity or person who accepts these conditions called “the Member”.
The Nokenchain community designates the site https://nokenchain.net exclusively owned and operated by THUILLET-NOKENCHAIN, a a self-employed business under French law, administratively domiciled at BP 1, 88 rue d’Eaubonne, 95100 ARGENTEUIL, FRANCE, SIREN 451 361 315 (hereinafter referred to as “Nokenchain” or “Nokenchain community”), and any natural or legal person, consumer or professional, governed by private or public law, creating a user account on the Nokenchain community website (hereinafter referred to as the “User “). The User and the Nokenchain community being individually or jointly referred to as the “Party(ies)”.

This contract comes into force on the date on which the Member orders a stablenode from The Nokenchain community and the stablenode is installed.

ARTICLE 1 : NATURE OF THE STABLENODE AND LEGAL FRAMEWORK

“Stablenode” designates a stable node connected to the Blockchain network allowing transactions to be carried out and information to be transmitted.
This activity is, in France, income from occasional activities subject to the flat tax (Prélévement Forfaitaire Unique / PFU) at 30% in the event of capital gain.
French taxation relates ONLY to the overall capital gain of all taxable transactions carried out during the calendar year.
If the Member is not in France, he undertakes to inquire about the taxation in his country.

ARTICLE 2 : CHARACTERISTICS OF THE STABLENODE

2.1 : A nominative and personal node

The stablenode is nominative and personal, that is to say it can only be opened to one person and only on an individual basis (no joint account), by a natural person.

2.2 : Multiple detention

The same person can hold several stablenodes.
In case of creation of a stablenode, The Nokenchain community, on administrative request only, may possibly be required to transmit the following information to the tax authorities : Last name, first name , gender and postal address of the Member.

2.3 : Unlimited creations

The number of creations is not limited and there is no cap.

2.4 : Rewards and stablenode termination (general conditions)

The rewards are sent 2 times a year (January and July) to the Customer’s wallet (electronic wallet).
Stablenode can be stopped on request by email. The Member then recovers the euro value of the stablenode in its cryptocurrency (for example 100 euros of bitcoin if the Customer had a BTC 100 stablenode) on his Waves wallet. Installation fees are non-refundable.

2.5 : Duration

The stablenode is active for an indefinite period, subject to article 10 hereof.

ARTICLE 3 : CREATION OF THE STABLENODE

When requesting the creation of a stablenode, the Member declares on honor that he meets the eligibility conditions allowing him to create one.
In the event of a creation request made remotely or following canvassing, and subject to the Member’s right of withdrawal, the conditions of which are detailed in Article 14 hereof, the stablenode is created within 1 to 5 days depending on the payment method used.

ARTICLE 4 : HOW THE STABLENODE WORKS

The stablenode operates under the general responsibility of the Member through the services of The Nokenchain community. It cannot be pledged.
An addition is reflected by the creation of a new stablenode.
A withdrawal (excluding rewards) is reflected by the stablenode being stopped.

4.1 : Minimum to create the stablenode

The creation of a stablenode requires the initial payment of a minimum amount of 50 euros (stablenode 50).
In the event of payment by check, the creation is “subject to collection”, that is to say that the stablenode is only created upon receipt of the check validated by the bank of The Nokenchain community.
Payment can also be made by bank transfer, credit card or cryptocurrency, issued from the Member’s nokenchain.net account.
The Member can make a payment whenever he wishes in order to create an additional stablenode.

4.2 : Rewards

The rewards are sent 2 times per year (January and July) to the Customer’s wallet (electronic wallet), of which he is 100% responsible for managing. In the event of exceptional impediment, the rewards are kept and then sent the following week.
Once these have been received, the Member is free to do with them what he wants.

4.3 : Other access

Under his sole responsibility, the Member can give his wallet password (password allowing access to his electronic wallet) or his seed phrase (blockchain password composed of several words) to an other person.
Transactions carried out on the wallet by persons other than the Member, within the framework of the powers entrusted to him by the Member, engage the entire responsibility of the Member.
In the event of theft on his wallet, the Member accepts all the responsibilities and consequences as well.

ARTICLE 5 : RETURN AND TAXATION

5.1 : Yield

The rate of return of the stablenode, between 0 and 10%/year, and its possible variations (linked to the activities of the blockchains), is published regularly on the social networks and the blog of The Nokenchain community so that the Member can have a follow-up. In case of impediment from the Nokenchain community or lack of human resources, the Member can request by e-mail.
The rewards arrive within 7 days once the stablenode is installed (except in exceptional cases).
They are sent until the stablenode stops.

5.2 : Taxation

Rewards may be subject to taxation (inquire for your country).
In France, if they are converted into euros and generate a capital gain, they are subject to the flat tax (Prélévement Forfaitaire Unique / PFU) of 30%.

ARTICLE 6 : PRICING

Stablenode running and stopping operations do not incur any costs.
The creation of the stablenode incurs an installation fee of 4%.

ARTICLE 7 : MEMBER INFORMATION – HISTORY OF REWARDS

The blockchain will keep the entries and immediately report on any transactions that have affected the account.
the Nokenchain community will regularly establish and send the Member a statement (“Historique”) which he can check with a view to possibly reporting an error or omission.
This free statement (“Historique”) will be provided by email to the Member.

ARTICLE 8 : MODIFICATION OF THE REGULATORY CONDITIONS AND GENERAL CONDITIONS

8.1 : Modification of regulatory conditions

Any legislative or regulatory measure affecting the stablenode, its tax regime or its operation will be applicable as of right, upon its entry into force.

8.2 : Modification of the General Conditions

the Nokenchain community reserves the right to modify the General Conditions or prices. The proposed modification will be communicated (or made available, as the case may be, on the Nokenchain website) to the Member in electronic format at least 15 days before its entry into force.
The Member will be deemed to have accepted the modifications in the absence of any dispute on his part in writing sent by email, within two months, from the date of the sending of the draft modification or its availability on the Nokenchain’s website.
In the event of a challenge to the changes to the General Conditions, the Member may request in writing to stop his stablenode, which will take place without any costs being charged to him under this stop. If the contract is not terminated within the aforementioned two-month period, the changes will be enforceable against the Member.

ARTICLE 9 : STOP

9.1 : At the initiative of the Member

The stablenode can be stopped at any time by the Member on simple request by email.
The stablenode shutdown will take effect from the date the email is read by the Nokenchain community and the latter on the blockchain confirmed by the Nokenchain community.

9.2 : At the initiative of the Nokenchain community

The stablenode can be stopped at any time at the initiative of the Nokenchain community by e-mail with a request for acknowledgment of receipt, subject to a 2-month notice period running from the date of dispatch.
The stablenode will be terminated automatically and without prior notice in the following cases :
– Dissolution or judicial liquidation of the Member
– Legal or regulatory requirements
– Inaccurate information or refusal to provide information required by regulations (for example in the context of the fight against money laundering, justification of the source of funds and certain transactions above a certain threshold) or by the General Conditions
– Non-compliance with one of the obligations provided for in the General Conditions
– Seriously reprehensible behavior of the Member (illicit activities, fraudulent acts or false documents, etc.)
– Force majeure

ARTICLE 10 : PRESCRIPTION

When a period of 1 year has elapsed from the last transaction carried out at the initiative of the Member and without news of the latter or of his beneficiaries, the Nokenchain community can redirect the rewards to the wallet (electronic wallet) of the Nokenchain community. The Member or the beneficiaries then lose ownership of future rewards on the stablenode, with no possible recovery.

ARTICLE 11 : PROTECTION OF FUNDS

11.1 : Terms and Conditions

In order to have defined terms and conditions, the collateral (capital necessary for the creation of the stablenode) collected by the Nokenchain community is covered by a guarantee mechanism decided by the Nokenchain community.
The compensation limit per Member is equal to the type of stablenode. Example : A BTC 100 stablenode entails Nokenchain’s obligation to have 100 euros in USD-indexed stablecoins in the blockchain.
The Nokenchain community provides this protection under the terms and conditions defined in these General Terms and Conditions.

11.2 : Internal Audit

An internal audit is performed each month, available to the Customer upon request by email, to verify the available USD-indexed stablecoin funds.
In the event of a discrepancy, the Nokenchain community undertakes to update the amount available, so that it corresponds at least to the amount of NOKN and cryptocurrencies stablenodes in activity, as quickly as possible financially and by security commitment to the Member.

ARTICLE 12 : PROFESSIONAL SECRET AND PROTECTION OF PERSONAL DATA

12.1 : Professional secret

In accordance with the provisions of Article L.511-33 of the Monetary and Financial Code and under penalty of the penalties provided for in Articles L.226-13 and 226-14 of the Penal Code, the Nokenchain community is bound by professional secrecy. However, this secrecy can be lifted in the cases provided for by law, in particular with regard to the supervisory authorities, the tax administration and the criminal authorities.
In addition, the law allows the Nokenchain community to communicate information covered by professional secrecy to persons with whom the Nokenchain community negotiates, concludes or executes transactions, expressly referred to in Article L.511-33 of the Monetary and Financial Code, as soon as this information is necessary for the operation concerned. Likewise, with regard to the fight against money laundering and the financing of terrorism, the Nokenchain community is required to transmit to the companies of the group to which it belongs, subject to the fight against money laundering referred to in Article L561-2 of the Monetary and Financial Code, information covered by professional secrecy.
The Member also has the option of relieving the Nokenchain community himself of this secrecy, on a case-by-case basis, by indicating to it in writing the third parties to whom he will authorize it to communicate information concerning him that he will expressly mention.
By express agreement, the Customer authorizes the Nokenchain community to communicate any useful information concerning him to any natural or legal person contributing to the performance of the services provided for in the contract or which could be attached thereto, in particular to service providers for the execution of the works, subcontracted and/or to the companies of the group for their use for the purposes of study and management of files, commercial prospecting and/or other statistical studies.

12.2 : Protection of personal data

In application of the amended law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, it is specified that the personal data collected are obligatory to conclude this agreement and, to this end title, they will be processed for which the controller is the Nokenchain community, which is accepted by the persons to whom the data relates.
These data may be used for the purposes of managing the operations carried out and the services subscribed to in execution of this agreement by the Nokenchain community, the companies of the group to which it belongs, the service providers and partners to which it is contractually linked. They may also be used for the commercial actions of the Nokenchain community, its subsidiaries and companies of the group to which it belongs. The signatories of this agreement expressly accept that their data will be used and transmitted, by the Nokenchain community, to group companies, service providers and partners for the purposes of managing the operations carried out, and the services subscribed as well as for the purposes of updating the data collected by these entities.
These data may also be communicated to third parties to meet legal and regulatory obligations.
The signatories to this agreement have the right to obtain disclosure of their data (and only their data) from the Nokenchain community, to request, where applicable, its rectification, and to object to its use for prospecting purposes, particularly commercial purposes.

ARTICLE 13 : FIGHT AGAINST LAUNDERING AND TERRORIST FINANCING

The Nokenchain community is bound by a duty of identification, up-to-date Member knowledge and vigilance due to the legislative and regulatory measures relating to the fight against money laundering and the financing of terrorism.
As such, the Member undertakes to provide the Nokenchain community, as necessary, with all useful information necessary for up-to-date Customer knowledge and on the subject of operations or transactions, the origin and destination of funds, the identity of the beneficiary(ies) of the funds by producing, where applicable, any supporting document.

ARTICLE 14 : WITHDRAWAL

The Member who subscribes a stablenode by canvassing track has a period of 14 calendar days of age to exercise his right of withdrawal without having to prove motive, nor penalties to bear. This period begins to run, either from the day on which the contract is concluded, or from the day on which the Customer receives the contractual conditions and the information, if this date is later than the date on which the contract is concluded.
To assert this right, the Member sends his withdrawal request by email to the Nokenchain community, mentioning the following elements :
– His first and last name
– His postal address
– The stablenode to stop and its Waves address
– The date of signature of the request for creations

ARTICLE 15 : MEDIATION – SUPERVISORY AUTHORITY

In the event of a dispute, complaint or disagreement relating to operations recorded on the blockchain, the Member and the Nokenchain community will endeavor to come together and seek an amicable solution, the Member having to contact within two months of the verification the services of the Nokenchain community.
After this period, and unless the Member provides proof to the contrary, the operations are presumed to have been approved by the Member. If the disagreement persists, the Member may contact the Mediator of the Nokenchain community free of charge.
Responsible for recommending solutions to these disputes, this Mediator is required to rule within two months of being referred. The findings and statements that it collects cannot be produced or invoked in the rest of the proceedings without the agreement of the parties.
The Member may send his complaint in writing to the head office of the Nokenchain community for the attention of the Mediator, at the following address :
Mr. The Mediator of the Nokenchain community, THUILLET-NOKENCHAIN, BP 1, 88 rue d’Eaubonne, 95100 ARGENTEUIL, FRANCE
the Nokenchain community Mediator exercises his function in complete independence, within the framework of common sense and the normal functioning of a stablenode.
the Nokenchain community Mediator will facilitate the search for an amicable solution.

ARTICLE 16: HIERARCHICAL CLAUSE

These General Terms and Conditions of Sale specific to stablenodes are in addition to the general General Terms and Conditions of Sale of the Nokenchain community, available at https://nokenchain.net/terms-and-conditions/
In the event of a contradiction between the provisions of the general General Terms and Conditions of Sale and those of these specific General Terms and Conditions of Sale, the former shall prevail, unless expressly provided for in a written waiver signed by both parties.