General Terms and Conditions

Eldorado General Terms and Conditions of Sale (Updated on december 2024)

Introduction

1.1. Company Presentation
These General Terms and Conditions of Sale (GTC) govern the relationship between Eldorado LLC, a company registered and based in Paraguay (address to be specified), and any individual or entity using its services or purchasing its products (hereinafter referred to as « the Client »).

1.2. Purpose of the GTC
These GTC define the rights and obligations of Eldorado LLC and the Client within the framework of the services and products offered, including the sale, installation, hosting, and maintenance of ASICs dedicated to Bitcoin mining. They apply to all orders and pre-orders placed with Eldorado LLC.

1.3. Acceptance of the GTC
The Client acknowledges having read these GTC and fully accepts them by signing a contract with Eldorado LLC. These GTC are permanently available on the Eldorado LLC website for consultation.

1.4. Language and Jurisdiction of the GTC
These GTC are written in French and will be translated into English and Spanish for convenience. In case of discrepancies in interpretation, the French version will prevail. The contractual relationship between the parties is governed by Paraguayan law, unless otherwise stipulated.

Definitions
For the purposes of these General Terms and Conditions of Sale (GTC), the following terms are defined as follows:

2.1. ASICs
Electronic devices (Application-Specific Integrated Circuits) specifically designed for Bitcoin mining, enabling transaction validation on the Bitcoin blockchain network.

2.2. Mining
A computational process involving validating and securing transactions on the Bitcoin network by solving complex algorithms in exchange for Bitcoin rewards.

2.3. Equipment Hosting
A service offered by Eldorado LLC that includes installing, powering, and maintaining Client-owned ASICs in hosting centers located in Paraguay, specifically designed for Bitcoin mining.

2.4. Service Provision
All activities offered by Eldorado LLC, including but not limited to the sale, installation, hosting, maintenance, and repair of ASICs.

2.5. Maintenance Fees
Fixed and variable costs related to the operation of hosted ASICs, including electricity, insurance, maintenance, and facility security.

2.6. Mining Rewards
Amounts of Bitcoin generated by the Client’s ASICs during the use of hosting services and redistributed after the deduction of contractual fees.

2.7. Offer
A proposal issued by Eldorado LLC, detailing costs (equipment, import fees, delivery, commission, and energy) and applicable general terms. Once accepted and paid for by the Client, each offer constitutes a separate contract.

2.8. Website
The official website of Eldorado LLC, where the GTC, service information, and any other content or tools are accessible to the Client.

Purpose of the GTC
These General Terms and Conditions of Sale (GTC) define the rights and obligations of Eldorado LLC (hereinafter « the Company ») and the Client within the framework of the services and products offered, including:

3.1. Equipment Sales
The sale of ASICs (mining hardware) delivered directly to one of Eldorado LLC’s mining farms in Paraguay.

3.2. Commissioning
Connecting, configuring, and managing ASICs, enabling regular payment of mining rewards directly to the Client’s specified account.

3.3. Hosting
Continuous operation (24/7) of ASICs in Eldorado LLC’s facilities, including power supply, technical supervision, and material security.

3.4. Maintenance
Preventive cleaning operations performed every two weeks, requiring temporary machine shutdowns. The Client is systematically notified before each operation.

3.5. Repairs
In case of failure, Eldorado LLC contacts the Client to propose a repair. The machine is transported to a manufacturer-authorized center, a quote is provided to the Client, and repairs are carried out upon payment. Eldorado commits to resuming the machine’s operation as quickly as possible.

3.6. Separate Contracts for Pre-orders
For pre-orders, a separate contract is established with the following specific conditions:

No guarantee on the commissioning time frame.
Fast hardware ordering with free storage in a secure location.
Maintenance fees limited to electricity costs at cost price for the hardware’s lifespan.

3.7. Geographical Scope
The services and products offered by Eldorado LLC are intended for clients residing in Europe and Paraguay. The Client is responsible for ensuring compliance with tax and legal regulations in their country of residence.

3.8. Limitations and Exclusions
Eldorado LLC:

Does not offer financial services or asset custody for third parties.

Only accepts equipment from its authorized supplier.

Does not offer services for cryptocurrencies other than Bitcoin.

Does not provide investment advice.

Does not guarantee specific returns, as these may vary depending on market conditions.

Orders and Pre-orders
4.1. Order Process
To place an order, the Client must:

Submit a request via the contact form available on Eldorado LLC’s website.
Be contacted by Eldorado to confirm needs and complete the KWC form.
Receive an offer detailing costs (equipment, import fees, delivery, commission, and energy).

The Client has 7 days to accept the offer and make full payment. After this deadline, a new offer must be issued to reflect potential price fluctuations.

4.2. Payment
Full payment for the order is required within 7 days of accepting the offer.
Once the machine is operational, the Client is billed monthly for energy costs based on a fixed amount per kWh.
Invoices must be paid within 30 days.

4.3. Client Withdrawal and Contract Termination

The Client has a 14-day withdrawal period from the payment date without fees.
After a minimum period of 12 months, the Client can request contract termination via the client portal, with a 30-day notice.
During this period, mining rewards will be retained by Eldorado LLC as termination fees.
A quote for returning the equipment will be provided. The Client may:
- Accept the quote and pay the associated fees.
- Use their chosen transport provider.
  The equipment will be ready for shipment or pickup 30 days after the request.

4.4. Specific Pre-order Conditions

Pre-order commissioning is estimated for March 2025.
Free equipment storage is guaranteed by Eldorado LLC until commissioning.
If commissioning is delayed by more than 90 days from the defined date, the Client may request the return of the equipment at no additional cost.

4.5. Notifications and Communication
Eldorado LLC commits to regularly informing the Client about order progress and commissioning status. Notifications are sent via the client portal, WhatsApp, or email, as per the preferences indicated in the KWC form.

Payment Terms
5.1. Accepted Payment Methods
Eldorado LLC accepts payments:

By bank transfer in fiat currency (specified in the offer).
No payment will be accepted without prior validation of the KWC form by the Client.

5.2. Monthly Fee Payments
Monthly fees related to the energy consumed by hosted equipment must be paid at the start of each month using the payment method specified in the KWC form.

In case of non-payment within 30 days:
- The device will be powered off.
- If the balance remains unpaid after 300 days, the equipment becomes the property of Eldorado LLC.

5.3. Conversion Rates and Currencies
Initial offers are presented in the currency chosen by the Client.

5.4. Invoicing and Payment Deadlines
Invoices are issued at the beginning of the month and are accessible via the client portal or sent via the Client’s preferred communication channel (WhatsApp or email).
The Client has 30 days to settle invoices.

Company Obligations
6.1. Transparency and Monitoring
Eldorado LLC commits to full transparency in its services. A secure client portal is available for:

Real-time monitoring of ASIC operation status.
Viewing rewards generated by the equipment.
Receiving notifications about service interruptions or maintenance operations.
Configuring personal settings.

6.2. Hosting and Maintenance
Eldorado LLC guarantees:

Commissioning within 24 hours of ASIC delivery.
Continuous 24/7 operation, except in cases of:
- Power or equipment failure.
- Scheduled maintenance operations.
- Extreme weather conditions (temperatures > 45°C, storms).
Regular maintenance of devices to optimize durability.
Security and insurance of facilities and hosted equipment.

In case of service interruptions, the Client will be notified, and the information will be updated in the client portal.

6.3. Warranty and Fault Management
ASICs are covered by a 12-month manufacturer warranty. Eldorado LLC will handle warranty-covered faults at no cost to the Client but cannot be held liable for these faults or repair times.
After the warranty period, the Client may transfer ownership of the equipment to Eldorado LLC, and an offer will be made reflecting the equipment’s condition.

6.4. Liability Limitations
Eldorado LLC cannot be held liable for interruptions or losses related to the following circumstances:

Power or equipment failures beyond its control.
Planned maintenance operations.
Extreme weather conditions (temperatures > 45°C, storms).
Bitcoin price fluctuations or mining rewards.
Any force majeure events as defined by law (natural disasters, social unrest, government sanctions, etc.).

Client Obligations
7.1. Accuracy of Information Provided
The Client commits to providing accurate and complete information in the KWC form, particularly regarding:

Their identity and contact details.
The source of funds used for transactions.
The Bitcoin wallet address for rewards payment.

The Client must inform Eldorado LLC of any changes to this information within 5 business days. In case of false statements or omissions, Eldorado LLC reserves the right to unilaterally terminate the contract.

7.2. Compliance with Contractual Commitments
The Client must:

Adhere to the terms of these GTC and contracts signed with Eldorado LLC.
Pay invoices within the deadlines provided.
Comply with local laws and regulations regarding ASIC ownership and use, as well as tax declarations for mining rewards.

7.3. Non-compliance
In case of severe GTC violations or legal breaches, Eldorado LLC may immediately terminate the contract. In such cases:

The equipment remains the Client’s property but can only be retrieved after settling any outstanding debts.
Retrieval conditions will align with those stipulated for voluntary termination by the Client.

7.4. Communication with Eldorado
The Client must maintain active communication channels as defined in the KWC form (email, WhatsApp, or client portal). Any changes to these channels must be promptly communicated to Eldorado LLC.

7.5. Tax and Legal Responsibility
The Client is solely responsible for:

Declaring mining rewards generated by hosted equipment.
Ensuring compliance with the laws of their country of residence.

Responsibilities

8.1. Responsibilities of Eldorado
Eldorado LLC commits to:

Maintaining 24/7 hosting service except under exceptional circumstances or force majeure events.
Ensuring regular ASIC maintenance to optimize performance and durability.
Securing facilities and providing insurance coverage for hosted equipment.
Informing the Client of any service interruptions via notification and the client portal.

In exceptional circumstances (power outages, hardware failures, extreme weather conditions), Eldorado LLC may temporarily suspend production without incurring liability.

8.2. Client Responsibilities
The Client is solely responsible for:

Using their equipment in compliance with local laws and applicable regulations.
Managing their mining rewards.
Declaring tax liabilities for mining rewards generated by their equipment.
Ensuring the accuracy and truthfulness of information provided to Eldorado LLC.

8.3. Limitations of Eldorado’s Liability
Eldorado LLC cannot be held liable for interruptions or losses related to the following circumstances:

Power or equipment failures beyond its control.
Scheduled maintenance requiring temporary equipment shutdown.
Extreme weather conditions (temperatures > 45°C, storms).
Bitcoin price fluctuations or mining rewards.
Any force majeure events, including but not limited to: natural disasters, social unrest, government sanctions.

Regulatory Compliance

9.1. Compliance with MiCA
Eldorado LLC provides services exclusively related to Bitcoin mining hardware (sales, installation, hosting, and maintenance). These services are non-custodial, as mining rewards are directly transferred to the Bitcoin wallet specified by the Client.

In accordance with the European Markets in Crypto-Assets Regulation (MiCA), Eldorado LLC does not offer financial services, asset custody, or investment advice, and its activities are not subject to specific regulations under MiCA.

9.2. Compliance with GDPR
Eldorado LLC complies with GDPR requirements regarding the collection and processing of personal data:

Only essential data required for contract execution is collected through the KWC form.
Data is used for:
- Regulatory compliance verification.
- Contract management.
- Communication with the Client regarding services and orders.

9.3. Data Retention and Storage
Data collected is stored securely by a third party (Firebase/Google) ensuring its protection.

Data is retained for the duration of the contract.
After termination, data is deleted unless longer retention is required for legal or accounting purposes.

9.4. Compliance with Local Laws
Eldorado LLC services comply with the laws of Paraguay and the European Union. However, the Client is responsible for ensuring that their activities comply with the tax and legal regulations of their country of residence.

9.5. Eldorado’s Commitments
Eldorado LLC commits to:

Maintaining full transparency in its data collection and processing practices.
Conducting regular internal audits to ensure compliance with applicable regulations.
Updating policies in response to regulatory changes.

Termination

10.1. Termination by the Client
The Client may terminate the contract after a minimum period of 12 months. Termination requests must be made via the client portal with a 30-day notice period.

During this notice period, rewards generated by the equipment will not be transferred to the Client.
A quote for returning the equipment to the Client’s address will be issued.
- The Client can accept the quote and pay the associated fees.
- Alternatively, the Client may arrange transport with a service provider of their choice.
The equipment will be ready for shipment or pickup 30 days after the termination request.

10.2. Termination by Eldorado
Eldorado LLC reserves the right to terminate a contract in the following cases:

False statements or inaccurate information provided in the KWC form.
Serious breach of the GTC.
Non-payment of invoices after 90 days from the equipment shutdown.

In case of termination due to non-payment:

The equipment remains the Client’s property but can only be retrieved after settling outstanding debts.
Retrieval conditions align with those for voluntary termination.

10.3. Specific Pre-order Conditions
After the withdrawal period, no refunds are available for pre-orders, regardless of the reason for termination.

Personal Data

11.1. Collection of Personal Data
Eldorado LLC collects personal data from Clients exclusively through the KWC form in compliance with regulatory requirements and for service management. Only essential data required for contract execution is collected.

11.2. Purpose of Data Processing
Collected personal data is used for the following purposes:

Verifying compliance with regulatory obligations, including SEPRELAD and GDPR.
Managing and executing contracts between Eldorado LLC and the Client.
Communicating with the Client about service status, order management, and important notifications.
Transferring mining rewards.

11.3. Data Retention and Storage
Personal data is securely stored by a third-party provider guaranteeing protection against unauthorized access.

Data is retained for the contract duration.
After contract termination, data is deleted unless longer retention is legally required.

11.4. Data Sharing
Eldorado LLC ensures that collected data is not shared with third parties and is used internally solely for the stated purposes.

11.5. Client Rights
Under GDPR, the Client has the following rights regarding their personal data:

Access: Request a copy of personal data collected.
Rectification: Request correction of inaccurate or incomplete data.
Erasure: Request deletion of personal data unless retention is legally required.
Objection: Object to data processing under certain circumstances.

To exercise these rights, the Client may send a request to the dedicated email address: clients@eldoradobtc.com or use the form in the client portal.

11.6. Explicit Consent
By signing the KWC form, the Client provides explicit consent for the collection, use, and storage of their personal data in accordance with these GTC.

Disputes and Applicable Law

12.1. Applicable Law
These General Terms and Conditions of Sale (GTC) are governed by Paraguayan law.

12.2. Jurisdiction
In case of disputes between Eldorado LLC and the Client, the competent courts are exclusively those located in Paraguay.

12.3. Mediation and Amicable Resolution
Before initiating legal proceedings, the parties agree to attempt an amicable resolution of the dispute. For European clients, mediation may be proposed to facilitate dispute resolution.

12.4. Contract Language
These GTC are written in French. In case of discrepancies between translated versions (English or Spanish), the French version will prevail.

Final Provisions

13.1. No Waiver
The failure of Eldorado LLC to exercise a right or enforce a provision of these GTC at a given time does not constitute a waiver of such right or provision for the future.

13.2. Severability
If one or more provisions of these GTC are deemed null, invalid, or unenforceable, this will not affect the validity and enforceability of the remaining provisions.

13.3. Amendments to the GTC
Eldorado LLC reserves the right to amend these GTC at any time. Updated versions of the GTC will be permanently available on the company’s website. It is the Client’s responsibility to regularly review these conditions to stay informed of any changes.

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