Preamble
For Mining Limited, a company duly incorporated under the laws of the Hong Kong Special Administrative Region, with its registered office at [●], hereinafter referred to as “the Company” or “the Provider”, offers to its Clients a hosting and management service for cryptocurrency mining machines, marketed under the name « ForMining Space ».
The purpose of these General Terms and Conditions of Sale (the “Terms and Conditions”) is to define the contractual framework governing the provision and use of the « ForMining Space » Service, accessible via the Company’s online platform.
These Terms and Conditions apply worldwide to all Clients, whether individuals or legal entities, who subscribe to the Service through their Client account by electronically validating the Contract during the order process and expressly accepting the present Terms and Conditions.
The present Terms and Conditions constitute the entire legal framework of the contractual relationship between the Company and the Client. They supersede any prior version agreed with the Company. In case of divergence of interpretation, the French version shall prevail over any translation.
Subscription to the Service and use of the platform imply full and unconditional acceptance of these Terms and Conditions, as well as acknowledgement of the inherent risks associated with investments in digital assets.
Article 1 : Scope of the « ForMining Space » Service
1.0.1 Under the provision of the « ForMining Space » Service, the Company undertakes to provide the following:
- Access to the performance of the selected machine;
- Performance warranty;
- An online Client account with reward monitoring;
- Online maintenance for any issues encountered with the Service.
1.0.2 The Service also includes:
- Regular maintenance of the existing equipment (hardware, software, etc.);
- Verification and monitoring of network, server and electrical cabling;
- Replacement of defective parts not belonging to the Client but necessary for proper operation;
- Monitoring and security of the existing equipment.
1.0.3 Upon purchase through the « ForMining Space » Service:
The equipment is covered by a warranty of eighteen (18) months provided by the Company. Mining equipment dedicated to the DOGE asset is warranted for only nine (9) months.
All other repair services, component replacements, or troubleshooting interventions are excluded from the warranty and will be billed at the hourly rate (non-divisible), subject to a prior quotation and Client approval.
In the event of a major issue rendering the machine irreparable (theft, fire, or critical component failure), the « ForMining Space » Service guarantees reimbursement of the purchase price on a pro rata basis of remaining usage time, calculated over a thirty-six (36) month depreciation period.
For DOGE-related equipment, reimbursement is calculated on a twelve (12) month depreciation period.
Article 2 : Commencement of the Contract
2.0.1 Duration and renewal
The Contract is concluded for one (1) year from the commissioning date.
It is automatically renewable by tacit agreement, subject to an addendum adjusting tariff conditions and energy costs, as provided in Article 3.
2.0.2 Commissioning
Commissioning shall occur no later than two (2) business days after full payment.
Where delivery is required, commissioning shall occur within fourteen (14) business days of receipt of all required elements.
Article 3 : Financial Conditions
3.0.1 Monthly Energy Invoice
The Service price includes a monthly energy invoice, payable in advance.
The tariff is set according to the reference hosting site at subscription, as specified in the Contract’s special conditions.
Revisions may occur at renewal, with sixty (60) calendar days’ email notice. Refusal of the amendment allows only termination.
The tariff is indexed to public indices, including NYMEX Henry Hub (USA) and Hydro-Québec (Canada).
It adjusts automatically to reflect changes. Any new tax, regulatory increase or legal obligation related to energy shall be passed on immediately. The Client expressly and irrevocably accepts such variations.
3.0.2 Taxes and Price Adjustments
The Company may pass on any new energy tax, tax increase, or regulated electricity price adjustment imposed by the reference supplier.
3.0.3 Shipping and Customs Fees
Where shipping is required, the Client shall pay a flat per-unit fee covering shipping and customs to the selected hosting centre.
The amount will be confirmed upon order.
Article 4 : Invoicing
4.0.1 Issuance and Settlement
Invoices are issued monthly and payable within ten (10) business days.
Late payment entails:
– 1.5 % monthly penalty, payable without prior notice;
– Immediate suspension of the Service;
– Possible termination after fifteen (15) days’ notice of non-payment.
The Company retains a right of lien over Client equipment until all sums are paid.
4.0.2 Payment Methods
All transfer fees are borne by the Client. Payment in cryptocurrency is recommended to avoid such fees.
4.0.3 Advance Payment
Invoices are payable in advance for the upcoming period, based on energy consumption and maintenance tariffs.
4.0.4 Fee Details
Electricity: based on actual consumption (kWh × cost per unit).
Hosting: includes infrastructure, physical and logical security, regular maintenance, and online access for real-time performance monitoring.
Article 5 : Revision of Energy Costs
Notification of Revision
The Company shall send an addendum with new tariff conditions at least thirty (30) days before the end of the first contractual year.
The Client may accept or terminate; refusal ends the Contract at expiry without fees.
Renewal Conditions
Acceptance renews the Contract for one (1) year under the revised conditions.
Article 6 : Maintenance
6.0.1 Planned Maintenance
The Company may schedule maintenance or development work related to technology, the online platform, electrical systems, the network, or the infrastructure of its hosting centre, which may cause temporary service interruptions.
6.0.2 Service Interruptions
The Company undertakes not to exceed twenty (20) cumulative days of service interruption per year due to corrective or upgrade maintenance.
In case of interruption, the rental fee shall be proportionally deducted from the following month’s invoice or compensated through the token associated with the selected machine.
Article 7 : Performance
7.0.1 Guaranteed Availability Rate
The Company guarantees a minimum service availability of ninety percent (90%) annually, excluding scheduled maintenance and cases of force majeure.
7.0.2 Exclusions from Guarantee
The following are expressly excluded from the availability calculation:
– interruptions due to scheduled or corrective maintenance as defined in Article 6;
– network outages attributable to third-party operators or providers;
– technical failures beyond the Company’s reasonable control, including material or energy-related incidents from third-party infrastructure.
7.0.3 Compensation
In case of non-compliance with the guaranteed availability rate, the Client shall be entitled to a credit note calculated pro rata the actual downtime.
Such credit shall be applied exclusively to subsequent invoices and shall not give rise to direct cash reimbursement.
7.0.4 Limitation of Liability
The Company’s liability for the provision of the Service is strictly limited to the total amount actually paid by the Client for the « ForMining Space » Service during the twelve (12) months preceding the event giving rise to liability.
7.0.5 Disclaimer on Economic Results
The Client acknowledges that the Company does not guarantee the economic performance, profitability, or financial outcome of mining activities carried out through the Service.
Article 8 : Duration and Termination
8.0.1 Term
The Contract enters into effect upon the first commissioning of the Client’s equipment and remains valid for a duration of one (1) year, tacitly renewable.
Termination by the Client requires written notice with a thirty (30) day notice period.
8.0.2 Termination for Default
In the event of default, either Party may terminate the Contract by written notice if:
– the material breach of the Contract cannot be remedied;
– the breach is not remedied within ten (10) calendar days following receipt of written notice;
– the other Party commits a serious violation of applicable law.
8.0.3 Return of Equipment
Upon termination or cancellation of the Contract, the Client shall bear the costs of returning their equipment before termination takes effect.
Failing this, the Company may deem the equipment abandoned and assume ownership.
8.0.4 Right of Withdrawal
In accordance with the laws of the Hong Kong Special Administrative Region, including the Trade Descriptions Ordinance (Cap. 362) and the Sale of Goods Ordinance (Cap. 26), no right of withdrawal applies to fully executed service contracts, where execution commenced with the Client’s prior express consent.
By subscribing to the services and authorising immediate performance, the Client expressly waives any right of withdrawal or refund once services have begun.
This clause covers in particular the commissioning of mining machines, configuration of the Client account, online platform access, and any services requiring immediate activation.
Once the order is confirmed and service commenced, no refund or cancellation shall be possible, except in the event of proven failure by the Company to meet its legal or contractual obligations.
The Client nonetheless retains the right to resell their mining equipment to a third party, subject to compliance with the ownership transfer conditions set forth in the Contract and the obligation to notify the Company of the change in ownership.
Article 9 : Packaging and Transport
9.0.1 Client Responsibility
The Client is responsible for all costs relating to transport, damages, losses, customs clearance, storage rental, etc.
9.0.2 Transport Under the Service
Under the « ForMining Space » Service, the Company is responsible for transport to the hosting site where necessary.
The Company shall not be liable for the parcel during the return journey to the Client’s address.
9.0.3 Packaging Materials
Where applicable, all packaging materials must be returned within thirty (30) days of the contract start date.
If packaging is not returned within thirty (30) days, it shall be recycled.
Packaging materials may be retained upon the Client’s request for potential future returns.
Article 10 : Payment Terms
10.0.1 Currency
Payments shall be made in euros (EUR) or in crypto-assets available on the Client’s platform account and are net of any deduction or withholding.
Prices specified in the Contract are exclusive of VAT.
10.0.2 Due Date
The Client undertakes to settle invoices on the first (1st) day of each month, in accordance with the agreed payment conditions.
The monthly invoice is based on the Euro–US Dollar exchange rate (or other applicable currency) of the previous month.
10.0.3 Exchange Rate Adjustment
The price in euros (or another currency) is calculated according to the exchange rate in force on the last business day of the preceding month.
The Company reserves the right to adjust monthly tariffs accordingly, based on exchange rate fluctuations.
10.0.4 Non-Payment
Any unpaid amount shall result in immediate suspension of the Service.
The Company reserves the right to terminate the Contract after a fifteen (15) day formal notice remaining unheeded.
10.0.5 Payment Deadline
The Company offers competitive rates on the selected machine value.
Payment must be made within forty-eight (48) hours of the Client’s signature in order to guarantee the tariff indicated in this Contract.
If payment is not made within 48 hours, the Company reserves the right to modify the tariff relating to the machine’s value.
10.0.6 Notice of Modification
In the event of tariff or payment condition modifications, the Company shall notify the Client at least thirty (30) days prior to the effective date of the new conditions.
Article 11 : Data Confidentiality
11.0.1 Protection of Data
The Company undertakes to protect the confidentiality of the Client’s personal data in accordance with applicable laws.
11.0.2 Use and Processing
Data collected under this Contract shall only be used for contract management and to improve service quality.
The Company undertakes to collect and process Users’ and Clients’ data lawfully, fairly and transparently, in compliance with the General Data Protection Regulation (GDPR) and the French Data Protection Act of 6 January 1978.
Under these provisions, the Client has a right of access, rectification, erasure and objection regarding their personal data.
This right may be exercised by email at: contact@for-mining.com.
11.0.3 Disclosure
No data shall be disclosed to third parties without the Client’s prior consent, except where required by law or to ensure proper functioning of the Service.
Article 12 : Liability
12.0.1 Limitation of Damages
The Company shall not be liable for indirect or consequential damages such as loss of data, profits or business arising from the use or inability to use the Service, unless such damages result from the Company’s gross negligence or wilful misconduct.
12.0.2 Liability Cap
In no case shall the Company’s liability exceed the total amount paid by the Client for the Services provided during the contractual year preceding the claim.
12.0.3 Force Majeure
The Company shall not be liable for service interruptions caused by force majeure, as defined in Article 13.
12.0.4 Information Disclaimer
Information published on the platform and application is provided for guidance only and based on sources deemed reliable.
The Company does not guarantee completeness, accuracy, or freedom from errors.
Updates are made regularly, but the information has no contractual value.
The Company cannot be held liable for regulatory or administrative changes after publication, nor for interpretation or use by Clients.
Accessing, using or downloading content from the platform is at the Client’s own risk.
The Company shall not be held liable for damages, including viruses or harmful elements, that may affect Clients’ equipment.
12.0.5 Performance Risks
Past performance is not indicative of future results.
Yield projections are based on current and past investment results, but future gains may vary.
Potential gains are influenced by operating costs, which depend on crypto-asset market fluctuations and exchange rates.
The Company shall not be liable for variations in gains or financial losses resulting from factors including (without limitation):
– market volatility and exchange rate fluctuations;
– technological changes affecting mining algorithms or protocols;
– mining difficulty adjustments;
– mining reward changes (e.g., Bitcoin halving);
– Client’s investment decisions;
– regulatory changes or legal restrictions;
– closure or unavailability of hosting sites;
– maintenance interruptions (during which no energy cost is billed);
– indirect financial, legal or commercial consequences linked to use of the Service.
Article 13 : Force Majeure
13.0.1 Definition
The Company shall not be liable for failure or delay in fulfilling contractual obligations caused by events beyond its reasonable control, including natural disasters, armed conflicts, strikes, network failures, cyberattacks, or interruptions of energy supply.
13.0.2 Effects
In cases of force majeure, the Company’s obligations shall be suspended until the event is resolved.
The duration of the Contract shall be extended by the same period of suspension.
Article 14 : Intellectual Property
14.0.1 Ownership
All intellectual property rights relating to the services, software, systems, or technologies provided under this Contract remain the exclusive property of the Company or its suppliers.
14.0.2 Usage Rights
The Client may use these elements only as strictly necessary for execution of this Contract and shall not reproduce, modify or distribute them without prior written authorisation from the Company.
Article 15 : Dispute Resolution
15.0.1 Amicable Settlement
In the event of a dispute concerning execution or interpretation of this Contract, the Parties shall endeavour to resolve the matter amicably within thirty (30) days of notification of the dispute by either Party.
15.0.2 Jurisdiction
If no amicable solution is reached, the dispute shall be submitted to the competent courts in the relevant jurisdiction.
Article 16 : Conditions of Use of Online Services
16.0.1 Terms of Use
The Client must comply with the conditions of use of the online services provided by the Company for monitoring mining performance and managing their account.
16.0.2 Access and Security
Access to these services is protected by personal login credentials.
The Client is responsible for maintaining the confidentiality of this information and must immediately notify the Company in case of compromise.
16.0.3 Suspension
The Company reserves the right to suspend or restrict access to online services in case of violation of these terms of use or for maintenance purposes.
16.0.4 Professional Use
These Terms apply to all ASIC hardware and/or services ordered by the Client from ForMining Space strictly in a professional capacity.
Personal or consumer use is excluded. The Client is deemed a professional in the field of cryptocurrency mining.
Article 17 : Account Opening
Registration on the platform is free of charge.
Any user wishing to access the Services must have a valid email address, provide the required documents, meet the minimum investment threshold at the time of subscription, and confirm awareness of investment risks.
Account opening and access to Services are subject to compliance validation by the Company.
17.0.1 Required Documentation
Account opening is personal and non-transferable. Each Client may hold one personal account and one professional account, provided distinct emails and payment methods are used.
Minimum age requirement: 18 years.
When opening an account, the Client must create a secure password (minimum twelve (12) characters, upper/lower case, digits, and symbols).
The Client must provide accurate documentation for identity verification and account validation.
Required examples:
– Valid ID document;
– Photo (selfie or liveness check);
– Proof of address;
– Valid phone number;
– Financial or professional information (where required).
17.0.2 Updating of Personal Information
The Company may request document updates at any time to comply with AML/CTF obligations.
Clients must promptly notify any change in address, phone, or financial status.
Failure to provide updates may result in account suspension.
17.0.3 Account Creation Restrictions
The Company reserves the right to refuse services to any Client located in a restricted or sanctioned jurisdiction, according to internal compliance policy.
No liability shall arise from such refusal.
Article 18 : Early Termination Policy
In case of non-compliance with contractual obligations by the Client, the Company reserves the right to terminate the Contract without notice, with reimbursement pro rata for services not provided, less any applicable administrative or compensation fees.
Article 19 : Account Management in the Event of Death
In the event of the Client’s death, the Company shall freeze the account until receipt of the required legal documents, including a death certificate, certificate of succession, and the bank details of the notary or sole heir.
If there is a single heir, the deceased’s account shall be closed and remaining funds transferred to the notary or directly to the heir’s bank account.
A new account may be opened in the heir’s name, provided eligibility criteria are met.
If there are multiple heirs, the account shall be closed, and remaining funds transferred to the notary or distributed among heirs according to the notary’s instructions.
Each heir may subsequently open an individual account, subject to the same eligibility requirements.
Article 20 : Limitation of Liability Relating to Market Fluctuations
20.0.1 Market Fluctuations and External Costs
The Company shall not be held liable for cryptocurrency market fluctuations, exchange rate variations, or changes in energy costs.
These inherently volatile elements are expressly assumed by the Client.
20.0.2 Inherent Risks of Mining
The Client acknowledges and accepts full responsibility for all risks associated with mining activities, including:
– Variability of mining revenues;
– Network difficulty evolution;
– Programmed reduction of rewards (e.g. halving events);
– Technical, software or protocol changes impacting mining performance.
20.0.3 Disclaimer of Company Responsibility
The Company may, on an informational basis, notify the Client of significant changes likely to affect mining activity.
Such communication creates no legal obligation and shall not render the Company liable for any direct or indirect financial losses incurred by the Client.
Article 21 : Tax Provisions
The Company does not provide tax advice and does not intervene in the Client’s tax obligations.
Taxation of gains or benefits depends on the legislation of the Client’s country of residence and personal situation.
It is the Client’s responsibility to seek professional tax advice or contact the relevant authorities to ensure compliance.
The Company shall not be held liable for any failure to declare or comply with applicable tax laws.
Article 22 : Protection Against Fraud and Cybercrime
22.0.1 Security Measures
The Company implements enhanced security protocols to protect systems, equipment and services against cyberattacks, hacking and fraudulent activity.
22.0.2 Client’s Duty to Report
The Client must immediately inform the Company of any suspicious activity or abnormal behaviour observed on their account or mining equipment.
22.0.3 Service Restoration
In the event of service compromise due to an attack or breach, the Company shall take all necessary measures to restore services as quickly as possible.
However, the Company shall not be liable for resulting losses unless a proven fault or negligence can be established.
Article 23 : Non-Compete Clause
23.0.1 Non-Compete Commitment
During the term of the Contract and for twelve (12) months following its termination, the Client undertakes not to create or develop, directly or indirectly, a competing business in cryptocurrency mining using the same or alternative infrastructures.
23.0.2 Geographical Limitation
This non-compete obligation is limited to territories where the Company operates mining centres.
In the event of breach, the Company may claim damages proportionate to the loss suffered.
Article 24 : Reference Price Index (USA/Canada)
The energy cost of this Contract is indexed to the NYMEX Henry Hub natural gas futures price (Louisiana, USA) — the primary benchmark for U.S. natural gas prices.
For Canadian-hosted equipment, energy cost is indexed to the Hydro-Québec electricity tariffs applicable to large industrial consumers.
Tariffs are adjusted annually based on the updated reference indices published by Hydro-Québec or NYMEX.
Any variation shall directly reflect changes in these official reference indices.
Article 25 : Pausing or Stopping Mining Machines
ForMining Space provides Clients with infrastructures optimised for continuous and efficient mining.
Equipment must therefore operate continuously, except during maintenance or in cases beyond the Company’s control.
25.0.1 Long-Term Operation
The Client acknowledges that mining relies on a business model requiring operational stability to maximise profitability.
Temporary market fluctuations do not constitute valid grounds for suspending or stopping equipment.
25.0.2 Technical and Contractual Constraints
Any interruption may result in technical and economic consequences, including:
– Optimised energy allocation calibrated for continuous operation;
– Binding commitments between the Company and energy or hosting providers;
– Specific wear of mining machines requiring ongoing use;
– Fixed infrastructure costs (maintenance, cooling, storage) independent of machine status;
– Complexity and additional costs associated with restarting equipment.
25.0.3 Voluntary Shutdown by the Client
A voluntary shutdown initiated by the Client, unless expressly authorised, automatically entails decommissioning of the machine.
The Client shall have no claim for recommissioning, refund, or compensation.
The Company reserves the right to amend this policy and offer alternative shutdown arrangements, if applicable.
25.0.4 Acceptance of Terms
The Client acknowledges and accepts the provisions of this Article.
Any shutdown request shall be deemed a partial termination of the Service, with corresponding consequences.
Article 26 : Governing Law and Jurisdiction
26.0.1 Governing Law
All sales and services under this Contract are governed exclusively by the laws of the Hong Kong Special Administrative Region.
26.0.2 Jurisdiction
In case of dispute, claim or litigation arising under this Contract, exclusive jurisdiction shall rest with the courts of Hong Kong, unless both Parties agree otherwise in writing.
26.0.3 Contract Language
This Contract is drafted in French.
In the event of a dispute, the English version shall prevail before the courts of Hong Kong.
Conclusion
These General Terms and Conditions of Sale constitute the entire agreement between the Client and the Company concerning the « ForMining Space » Service.
By confirming their order online, the Client acknowledges having read, understood and accepted without reservation all provisions contained herein.
