WEBSITE TERMS AND CONDITIONS
This website (the “Website”) is owned and operated by Wattum Management, Inc. (“Wattum”). The Terms and Conditions set forth below (the “Terms”) govern the use of the Website. Wattum reserves the right to change the Terms at any time, at its sole discretion, without advance notice.
By accessing, viewing, and otherwise using any of the information contained on the Website, You agree to be bound by the Terms. You understand, agree, and acknowledge that the Terms constitute a legally binding agreement between You and Wattum and that Your use of the Website indicates Your acceptance of all of the Terms.
“Dead on Arrival” or “DOA” when used herein means that Miner(s) will not power on when they arrive at the Final Destination. Power in this sense means that the Miner(s) receive greater than 0.001% energy from the power source.
“Delivery Grace Period” when used herein means a period of forty-five (45) days, which begins on the day You are notified of Equipment being delivered to the Equipment Warehouse.
“Equipment” when used herein means any good sold on or through the Website and includes, but is not necessarily limited to, bitcoin miners, such as Antminer S19j Pro; Antminer S19j; Antminer S19XP; Antminer L7; Antminer S17; Antminer S17 Pro; Avalon 1166 Pro; Avalon 1246; Innosilicon T3+; Whatsminer M21S; Whatsminer M30+; Whatsminer M32; Whatsminer M20; Whatsminer M21; Whatsminer M31; and Mining Containers (10, 20, and 40 feet in length); and Mining Transformers. These Equipment offerings are subject to availability. The most up to date information regarding stock of specific Equipment can be found here: https://wattummanagement.com/products?type=Transformers.
“Equipment Warehouse” when used herein means a warehouse facility located in the United States which is utilized by Wattum for storing Equipment between purchase by You and delivery to a Final Destination.
“Final Destination” when used herein means either: (A) a Data Center, which is owned or lawfully possessed by Wattum, for Hosted Miner(s); or (B) an address provided by You, for Non-Hosted Miner(s).
“Hash Rate” when used herein means the speed of the computing device used by a Miner to develop a unit of cryptocurrency and is the ultimate speed at which the Miner operates.
“Hosted Miners” when used herein means Miner(s) owned by You, that are subject to Hosting Services under a Master Services Agreement or valid Voucher.
“Hosting Services” when used herein means management and hosting services offered by Wattum, the scope of which are more specifically defined in the Master Services Agreement.
“Inspection Period” when used herein means twenty-four (24) hours from the date Your Equipment is delivered to the Final Destination.
“MA Hash Not Met” when used herein means that Equipment is online, is reachable and is hashing, but at a rate less than seventy-five (75) percent of the expected Hash Rate for a period of two (2) consecutive hours.
“MA Hash Rate” when used herein means a minimum acceptable hash rate, which amounts to at least seventy-five (75) percent of the total expected Hash Rate of the Miner(s).
“Miner(s)” when used herein means bitcoin miners and includes Antminer S19j Pro; Antminer S19j; Antminer S19XP; Antminer L7; Antminer S17; Antminer S17 Pro; Avalon 1166 Pro; Avalon 1246; Innosilicon T3+; Whatsminer M21S; Whatsminer M30+; Whatsminer M32; Whatsminer M20; Whatsminer M21; Whatsminer M31. As with Equipment, the particular make, model, and tera hash of Miner offerings are subject to availability.
“Non-Hosted Miners” when used herein means Miner(s) owned by You, that are not subject to Hosting Services under a Master Services Agreement.
“PSC” when used herein means preferred shipping company.
“Repair” when used herein a repair means efforts to fix or remedy Technical Issues in the Equipment.
“Replace” or “Replacement” when used herein means the exchange of Miner(s) that are DOA or MA Hash Rate Not Met by Wattum with Miner(s) that are substantially the same. Replacement Miner(s) may not be the same brand, make, or model, but will have a comparable terahash and be of comparable age, usage, and condition.
“Return” when used herein means that Wattum will retake possession of Miner(s) under the circumstances indicated in Section 10.
“Storage Fee(s)” when used herein means a fee charged to You for storing Equipment at the Equipment Warehouse, or any Data Center when Your Equipment is not picked up, transported, or otherwise shipped by You within the Delivery Grace Period. Storage Fees will not exceed $50.00 per day, and will accrue, per day, until the Equipment is removed from the Equipment Warehouse or Data Center, by You.
You acknowledge and agree that the Website contains proprietary and confidential information, including but not limited to trademarks, service marks and patents protected by applicable law. You may view and copy of portions of its content for offline, personal, non-commercial use, no content of the Website may be sold, copied, altered, reproduced, or distributed without our prior written permission, which we may withhold for any reason. Any third-party trademarks, service marks, logos and other intellectual properties are the property of their respective owners. Any further rights not specifically granted herein are reserved.
The Terms will continue to apply in perpetuity until changed or terminated by Wattum, and Wattum may do so without notice at any time and from time to time for any reason.
You understand and agree that Your use of the Website is entirely at Your own risk and that our services are provided “As Is.” Wattum does not make any express or implied warranties, endorsements, or representations of any kind whatsoever as to the operation of the Website, or as to the information, content and materials contained therein. Without limiting the foregoing, Wattum hereby disclaims all implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the Website will be uninterrupted or error-free or that defects on the Website will be corrected, or that the server from which the Website is accessed is free from viruses, worms, Trojan horses, or other harmful components. Wattum assumes no responsibility for, and shall not be liable for, any damages or expenses You may incur as a result of any inaccuracy, incompleteness or obsolescence of any information contained on the Website. All services and programs described on or through the Website are subject to availability and are subject to change at any time. If You access the Website from outside the United States, You are responsible for compliance with foreign and local laws. All content and other information set forth on the Website is provided with the understanding that the authors, publishers, and distributors are not rendering legal, accounting, or other professional advice or opinions on Your specific facts and Wattum does not assume any liability whatsoever with respect thereto. Wattum is not responsible for any opinions and views of persons or entities other than Wattum.
Furthermore, any opinions, advice, statements, blogs, advertisement, or other comments contained on the Website should not necessarily be relied upon and are not to be construed as professional advice from Website or Wattum. Website does not guarantee the accuracy or completeness of any of the information provided and is not responsible for any loss resulting from Your reliance on such information.
You understand and agree that Wattum and its subsidiaries and affiliates shall in no event be liable for any direct, indirect, incidental, consequential or exemplary damages relating to the Website, Equipment purchased from the Website, or Services described in these Terms and Conditions. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss. The above limitation shall apply whether or not Wattum has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Wattum is limited to the greatest extent permitted by law. You agree that no joint venture, partnership, employment, or agency relationship exists between You and Wattum as a result of the Terms or Your use of the Website.
Your sole remedy for any breach or default of this Agreement by Website and/or Wattum shall be a return of any fees paid to Website and/or Wattum for any services provided, and/or products sold and delivered under this Agreement. You indemnify and agree to defend and hold harmless Website, Wattum, its and their officers, employees, agents, affiliates, licensees, and web hosting services and third parties for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards, or settlements) relating to or arising out of Your use of Website, including any breach by You of the Terms contained in this Agreement.
The Website may include hyperlinks to third-party content or websites. You acknowledge and agree that Wattum is not responsible for and does not endorse any information, advertising, products, or resources available from third-party content or websites. Wattum will not be responsible for the illegality of, or any error in accuracy in, any third-party content, information, materials, or websites.
You expressly understand and agree: (A) that the Terms shall be governed by and construed in accordance with the laws of the State of Florida; and (B) to submit to the personal and exclusive jurisdiction of the courts of County, Miami-Dade, to resolve any legal matter arising from or in any way related to Your use of the Website. You expressly waive any defense based on personal jurisdiction or forum non conveniens. If the court of law having jurisdiction rules that any provision of the Terms is invalid, illegal, or unenforceable, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
Wattum will accept returns of Miners only in two circumstances: (1) Miner(s) that are DOA; and (2) Miner(s) deemed to have MA Hash Not Met. The terms DOA and MA Hash Not Met. Only Miner(s) that have either of the above stated Technical Issues are returnable. If your Miner(s) are not DOA or MA Hash Not Met, Wattum will not accept a return of the Miner(s).
Hosted Miners. If Your Miner(s) are hosted by Wattum, Wattum will Onboard your Miner(s), and determined whether any Miner(s) are eligible for Return. Wattum will notify You as soon as reasonably practicable if your Miner(s) are DOA or MA Hash Not Met. If Miner(s) are eligible for return, Wattum will, at its election: (A) offer to Repair the Miner(s) at no additional cost to You; or (B) accept Return of the Miner(s) and issue a refund; or (C) Replace the Miner(s). Wattum will pay costs for shipping the Miner(s) if shipment is necessary for repair, replacement, or return.
Non-Hosted Miners. Non-Hosted Miner(s) will be delivered in accordance with the Shipping Policy indicated in Section 11. You must notify Wattum during the Inspection Period of any Miner(s) that are either DOA or have a MA Hash Not Met. Any Repair, Replacement, or refund entitlement is subject to Wattum’s verification that the Miner(s) are DOA and/or MA Hash Not Met, through independent testing. If Wattum determines that any claimed DOA or MA Hash Not Met Miner does not qualify, You will be responsible for paying shipping costs associated with the return of the Miner(s) to You. After expiration of the Inspection Period, the Miner(s) are not returnable under any circumstances, and Wattum will not accept any return of the Miners, even if they are subsequently determined to be DOA or qualify as MA Hash Not Met.
When You purchase Equipment, Wattum will arrange for shipment of the Equipment to its Equipment Warehouse. Wattum will notify You when the Equipment has been delivered to the Equipment Warehouse. In arranging the shipment and transportation of Your Equipment to the Equipment Warehouse, Wattum may engage third parties such as carriers, transportation providers, or other entities. You will not be responsible for costs of shipping Equipment to the Equipment Warehouse. If there are applicable taxes, such as import or export taxes, or sales tax, You are not responsible for payment of those costs in connection to the shipment of the Equipment to the Equipment Warehouse. Wattum will make commercially reasonable efforts to ensure delivery of Equipment to the Equipment Warehouse within a reasonable time. However, Wattum will not be liable to You for any damage (whether actual, direct, indirect, consequential, incidental, or otherwise) caused by a delay in shipping, unless it is caused by Wattum’s gross negligence or intentional tort.
Once You are notified that the Equipment has been delivered to the Equipment Warehouse, You are solely responsible for arranging the pickup, or shipment and transportation of the Equipment from the Equipment Warehouse to the Final Destination. Wattum will provide You with the information, and costs of using a PSC to assist in the transportation of your Equipment from the Equipment Warehouse to the Final Destination. You may decline to use PSC or accept their shipping services at your sole discretion. Wattum is not affiliated, partnered, or otherwise associated with the PSC. Wattum does not control the PSC, accept payment on their behalf, negotiate fees or rates on their behalf or control their methods, manner, or shipping practices. Although you are not responsible for shipping costs or taxes associated with shipment of your Equipment to the Equipment Warehouse, You will be responsible for the costs and expenses associated with shipment from the Equipment Warehouse to the Final Destination.
Equipment must be picked up, moved, or otherwise transported from the Equipment Warehouse by You within the Delivery Grace Period. If the Purchaser fails to transport the Equipment within the Delivery Grace Period, Wattum may charge a Storage Fee. You must pay any Storage Fees prior to shipment of the Equipment, and Wattum may refuse to release Your Equipment if you fail to pay outstanding Storage Fees.
When You add Equipment to Your cart, in connection to an Online Order and click the button to “Buy” (“Order(s)”) You will receive an Invoice from Wattum. You will also be prompted to select “Host Me” or “Self-Host”. Your invoice contains the price of the Equipment, only and does not include fees, costs, or other monetary amounts that may be due for Hosting Services. Once You receive the Invoice, you need not take further action until you are contacted by a Representative of Wattum. The Representative will contact you at the email address(es) and/or telephone number You provided at Checkout within twenty-four (24) hours of submission of your Order. At this time, the Representative will supply a formal Purchase Agreement, which You must sign prior to submitting payment, and provide You with instructions for submitting Your payment. You will also be provided with a separate Master Services Agreement, and Hosting Services Invoice, if you elect the “Host Me” option at check out. If You fail to pay for Equipment purchased through the Website, or execute the Purchase Agreement provided by Your Representative, within the time indicated on Your Purchase Agreement, Wattum will not deliver Your Equipment.
You understand and agree that the Terms, along with any applicable Master Services Agreement and Purchase Order constitute the entire agreement between You and Wattum with respect to the Website and the Equipment and Services offered for purchase thereon. The Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and Wattum with respect to the Website. You may be subject to additional terms and conditions when You use, purchase or access other services, affiliate services or third-party content or material.
Wattum reserves the right to modify the Terms from time to time at its sole discretion and without any notice. Changes to the Terms become effective when they are posted and Your continued use of the Website after any changes to the Terms will signify Your agreement to be bound by them.
You understand that cryptocurrency, cryptomining, and virtual currency markets may be unstable and are volatile. You further understand and acknowledge that rates or values of Cryptocurrency may fluctuate. Wattum makes no warranty or representation regarding the advisability of purchasing equipment for the purpose of engaging mining activity, or the profitability of such activities. By using this Website and purchasing products and services from this Website You agree that You understand the risk involved and have had independent opportunity to explore the feasibility of Your purchases prior to engaging with Wattum.
If You have questions, comments, or concerns about these Terms and Conditions or any of the information contained on the Website please send an email to [email protected] with the subject line “Terms & Conditions Inquiry” or call us at (866)551-3261 to speak with a Customer Service Associate.