Cooperation Agreement (1)
Cooperation Agreement (1)
Date: 16.01.2025
Crypex IT LTD, represented by Sibgatullin Ruslan, hereinafter referred to as the "Broker", Alex Kimani
Mwangi referred to as the "Agent", jointly referred to as the "Parties", have drawn up this agreement
(hereinafter referred to as the "Agreement") as follows:
The terms used in the Agreement, including any annexes and additional agreements thereto, including
future signed notifications sent by the Parties, and other documents provided for by the Agreement or
related to the Agreement, have the following meaning for the Parties to the Agreement:
Account - a bank account or wallet account, other data, and credentials (including access to SMS) of the
Agent, transmitted to the Broker.
Account or wallet limit - a limit on the amount of cash flow on the account or wallet in a certain period.
Incidental authority- doing something incidental to the due performance of express authority.
Usual authority - doing that which is usually done by persons occupying the same position.
Customary authority – doing something according to the pre-established customs of a place where the agent
acts.
A non-disclosure agreement, NDA - is part of a contract between Parties that outlines confidential material,
knowledge, or information that the Parties wish to share with one another for certain purposes, but wish to
restrict access to.
1.1. Under this Agreement, the Broker shall entrust and the Agent shall assume obligations to perform
currency exchange operations for remuneration according to the information provided by the Broker. For
currency exchange purposes, the Agent uses its own accounts opened with licensed credit
organizations/banks by the requirements of the current legislation. The Broker provides payment processing
services between the Agent and the third parties for further exchange.
1.2. The procedure, terms, and conditions of currency exchange and the Agent's remuneration shall be
established by the parties in the Annex, which is an integral part of this agreement and are subject to
change.
1.3. The Agent undertakes to provide the Broker with scanned copies of the following documents before
entering into this agreement:
Contact details:
- Telegram Messenger;
- E-mail.
1.4. The Broker ensures that money is deposited into the Agent's accounts and provides information on the
timing, procedure, and exchange rate. The Broker is obliged to provide the Agent with the details for
transferring the funds after the Agent completes the currency exchange. In case of a change of details and
account data for the transfer of funds or amounts to be transferred, the Broker informs the Agent thereof as
soon as possible.
1.5. The Broker can set the Agent's account or wallet limit. Any means of payment received from the third
parties and credited to the Agent's bank account or wallet are subject to exchange and transfer immediately
after reaching the account or wallet limit.
1.6. The Agent is obliged to be guided by the Broker's requirements in terms of exchange rates, terms and
methods of currency exchange, and any other issues that arise.
1.7. The Agent is aware that incoming payments to his account or wallet are not his remuneration and not
his own money. The Agent is responsible to the Broker for the full amount of incoming payments.
1.8. Daily, unless the Broker sets a different term, the Agent is obliged to submit a report via Telegram
Messenger or E-mail on its activities with confirmation of the work performed. The report shall be sent
during working hours, according to clause 3.2.6. of this Agreement.
2.1. The Agreement can be terminated at any time by mutual agreement between the Broker and the Agent.
2.2. The Agent's authority can be terminated by the Broker by revoking the authority. The Broker can
revoke Agent's authority when it has not been exercised by the Agent reasonably, notice must be given for
such revocation.
2.3. The Agent also can revoke the agency by serving notice to the Broker. The Agent must give proper
notice of renunciation/revocation of his Broker. Otherwise, he shall be liable to make good for the loss to
the Broker for such notice. Proper notice shall be deemed to be given not later than 7 days before the
termination of the Agreement, provided that all current obligations of the Agent have been fulfilled.
2.4. The Agreement can be terminated in the following cases:
2.4.1. after completion of agency work for which the agency is created;
2.4.2. if the agency is created for a specific period, then it expires after the period is over;
2.4.3. if there is a death of the Broker or Agent, the business or agency of the firm may be terminated in this
situation;
2.4.4. if the Broker becomes insolvent or bankrupt.
2.5. The Broker has the right to terminate the Agreement unilaterally in cases of failure to submit or
submission of forged documents, or documents related to a third party that is not a party to this contract.
2.6. In case the Broker receives information about the unreliability of third parties engaged by the Agent or
the Agent itself, entitled to terminate this Agreement unilaterally.
2.7. In case of violation by the Agent of clauses 3.2.3, 3.2.6., 3.2.10, 4.1.1, 4.1.2, 4.1.4 the Broker has the
right to unilaterally terminate this agreement.
3.1.8. suspend the Agent's account (or certain features thereof, such as uploading, receiving, sending, and/or
withdrawing funds) at any time and at its sole discretion:
5.1. No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted
under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this
Agreement (except for any obligations to make previously owed payments to the other Party hereunder)
when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party's
reasonable control, including, without limitation, the following force majeure events that frustrates the
purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion,
hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government
order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action
by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or
slowdowns or other industrial disturbances; (i) emergency state and (m) other similar events beyond the
reasonable control of the Impacted Party.
Notifying the other party of the Agreement of the occurrence of the above events is mandatory.
5.2. In case of violation of the terms of the Agreement by the Agent, the Broker has the right, at its
discretion:
5.2.1. to send the Agent a notification with a request to immediately eliminate violations;
5.2.2. immediately suspend traffic to prevent harm to the Broker and limit any potential threat;
5.2.3. terminate this Agreement immediately by sending a notice via e-mail or Telegram Messenger.
5.4. In case of violation by the Agent of the Agreement, the Broker has the right to reduce the commission
percentage at its discretion. In such cases, the Broker has to give notice to the Agent via e-mail or Telegram
Messenger.
5.5. The Agent is responsible for the shortage of funds on the account and undertakes to reimburse the
Broker for the losses in full within the term set by the parties.
5.6. In any cases of suspension, freezing, blocking of accounts, or receiving requests from banks or
governmental authorities, the Agent shall notify the Broker as soon as possible. If the Broker is not notified,
the Agent may not refer to these circumstances as a reason for non-fulfillment of obligations under the
contract.
5.7. Risks and losses in case of blocking of the Agent's accounts shall be allocated by the parties in an
additional agreement. All factors that led to the blocking and actions taken by the Agent to unblock the
accounts shall be taken into consideration.
6. Non-disclosure agreement
6.1. During the term of this Agreement and thereafter, each Party will use and reproduce the other Party's
Confidential Information only for the purposes of this Agreement and only to the extent necessary for that
purpose and will limit the disclosure of the other Party's Confidential Information to its employees,
consultants, advisers or independent contractors who need to know and will not disclose the other Party's
Confidential Information to any third party without the other Party's prior written consent.
6.2. The Agent hereby acknowledges and agrees that the Broker receives credit and financial information
relating to the Agent from any third parties and conducts a credit and financial check of the Agent at its sole
discretion.
6.3. The content of the Agreement, and the terms of cooperation between the Parties are a commercial
secret. The Parties undertake, both during the entire term of the Agreement and at the end of its validity,
under no circumstances to disclose information constituting a trade secret, and agree to provide measures to
protect the confidentiality of information. Information constituting a commercial secret shall be brought to
the attention of only those employees of the Parties who are directly involved in the implementation of this
Agreement. Notwithstanding the foregoing, information constituting a trade secret may be disclosed by the
Party to its advisers, auditors, and consultants, based on the legal requirement of a state body, official, or by
court order, in addition, the Agent has the right to disclose this information to its affiliates. Disclosing
information constituting a commercial secret, the Party shall immediately notify the opposite Party in
writing of the fact of receiving a request from a state body, official, or court to provide this information.
The party that disclosed information to its advisers, auditors, consultants, its affiliates is responsible for the
dissemination of said information by them as for their own actions and/or inaction.
7. Other conditions
Broker:
Crypex IT LTD
Suite 1, Second Floor, Sound & Vision House,
Francis Rachel Str., Victoria, Mahe, Seychelles
Agent:
Full name: Alex Kimani Mwangi
Date of Birth: 28.12.1997
Address : Neema Avenue Nairobi
e-mail: [email protected]
Annex No. 1
to the Agreement on cooperation No. 1113
Dated 16.01.2025
1. The Agent's commission is payable on a weekly basis. The day of payment is Monday. The
transaction fee is charged from the amount of all approved transactions (excluding Cashouts): 3%.
2. The fee is calculated from the cash transactions received during the week. Transactions on
exchange of balances for the previous period are not included in the fee calculation.
The currency exchange operation performed shall be considered as funds received on the Agent's
account, exchanged by the Agent into the relevant currency and transferred to the account specified
by the Broker.
3. In case of misappropriation of funds by the Agent, or currency exchange at a rate not agreed with
the Broker, or impossibility to transfer funds from the Broker's account and/or wallet, the Agent's
commission may be revised.
4. The currency exchange term shall not exceed one banking day, unless otherwise provided by the
parties in the annexes to the Agreement or other information is sent by the Agent to the Broker via
Telegram Messenger or e-mail.
5. Prior to the execution of the Agreement by the parties, the Broker's authorized representative shall
send the Agent a link to attach a photo of the documents and fill in the following information:
• Full Name;
• Date of Birth;
• Phone Number
• E-mail;
• Registered Address
• Present Address
• The Agent is obliged to notify the Broker about any change of data in clause 5 as soon as
possible.