WM Metals FZE, hereinafter referred to as the Depository, and the party that has accepted the given agreement, hereinafter referred to as the Holder (both hereinafter referred to as the Parties), have concluded this given Agreement (the Agreement) as pertaining the storage of gold.
1. Subject of the Agreement.
1.1. The Depository, for a fee and subject to the conditions stipulated by the given Agreement, is hereby obliged to receive gold and undertake storage of the gold (hereinafter referred to as Gold), as transferred by the Holder.
1.2. The Depository will keep records of the Gold, stored in the Holder's account, with the assistance of the automatic record keeping system - WebMoney Transfer (the System). Records of the Holder's accounts (Purses, G-Purses) will serve as proof of the volume of beneficially owned pure Gold, belonging to the Holder as per their ownership rights. One storage unit equals one gram of pure Gold (1 WMG), where accounting units are one hundredth of a gram (0.01 WMG).
1.3. Gold receipt and transfer by the Holder from one account to another is verified by the Depository of the WebMoney Transfer System by means of concluding Statements of Transfer and Acceptance, which Parties use to acknowledge the transaction records of accounts.
1.4. The Holder can undertake partial or complete transfer of the Gold belonging to them (recorded in their Purses) to other Holders (users of the System using the tools of the System).
1.5. Gold is stored together with other Gold (belonging to other Holders), in the form of Gold bars, which have a fineness of not less than 995.0 (nine hundred ninety five, point zero).
1.6. The Agreement is concluded by means of storing the Gold until it is claimed by the Holder.
2. Rights and obligations of both Parties.
2.1. The Depository is hereby obliged:
2.1.1. To take all measures for Gold safekeeping in accordance with conditions of the Agreement.
2.1.2. To return Gold upon request from the Holder, in accordance with the amount verified by a record in the Holder's account in the System at the time of return.
2.1.3. Not to use Gold, received for storage, without consent of the Holder.
2.1.4. To publish information regarding the quantity and accounting data of the stored Gold, together with audits and storage checks.
2.1.5. To inform the Holder immediately if storage conditions, as per the given Agreement, are to be changed. Changes to the Agreement are considered as accepted after 5 (five) calendar days starting from the time they are published on the System's site. However, this does not include changes described in clause 6.1. of the given Agreement, which come into force as soon as they are published on the System's site.
2.2. The Depository has the right:
2.2.1. To unilaterally resign their liabilities (as per the given Agreement) if the Holder has incorrectly provided of their details, which may prevent the Holder from being sufficiently identified/verified. This condition also applies if the Holder has violated Agreement clauses 2.3.2., 6.1., and 6.2., and any other codes, rules or regulations or other documents of the System.
2.2.2. To attract third parties in order to fulfil the obligations as per the Agreement.
2.3. The Holder is obliged:
2.3.1. To give real and existing personal data that enable correct verification/identification of the Holder when concluding the given Agreement.
2.3.2. To inform the Depository in advance and dissolve the given Agreement if the Holder changes country of permanent residence to that which appears on the list in clause 6.1. of the Agreement.
2.4. The Holder has the right:
2.4.1. To handle and use the Gold at their own discretion, and to forward and sell it to third parties.
3. Responsibilities of the Parties.
3.1. The Depository is fully responsible for the Gold, transferred by the Holder for storage as per the given Agreement, except in cases where loss, shortage or damage of Gold has occurred due to force-majeure circumstances or intent and recklessness on the part of the Holder.
3.2. The Holder is solely liable for observance of legal and regulatory requirements in their country of permanent residence for using and handling Gold in the Holder's ownership. The Holder is also criminally and administratively liable for violating clauses 2.3.2, 6.1., 6.2., or any other unlawful activities performed using the System's tools and/or Purses.
4. Gold delivery.
4.1. Gold delivery is undertaken in the form of Gold bars, with a quantity that must equal/multiply the weight of the Gold bars available in the Depository. In this case the Depository is obliged to fulfil the request within 7 (seven) working days after the request has been received. Delivery should take place only in the offices of the institutions that provide Gold storage.
4.2. If the volume of the Gold (subject to delivery) is not in equal/multiple of the Gold bars, and also in other circumstances at the Holder's request, the Depository may buy out the Gold from the Holder as per the additional agreements.
5. Settlement procedures and methods.
5.1. The storage fee payable by the Holder to the Depository amounts to 0.8 (eight tenths) percent from the accountable volume of pure Gold, transferred during the transaction from the Holder's account in the system to third parties' accounts. This should be not less than one hundredth of the storage unit (0.01 WMG), and not more than two storage units (2 WMG). The stipulated amount includes all expenses of the Depository, connected to the fulfillment of the Storage Agreement. 5.2. The fee is collected by the Depository, without further authorization, by means of transferring the Gold that is equal to the fee amount during Gold transfer to a third party.
6.1. The given Agreement cannot be concluded with Holders located in the following countries: United Arab Emirates, Iran, Iraq, Afghanistan. A list of these countries can be updated by the Depository unilaterally at any time.
6.2. No services can be rendered and no Gold transfer can take place (as per the given Agreement), in cases where the Holder is located in one of the countries listed in clause 6.1 of the Agreement, except operations directly connected to receiving Gold by Holder from Depository.
6.3. By accepting the given offer, located on the server of the System on the internet, the Storage Agreement (subject to the offered conditions), is considered to be concluded in the electronic form. It comes into force from the moment the System verifies that Gold has been transferred for storage.
6.4. The Agreement loses its force and is considered dissolved by the Holder's initiative the moment the Holder deletes the corresponding G Purse. Agreement cannot be dissolved if the corresponding Purse balance is positive.
6.5. The Parties acknowledge that the documents in electronic format (namely, storage agreements, statements of transfer and delivery, purchase and sale agreements, invoices, balance sheets), concluded with the help of (by means of) the System, are legally equal to those in the written (paper) form.
6.6. The Depository, upon request from the Holder, is obliged to create a paper equivalent of the given Agreement after the Holder presents identification in the System, including documents verifying the Holder's competence and details and the signed Agreement.
6.7. Upon request from the Holder, the Depository is obliged to provide a paper equivalent of the Statements and balance sheets from the storage account within 3 (three) working days following the receipt of such a request, stamped and signed by the authorized representative of the Depository. The Holder bears all costs as to forming and issuing paper statements subject to fees.