Borrower (Party A): ____________ (hereinafter also referred to as “Debtor/Pledgor/You”)
Lender / Platform (Party B): BiKi Exchange (hereinafter also referred to as “BiKi Platform/This Platform/Creditor/Pledgee”)
Signed on: _________(Year)__________(Month)__________(Day)_________(Time)
Prior to your consent to this Agreement, as a Borrower, it is deemed that you have prior understanding of all the provisions in this Agreement and consent to apply from Party B for a secured asset loan on BiKi Platform (hereinafter referred to as the “Platform”).
Please note that the Crypto Lending Service under this Agreement is currently not applicable for users from Mainland China, Japan and United States.
You shall ensure and guarantee that the identity used in relation to this Agreement is true and valid in your country and that the source of the pledged asset is of legitimate origin, and that if some or all of your pledged assets are of illegal origin, your loan application may be rejected or the transactions that have been loaned will be required to be repaid in a timely manner.
In order to protect your legal rights and interests, you must read and understand all the terms in this Agreement. If you do not agree with any of the contents in this Agreement or you cannot understand the meaning of any clause, please do not proceed to consent this Agreement or otherwise utilize the website.
By confirming your acceptance to this Agreement on the relevant website, APIs or mobile applications of this Platform, it is deemed that you have agreed to be bound by all the terms, conditions and provisions set out in this Agreement. Party A’s acceptance of this Agreement by clicking and confirming through the website, API, mobile applications and other methods (including but not limited to signature and seal confirmation) shall bear the same legal effect.
Given that:
Party B has the actual operating rights of the website on BiKi platform (www.biki.com) including the software or mobile applications such as APP software, and we hereby acknowledge Party A as the Borrower for crypto assets from Party B on BiKi platform; and both Party A and Party B have reached the following Agreement:
- Lending Amount, Tenure and Purpose
[1] Types of Lending: Under this Agreement, the crypto asset available for lending on this platform is USDT (referred to as Tether USD token based on the stable value currency of US Dollars (USD) launched by Tether, referred to as “USDT” under this Agreement). You have read and agreed that with the upgrade of the platform services, the platform has the right to change or increase the types of crypto asset available for lending.
[2] Assets for lending _______________ (if the amount is inconsistent in figures and words, the amount in words will prevail). The actual loan amount shall be the amount of the loan minus handling fees (handling fee is a one-time fee collected during the release of the loan)
[3] The maximum loan amount borrowed by the user shall be calculated by: Under this Agreement, the formula for calculating the current maximum amount of USDT that you may borrow from the Platform is: (Available Balance of Collateral in Your Account * Settlement Price * Benchmark Rate for the Pledge). The settlement price will be based on the low value of the closing price of USDT in the past 7 days of the daily 1-minute K Line on Huobi, Binance and OKex and the recent 1-minute K Line of the pledged assets.
[4] Limit on the single transaction amount on the Platform: For the purpose of risk control and in the interests of the users of the Platform, the maximum loan amount for a single transaction will be USDT 1,000,000 equivalent of crypto assets at the time of transaction, and the minimum loan amount for a single transaction will be USDT 1,000 equivalent of crypto assets at the time of the transaction.
[5] The method of settlement and loan tenure under this Agreement will be based on Option (1) as follows:
(1) Repay on Demand. The loan tenure is calculated from the _____ year ______ month _______ day up to the actual repayment period;
(2) Fixed Tenure. The loan tenure is calculated from ______ year ______ month up to _______ year _______ month;
If the actual date of the first loan is inconsistent with the start date as agreed in this Agreement, the loan tenure shall be calculated from the specific release time of the first loan.
[6] The Borrower undertakes that the loan under this Agreement shall not be used for the following purposes except for those as stipulated in this Agreement, otherwise the Lender shall have the right to demand the Borrower to repay the loan and interests immediately, including compensation for all the losses caused by the Borrower. At the same time, if the Borrower fails to repay the loan and interests in a timely manner after notification, the Platform may directly liquidate the loan to complete the repayment;
(1) It shall not be used to obtain illegal income or conduct illegal acts;
(2) It shall not be used in areas where the regulatory authorities prohibit the entry of the crypto assets;
(3) It shall not be used in any other fields in violation of the relevant laws, regulations and policies.
[7] The Borrower agrees that, in any of the following circumstances, the Lender may notify the Borrower 2 days in advance by mail or the contact method registered in the account of the Borrower, and demand the Borrower to repay the loan within a time limit:
(1) The Borrower is likely to refuse to repay the loan or tends to default;
(2) When there is significant fluctuation in the crypto asset market affecting the fairness of this Agreement;
(3) When the Lender believes that the Borrower has other risks of not being able to repay the loan.
[8] The Lender may announce early expiration of the loan, in part or in whole, granted under this Agreement if the Lender confirms that if any of the circumstances has occurred:
(1) The Borrower fails to return the principal and/or interest due on time and in full in accordance with the provisions of this Agreement which is in violation of the provisions in this Agreement on the purpose of the loan;
(2) The borrower is in any of the circumstances of default as stipulated in this Agreement or violates any of the provisions of this Agreement;
(3) The debts (if any) due to the Lender or any other third party have not yet been repaid after they expired (including early expiration), or the borrower's liability or breach of contract with any other third party has affected its performance of obligations under this Agreement;
(4) The whereabouts, disappearance or death of the Borrower, being in a state of limited or incapacitated civil conduct, having any serious disease, accident, being involved in a major legal dispute, being subject to compulsory measures, or having any major change in the repayment capacity, etc., affecting the borrower's performance of its obligations under this Agreement.
[9] The specific loan amount and tenure of this Agreement shall be determined in accordance to Article 5 of Section 1 of this Agreement; and as stipulated, if the actual amount and transfer date between the Lender and Borrower is inconsistent, the actual time transfer of the loan shall prevail (unless otherwise specified, the time zone covered by this Agreement shall be UTC +8).
- Interest Rates, Penalty and Handling Fees
[1] The basic interest rate of the loan within the terms of this Agreement is 0.04% per day; and the interest rate shall be calculated on a full day (on the basis of compound rate); and if less than one day, it is calculated as 1 day. In the event of any activity such as interest-free offers, rate cut or discounts etc., the actual interest on the loan shall prevail;
[2] This Agreement stipulates that each loan order shall subject to a handling fee of _______ % which is a one-time charge upon release of the loan;
[3] If a fixed tenure is selected under this Agreement, the penalty for overdue loan shall be an additional 0.02%/day plus the basic borrowing rate. If the Borrower is in violation of the Agreement on the purpose of the loan, the penalty will be an additional 0.03%/day plus the basic borrowing rate.
[4] The interest on the loan shall be calculated from the time when the loan is granted, and the interest shall be calculated on an hourly basis, and the interest shall be settled or paid as agreed upon in this Agreement.
[5] If the Borrower fails to repay the principal of the loan on time (including the principal of the loan which is announced to be paid in full or in part in advance), the Borrower shall pay the interest at the penalty rate as stipulated in this Agreement from the time when the loan is overdue, and the interest that the Borrower fails to pay on time as stipulated in this Agreement shall be calculated and recovered at the penalty rate.
[6] If the Borrower is in violation of this Agreement on the purpose of the loan as stipulated, the part of the loan that is used in violation of the Agreement shall be calculated at the penalty rate of the misappropriated loan interest rate as stipulated in this Agreement from the time of the breach; and the interest that has not been paid on time during the period of misappropriation of the loan shall be compounded in accordance with the penalty for the misappropriated loan.
[7] If the loan used is overdue and in violation of the Agreement on the purpose of the loan, the penalty interest will be charged at 0.03% per day plus the basic borrowing rate.
- Conclusions of Agreement and Granting of Loans
[1] Please note that you need to read carefully and confirm your consent to the terms of this online Agreement and the signing of this online Agreement before performing crypto asset lending on this Platform. Once you have signed this online Agreement, the online Agreement will become effective and will be kept on this Platform and remain accessible by both parties.
[2] Please note that the Lender can grant you all the loan at one time if only all of the following conditions are met:
(1) This Agreement is in force and remains valid;
(2) The pledge as stipulated in this Agreement has been completed;
(3) Other conditions that the Lender may deem necessary
[3] Under this Agreement, the platform account opened by the Borrower on this Platform for receiving the loans are as follows:
Borrower’s Platform Exchange Account: ________________. When the Lender transfers the crypto assets to the Borrower at the aforesaid account on this Platform, it is deemed that the Lender has fulfilled the obligations of granting the loans.
- Repayment
[1] After Lender has granted the loan, the Borrower can check the information on the loan and repayment through the account and perform related operations.
[2] Unless otherwise specified in this Agreement, the method for loan repayment will be based on Option 1 as follows:
(1) After the loan is granted, the Borrower shall choose the time for repayment at its own discretion, and return the interest first, then return the principal. After all the principal and interest have been repaid, the pledge of the borrower shall be returned;
(2) One-off Repayment of the principal and interest on maturity: that is, the principal and the interest thereon will be repaid in a lump sum upon the maturity date of the loan.
[3] The Borrower may perform repayment on this Platform. The Borrower shall return the crypto assets to the account designated by this Platform (Lender) as the borrower's repayment in accordance with the provisions of this Agreement and the operational instructions of this Platform.
- Guarantee
[1] The guarantee method for loans under this Agreement shall be the pledge of crypto assets from the legitimate sources of the users. If the type of crypto assets provided by the Borrower based on this Agreement is a publicly pledged asset such as BTC, the formula for calculating the loan amount is: loan amount / (loan settlement price × benchmark pledge rate), the loan settlement price shall be the low value of the closing price of USDT as converted from the pledge of the last seven days and the last one minute of the mainstream spot trading platform (Huobi, Binance, OKex) and the one-minute line, with the benchmark pledge rate of 60%. You have read and agreed that, with the upgrade of the Platform's services, the Platform shall have the right to change or increase the types of crypto assets that may be pledged, and adjust the benchmark pledge rate for the types of crypto assets in accordance to the market conditions.
[2] The Borrower shall ensure that the crypto assets pledged by the Borrower are legally owned by the Borrower and have the complete lawful ownership and disposal right of the pledge, and the pledge is not subject to any ownership dispute, and the establishment of the pledge shall not be the subject to any restriction or cause any illegal situations.
[3] The scope of security for the pledged crypto assets shall cover all debts (including the principal of the loan, interest of the loan, etc.) payable by the Borrower under this Agreement, as well as the liquidated damages, compensation, and other payments (if any) payable by the Borrower to the Lender due to the violation of this Agreement, and the expenses incurred by the Lender for realizing the creditor's rights and security rights (including but not limited to litigation fees, arbitration fees, property preservation fees, travel expenses, execution fees, evaluation fees, notarization fees of auction fees, service fees, announcement fees, etc.).
[4] For the transfer and safekeeping of the pledge, the Borrower shall transfer the pledged crypto assets to the Lender's designated account under this Platform before the loan is granted at the time when this Agreement is concluded.
[5] If the Lender requests to change the digital address for receiving the pledged crypto assets, the Borrower shall deliver the pledge to the Lender’s updated address.
[6] When the borrower delivers the pledge, it shall deliver the ownership certificate of the pledge (if any) to the Lender for safekeeping, and the period of safekeeping shall expire upon completing the repayment of the debt guaranteed by the pledge. The Lender shall properly keep the pledge and the relevant evidence (if any).
[7] Since the pledge under this Agreement is a crypto asset that is subject to a relatively high risk of price fluctuation, the Borrower agrees that the Lender set a clause on the pledge rate; and it is also agreed that the Borrower shall deposit part or all of the Borrower's pledge on the Digital Assets Exchange.
[8] Real-time pledge rate = loan amount (or amount outstanding) + loan interest/quantity of pledge × current price of pledge
[9] The benchmark on the pledge rate for the total pledged amount as stipulated in this Agreement shall be 60%. During the implementation of the Agreement, if the price changes due to market fluctuations, both parties of this Agreement shall perform the following in accordance to the changes in the real-time pledge rate:
(1) During the loan tenure, if the real-time pledge rate is more than or equal to 70% (hereinafter referred to as the "loan risk ratio"), the pledged assets of the loan account involved in this Agreement have triggered a warning (please refer to the Instructions on the Loan Risk Ratio of BiKi);
(2) If the pledged assets of the loan account involved in this Agreement triggered the warning at a certain trading level, the Platform will notify the Borrower by email and mark the transaction as "Forced Liquidation Order", and calculate the quantity for forced liquidation;
(3) After receiving the notification, the Borrower may choose to increase the pledged assets on the platform which must be the same type as the original pledge. The Platform will automatically calculate the additional collateral to be pledged. The calculation formula is: the quantity of additional collaterals = the borrowed amount of Party A / (current price benchmark of pledge rate) - the quantity of original collaterals. If the Borrower chooses to increase the pledged assets, the Platform will remove the marking of “Forced Liquidation Order” and re-calculate the real-time pledge rate after the Borrower completed the additional pledge;
(4) Within the loan tenure, if the real-time pledge rate is more than or equal to 90%, the pledged assets in the loan account as mentioned in this Agreement shall triggered the forced liquidation of order;
(5) During the renewal period of this Agreement, if the value of the loan account is lower than the outstanding loan and interest after the pledge is liquidated, the Platform shall, by email, fax, SMS, telephone, etc. on the day of such circumstance, notify the Borrower to add pledge or repay the loan. The Borrower shall, within 1 day upon receiving the notification from the Platform, arrange to transfer the additional pledge to the designated account of the Lender under the Platform, or return the outstanding loan after deducting the handling charges for closing the position or after offsetting the pledge value upon closing the position; otherwise, the Borrower will be willing to assume the guarantee for repayment liability with personal property or estate, etc., and the Lender shall retain the right to pursue against the Borrower.
(6) The Borrower confirms that the Platform has the right to charge a handling fee of 0.1% for the loan amount liquidated under this Agreement;
(7) The Borrower confirms that in the event of liquidation, the current price of the pledged assets when the Platform performs the liquidation will be conducted by reference to the current best price of the pledged assets of each digital exchange (i.e. the minimum price for the pledge to be converted into a loan), and the Borrower has no objection to the current price of the pledged assets selected by the Platform.
(8) The Borrower confirms that the Platform will fulfill the obligation of notification arising from this Agreement through the mailbox provided by the Borrower to the Platform for verification upon application for the Platform account. If the Borrower changes the contact information, the Borrower notify the Platform in writing immediately after the changing the contact information, otherwise all liability arising therefrom shall be solely borne by the Borrower.
[10] After the Borrower has fulfilled the repayment under this Agreement, the Lender shall, within 【】days after confirming receipt of the repayment, return the pledged assets to the crypto asset account of the Borrower under this Platform. The Borrower confirmed that, due to the relatively large volatility of crypto assets, during the period when the Borrower repays all the loans until the Lender returns the pledged assets in accordance with this Agreement, any price fluctuation of the pledged assets is irrelevant to the Platform (Lender), and all relevant risks shall be borne by the Borrower.
- Rights and Obligations
[1] Rights and Obligations of Lenders
(1) The right to request Borrower to provide information related to the project loan;
(2) The right to demand repayment for the Borrower’s evasion of the Lender’s supervision, default on the principal loan or any other serious breach of contract;
(3) Provide Borrowers with loans in full and on time in accordance to the terms of this Agreement (except for delays caused by the Borrower);
(4) Keep information provided by the Borrower on its debts, finances, credit standing etc., confidential unless otherwise agreed in this Agreement or provided for by any laws or regulations;
[2] Rights and Obligations of Borrowers
(1) The Borrower has the right to demand the Lender to keep the information of this Agreement confidential unless it is otherwise provided for by any laws or regulations;
(2) The Borrower shall not violate this Agreement on the purpose of the loan;
(3) The Borrower shall not transfer its rights and obligations under this Agreement to any other third party without written consent from the Lender;
(4) The Borrower may repay the principal of the loan in advance with written consent from the Lender;
(5) Consciously accept and actively co-operate with the Lenders to investigate, understand and supervise the use of the loans under this Agreement;
(6) Settle the principal and interest of the loan as agreed upon in this Agreement;
(7) To bear the relevant expenses arising from the conclusion and performance of this Agreement, including but not limited to the expenses for notarization, authentication, evaluation, registration, insurance, guarantee, as well as the expenses paid by Lenders for the realization of creditor's rights, including but not limited to the expenses for issuance of enforcement certificates by notary offices, litigation costs, lawyer fees, etc.;
(8) For a demand letter or a demand document or any other document served by the Lender to the Borrower by mail, announcement or other means, the Borrower shall return or send the return receipt to the Lender within 3 days after signing the receipt;
(9) Where the domicile, address, contact information (including but not limited to the mobile phone number, fixed-line number, email address) or any other matter is changed, the Lender shall be notified of the change in writing in a timely manner;
(10) In the event of any other event that has a significant adverse impact on the performance of the repayment obligations under this Agreement, including but not limited to a major accident, major illness, involvement in a major economic dispute, bankruptcy, deterioration of the financial status, adoption of compulsory measures, restricted rights, loss of contact, etc., the Lender shall be notified in writing immediately;
[3] Rights and Obligations of the Platform
(1) The Platform shall have the right to charge Party A for handling fees on the borrowings under this Agreement, and the calculation of the handling fees shall be 0.05%/amount of the borrowings; and the Platform has the right to deduct the aforesaid part of handling fees from the principal of the loan granted to Party A;
(2) The Platform hereby reminds Party A to keep the registered information, passwords, etc. stored on the Platform properly. If the aforesaid information is leaked due to any non-platform reasons, Party A shall be solely liable and shall not deny that the electronic agreement entered into in the foregoing manner is legally binding on Party A or fails to perform its obligations in accordance with such agreements based on the theft of account information such as its account password or other reasons.
- Liability for Breach of Contract
[1] The Borrower confirms that the Borrower will constitute a breach of contract under any of the following circumstances:
(1) failure to repay the arrears on time and in full amount as agreed upon in this Agreement
(2) in violation of this Agreement on the purpose of the loan
(3) for providing false information or materials for the purpose of the loan, or for providing false commitments
（4）for failing to provide pledged assets as required in this Agreement or the pledged assets are of illegal sources;
(5) the Borrower is found to have transferred the assets to avoid debts or has other unpaid due debts, which may affect its solvency;
(6) any other violation of laws or regulations or violation of this Agreement that may occur.
[2] In the event if the Borrower defaults as stipulated in this Agreement, the Lender shall have the right to take one or more of the following remedy measures:
(1) Require the Borrower to make correction to the breach within a time limit;
(2) Stop issuing the undisbursed loans;
(3) to declare part of all of the outstanding loans as due and demand the Borrower to repay all the debts;
(4) Dispose the pledged assets to realize the creditor’s rights of the Lender;
(5) Recovery of the debts by legal means and claim of rights (such as entrusting a professional company or law firm to collect debts on behalf);
(6) other possible remedies for breach of contract as provided for by laws and regulations or as agreed upon in this Agreement;
[3] Where the borrower breaches the contract, it shall compensate the Lender for all losses (including but not limited to direct losses, indirect losses, losses of expected benefits, attorney's fees, litigation costs, preservation fees, notarization fees, travel expenses, etc.).
- Validity of the Agreement, Changes, Cancellation and Termination
[1] This Agreement shall come into force on the date when the Borrower confirms acceptance on the relevant website, APIs or mobile applications of this Platform, and shall terminate on the date when the principal, interest, compound interest, penalty interest, liquidated damages, litigation fees, attorney fees and all other fees paid by the Lender for the realization of the creditor's right under this Agreement are being repaid fully.
[2] After this Agreement takes effect, neither party may alter or rescind this Agreement without authorization or in advance, except as otherwise provided for in this Agreement, and if it is necessary to alter or rescind this Agreement, this Agreement shall be negotiated by both parties with mutual agreement in writing. This Agreement shall continue to be in force until a written modification or termination agreement is reached.
- Application of Law and Dispute Resolution
[1] The conclusion, enforcement, performance, interpretation and termination of this Agreement shall be governed by the laws of Singapore.
[2] For disputes arising out of or in connection with this Agreement, both parties shall strive to resolve the dispute through amicable negotiation. If, after amicable negotiations between both parties, there is still no agreement on the dispute resolution, either party shall have the right to submit the dispute to Singapore International Arbitration Centre (SIAC). During the period of dispute settlement, the provisions of this Agreement that are not related to the dispute shall remain to be in force.
- Special Reminder
[1] You understand and agree that the Platform does not guarantee that the network service will meet your requirements, nor will it be interrupted, nor will it guarantee the timeliness, security and accuracy of the network service.
[2] You understand and agree that the Platform shall not be liable for any disruption of network services or other defects caused by force majeure or reasons beyond the control of the Platform, but shall endeavor to minimize any loss or impact to you as a result.
[3] You understand and agree that the Platform has the right to use and disclose your information and materials pursuant to the Platform's User Registration Agreement, including its effective amendments and additions.
[4] You understand and agree that this Platform is entitled to transmit and/or store the information provided by Party A in this Agreement to a third-party server or third-party storage service provider, and that this Platform shall not be liable for any disclosure of information due to any reason given by the third-party server or third-party storage service provider.
Additional Terms
[1] This Agreement is made in the form of electronic text, and Party A agrees and confirms that information provided according to the requirements of this Platform is its legal and valid electronic signature, and is stored on the dedicated server established by this Platform for future reference, and both parties to this Agreement acknowledge the validity of the Agreement in this form. The Party A understands and agrees that the Party A shall, upon signing this Agreement on this platform by clicking and confirming its BiKi registration account, be deemed as the true will of the Party A and signed in the name of the Party A, which has legal effect on Party A. Therefore, this Platform hereby reminds Party A to keep the registration information, passwords, etc. on this Platform properly, and if the aforesaid information is leaked due to any non-reason of this Platform, Party A shall be solely liable, and Party A shall not deny the legal binding force of the electronic agreement concluded by the aforesaid means or perform its obligations under such agreement by virtue of the theft of account information such as account passwords or other reasons. Party A's acceptance of this Agreement by clicking and confirming on the relevant website, APIs, mobile applications and other methods (including but not limited to signature or seal confirmation) shall have the same legal effect.
[2] If any one or more of this Agreement is in violation of applicable laws and regulations, this Agreement shall be deemed to be invalid, but such invalidity shall not affect the validity of the other provisions in this Agreement.
[3] From the date of signing this Agreement until the date when the principal, interest and related expenses are fully settled, if there is any changes in Party A’s email or digital address of its crypto assets or other contact methods registered on this Platform, the Platform shall be notified immediately of such change. Party A agrees that this Platform may use and disclose the aforesaid information that it has changed in accordance with the provisions of this Agreement. If Party A fails to provide the aforesaid change of information in a timely manner, any losses or additional expenses incurred shall be borne by Party A.