Stellar Forge Mining
Terms and Conditions
Terms and Conditions ("Terms")
Last updated: (2022)
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.stellarforgemining.com website and the Stellar Forge Mining help center application (the "Service") operated by Stellar Forge Mining, LLC ("us", "we", or "our").
These General Terms and Conditions (“Terms”) apply to and govern any and all of the products and services (collectively, the “Products and Services”) provided by Stellar Forge Mining, LLC (“Stellar Forge”) and your use of the Stellar Forge website (“Site”). You must accept these Terms as a condition of receiving the Products and Services or by using the Site. These Terms are hereby expressly incorporated into the transactional documents such as a “Customer Invoice” or an online store “Pre-Order” or “Purchase Confirmation” (each, an “Order”), entered into by and between you as the customer (“Customer”), and Stellar Forge. In the event of any conflict between these Terms and an Order, the Order will control.
For purposes of these Terms, “you” and “your” or “Customer” refers to the person purchasing the Products and Services. “We,” “our,” or “us” refers to Stellar Forge Mining.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the site.
Modification of Terms
The Terms may be updated or changed by Stellar Forge from time to time. You can review the most current version of the Terms at any time at: http://www.stellarforgemining.com/termsandconditions. If Stellar Forge makes a change to the Terms, an updated version of the Terms will be posted on the Site, and in some cases, you may be provided notice of that change by contact to your current mail or email address in the records of Stellar Forge. You agree to periodically visit the Site to review any such changes. Your continued use of the Products following the sending of such notice by Stellar Forge (if applicable), or the expiration of thirty (30) days following posting of the change on the Site, whichever occurs first, constitutes your acceptance of such changes.
Ordering & Payment
Our Site pricing for Products is governed by Stellar Forge’s then standard offered price lists, as shown on its website, or as specifically agreed in writing between Stellar Forge and the Customer for the particular Product. Stellar Forge reserves the right to change pricing for its Products at any time without notice to you. Prices do not always include taxes and related fees, surcharges, and all applicable government or other entity charges imposed on the provided Products shall be paid by you in addition to any other amounts owing. Such amounts will be listed separately or combined on your invoice.
Pre-Orders & Service Orders
After placing an order, Stellar Forge will send an Order Confirmation email to you. Please note that this does not mean that your order has been accepted by Stellar Forge. Your order constitutes an offer to buy a product or service. All orders are subject to our acceptance, and we will confirm such acceptance by sending an email to you confirming our acceptance of your order. The contract between us will be formed when we send the Confirmation Email.
Advances or Deposits
We may require you to make deposits or advance payments for Pre-Orders and certain Products or Services, which we may use to satisfy your initial bill for an Order, or to offset against any unpaid balance on your account, or as otherwise set forth in these Terms, or as permitted by law. Interest will not be paid on advance payments or deposits unless required by law. We may require additional advance payments or deposits if we determine that the initial payment was inadequate. Based on your creditworthiness or for other reasons, we may establish limits and restrict the provision of Products or Services as deemed appropriate.
Payment of each invoice for the Products or Services is due in full, without deduction or offset, after your receipt of the invoice. Any monetary loss of Products caused by the action or inaction of the Customer will not suspend your obligation to pay for the Products, and you shall remain liable for all applicable charges. Once the order is confirmed and payment received all sales are final. If the entire amount of payment due is not received by Stellar Forge, we may suspend and/or terminate the Order. In the event legal action is necessary to collect on balances due, you agree to reimburse Stellar Forge for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You will be charged a fee for any check or other instrument (including credit card chargebacks) tendered by you and returned unpaid by a financial institution for any reason. We cannot dispatch any Products until we have cleared funds.
Credit Card Authorization
You may be asked to provide us with a valid email address and a credit card number from a card issuer that we accept to purchase your Products or Services. You hereby authorize Stellar Forge Mining to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Products or Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms are to be accepted as authorization to the issuer of the credit card to pay all such amounts. You authorize Stellar Forge Mining and/or any other company who bills for Products or Services or acts as billing agent for Stellar Forge to continue to attempt to charge and/or place holds on your credit card with respect to all sums described herein, or any portion thereof until such amounts are paid in full. You agree to provide Stellar Forge with updated credit card information upon our request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating your credit card information. Without limiting the applicability of any other provisions of these Terms, you acknowledge and agree that neither Stellar Forge nor any of our affiliates will have any liability whatsoever for any non-sufficient funds or other charges incurred by you because of such attempts to charge, and/or place holds on, your credit card. In the event you authorize an automatic payment or electronic funds transfer, you agree that all sums described herein may be charged to the account number provided for such automatic payment or electronic funds transfer.
Fulfillment & Shipping
You may be asked to provide us with a valid address for the fulfillment of Pre-Orders and certain Products ordered from Stellar Forge Mining. The address provided either during checkout, or as specifically agreed in writing between Stellar Forge and the Customer will be used as the delivery location for Pre-Orders and Products ordered. Stellar Forge Mining base shipment charge is for ground carrier service, insures up to $5,000 USD value and signature confirmation delivery (unless otherwise noted).
Customer agrees that it assumes all responsibility for the installation and set-up of the Products and that Stellar Forge is not required to assist with, and bears no responsibility as to, the installation and set-up of the Product. Stellar Forge Mining does not provide and is not responsible for Customer equipment and software used by Customer in connection with the use of the Products (unless otherwise noted). You are responsible for all such equipment, software, and any data thereon without responsibility or liability of Stellar Forge. You are responsible for the following applicable charges all city, state, and federal taxes and other required charges on the Products provided, and any third-party fees that may apply to said Products; the cost for installation of any additional equipment or services; the cost of any other work for which there is a fee; and the replacement cost of all Stellar Forge parts or equipment that may be damaged, lost or stolen while in your possession. Stellar Forge reserves the right to furnish the Products through affiliated companies, underlying providers, and other third parties, at our discretion.
Limitation of Liability
Stellar Forge warrant’s that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. This warranty does not apply to any defect in the Product arising from fair wear and tear, willful damage, accident, negligence by you or any third party if you use the Product in a way that we do not recommend, your failure to follow instructions, or any alterations or repair you carry out without our prior written approval. You are responsible for back-up, surge protection, and protection from liability or damage of your premises or equipment as relates to the Products (unless otherwise noted). Stellar Forge has no liability or responsibility due in whole or in part to any Force Majeure Event meaning any event, occurrence or condition arising or continuing due to factors beyond Stellar Forge’s reasonable control including, but not limited to catastrophic storms or floods, lightning, earthquakes and other acts of God, wars, civil disturbances, revolts, insurrections, terrorist activity, sabotage, interruption of electrical service, disasters, fires, explosions, or actions of a third party or government authority that were not requested, promoted or caused by Stellar Forge.
From time to time, as machine hashrates of the same unit type/model vary, there is no way to guarantee as to what hashrate the factory may release or substitute to us. Industry satisfactory substitutes may happen and in no way change what is valued at time of purchase or a customer order. If the factory offers a reimbursement for a change, which is not typical, Stellar Forge at its sole discretion will make a decision as to what to do, but in no way is Stellar Forge required to compensate customers for the difference in variance.
You are responsible for your own choice of Product or Services and the suitability for any particular purpose. You must ensure that any Products or additional equipment are compatible. Site images are for illustration purposes only. Specifications are correct as per manufacturer information. You must provide reasonable courtesy information and co-operation to Stellar Forge Mining. Note that in accordance with the following two sections, you agree that, by entering into these terms, you and Stellar Forge are each waiving the right to a trial by jury or to participate in a class action.
If you have entered into a hosting contract our minimum term is 12 months as indicated by the start and end date on contract. The minimum KW/unit accepted is 1; to be billed as such.
From time to time cooling costs may be added to your bill if it is decided to be necessary as reflected in the hosting BTU conversion to electricity requirement to cool your units. We utilize heat walls in our operations. Most units will not recirculate BTUs into the same environment that is receiving cooling. However, if your units cannot reasonably fit into the heat wall model, an additional BTU fee will be added.
Delinquent Accounts Notice: Stellar Forge reserves the right to custody equipment and resell customer hosted equipment to pay any outstanding bills with an 18%-30% fee (listing and handling fee), if the customer does not provide a way to fulfill their obligations within 30-60 days of non-payment on delinquent accounts.
You agree to indemnify and hold Stellar Forge and its subsidiaries, affiliates, directors, officers, agents, and employees harmless from any claim, demand, action, citation, loss (including loss of profits or revenue), liability, damage, fine, penalty, legal proceeding or expense (including reasonable attorneys’ fees), including, but not limited to, those arising out of or resulting from the death or bodily injury of any person, or the damage, loss or destruction of any real or tangible personal property, made by any party against Stellar Forge, its subsidiaries, affiliates, directors, officers, agents, and employees arising out of or related to your use of or inability to use the Products, the provisioning or alleged failure to provision the Products, a violation of any provision of these Terms, or your violation of any rights of another, including, but not limited to, any intellectual property rights.
You hereby expressly agree that any Claim brought by you must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple parties, or similar proceeding (each a “Class Action”). You expressly waive any ability to maintain a Class Action in any forum. An arbitrator shall not have authority to combine or aggregate similar Claims or conduct any Class Action or make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
You acknowledge and agree that these Terms, together with all other terms and conditions incorporated herein, constitute the entire agreement of the parties for the provision and use of the Products and the complete and exclusive statement of the terms agreed upon, all prior agreements and understandings being merged herein. Neither these Terms nor any interest herein of Customer may be assigned, sublet, or in any manner transferred by Customer without the prior, written consent of Stellar Forge, which consent may be withheld in Stellar Forge Mining’s sole discretion. Any attempted assignment or transfer in contravention of the preceding sentence shall be void. A waiver by Stellar Forge of any terms herein shall not be construed as a waiver of any subsequent breach of these Terms.
This Terms shall be governed by the laws of the State of Kansas without regard to its conflicts of law principles, and venue shall be proper only in Johnson County, Kansas.
No amendments or modifications to these Terms shall be effective or binding against Stellar Forge Mining unless expressly agreed to in writing by an authorized representative of Stellar Forge. Any business communications in connection with these Terms may be provided by email. However, any legal notices relating to these Terms must be provided in writing and sent to Stellar Forge at the address set out in the applicable Order or any address later provided by Stellar Forge. All notices will be sent by a major commercial delivery courier service or mailed in a manner that requires a signature by its recipient.
These Terms are entered into solely between and may be enforced only by, Stellar Forge and Customer. These Terms will not be deemed to create any third-party rights or obligations thereto. Each party to these Terms will be acting as an independent contractor, and nothing herein will be construed to create a partnership, joint venture, or any type of agency relationship between Stellar Forge and Customer.
Links To Other Web Sites
Our site may contain links to third-party websites or services that are not owned or controlled by Stellar Forge Mining.
Stellar Forge Mining has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree Stellar Forge Mining shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide notice from time to time of updates. What constitutes a material change will be determined at our sole discretion.
If you have any questions about these Terms, please contact us.
Stellar Forge Mining, LLC
11936 W. 119th Street PMB #156
Overland Park, KS 66213