BCB
BARTER CLEARING BANK

A WORLDWIDE TRADE EXCHANGE BARTER BANKING SYSTEM

FOR INDEPENDENT RECIPROCAL BARTER EXCHANGE AND CORPORATE BARTER FINANCE COMPANIES

Payments are possible in each barter currency if the barter currency has been generated
according to the principles of the International Accounting Standards (IAS).


GENERAL TERMS AND CONDITIONS (GTC)

A. GENERAL

  1. The GTC are made by and between BCB Clearing Corporation (BCB) and an independent reciprocal barter trade exchange company, corporate barter company or barter finance company. Registration takes place via the internet.
  2. The GTC are construed and interpreted according to the laws of the United States of America and the State of Delaware.
  3. With the Online-Application (Company Register), the GTC of BCB are accepted.
  4. BCB is a Barter Bank, not a Barter Company. BCB itself is not active in the barter market and therefore does not compete with barter companies. BCB is solely in charge of the barter accounts and the clearing of barter account transactions.
  5. BCB is a Barter Clearing Bank and provides a service as a facilitator and third party record-keeper for barter account transactions between members and its customers. BCB facilitates the settlement of barter accounts in two currencies (US-Dollar and Euro) without exchange rate risks. It is possible to open further accounts, e.g. for subsidiaries, sales departments and/ or purchasing, etc.
  6. Barter US-Dollars and Barter Euros are the exclusive currencies of the BCB. Payments are possible in each barter currency if the barter currency has been generated according to the principles of the International Accounting Standards (IAS). Positive balances of other clearing banks/-houses/-systems are accepted on application. The balances will be transferred to the new BCB barter account as soon as the balance in the other barter currency has been ceded and transferred irrevocably to BCB. The transfer of a positive balance from a BCB barter account to a barter account of other barter currencies, clearing banks/-houses/-systems/etc. is also possible on application.
  7. NO Annual Fees, ONLY Transaction Fees. $ 10.00 per transaction US-Dollar accounts and € 10.00 per transaction Euro accounts.
  8. BCB calls barter and barter finance companies MEMBERS and its clients CUSTOMERS. MEMBERS and CUSTOMERS are USERS of BCB.
  9. The contractual partner of BCB is the barter or barter finance company (MEMBER) and not its clients (CUSTOMERS). Each MEMBER is responsible and liable to BCB for its CUSTOMERS and its accounts. The BCB has no ownership interest.
  10. The BCB Barter Clearing Bank is part of BCB Clearing Corporation. It was developed by BCB Clearing Corporation, is hosted by it, and all rights remain with BCB Clearing Corporation. The BCB administration is fully controlled by modern server systems and all BCB statements are only handled via email. The menus of BCB are available in English and German.

B. SPECIAL

  1. MEMBER
    A MEMBER of the BCB is an independent reciprocal barter trade exchange company, corporate barter company or finance barter company that has contracted to use the BCB to enter into and record transactions for the exchange of goods and/or services with other MEMBERS and its CUSTOMERS.

    Each MEMBER arranges the terms and conditions of its contracts with its CUSTOMERS. The BCB facilitates barter transactions between its MEMBERS and its CUSTOMERS, and in the regular course of its business does not conduct, supervise, or regulate transactions with MEMBER's CUSTOMERS.

    Each MEMBER agrees to abide by the BCB's rules and regulations, including record-keeping and account reconciliation procedures.
  2. CUSTOMER
    A CUSTOMER is an individual or business entity that has contracted with the MEMBER to use the services of the BCB to facilitate barter transactions for the exchange of goods and/or services with other MEMBERS and its CUSTOMERS.
  3. USER
    MEMBERS and CUSTOMERS are USERS.
  4. COMPANY REGISTER (Apply Online)
    Only MEMBERS can register themselves and its CUSTOMERS at no expense with BCB. Registration takes place via the internet: www.bcb-bank.us
  5. RESPONSIBILITY
    MEMBERS are responsible and liable to BCB for its CUSTOMERS accounts.
    CUSTOMERS are solely responsible for their purchase and sale transactions through the BCB network.

    BCB does not investigate the background or guarantee the identity of its members/customers. It is the responsibility of the member and customer to exercise caution in its dealings with other members and customers, to avoid commercial disputes or fraud.
  6. BARTER RATE
    Barter rate is the percentage of a transaction to be cleared through barter accounts. The seller determines the barter rate. The buyer pays the remaining percentage of the sales price to the seller in cash.
  7. BUYER/SELLER
    Buyer and seller negotiate offers and/or demands directly. Payment occurs through a booking (payment order) by the buyer from the buyer's barter account to the seller's barter account.
  8. BARTER ACCOUNTS
    BCB does not function as a bank. The accounts are not FDIC insured and are not insured by any government or quasigovernment entity. The BCB is not a garantor of the Barter US-Dollars and the Barter Euros. BCB Currency may not be used as legal tender. USERS agrees that for all purposes of record keeping, transactions within the BCB, and validation of trades within the BCB, one (1) Barter Dollar shall be equivalent to one (1) United States Dollar, and one (1) Barter Euro shall be equivalent to one Euro. Barter US-Dollars and Barter Euros cannot be redeemed from the BCB or for any USERS of the BCB for cash or currency.

    Barter accounts may have positive (+) and negative (-) balances. Settlement through a barter account is only possible if the transaction amount is covered by the account balance or if the barter account has a credit limit.

    BCB only accepts trade credits from other clearing platforms and barter banks if it has been generated according to the principles of the International Accounting Standards (IAS) and the barter currency must be transferred irrevocably (to the ownership) of BCB.

    Positive balances in other barter currencies (of other clearing banks/-houses/-systems) are accepted. The balances will be transferred to the new BCB barter account as soon as the balance in the other barter currency has been ceded and transferred irrevocably to BCB.

    The transfer of a positive balance from your BCB barter account to a barter account in another barter currency is also possible.

    CUSTOMERS may terminate its account at any time by delivering a notice of termination to its MEMBER and BCB.
    MEMBERS may terminate its account at any time by delivering a notice of termination to BCB.

    A "positive" account balance denotes the right of a USER to purchase goods or services offered by other USERS through the BCB Network using BCB Currency.
    A "negative" account balance creates an obligation on the USER to sell goods or services to other USERS to the extent of the deficit.

    Within one (1) year, the "negative" account must be paid off by the delivery of goods or services. If that is not possible, the MEMBER is liable for the loan amount and must settle its CUSTOMERS "negative" account balance.

    MEMBERS may settle negative customer account balances as follows: In the case of c), another member can settle the account if said member is willing to settle the negative account balance by means of a booking. The members negotiate the terms amongst each other on their own authority.
  9. ACCOUNT AND PASSWORD
    USER shall be responsible for maintaining the confidentiality of its account and password and shall be responsible for any and all transactions by users given access to such account or password and any and all consequences of use or misuse of such account and password. USER agrees that all employees, agents, representatives and others having access to the account and/or password shall agree in advance to be bound by the terms and conditions of this GTC.
  10. CREDIT FOR CUSTOMERS
    MEMBERS can grant their CUSTOMERS loans on their own authority. The MEMBER is liable to BCB for the credits granted to its customers. The MEMBER can have the loan amount (credit limit) credited to the account of its customer. As all CUSTOMERS have one US$ and one � barter account, the loan amount is to be credited according to the currency (US$ or �) agreed for the loan.

    Loans for CUSTOMERS of MEMBERS have a limited term of a maximum of one year. Within a year, the loan must be paid off by the delivery of goods or services. If that is not possible, the MEMBER is liable for the loan amount and must settle its CUSTOMER'S negative account balance.

    Members may settle negative customer account balances as follows:
    1. Cash payment to BCB Clearing Corp. to the amount of the negative balance.
    2. Booking from member's own barter equity to the customer's barter account to the amount of the negative balance.
    3. Booking from third-party barter accounts to the customer's barter account to the amount of the negative balance.
    In the case of number 3, another member can settle the account if said member is willing to settle the negative account balance by means of a booking. The members negotiate the terms amongst each other on their own authority. If desired, BCB can act as a go-between and introduce a member with positive barter account balances.
  11. CREDIT FOR MEMBERS
    MEMBERS can apply informally to BCB for a credit limit. BCB grants loans to MEMBERS against an undated bank guarantee (prime bank). Loans for MEMBERS have a limited term of a maximum of three (3) years. BCB credits the MEMBER'S account with the loan amount as a credit line (limit).

    As MEMBERS have one US$ and one � barter account, the loan amount is to be credited in the currency (US$ or �) agreed for the loan.

    The loan must be paid off within three (3) years by the delivery of goods or services. The negative account balance may be cleared as follows:
    1. Cash payment to BCB Clearing Corp. to the amount of the negative account balance.
    2. 2Booking from third-party barter accounts to the member's barter account to the amount of the negative balance.
    In the case of number 2 another member can settle the account if said member is willing to settle the negative account balance by means of a booking. The members negotiate the terms amongst each other on their own authority. If desired, BCB Clearing Corp. can act as a go-between and introduce a member with positive barter account balances.
  12. FEES
    BCB only charges MEMBERS booking fees for transactions on barter accounts. Commissions on turnover or other bank charges do not apply. MEMBERS also pay the booking fees for every booking made by its CUSTOMERS. The obligation to pay remains with the MEMBER, not with the member's customers.

    ONLY charges for accounting transactions: Fees will be charged normally monthly, but special agreements are possible. The invoice is sent by email to the member by BCB. The invoice is to be settled within 1 weeks by payment to BCB.

    If fees are not paid within the specified period, BCB reserves the right to freeze all accounts of the members and its customers. BCB will inform the customer that the member has not paid the booking fee and ask him to pay the booking fee directly to BCB.
  13. TRADING
    It is unlawful to offer any goods or service in violation of federal or state laws and regulations or that could be considered offenisve in any way. It is prohibited to post any information with political or religious content. The BCB reserve the right to remove all entries or advertisements which do not conform with these regulations without prior notification.
  14. PROHIBITED ITEMS
    The following items may not be traded through the BCB network: Trading of the above items through the BCB network is prohibited even if the item is offered for "free" (rather than for sale). The USER shall, to the fullest extent permitted by law, indemnify and hold BCB harmless from and against any and all costs and expenses (including attorneys fees) arising from any failure by USER to comply with this section.
  15. WARRANTY
    Neither the BCB network nor BCB Clearing Corporation, individually or collectively, guarantees or makes any representation or warranty regarding, any of the following: The BCB does not investigate the background or guarantee the identity of its USERS. It is the responsibility of the USER to exercise caution in its dealings with other USERS, to avoid commercial disputes or fraud.
  16. COMPLIANCE WITH LAWS AND RULES
    MEMBER agrees not to
    1. use or employ any device, software, routine, virus, or other means to interfere or attempt to interfere with the proper working or operations of the BCB network, or of any website, systems or infrastructure operated or maintained by either the BCB network, or
    2. take any action that imposes an unreasonable or disproportionately large load on the BCB network or on any website, systems or infrastructure operated or maintained by either the BCB network, or
    3. post or transmit any content through the BCB network that is unlawful, threatening, abusive, harmful, libelous, defamatory, harassing, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
    4. collect or store personal data about other users other than as is strictly necessary to use the BCB network,
    5. impersonate or otherwise misrepresent any person or entity, or
    6. seek to gain authorized access to other computer systems through the BCB network.
    MEMBER shall not copy, reproduce, alter, modify, create derivative works, or publicly display any information or content from the BCB network or obtained through the BCB network.
  17. CONTINGENCIES
    Neither the BCB network nor BCB Clearing Corporation shall be responsible for any failure to perform due to causes beyond their reasonable control such as acts of God, fire, theft, power grid failure, systems failure, war, riot, embargoes, or acts of civil or military authorities.

    BCB shall have the right to change, suspend or discontinue any aspect of its services, and BCB shall have the right to change hours of operation, or suspend or discontinue the operation of the Network, at any time at their sole discretion without liability.

    In the event of circumstances not reasonably within the control of BCB, including but not limited to disaster, earthquake, breakdown or temporary failure of the Internet, any mechanical, electronic or communications failure, war, riot, or civil insurrection, which results in the unavailability of BCB or the inability to transmit or receive information electronically, BCB shall not have any liability or obligation for delay or failure to provide services under this GTC to member or any other user.
  18. NO THIRD PARTY BENEFICIARIES/THIRD PARTY RIGHTS
    Nothing in this GTC is intended nor shall be construed to give any person or entity, other than member and BCB, any legal or equitable right, remedy, or claim under or in respect to this GTC or any provision contained herein.

    Except as otherwise provided in this section, this GTC is not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.
  19. MODIFICATION OF GTC/ENTIRE GTC
    BCB shall have the right, at its sole discretion, to change, modify, add or remove any portion of this GTC, including fees and transaction rules, in whole or in part, at any time by posting notification on the service. The changes will become effective, and shall be deemed accepted by member, and shall apply on a going-forward basis with respect to transactions, listings and other activities commenced thereafter. In the event that member does not agree with any such modifications, member shall terminate its accounts, which shall be member's sole and exclusive remedy.

    This GTC, inclusive of those documents incorporated herein by reference, contains the complete and final statement of the understanding of the parties with respect to the subject matter of this GTC. This GTC supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between the parties with respect to the subject matter of this GTC.
  20. DISCLOSURES
    The services hereunder are offered by BCB Clearing Corporation/USA.
  21. ACCEPTANCE
    This GTC shall be construed and interpreted according to the laws of the United States of America and the State of Delaware.

    MEMBER AGREES TO BE BOUND BY THIS TERMS, OBLIGATIONS AND CONDITIONS UPON THE PLACEMENT OF MEMBERS FIRST ORDER TO BARTER GOODS AND/OR SERVICES THROUGH THE BCB PLATFORM.
  22. DEFINITIONS
    In this GTC the following words and terms shall have the meanings set forth below:

    Account
    Barter accounts at BCB. Each User has two Barter accounts, US-Dollar and Euro. An Account may contain a negative or positive balance. Each member is responsible for the accounts of its customers.

    Barter Dollar
    Refers to an accounting entry with an assigned arbitrary value that is used by all users of the BCB as a practical method of recording the value of every transaction that results in a transfer of goods or services through the BCB network. Nominal value: 1 Barter Dollar = 1 US Dollar.

    Barter Euro
    Refers to an accounting entry with an assigned arbitrary value that is used by all users of the BCB as a practical method of recording the value of every transaction that results in a transfer of goods or services through the BCB network. Nominal value: 1 Barter Euro = 1 Euro.

    Business Day
    Any day on which banks in the United States of America are not closed.

    Content
    Any and all text, works, of authorship, images, audio/visual elements, photographs, artwork, graphics, trademarks, slogans, logos, and other representations that describe a product or service available for sale on, in or through the BCB network.

    Credit Line
    Refers to the maximum amount of any negative balance permitted in a member's or customer's account.

    Currencies
    Barter Dollars (Dollar Account) and Barter Euros (Euro Account) are the currencies oft BCB.

    Customer
    Refers to an individual or business entity that engages in one or more barter transactions through BCB using the Barter Clearing Bank as end-users of the barter system. Members have contractual relationships with its customers. BCB Clearing Corp. don't have its own direct customers. BCB Clearing Corp. only have contractual relationships with its members.

    Fee
    Fees are any and all amounts paid by or due only from a member to BCB in accordance with the terms and conditions of this GTC.

    Member
    Member refers to independent reciprocal barter trade exchange company, corporate barter company or media barter company that has contracted to use the BCB to enter into and record transactions for the exchange of goods and/or services with other members/costumers. BCB Clearing Corp. only have contractual relationships with its members.

    Person
    A human being or judicial entity.

    Receipt
    Receipt shall mean the day any notice, statement or other correspondence is sent by BCB to the last known address of member by e-mail or fax; in the event of delivery by post or courier, the third Business Day following dispatch.

    User
    Members and customers are users.

Rev. November 2017
© 2002-2017 BCB. All rights reserved.