Terms of Services

General

Copyright

All Products or Services provided by a Arcane Studios Freelancer may not be sold without explicit permission before the sale, and any arrangements made in part with this agreement fulfilled. Any Products or Services discovered to have been resold will immediately be claimed as Arcane Studios property. We reserve the right to pursue any legal recourse that we deem fit.

Goods and Services

All goods and services we provide are digital goods; therefore, we are not held accountable for any loss or damage of the product purchased or the system in which the product is used after verifying the ticket has been completed.

50% upfront payment is required for security reasons. This will allow our freelancer(s) to begin work on the project securing some sort of payment in the unlikely chance the full amount is not received. 100% upfront payment is required when the freelancer is conducting the service on a live server, I.E they are building on the client's server. Additionally, a service charge of 5% + 0.40c will be added to the final invoice, and by opening a ticket with us, you have agreed to this.

Any "pre-made" goods sold are sold as-is. If you wish for alterations to be made, this will be up to the discretion of the original freelancer. Management has the right to cancel/postpone any work being completed if deemed necessary. This also means that service can be refused for any reason without justification to yourself.

If you require our freelancers to sign an NDA, you must notify management so that we can select a freelancer able to sign off such agreements legally.

All payments must go through PayPal Goods and Services. PayPal is our only current payment method, as in the case of a chargeback, it allows us to handle the situation properly. If the remaining payment is not received, Arcane Studios has the right to resell and claim the work as our own.

Freelancers may appropriately provide recommendations for related Services/Products during your commission with them, these recommendations are from the Freelancer and not endorsed by Arcane Studios unless they are our Partners. These Services/Products can include, but are not limited to: Hosting, Paid Products (eg. Pre-made Paid Minecraft Plugins), Subscriptions or additional services with them or other freelancers. Freelancers may provide affiliate links or discount codes which you are welcome to use as the client. Freelancers are encouraged, but not required, to recommend our Partners' Services/Products where appropriate.

Deadlines

Please note that the deadline will not commence until 50% payment is made up-front. For example, if it was the 20th of January 2023 with an original deadline set to the 27th of January, if you did not make payment until the 25th of January, the deadline would automatically be updated to the 1st February 2023.

If a product is not completed upon the agreed date, we may provide a partial refund to the client. The percentage of refund will be determined by management. Each case is evaluated on a "case to case" basis.

Unsatisfactory Products

If the client is not happy with any service provided, the freelancer will attempt to fix the product to the client's standard, and a partial refund may or may not be provided. This again will be determined by management.

Change of mind

Any alterations to the commission will come at an additional charge determined by the freelancer assigned. All details need to be clearly outlined to prevent further changes having to be made.

Language

Although we do understand and appreciate that English is not everyone's primary language, for our logs we do ask that all communication within the ticket is done in English. This allows management to properly oversee each ticket to ensure certain quality and standards are met.

Portfolio

Unless specifically discussed with management beforehand, we reserve the right to use any project/work completed for our promotional use and/or in our portfolio. We will not use any names or information unless permission has been granted by the client.

Product Support

Our services/products come with 30 days of guaranteed support for any issues caused by the original service or product. Please note support will not be provided for any issues not directly caused by the original commission work. For example, other plugins, bots etc. interfering will not be the freelancer's responsibility. Any support after the 30 days will be left to the freelancer to decide on whether they have time to provide support and if they will charge for said support.

Commission Files

It is entirely up to the client to ensure they download and maintain a copy of their commission files. Although some freelancers do keep previous commission files, they are not required to do so after the 30-day support period has passed. Arcane Studios will not be left liable for any lost files after that period. Furthermore, you as a client have a responsibility to keep a backup of any files you have the freelancer work on during a commission, this way in the unlikely chance where they are lost, you are not left with nothing.

Refund Policy

As the services/products provided are digital goods, in most cases a refund will not be provided. Only in certain scenarios will a refund be provided. The amount is calculated based on the total commission price.

All refunds provided DO NOT include any service fees added to the original amount.

For example, if you are quoted $100, the total amount paid would be $105.40; if management provided you with a 100% refund, you would only be eligible to receive the $100 back.

Missed deadline (5% refund per day up to a week, 10% per day thereafter up to a total of 75%)
Unsatisfactory product (maximum of 15% awarded)
Management makes the decision that the client is eligible for a refund (the percentage is determined by management only).

Furthermore, you are not eligible for a refund due to a "change of mind" where you decide to cancel the commission after the freelancer has already commenced work. Compensation may be issued in some cases for the work which is yet to be completed if the full amount was paid upfront.

Chargebacks, disputes, or attempts to get your money back without going through the proper process of speaking to the Management Team (fraudulent) are not permitted and will be considered scamming. This will result in an immediate ban, and a scam report will be opened against your name.

If you have an active service, it is your job to remain on the Discord Server. If you are removed by Management for a breach of the rules or Terms of Service, or you leave without warning, your order will be cancelled. Under this occurrence, no refund will be provided back to you.

If you are "trolling" during a service, which includes but is not limited to; destroying builds, deleting files, and making rude remarks, your service will be cancelled, and you may only be provided a partial refund of 50-75%. The amount you will be refunded will be determined by Management and will not be up for negotiation by the client.

Communication

All communication relating to a good or service must remain in the Arcane Studios Discord Server. If you are scammed or provided with a faulty product due to taking the commission through private messages, support will not be provided, and we will not be held accountable.

Furthermore, by discussing commission details via a voice-chat, it is up to the client to organise with the freelancer if the conversation is recorded. Arcane Studios and it's freelancers will not be responsible if the client claims something was discussed and the freelancer says it was not or vice versa.

Privacy Policy

All client information provided through invoices such as full names, emails and addresses will be kept private and not shared. Every ticket opened within the discord is automatically logged as a transcript upon being closed. This is to keep all parties safe, and all information contained within the ticket will be only visible to management.

Full Legal Documentation

General

You will be refused service/s if you do not agree with our Terms of Service. So please ensure that you read the following agreement. You are responsible for checking these terms often, as we reserve the right to change them at any time with or without notice. and then further down before license add General again and add You will be refused service/s if you do not agree with our Terms of Service. So please ensure that you read the following agreement and follow https://discord.com/terms and https://discord.com/privacy. You are responsible for checking these terms often, as we reserve the right to change them at any time with or without notice. By accessing and placing an order with Arcane Studios, you confirm that you are in agreement with and bound by the terms of service in the Terms & Conditions outlined below. These terms apply to the entire website and any email or communication between you and Arcane Studios. Under no circumstances shall the Arcane Studios team be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Arcane Studios team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repairing or correcting equipment or data, you assume any costs. Arcane Studios will not be responsible for any outcome that may occur while using our resources. We reserve the right to change prices and revise the resource usage policy at any moment.

License

Arcane Studios grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.

These Terms & Conditions are a contract between you and Arcane Studios (referred to in these Terms & Conditions as "Arcane Studios", "us", "we" or "our"), the provider of the Arcane Studios website and the services accessible from the Arcane Studios website (which are collectively referred to in these Terms & Conditions as the "Arcane Studios Service").

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Arcane Studios Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Meanings

Cookie: small data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
Company: When this policy mentions "Company," "we," "us," or "our," it refers to Arcane Studios, which is responsible for your information under these Terms & Conditions.
Country: where Arcane Studios or the owners/founders of Arcane Studios are based, in this case, is Australia
Device: any internet-connected device such as a phone, tablet, computer or another device that can be used to visit Arcane Studios and use the services.
Service: refers to the service provided by Arcane Studios as described in the relative terms (if available) and on this platform.
Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
Website: Arcane Studios."'s" site, which can be accessed via this URL: https://arcanestudios.co or https://discord.gg/arcanestudios
You: a person or entity that is registered with Arcane Studios to use the Services.

Restrictions

You agree not to, and you will not permit others to:

License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the website or make the platform available to any third party.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the website.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Arcane Studios or its affiliates, partners, suppliers or the licensors of the website.

Links to Other Websites

These Terms & Conditions apply only to the Services. The Services may contain links to other websites not operated or controlled by Arcane Studios. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us.

Please remember that when you use a link from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website's own rules and policies. Third parties may use their cookies or other methods to collect information about you.

Cookies

Arcane Studios uses "Cookies" to identify the areas of our website that you have visited. A cookie is a small piece of data stored on your computer or mobile device by your web browser.

We use cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable, or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously.

Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

Our Website

Arcane Studios reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

Arcane Studios may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the website. You agree that Arcane Studios has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

Indemnification

You agree to indemnify and hold Arcane Studios and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

Limitation of Liability

Notwithstanding any damages you might incur, the entire liability of Arcane Studios and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the preceding shall be limited to the amount paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall Arcane Studios or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Arcane Studios or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Arcane Studios on the Services, shall constitute the entire agreement between you and Arcane Studios concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Arcane Studios."'s" failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Arcane Studios AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Arcane Studios reserves the right, at its sole discretion, to modify or replace this Agreement at any time. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Arcane Studios.

Entire Agreement

The Agreement constitutes the entire agreement between you and Arcane Studios regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Arcane Studios.

You may be subject to additional terms and conditions that apply when you use or purchase other Arcane Studios services, which Arcane Studios will provide to you at the time of such use or purchase.

Updates to Our Terms

We may change our Services and policies, and we may need to make changes to these Terms so that they accurately reflect our Services and policies.

Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Intellectual Property

The website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Arcane Studios, its licensors or other providers of such material and are protected by Latvia and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Arcane Studios, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute EXCEPT IT DOESN'T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR Arcane Studios."'s" INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between you and Arcane Studios concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.

Notice of Dispute

In the event of a dispute, you or Arcane Studios must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to [email protected]

Arcane Studios will send any Notice of Dispute to you by email to your email address if we have it, or otherwise to your email address. You and Arcane Studios will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Arcane Studios may commence arbitration.

Binding Arbitration

If you and Arcane Studios don't resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury.

The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.

Submissions and Privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Arcane Studios without any compensation or credit to you whatsoever.

Arcane Studios and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

Promotions

Arcane Studios may, from time to time, include contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location.

You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.

Additional terms and conditions may apply to purchases of goods or services on or through the Services, which terms and conditions are made a part of this Agreement by this reference.

Typographical Errors

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price.

We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Arcane Studios.

Arcane Studios will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Arcane Studios operates and controls the Arcane Studios Service from its offices in Latvia. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Arcane Studios Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

These Terms & Conditions (which include and incorporate the Arcane Studios Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Arcane Studios concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.

Disclaimer

Arcane Studios is not responsible for any content, code or any other imprecision.
Arcane Studios does not provide warranties or guarantees.

In no event shall Arcane Studios be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. Arcane Studios reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.

The Arcane Studios Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Arcane Studios is a distributor and not a publisher of the content supplied by third parties; as such, Arcane Studios exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Arcane Studios Service.

Without limiting the foregoing, Arcane Studios specifically disclaims all warranties and representations in any content transmitted on or in connection with the Arcane Studios Service or on sites that may appear as links on the Arcane Studios Service, or in the products provided as a part of, or otherwise in connection with, the Arcane Studios Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights.

No oral advice or written information given by Arcane Studios or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Arcane Studios does not warrant that the Arcane Studios Service will be uninterrupted, uncorrupted, timely, or error-free.