Agreement

This commission agreement (the "Agreement") is entered into by SetAsync and any affiliated developers [Party A] and the user requesting a commission.[Party B] 

1. Agreement:

• A - This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

• B - Neither party may "cancel" the Agreement without mutual consent, except as provided in this Agreement. If both parties have read the Agreement and indicated no objections, the Agreement will be in force and binding.

• C - In the event of a dispute arising out of or related to this Agreement, the parties will use their best efforts to resolve the dispute through good faith negotiations.

• D - This agreement supersedes any other official or verbal "other agreement" made unless this clause has been specifically quoted in the "other agreement", which both parties have confirmed.

• E - In the event of a conflict, both Parties agree that this agreement is not perfect and any excuse which is an obvious loophole to this agreement will be ignored. This discretion will go to the investigating entity.

• F - Party A has the right to modify this agreement in any way without consent, provided the user is given notice. This notice will constitute of a message in "tos-update" on the Discord Server. (discord.setasync.me)

• G - When the agreement is modified, Party B is granted a non-transferable non-renewable and exclusive right to exit this agreement, they may only use this right for 24H from the notice mentioned in 1F.

• H - Any deadlines affirmed by Party A are not an official promise binding or controlling this agreement, if a deadline is missed no part of this agreement is changed.

1. Cancellation

• A - Party B relinquishes any and all rights they have to compensation, action and prosecution surrounding any “Cancellation” triggered and permitted by this agreement.

• B - Party B relinquishes any and all rights they have to compensation, action and prosecution surrounding anything which is permitted by or mentioned inside this agreement as allowed.

• C - Party B acknowledges Party A has the right to cancel this agreement for any reason without notice, and they willingly relinquish any rights they have to compensation, action and prosecution surrounding this cancellation.

• D - Party B understands and admits that they are happy with these terms, and at the time of signing this agreement would not have any issue with relinquishing these rights.

• E - Party B acknowledges Party A has a busy commission schedule, and because of this understands all services come with the risk of violating "Time Wasting", they therefor allow Party A to cancel at any time and explicitly admit the deal is a "tral."

2. Payment:

• A - The payment for the commission, as agreed upon prior to this Agreement, shall remain unchanged. Any modifications to the payment require mutual consent from both parties.

• B - The total price for the commission shall be determined before the finalization of this Agreement. Payment may be divided into agreed-upon installments.

• C - Party B shall only receive the completed work product upon full payment. If the full payment is not received, Party A retains all rights to the product, irrespective of any partial payments made by Party B.

• D - Upon completion of the product, Party A will request full payment if not already received. If Party B has concerns about the product, they may communicate them. Party A may voluntarily address these concerns. However, if the product meets the original agreement, no additional work is required, and payment remains due.

• E - In any instance where agreed funds are retracted or become unavailable, Party B must provide equivalent funds. Failure to do so grants Party A the rights to the work product, and Party B is considered in violation of this agreement and HD guideline 2.2.1.

3. Physical Models:

• A -The requesting party must give an accurate and complete description of the model that is being requested to be created. No changes may be made to this description unless mutually agreed upon.

• B - If the product is not as expected, but the product matches the requested description, no refund is required and no additional work is guaranteed.

• C - If Party A determines that the requested work is beyond their capability or expertise, they have the right to terminate the agreement and return any payments received.

• D - Unless otherwise specified by Party A, the burden of installation of any products created may not be forced upon Party A, party A may voluntarily agree to assist with installation - however they are not bound by this.

4. Benefits:

• A - Any benefits provided with your commission are "as is" and without warranty.

• B - This contract does not include your benefits, and neither does the commission.

• C - Whilst your benefits are not under warranty, you do not have ownership of them. You have been allowed to use the benefits and may not reproduce, share, claim as your own or otherwise distribute them. This includes any other violation which would apply to a service / product in this contract.

5. Ownership:

• A - Once a commission has been completed, Party A will send the files to Party B and delete them if requested to.

• B - Party B may use the files in any way that influences an account or virtual instance of their own ownership, provided that they alert Party A of any intention to redistribute the work or claim it as their own prior to an agreement.

• C - Party B must not share the files with any other Party except if explicitly allowed by Party A.

• D - Unless Party B indicates an objection, Party A shall retain the copyright of the work product and retain the right to use the work product for any purpose included and not limited to: their own portfolio and promotions, any future projects. This right is not exclusive to Party A, and Party A may refund, redistribute, and transfer this right.

6. Liability:

• A - Party B is responsible for their commission and funds, regardless of which group/entity they are acting for. This includes payment and other responsibilities.

• B - Party A shall not be liable for any indirect, incidental, consequential, or special damages arising out of or related to this Agreement.

7. Inferred Packages:

• A - Party B may provide a list of tasks or requirements they'd like Party A to complete as part of the commission. Party A will evaluate these tasks on a per-task basis and may choose to accept or reject each task individually.

• B - Party A is not obligated to complete tasks that were not explicitly agreed upon in the initial commission agreement. Party B should not expect Party A to perform additional tasks without a separate agreement, which may involve additional compensation.

• C - Any additional tasks accepted by Party A will be considered separate from the original commission agreement and may require separate payment and scheduling.

8. Cancellation / Refunds

• A - Any and all refunds are subject to the Refund Agreement / Cancellation Procedure, also visible on this page.

9. Commission Demonstration

• • • A - If Party B requires non-scripting tasks, such as UI design or building, to be undertaken as part of the commission, Party A may offer to fulfill these responsibilities. It is understood and agreed by Party B that any such contributions by Party A are intended solely for demonstrative purposes. Party B acknowledges that payment shall not be withheld based on subjective artistic opinions regarding this non-scripting work.

Section A: Refund Procedures and Conditions

General Refund Entitlement:

• This policy does not automatically entitle Party B to a refund but establishes the procedures and conditions for any refunds permitted by the commission agreement.

Breach Exclusion:

• In the event of a willful breach committed by Party B, a refund shall not be required under any circumstances.

Partial Invoice Refunds:

• If an invoice contains multiple items, and Party B requests a refund, completed items will be delivered, and a refund will not be issued for those items.

Accepted Refund Methods:

• Party A may provide refunds through the following methods: PayPal, CashApp, UK Bank Transfer, Wire, or Western Union. If Party B is unable to accept payment/refund in the chosen method, Party A is not obligated to switch methods, and the burden is on Party B to facilitate the required payment method.

Section B: Circumstances Exempt from Refund

Breach of Agreement:

• A refund is not required if Party B breaches any terms outlined in the commission agreement.

Malicious Behavior:

• A refund is not required in cases of malicious behavior by Party B, whether intentional or not, including but not limited to leaking files or any actions that harm Party A.

Abusive/Rude Behavior:

• A refund is not required if Party B engages in abusive, rude behavior, harassment, or displays any other anti-social behavior toward Party A.

Additional Provisions:

Cancellation and Work Product:

• If a refund is not provided for any of the aforementioned reasons, the agreement is still considered canceled, and Party A is not obligated to deliver any work product.

Benefit from Refunded Work Product:

• Party B may not benefit from any work product created by Party A that has been refunded. In such cases, Party B is prohibited from using, distributing, or otherwise exploiting any refunded work product.