Merchant Agreement - Historical

Applied By Justis R: Sep 5, 2019 at 9:25 PM

Merchant Agreement

Merchant Agreement
NOTICE - This is a draft. Contents are not official writings.
When a transaction between members of our platform deteriorates into a dispute and requires involvement by our staff team to resolve, our role is no more or less than to enforce that each participant of the transaction upholds their responsibilities.

However, these disputes most often occur as a result of miscommunication, rather than malicious intent, and so it is in fact a lack of mutual understanding regarding the responsibilities that each participant is bound by which causes deals to fall through.

Even if a full list of responsibilities isn't verbally discussed, many must fall on either one party or the other. This Merchant Agreement was created to outline the responsibilities that each transacting party will be bound to if they fail to communicate and agree upon a differently assigned set of responsibilities for MC-Market to enforce.

Publicly outlining these responsibilities ensures that the staff team’s enforcement of a transaction is both reliable and transparent. We would like for every participant in a transaction to engage only while fully aware of what to expect from their transaction partner(s), and what will be expected of them in return.

These responsibilities were decided upon with the best interests of the entire community in mind, as well as what is most commonly assumed by the majority of transaction participants where communication was not used to verify that those assumptions were mutual. These responsibilities may not necessarily always be what’s most desired by you and your transacting partner(s), so it is strongly encouraged that you communicate with them and ensure that everyone’s both on the same page, and satisfied with the arrangement.

Any responsibilities mutually agreed upon within the context of a transaction which conflict with what’s written here will always take precedence for that transaction.

Compatibility

The provider of the product is responsible for ensuring that it is compatible with the product receiver’s platform. Any information the provider needs to ensure that they can deliver a compatible product is the provider’s responsibility to ask for. (e.g java version, server software, server version, etc) If there are any limitations to the product’s compatibility, that needs to be made known to the receiver prior to the transaction’s initiation. If there are no limitations made known to the receiver by the provider, then the receiver should be able to assume, that it will work for them.

Security

If the receiver loses their functioning product due to a security risk which existed prior to receiving the product, and which was not communicated to them by the provider prior to the transaction, the provider is held responsible. If the provider communicates all of the security risks prior to transaction, and the receiver accepts the product regardless, then the receiver accepts responsibility for the product’s security where those risks are concerned. If one of those risks causes the receiver to lose their product after having received it, the provider will not be held responsible.

Ownership

The provider is responsible for ensuring that they have ownership of whatever item it is that they’re offering. Cracked or stolen content, in part or in full, will never be permitted under any circumstances. It matters not how many times the product has traded hands since it was stolen, nor how long it has been since it was stolen, nor how much the product has changed. If a provider knowingly or unknowingly transacts a product that they did not own full rights to transact, then they owe the receiver of that item a full refund or equal compensation.

Licenses
If a receiver of a usage license is not explicitly given permission to redistribute the product or re-sell their usage license, then the license is non-transferrable, and the receiver maintains full responsibility over all of their downloads. If one of the receiver’s copies enters the hands of a person who does not have a usage license, compensation worth one license sale per unlicensed person that obtains the copy is owed to the owner of the product.

Fixes
If there are any bugs with the provided product, so that it does not function as described, or functions in a way which is clearly incorrect, the receiver is entitled a fix for the product. If the provider has revoked the receiver’s download license for the product, the receiver is still entitled these fixes. If not provided via official channels, they must be provided privately, or a refund is required.

Resources

The purchaser of a resource receives two licenses. One is a download license, and this can be revoked at any time by the seller. The other is a usage license, and this is irrevocable unless a refund is provided or the product was redistributed without right and the required compensation has not been provided.

Dependencies

The provider of a product is responsible for informing the receiver of every dependency which their product requires, that the receiver could potentially be lacking. This needs to be communicated prior to the transaction’s initiation. A dependency could be public software, paid software, a website that must be online, an externally hosted file that needs to be public, a HWID / other activation key, or any other form of prerequisite or requirement in order for the product to function.

Deadlines

If a deadline is failed, but the waiting party proceeds with the deal afterwards, the deadline is dismissed, and they are no longer entitled a refund or compensation for it having been missed. If either party wishes to continue the deal with a new deadline, the new one must be mutually agreed upon. If no deadline is in effect, a week of delays is provided in addition to the time required to complete the necessary tasks.

Payments

Participants making payments are not responsible for covering the transaction fees applied by whichever payment processor the participants decide to use. When a price is agreed upon, that money figure is what is sent, not necessarily what is received. Moreover, the person making the payment is responsible ensuring that their banking accounts are secure, and unauthorized chargebacks will not be filed.
If a chargeback is made without permission from the holder of the funds, and it is determined that the charged back funds need to be returned, any chargeback fees imposed upon the recipient of the chargeback must also be compensated.

Aid

If a participant of the transaction loses or does not receive their due return, even if it is at no failure of the other participant(s), if they are available, they will take whatever reasonable actions are accessible to them to recover what was lost or unsuccessfully delivered, and deliver it to its intended recipient. Reasonable actions include but are not limited to: Charging back a payment and re-sending it to the necessary location. Providing another downloadable copy of a product. Contacting relevant support services accessible only to them, in request of assistance.​


If one party is failing to uphold their responsibilities, the other party is no longer required to go through with the transaction. They have the right to insist on a reversal of all assets back to their original owners.

Stay safe, deal on site, and respect your fellow merchants.
Your MC-Market staff team​