Merchant Agreement

Jan 6, 2020
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.


    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.


    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.


    If a deadline is failed, but the waiting party continues with the deal afterwards, the deadline is dismissed, and they are no longer entitled a refund or compensation for that deadline having been missed. If either party wishes to continue the deal with a new deadline, the new one must be mutually agreed upon. If the receiver indicates that they are satisfied with the product, the deadline is dismissed. Any bugs found or maintenance required after the fact are not bound by that deadline. If no deadline is in effect, a week of delays is provided in addition to the time required to complete the necessary tasks. If one party’s ability to satisfy their responsibilities is delayed by another transaction participant, the one doing the delaying assumes responsibility for that lost time.


    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.


    If the involved parties are unable to resolve an agreement themselves, and MC-Market staff support is sought, each party is responsible for cooperating with, communicating the truth to, and satisfying the demands of the staff member(s) assigned to resolve the dispute. Neither party can deny another the right to seek support from MC-Market’s staff team. This is the case for all transactions with our site’s members, regardless of what platform the transaction was initiated and held on, or whether they occurred before or after either party created an account on this platform. During the duration of the dispute, each party is able and encouraged to communicate directly and seek an alternative mutually agreeable resolution.


    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.


    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.


    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.


    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.


    The purchaser of a resource receives two licenses. One is a download license viewable on our platform, and this can be revoked at any time by the seller. The other is a usage license, and this is both intangible and irrevocable unless a refund is provided or the product was redistributed without authorization from the resource author and the required compensation has not been provided. Delivery time for a resource download is not guaranteed to be immediate. Resource versions are not guaranteed to be bug free, but fixes for those bugs or a refund are guaranteed.


    If a product is not fully exclusive, then it is non-exclusive. Semi-exclusive, partially-exclusive, and similar are merely another way of saying "non-exclusive". Products sold exclusively are unique in that they are sold along with all rights to the product. Once the transaction is complete, the receiver is the only one with any usage rights, redistribution rights, or ownership rights (rights to give, revoke, or transfer rights to others). Products sold non-exclusively are sold only with usage rights, unless otherwise specified. Products which were commissioned specifically are sold exclusively to the receiver unless otherwise specified. Assets to exclusive products of which copies can be made and accessed independently from one another are provided non-exclusively unless otherwise specified. If multiple parties have ownership rights over the product, they are unable to revoke rights from one another unless a higher priority of rights was agreed upon by the involved parties. Usage rights cannot be revoked unless terms of use were violated, or a refund is provided.


    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. If the risks are communicated to the receiver, but the provider dismisses them by claiming the product is "secure", then the provider forfeits exemption from responsibility for the product’s security.


    Any party who has not received a product or service from the other can withdraw from the transaction at any point during the transaction for any reason and not be expected to compensate for lost time. Withdrawing means a complete reversal of all transacted products, funds, licenses and rights by all participants. Once a participant has received a product/service from the transaction, they are only entitled the right to withdraw from and reverse the transaction if another party has failed their responsibilities. Partial reversals are possible where mutually agreed upon. If the transaction was for a service, and the service cannot be reversed, then only compensation for the percentage of the service complete is owed to the provider.

    Enforcement and Exceptions

    All terms of agreement between two users will be respected and enforced by MC-Market, with the following exceptions:
    - Terms which were agreed to without having been observed.
    - Terms which allow one side of the party to modify the terms of agreement without the other party being made aware of and agreeing to the modifications.
    - Terms which allow one side of the party unreasonable or abusable discretion over undefined aspects of the agreement.
    - Terms which would compel either party to engage in illegal or rule/TOS violating behavior.
    - Terms which would disallow either party from validly accessing or utilizing MC-Market’s tools and systems.​

    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​
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