- Last revision date: January 25th, 2024
0. Prologue & Definitions
These Terms of Service ("Terms") defines your rights to and use of the Freelacing Services (Xaeky's Freelacing Services, the Services). By using the services, you understand and agree to this revision of these terms.
- Terms, the Terms of Freelancing Service, this document.
- Xaeky, the nickname of the person/team who's responsible to performance of service. Pronouns are
he/him
and/orthey/them
. - You, client/customer/company who is contracting or has contracted our services. This term can be an external too.
1. Service
Once you contact us to provide you with our services, you agree we collect the data you share with us, including but not limited to: first name, maiden name, last name, nickname, email addresses, mailing addresses, business email, business phone number, social media links, and other similar data. See Section 7 ("Privacy") for more information.
- You confirm you are at least 18 years old and have the right to contract third-party services.
- We have the right to reject your order if we found that violates our terms of service, or we cannot cover your project, or for any legal reason.
- We only show the official pricing in USD (United States Dollars).
Payment
To effectuate a service contract, you will be asked to pay with the following third-party services if applicable:
- PayPal, for international contracts.
- MercadoPago / CVU, for Argentina contracts.
Keep in mind
- We are not responsible for the retention or safety of your billing information that is collected by the third-party service.
- You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
- We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.
- For international contracts, PayPal charge us 0,30 USD and 5,4% of the payment that you send (tips and small additional payments must be sent at the same time you pay the commission), e.g. in order to have to pay $150, you'll have to add $8.88 to the transaction to cover the PayPal fees.
Multiple-installments / fees
In order to request a half-payment plan, you'll be asked to supply the following information if applicable:
- For international contracts: Email address and full legal name.
- For Argentina contracts: Email address, full legal name, and federal ID Card Number.
2. Cancellation
We don't offer cancellations after payment is performed, but we may cancel your order in special cases such as fraud or illegal transactions. You won't be able to request a refund after you perform the payment unless it's a special case, see Section 3 ("Refunds"). You may cancel your order by contacting us prior to the performance of service. Keep in mind, by canceling your order you won't be able to contract our services for 14 days.
3. Refunds
We will offer refunds only before on special cases like unauthorized or illegal transactions, or attempts of fraud. Once you request a refund and specified that is a special case, we have to start an investigation into the transaction, we'll use your personal information as well as your full legal name, and we'll try to contact the payment processor of the situation. You'll be notified once your refund was accepted or declined.
Once your request was accepted, we'll process the refund and the result should be reflected in a period not longer than 72 hours. In case the result doesn't reflect in said period, please contact us.
4. Governing Law
These Terms shall be governed and construed in accordance with the laws of Argentina, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in Buenos Aires, Argentina.
5. Changes
We reserve the right to amend this policy at any time without any prior notice to you. In case you're still using our services we will try to notify you about the changes. Minor changes (e.g. typo corrections) won't be notified, but major changes (e.g. new sections or big modifications to sections) will be notified.
6. Copyright
We respect the intellectual property of others and expect our customers to do the same. If you believe someone is infringing your intellectual property rights, let us know via the procedure below. We’ll process and investigate your notice in compliance with the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Please contact us at [email protected] (subject line “DMCA Takedown Request”). Your notice must include:
- A description of the work you think has been infringed;
- A description of where the material you think is infringing is located on our services (detailed enough so that we can find it, including identifiers like website page links);
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law, and that the information in your notice is accurate;
- A statement, made under penalty of perjury, that you are the copyright or intellectual property owner, or authorized to act on the copyright or intellectual property owner’s behalf;
- Your name and contact information so you can be reached including mailing address, telephone number, and/or email address;
- Your physical or electronic signature.
There are legal and financial consequences for fraudulent or bad faith submissions. Please confirm that you are the rights holder, or have the authority to act on the rights holder’s behalf, and that you understand the repercussions of submitting a false claim.
7. Privacy
We value your information and we won't disclose it. However, personal information may be disclosed to law enforcement if it's requested or for special cases (e.g. identity fraud or illegal transactions). We'll try to keep your information isolated from our system and store it in an offline storage server. Keep in mind the Internet isn't fully secure and private data might leak, we'll be notified if a data breach has occurred and we'll try to remove the private information as soon as possible from the storage server. You will be notified if should such a situation arises.
8. Contacting each other
If you have any questions about these terms, please contact us at [email protected]. We may send you electronic communications related to our services.