Terms and Conditions

<aside> ⏰ Last Update: November 8, 2024

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It is a necessary requirement for the acquisition of the products or services offered on this and all our websites that you read and accept the following Terms and Conditions expressed below. The use of our services as well as the purchase of our products will imply that you have read and accepted the present Terms and Conditions.

GENERAL PROVISIONS
1. Juan Daniel Rivera, hereinafter referred to as Juan Rivera & Associates, is a natural person who provides professional digital services;
2. For the purposes of understanding, Juan Rivera & Associates will be referred to as "The Advisor" and also as "JRA" hereafter;
3. This document will regulate legal aspects of the provision of services by The Advisor to their clients;
4. All administrators or moderators for whom The Advisor offers services, or persons who offer services on behalf of The Advisor (provided they are verified by The Advisor) act under joint responsibility, and therefore, will all be understood under the name of The Advisor (Juan Rivera & Associates). According to the above, Juan Daniel Rivera is not responsible for any damage or debt that other natural persons may cause or have with clients or third parties under the name of Juan Rivera & Associates;
5. 🔔 The client must join The Advisor's official server through the following link: https://discord.gg/xvpqrjTxU7 This is to ensure that the Client is aware of changes in product prices or changes to the present terms and conditions, as it is through this medium that notice will be given that such prices or terms and conditions have been changed. If the client refuses to join the aforementioned server, they tacitly accept all future changes to the present terms and conditions or to the prices of our products;
6. These Terms and Conditions are available in two languages, Spanish and English. However, in case of discrepancy between both versions, the Spanish Terms and Conditions will prevail.
SUPPORT RULES
1. FOR SERVER DEVELOPMENT AND REFORM SERVICES
  1. Regarding the support that The Advisor will provide to their clients for technical failures of channel permissions, sections, or roles; this only covers permission specification failures by the Advisor for the servers they develop. The Advisor is not responsible for technical problems arising from third-party bots or Discord's own technical issues. In such cases, the solution to these problems will depend on the third parties responsible for the bots as they constitute cases of force majeure;
  2. Support will be provided for a limited time, which will be specified for each type of server. The support time can be extended with an additional cost that will be established by The Advisor in each case;
  3. Support for questions about server usage will be valid while training on server use has not been provided or, failing that, for 5 days after the server has been developed;
2. IN THE MODERATION SERVICE
  1. The support that moderators provide to the client's server members includes only support regarding:
  Reports of users who have been victims of grievances or people who have witnessed users violating Discord community rules or the Client's own Server rules; 2. Everything that is not qualified as support in this section is not included in the moderation service;
3. IN THE ADMINISTRATION SERVICE
  1. The support that administrators provide to the client's server members includes only support regarding:
  Reports of users who have been victims of grievances or people who have witnessed users violating Discord community rules or the Client's own Server rules;
  
  Server bug reports - this excludes third-party bugs such as technical problems with bots or Discord itself;
  
  Problems with server permissions on the client side or the server itself regarding channels, roles and/or sections; 2. Everything that is not qualified as support in this section is not included in the administration service;
CHANGE OR MODIFICATION OF SERVICE OR PRODUCT PRICES

The Advisor reserves the right to modify the prices of services at any time, always announcing the change in the Advisor's official server and, if applicable, on the Official Website:

[Join the Juan Rivera & Associates Discord Server!](<https://discord.gg/xvpqrjTxU7>)

[Notion – The all-in-one workspace for your notes, tasks, wikis, and databases.](<https://jra.solutions/>)

ANTI-FRAUD VERIFICATION
1. The client's purchase may be delayed for anti-fraud verification. It may also be suspended for a longer period for a more rigorous investigation to prevent fraudulent transactions;
2. In case a payment is made without prior negotiation or request between the parties, The Advisor reserves the right to cancel the order and refund the client the amount paid minus the fee or commission charged by PayPal or any other similar platform, at the Advisor's discretion, for said refund;
EXEMPTION FROM ALL LIABILITY ARISING FROM A TECHNICAL FAILURE
1. The Advisor declines any responsibility in case of interruptions or malfunctioning of the services or content offered on the internet, whatever the cause. Likewise, The Advisor is not responsible for network outages, business losses as a result of these outages, temporary power outages, or any other type;
2. On the other hand, The Advisor does not guarantee that the services or content will not be interrupted or that they will be error-free, that defects will be corrected, or that the service or the server that makes it available will be free of viruses or other harmful components, notwithstanding that The Advisor makes its best efforts to avoid this type of incidents;
PAYMENT CONDITIONS AND RESPONSIBILITIES
1. Non-payment by the client to the Advisor for services provided will result in the Advisor taking legal measures against the client, without prejudice to the late payment interest of 10% on the value of the service for each month of delay in payment;
2. Late payment by the client regarding the Advisor's service will be regulated under the relevant rules in Private Law of the Republic of Honduras, without prejudice to the penalty clause contemplated in the previous paragraph;
3. By sending payments to the PayPal account of Juan Rivera & Associates (Juan Daniel Rivera Suazo), or any other payment processing platform such as but not limited to: AirTM, Payoneer, Stripe and others belonging to the aforementioned; you accept and declare that the funds used to make the payment through PayPal are of licit origin;
4. By sending payments to the PayPal account of Juan Rivera & Associates ([email protected]), or any other payment processing platform such as but not limited to: AirTM, Payoneer, Stripe and others belonging to Juan Rivera & Associates or Juan Daniel Rivera Suazo; you accept the purchase of a digital service, which will be delivered on the Discord social platform and this constitutes conclusive proof of the provision or delivery of the service, valid proof for the interested parties (client and seller);
5. Services are non-refundable after their delivery or fulfillment;
6. You agree that Juan Daniel Rivera Suazo (Juan Rivera & Associates) is exempt from claims via PayPal or any other payment processing platform such as but not limited to: AirTM, Payoneer, Stripe and others belonging to Juan Rivera & Associates or Juan Daniel Rivera Suazo; after delivering the service under the stipulated terms; except for the exceptions that these terms allow regarding refund or dissatisfaction policies;
7. If making partial payments of the total price of the service with prior approval from the Advisor, you must pay the remaining balance of the total price of the service owed upon completion of the service; failure to comply with this provision, that is, non-payment by the client of the remaining balance owed to the Advisor, will result in legal actions against the client and the application of late payment interest as stipulated in these terms;
PROVISION OF SERVICES
1. To enjoy any service from the Advisor, the client must transfer 50% of the total service price in advance or 100% of the total service price to the specified account or through the payment processor chosen by the Advisor, according to the Advisor's criteria for each case. At the end of the service period, the client must pay the remaining balance (50%) if only 50% of the total service price was initially paid;
2. Each service will be agreed upon with the Advisor in detail. The client must contact the Advisor through their official server to inquire about service prices, modalities, details, and other aspects to ensure availability. Once the service request is approved, the Advisor will send these Terms and Conditions to the Client for acceptance. If not accepted, the service cannot be provided. If accepted, the payment format will be sent for the agreed amount as per the previous clause, and the service will begin within the agreed term according to the availability of the Advisor or their collaborators;
3. In cases the Advisor deems appropriate, they may provide the service in advance and subsequently receive the total payment for the service; likewise, the Advisor may donate services when deemed appropriate;
4. CONDITIONS OF THE DISCORD SERVER DEVELOPMENT SERVICE
  1. The service does not include more channels, sections, or roles than those previously established, unless the Advisor deems it appropriate to provide them on a case-by-case basis;
  2. The service does not include moderation or administration by our team or staff after the server construction or development is completed (this is a service that can be acquired separately);
  3. If the client wishes to cancel the service, they must inform the Advisor at least 2 days before the cancellation. Depending on the time the service has been provided, the amount owed by the client for services already rendered will be calculated according to the formula mentioned in clause "e" of the eighth (8th) clause of these terms. If an advance payment was made, the paid amount will be refunded minus the total amount of the service provided resulting from the aforementioned formula and the commission charged by the transfer platform for the refund;
5. CONDITIONS OF THE DISCORD SERVER REFORM SERVICE
  1. The service consists of the Advisor reforming the server that the Client wishes or owns, using as a base or guide any of the servers we have as options (Servidor para Amigos, Servidor Vip para Comunidad or Servidor Pro para Comunidad). The Advisor can also reform the client's server in a completely customized manner, but this will have a higher cost than the prices of the pre-established servers;
  2. The service does not include moderation or administration by our team or staff after the construction or development of the server is completed (this is a service that can be acquired separately);
  3. If the client wishes to cancel the service, they must inform the Advisor at least 2 days before the cancellation. Depending on the time the service has been provided, the amount owed by the client for services already rendered will be calculated according to the formula mentioned in clause "e" of the eighth (8th) clause of these terms. If an advance payment was made, the paid amount will be refunded minus the total amount of the service provided resulting from the aforementioned formula and the commission charged by the transfer platform for the refund;
6. CONDITIONS OF THE DISCORD SERVER MODERATION SERVICE
  1. The Advisor reserves the right to review the availability of moderators to fulfill the requests made for this service; if there is no availability of moderators or their time, the Advisor reserves the right to cancel the order that has been made and to refund the money if total or partial payment has been made in advance under the rules established in the eighth (8th) clause of these terms;
  2. The Advisor reserves the right to provide the moderator they deem appropriate to the server or client requesting the services; likewise, the Advisor reserves the right to change a moderator already assigned to a service for another if it is convenient for the Advisor;
  3. In case the moderator is assigned to a server to provide the service, and they are absent from it and do not respond to the client's calls for 3 consecutive days without any excuse or permission, the client must report it immediately to the Advisor's official server: https://discord.gg/xvpqrjTxU7 within a maximum period of 2 days so that a replacement for the moderator can be sought or, failing that, the service can be cancelled and consequently the total or partial payment refunded if it has been made, according to the rules of the eighth (8th) clause of these terms, provided that reliable evidence of the absence is provided and the requirements established by the Advisor to request the cancellation of the service are met; if the moderator presents a valid excuse such as: medical or similar; or permission issued by the client, then there will be the possibility of replacing the moderator but not cancelling the service; likewise, if the client presents the report or notification of the moderator's disappearance after the deadline for doing so, they will not be able to request the cancellation of the service and only the replacement of the disappeared moderator will be possible.
  4. This service has a duration of one (1) month. If you wish to extend the service for another month, this will be done by communicating the desire for the extension to the Advisor through their official server at least 3 days before the service ends;
  5. If the client wishes to cancel the service, they must inform the Advisor at least 2 days before the cancellation, and depending on the time the service has been provided, the amount owed by the client for services already rendered will be calculated according to the formula mentioned in clause "e" of the eighth (8th) clause of these terms. If an advance payment was made, the paid amount will be refunded minus the total amount of the service provided resulting from the aforementioned formula and also the commission charged by the transfer platform for the refund;
7. CONDITIONS OF THE DISCORD SERVER ADMINISTRATION SERVICE
  1. The Advisor reserves the right to review the availability of administrators to fulfill the requests made for this service; if there is no availability of administrators or their time, the Advisor reserves the right to cancel the order that has been made and to refund the money if total or partial payment has been made in advance under the rules established in the eighth (8th) clause of these terms;
  2. The Advisor reserves the right to provide the administrator they deem appropriate to the server or client requesting the services; likewise, the Advisor reserves the right to change an administrator already assigned to a service for another if it is convenient for the Advisor;
  3. In case the administrator is assigned to a server to provide the service, and they are absent from it and do not respond to the client's calls for 3 consecutive days without any excuse or permission, the client must report it immediately to the Advisor's official server: https://discord.gg/xvpqrjTxU7 within a maximum period of 2 days so that a replacement for the administrator can be sought or, failing that, the service can be cancelled and consequently the total or partial payment refunded if it has been made, according to the rules of the eighth (8th) clause of these terms, provided that reliable evidence of the absence is provided and the requirements established by the Advisor to request the cancellation of the service are met; if the administrator presents a valid excuse such as: medical or similar; or permission issued by the client, then there will be the possibility of replacing the administrator but not cancelling the service; likewise, if the client presents the report or notification of the administrator's disappearance after the deadline for doing so, they will not be able to request the cancellation of the service and only the replacement of the disappeared administrator will be possible.
  4. This service has a duration of one (1) month. If you wish to extend the service for another month, this will be done by communicating the desire for the extension to the Advisor through their official server at least 3 days before the service ends;
  5. If the client wishes to cancel the service, they must inform the Advisor at least 2 days before the cancellation, and depending on the time the service has been provided, the amount owed by the client for services already rendered will be calculated according to the formula mentioned in clause "e" of the eighth (8th) clause of these terms. If an advance payment was made, the paid amount will be refunded minus the total amount of the service provided resulting from the aforementioned formula and also the commission charged by the transfer platform for the refund;
RULES FOR NON-COMPLIANCE WITH SERVICES DUE TO VARIOUS CAUSES AND REFUND POLICY
1. In the event that the Advisor cannot fulfill a service, and the service has not yet been processed, i.e., the service order has not yet been confirmed, the Advisor will inform the client of the impossibility of concluding the deal;
2. In the event that the service has been processed, and its provision has begun, but due to causes attributable to the Advisor, it cannot be completed, the service will be canceled and the total amount paid for the service will be refunded to the Client;
3. In the event that the service has been processed, and its provision has begun, but due to causes attributable to the Client, it cannot be completed, the service will be canceled and in this case, the total amount paid for the service will not be refunded to the Client;
4. In the event that the service has been processed, and its provision is intended to begin, but due to fortuitous causes or force majeure, it cannot be provided, the service will be terminated and the Client will be refunded what they have paid up to that moment for the service, minus the commissions that the transfer platform charges for their use, such as PayPal or similar;
5. The provision of the previous section (section d) is excepted for services that have already begun to be provided and have been in process for at least 3 days. In case the service has been provided for 3 days and a fortuitous event or force majeure arises that makes it impossible to fulfill the rest of the service, the value of the time worked will be calculated in relation to the total price of the service and the amount paid up to that moment for the service will be returned to the client minus the amount for the time worked and the commissions for transfer from PayPal or any other payment processing platform such as, but not limited to: AirTM, Payoneer, Stripe and others;
The formula to obtain the amount for the time worked is as follows: 1. Service price/30 or the time it will take to perform the service = Service Price per Day or hours if applicable; 2. Service price per day or hours * time worked = Amount for time worked;
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 For example:
 
 In the case of the 1-month moderation service, if a moderator works 12 days of the month, but after those 12 days a fortuitous event or force majeure occurs that makes it impossible to provide the rest of the service, we proceed as follows: the price of the service is divided by the number of days of the month worked or, failing that, 30, ($10/30) giving a total of 0.33 cents of service cost **per day**, therefore, the **cost per day** is multiplied by **the number of days worked** ($0.33 * 12) giving a total of $3.96. This amount, therefore, was worked, and in the case we are analyzing, the client will be refunded what they have paid up to that moment for the services minus the value of the amount worked and the commission for the use of monetary transfer platforms such as PayPal or any other payment processing platform such as, but not limited to: AirTM, Payoneer, Stripe and others;
```
1. If a refund of the total amount paid for a service is requested, it must be justified by a dissatisfaction and have presented reliable evidence that proves the reason for the dissatisfaction, in addition to justifying the dissatisfaction in one of the following reasons:
  1. Serious failure in the services provided (technical failures on the part of the Advisor when providing the services and never having been corrected despite having been notified by the Client);
  2. Lack of quality in the services provided (the service not having been provided carefully, not attending to the needs that the Client requested in each case, and providing moderation or administration services without adhering to the moderation and Discord community rules);
  In any case, the Advisor will verify the veracity of the client's dissatisfaction, and depending on this and its justification, will decide whether to provide the refund or not; likewise, the Advisor reserves the right to provide a total or partial refund as deemed appropriate for each case.
  
  If the refund proceeds in any case that the Advisor deems appropriate, it will be sent through PayPal or any other payment processing platform such as, but not limited to: AirTM, Payoneer, Stripe and others, minus the commissions that the platform charges for the transfer.
CONFLICT RESOLUTION, JUDICIAL ASPECTS AND DISSATISFACTION FORMS
1. Any other conflict arising from the obligation will be regulated under the relevant laws of the Republic of Honduras;
2. In case a conflict arises that, having exhausted the complaint or dissatisfaction processes contemplated in these terms, and the Conciliation route, is not resolved, it may be brought before the corresponding courts of justice in the city of Tegucigalpa, department of Francisco Morazán, Republic of Honduras; conflicts of any kind will not be accepted to be brought before other courts that are not those of the aforementioned location;
3. PROCESS FOR SUBMITTING COMPLAINTS OR DISSATISFACTION FORMS
  1. In case the Client feels dissatisfied with the services provided, whatever they may be, they must fill out a dissatisfaction form depending on the service. Here is a link to the corresponding form: Formulario de Inconformidad;
  2. Once the form is filled out and sent, our team will respond within 48 hours. If it takes longer, please communicate this immediately to the Advisor's official server:
    
    Join the Juan Rivera & Associates Discord Server!
  3. In the event that the Dissatisfaction Form is analyzed by our team and it is deemed that evidence or means of proof should be provided and the client is notified as such, but the client does not provide evidence or if they provide evidence that is not reliable or is deficient, the process will be declared inadmissible and this will be made known to the Client so that they can reformulate their Form and thus analyze the case once again. An exception will be made to this precept when the reasons provided in the form are sufficient argument for the dissatisfaction, but this will be determined by the Advisor in any case;
  4. The action to submit claims or dissatisfaction forms in the manner stipulated for this purpose expires (lapses) 3 days after the circumstance that caused the dissatisfaction occurred or after the service was provided. Any prescribed claim or form will be immediately discarded and will have no legal effect whatsoever;
INTELLECTUAL PROPERTY RIGHTS AND RELATED RIGHTS
1. The Judicial System ©️ mentioned in the Servidor Pro para Comunidad service is the intellectual property of Juan Daniel Rivera. Total or partial copying or misrepresentation of such system constitutes liability and will give rise to legal actions by the Advisor against the infringer;
2. The graphic and/or textual elements, channel arrangement, role names, section names, and everything that the Advisor creates as part of the server development and/or reform service or any other service, is the intellectual property of Juan Daniel Rivera. Therefore, copying such material without the supervision or express permission of the Advisor will result in liability against the infringer and will give rise to legal actions by the Advisor against the infringer. Roles, channels, sections, and any other graphic and/or textual material developed in a personalized manner for each server by the Advisor are exempt from this provision; in such cases, that material will be the property of the server owner;
SECURE HANDLING OF CLIENT'S PERSONAL INFORMATION
1. This and all our websites guarantee that if you submit your personal information, it has the necessary security. If user-entered data is required or if order validation is needed, it will not be given to third parties, unless it must be disclosed in compliance with a court order or legal requirements;
LEGAL REGIME FOR COLLABORATORS OF JUAN RIVERA & ASSOCIATES
1. GENERAL PROVISIONS
  1. The provisions, Terms and Conditions stipulated in this twelfth (12th) clause are exclusively applicable to the Collaborators of Juan Rivera & Associates.
  2. Collaborators of Juan Rivera & Associates are understood to be all natural persons who state that in the full enjoyment of their civil rights and mental faculties, being of legal age in their country of residence, freely and spontaneously decide to collaborate with Juan Daniel Rivera in the development of his professional services;
  3. The Advisor's Collaborators do not work under the subordination of Juan Daniel Rivera and manage their own collaboration schedules, that is, they will provide their services based on the availability of their schedules and under their own will;
  4. Collaborators are not entitled to a fixed monthly salary or stipend. In the event that they, of their own volition and based on the availability of their schedules, develop or collaborate in the development of a service under the Advisor's denomination, they will then be entitled to a percentage of the payment made for that service to the Advisor. The percentage to which Collaborators can access under the circumstances established in this paragraph will be set by the Advisor in a Table that will be shown to the Collaborator before they decide to become part of Juan Rivera & Associates' collaborators. The Advisor reserves the right to modify this Table at any time without liability on their part, as long as they notify the Collaborators of the changes, in which case, if they continue providing their services after being notified of the modifications, it will be understood as a tacit acceptance of said changes;
  5. Although Collaborators provide their services voluntarily to the Advisor, the latter fully reserves the right to decide which collaborators to accept to collaborate in their services, being able in such case to apply questionnaires or interviews to determine their technical and ethical suitability and others; being able, in case a Collaborator is already providing their services, to dispense with these at any time by notifying the collaborator in such case with 3 days notice;
  6. In this order, the Advisor also reserves the right to establish a hierarchy in which the Collaborators will develop their activities, being able to designate titles to them such as, but not limited to:
    1. Major Partner
    2. Minor Partner
    3. Developer
    4. Administrator
    5. Moderator
    6. Jr Advisor
    In that hierarchical order.
    
    These titles will be assigned to the Collaborators by the Advisor at their full discretion, being able to take as a basis for assigning them, the length of service and the performance of the Collaborators; depending on the title that each Collaborator holds and according to their hierarchical level, the percentage of commission they receive for the development or collaboration in the development of a service under the terms established in paragraph iv of section a of the 12th clause, will be higher, which will be defined in the Table described in the aforementioned paragraph.
  7. Collaborators must respect and be guided at all times in providing their services by the JRA Function Manual and Procedures Manual to always ensure excellent service and within the parameters of the business. The Advisor reserves the right to modify these manuals for the convenience of the business at any time without liability on their part as long as they notify the Collaborators that changes have been made to them;
2. CLIENT PORTFOLIO
  1. Collaborators who carry out collaborative activities with the Advisor, who through the performance of their activities or by mere knowledge by virtue of access to the Advisor's databases, know the Advisor's clients, completely and indefinitely renounce once their collaboration link with Juan Rivera & Associates has ended, any type of direct or indirect contact, direct or indirect recruitment or negotiation with said clients, with or without business purposes; said clients are within the spheres of the Advisor and any type of contact by former collaborators of Juan Rivera & Associates in the terms previously stated will be considered a contractual breach giving rise to the compensation that corresponds by law;
3. CONFIDENTIALITY (NDA)
  1. Collaborators, once they begin to provide their services with the Advisor, commit, even if they cease to collaborate with the Advisor, to maintain complete confidentiality of the data, clients, services, processes, terms, applications, bots, channels, messages, codes, IDs, servers, communications, roles, and any other analogous or non-analogous information that has a direct or indirect relationship with the Advisor and the performance of their services, under penalty of the exercise by the Advisor of the actions that correspond by law against the infringing Collaborator;
4. NON-COMPETITION
  1. Collaborators inescapably commit that if in a given case they cease to provide their services together with the Advisor, they may not constitute, found, undertake, or implement directly or indirectly a company or business that aims to provide or advise with or without profit motive on the same services that the Advisor provides, under penalty of the exercise by the Advisor of the actions that correspond by law against the infringing ex-collaborator; this in order to avoid anti-competitive practices or unfair competition;
5. UNILATERAL TERMINATION OF THE COLLABORATION RELATIONSHIP
  1. Either party (both the Advisor and the Collaborator) may at any time terminate their relationship with prior notice of at least 3 days in advance, unless the Collaborator is providing a moderation or administration service (which normally takes place for periods of 1 month), in which case, the Collaborator must complete said service without being able to unilaterally terminate the relationship on their part under penalty of compensating the Advisor by paying the price of the full service they are providing, without prejudice to the other actions that correspond by law;
6. DISPUTE RESOLUTION
  1. In the event that a dispute arises between the Collaborator and the Advisor that derives directly or indirectly from the development of their activities to provide professional services, it will be governed by the provisions of the ninth (9th) clause, sections a and b;
LEGAL REGIME FOR THE USE OF THE DISCORD BOT "JUAN RIVERA & ASSOCIATES"
FINAL PROVISIONS