This document presumes you have read the Terms of Service. These Dispute Rules form part of the Terms of Service and use the same defined terms. If thereâs any inconsistency between these Rules and the Terms of Service, the Terms of Service prevail.
Arty aims to resolve disputes fairly and promptly, but we are under no obligation to mediate, investigate, or resolve any dispute. We may, in our sole discretion, determine whether and how to proceed, and may close any dispute without action. Your compliance with these Rules materially affects the outcome.
All disputes will be recorded. Information you provide (and information we collect in connection with the dispute) may be shared with the party you are disputing and with third parties who provide dispute resolution or related services to Arty, including payment processors, banks, card networks, law enforcement, and regulators, as we deem appropriate. You consent to our collection, use, and disclosure of information for these purposes.
As a client (commissioner) you cannot dispute a commission that you have reviewed, accepted, or downloaded (downloading constitutes acceptance). If an artist has submitted a commission for you to review, but it does not meet the commission specifications, DO NOT accept the commission. You may dispute a commission before the completion date, or within 14 days after the completion date has lapsed. After that period, the transaction is final.
Filing a dispute with Arty should be seen as a âlast effortâ to resolve an issue. You must make and document reasonable attempts to resolve the dispute amicably with the other party before filing a dispute with Arty and provide evidence of those attempts upon request. Incomplete or unsupported disputes may be rejected.
When submitting a dispute, you will be asked to provide the payment date and other information regarding the commission, and any additional information we request, which will be used to validate your claim. The burden of proof rests with the party filing the dispute. You authorise Arty to access and review relevant onâplatform records and communications for the purpose of assessing the dispute.
Once a dispute has been filed it will be reviewed by Arty to ensure validity. Arty will rely on Eâmail exclusively to interact with parties during the resolution process. At any point after a dispute has been filed, Arty may freeze part of, or all, the disputed funds and/or related funds, place a reserve on your account, delay or withhold current or future payouts, reverse transactions, or set off amounts owed, for up to 180 days, or longer where required by law, payment networks, or our risk assessment.
Failure to promptly respond to requests made by Arty during the dispute process may result in an unfavourable resolution. If you do not respond within the timeframe specified in our request (typically 5 business days), we may proceed to resolve or close the dispute based on the information available.
Arty may request identity, account, or ownership verification and additional documentation from any party. Failure to complete verification to our satisfaction may result in an unfavourable resolution or closure of the dispute.
Arty cannot provide an exact period to resolve a dispute.
The result of a dispute is final and binding, and the applicable commission cannot be reâdisputed or appealed. Each transaction may be the subject of at most one dispute.
By using Arty, you authorise Arty to implement any dispute resolution by issuing refunds, credits, reversals, or adjustments and by instructing payment processors to do the same. Arty may deduct, withhold, or set off any amounts owed (including fees and costs) from funds held for you or from your future payouts.
If the resolution involves refunding a portion, or all, of a transaction, Arty may charge fees and costs (including processor and chargeback fees) to cover the cost to Arty. At a minimum, a fee of $2 AUD + 5% of the refunded amount applies. Fees are nonârefundable and may be allocated to either party at Artyâs discretion.
For example only, a dispute that resolves in favour of the client who had transacted $100 AUD through Arty (approximately $70 USD) could result in a refund of $93.10 AUD (approximately $65 USD). Refunds may be processed via the same method of purchase or an alternate means such as Wise. Thirdâparty service providers may charge fees that will not be reimbursed by Arty. Exchange rates, crossâborder fees, and processing times are outside Artyâs control.
Arty may, but is not obligated to, refund or waive any fixed fees in extraordinary cases. Any such decision is at Artyâs sole discretion.
Please be aware that we may change these Dispute Rules in the future. We may modify these Rules at any time, in our sole discretion, without notice, and all modifications will be effective immediately upon posting on our website. Your continued use of the Service after changes take effect constitutes your acceptance of the modified Rules. Please check back from time to time to review our Dispute Rules.