These Terms of Service ("Terms") govern your use of our website and the bot development, hosting, and maintenance services we provide. By using our website, requesting a quote, or engaging us for a project, you agree to these Terms.

In these Terms, "we", "us", and "our" refer to ESIN (ABN 39690993558), trading as esin.gg. "You" and "the Client" refer to the person or organisation engaging our services. Nothing in these Terms removes or limits any rights you have under the Australian Consumer Law (ACL), which apply in addition to everything set out below.

1. Our services

We design, build, and (where requested) host and maintain custom bots for platforms including Discord and Telegram. Services may be delivered as source code for you to run yourself ("self-host") or hosted and maintained by us ("managed hosting"), as set out in your confirmed quote.

2. Using our website

Our website, including its content, code, and branding, is our property or used by us under licence. You may browse and use it to learn about and request our services. You agree not to misuse the website, attempt to disrupt it, or use it for any unlawful purpose.

The configurator and any prices shown on our website are provided for information and planning only.

3. Quotes, scope, and estimates

• The written quote we confirm with you by email is the complete scope and fixed price of your project. It defines exactly what will be built and for what cost.
• Any estimate generated by our configurator is indicative only and is not binding until we confirm a fixed quote by email.
• Anything not listed in the confirmed quote is outside the project scope. Additional features or changes requested after work begins are quoted separately as new line items at our standard rates. No additional work is undertaken, and no additional charge is incurred, without your prior written approval.

4. Pricing and payment

• No payment is taken at the configurator stage. We confirm a fixed quote by email before any work begins, and the price you confirm is the price you pay.
• Unless otherwise agreed in writing, builds are invoiced 50% on acceptance (to reserve your slot and commence work) and 50% on delivery. For larger projects, we are happy to agree a milestone schedule.
• The deposit reserves dedicated time in our schedule and covers work committed to your project. It is non-refundable once work has commenced. However, if we are unable to deliver, or we cancel the project from our side, the deposit is refunded in full.
• Final payment is due on delivery, prior to handover of source code or hosting access.
• All prices are in US Dollars (USD). You are responsible for any taxes, bank fees, or currency-conversion costs incurred on your side. We will always quote the full amount payable in advance.

5. Delivery and timelines

• Estimated timelines are good-faith estimates, not guarantees, and assume timely provision of information, access, and feedback from you. We keep you informed of progress and will notify you promptly if a timeline is likely to change.
• Where a project is delayed by information or approvals awaited from you, or by a third-party platform, the affected portion of the timeline is paused for that period.
• Priority or rush delivery, where purchased, prioritises your build in our queue and is delivered against a target date, but does not guarantee a fixed completion date where external factors apply.

6. Hosting and maintenance

• Self-host: you receive the source code and setup documentation and are thereafter solely responsible for running, hosting, and maintaining the bot.
• Managed hosting: billed monthly in advance. It covers keeping the bot online and resolving breakages caused by platform or API changes. It does not include new features, which are quoted separately.
• Managed hosting and care plans are recurring and continue until cancelled. You may cancel at any time with reasonable notice — there is no lock-in and no exit fee. Fees for the current paid period are non-refundable.
• If you move away from our managed hosting, we will provide your source code and reasonable assistance to migrate your data, so that you are not left dependent on us.
• We may use shared infrastructure (for example, a shared MongoDB cluster) across hosted clients to keep costs low. Your bot's data is held in its own logical database, and you may request a full export at any time.

7. Intellectual property

• On receipt of full payment, you own the custom code written specifically for your project, free and clear.
• We retain the right to reuse general-purpose components, prewritten modules, libraries, tools, and techniques across other projects. This reuse is part of how we keep our prices competitive.
• We will reference your project (name, logo, or a general description) as a portfolio item only with your prior consent. Otherwise, your project remains confidential.

8. Your responsibilities

• You will provide any required API keys, tokens, accounts, and access in a timely manner so that work can proceed.
• You are responsible for ensuring the bot's intended use complies with the Terms of Service and Developer Policies of Discord, Telegram, and any other relevant platform, and with applicable law. We will raise any concerns we identify.
• You are responsible for how the bot is used and configured once it has been delivered to you. We are glad to advise where helpful.

9. Warranties and your consumer rights

• Delivered work is covered by a 30-day fix guarantee: we will correct bugs within the agreed scope, at no charge, for 30 days after delivery. Issues outside the agreed scope, or arising from third-party platform changes, are billable, and we will always identify any chargeable work before undertaking it.
• Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms limits those rights. Where we are entitled to limit liability for a failure to comply with a consumer guarantee, our liability is limited (at our option) to resupplying the services or paying the cost of having them resupplied.
• Beyond the rights you have under the ACL, our services are otherwise provided "as is".

10. Liability

To the maximum extent permitted by law, and subject always to your rights under the Australian Consumer Law, we are not liable for any indirect, incidental, or consequential loss, including lost profits, loss of data, or downtime. Our total aggregate liability for any claim arising from a project is limited to the amount you paid us for that project.

11. Cancellation

• You may cancel a build at any time before delivery. In that case, you are liable only for the deposit and any work completed up to the point of cancellation.
• We reserve the right to decline or cancel any project that is illegal, abusive, in breach of platform rules, or otherwise outside what we are willing to build. Where we do so, any portion not yet commenced is refunded.

12. Privacy

We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth) and Australian Privacy Principles. By engaging us, you consent to our handling of personal information as described in that policy.

13. Changes to these Terms

We may update these Terms from time to time. The version that applies to your project is the version published at the time you confirmed your quote. Changes do not affect work already underway.

14. Governing law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales. Where you deal with us as a consumer, this does not affect any rights you have to bring proceedings in your local jurisdiction under applicable law.

15. General

• If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full effect.
• These Terms, together with your confirmed quote, form the entire agreement between us in relation to your project and supersede any prior discussions.
• We are not responsible for delays or failures caused by events beyond our reasonable control, including outages or changes by third-party platforms.
• You may not assign your agreement with us without our consent. We may not be substituted as provider without notifying you.

16. Contact

For any questions about these Terms or a project, contact us at sergey@esin.gg.