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Tistalents’ Payment Terms
- Disputes and Cancellations
The following phrases (these “Payment Terms”) govern funds you make or obtain by way of www.tistalents.com (the “Site”), operated by Tistalents Ltd. (Plot 104 Zone 2 Finima, Bonny, Rivers, Nigeria).
Tistalents processes card funds from the Nigeria and world at giant and are collectively referred hereto as “Tistalents” “we” or “us”.
Please learn these Payment Terms fastidiously earlier than making or receiving funds by way of the Site. By making or receiving funds by way of the Site, you settle for and agree on behalf of your self or on behalf of your employer or another entity (if relevant), to be sure and abide by these Payment Terms. These Terms are supplemental to Tistalents’ General Terms of Service and Tistalents Business Terms of Service, as relevant (collectively, the “Terms of Service”).
Capitalized phrases used however not outlined herein shall have the respective meanings given to them within the Terms of Service.
Tistalents Balance is the aggregated quantity of your Revenue as a Seller and/or returned funds from cancelled orders as a Buyer and/or your Tistalents Business Balance (as outlined within the Tistalents Business Terms of Service).
Payment Services Provider(s) are service suppliers that present cost providers to Buyers and Sellers in reference to the Tistalents platform, together with with respect to assortment of funds from Buyers in reference to purchases, remittance and withdrawal of funds to Sellers, foreign money alternate providers in reference to funds and withdrawals in native currencies, and the holding of funds in reference to Tistalents Balances.
Revenue is the cash that Sellers earn from accomplished orders and may both withdraw or use to buy on Tistalents, topic to those Terms.
- Each Gig you promote and efficiently full, accredits your account with income equal to 80% of the acquisition quantity.
- Each Logo Design you promote by way of the Logo Maker accredits your account with income equal to 80% of the basic emblem package deal worth and 20% of the margin on high of the basic emblem package deal worth.
- Tistalents accredits Sellers as soon as an order is accomplished. See the “Orders” part within the Terms of Service for a definition of a accomplished order.
- If an order is cancelled (for any purpose), the funds paid might be returned to the Buyer’s Tistalents Balance.
- Sellers are accountable for paying any direct or oblique taxes, together with any GST, VAT or revenue tax, which can apply to them relying on residency, location or in any other case, below provisions of their jurisdiction. Sellers signify and warrant that they comply, and can all the time comply, with their obligations below revenue tax provisions of their jurisdiction. The worth proven on the Gig web page or on the Logo Maker order web page is inclusive of all such taxes and costs that will apply to the Sellers.
- Appointment as Limited Payment Collection Agent: Seller hereby appoints Tistalents as Seller’s restricted approved cost assortment agent solely for the aim of accepting funds (through its Payment Services Provider, if relevant) from Buyer, and remitting these funds to Seller. Seller agrees that cost from Buyer to Tistalents shall be thought-about the identical as a made on to Seller. Buyer’s cost obligation to Seller might be glad upon receipt of cost by Tistalents (or its Payment Services Provider, as relevant), and Tistalents (through its Payment Services Provider, as relevant) is accountable for remitting the funds to the Seller within the method described in these Payment Terms. If Tistalents (through Payment Services Provider) doesn’t remit any such quantities to Seller, the Seller can have recourse solely towards Tistalents and never the Buyer straight. Seller agrees that Tistalents might describe or in any other case mirror the phrases contained herein in any phrases of service, receipts, disclosures, or notices together with, however not restricted to, receipts offered to Buyers that Tistalents might deem vital or prudent.
- Tistalents companions with Payment Services Providers for functions of gathering funds from Buyers, transferring such funds from Buyers to Sellers, and holding funds in reference to Tistalents Balances. All funds providers in reference to the withdrawal of funds on the Tistalents platform are carried out by Tistalents’ Payment Services Providers.
- To withdraw your income, you need to have an account with not less than one of Tistalents’ Payment Service Providers for the withdrawal strategies listed under. All funds eligible for Withdrawal might be held in your behalf at an account with Tistalents’ Payment Services Provider. All cost providers, together with withdrawal providers, might be offered by Tistalents’ Payment Services Provider.
- Your Tistalents profile might be related to just one account from every Tistalents withdrawal method. A Payment Service Provider withdrawal account might be related to just one Tistalents profile.
- Revenues are solely made obtainable for withdrawal from the Revenue web page following a security clearance interval of 14 days after the order is marked as full. Top Rated Sellers are eligible to withdraw income following a security clearance interval of 7 days after the order is marked as full. For Tistalents Studio Members, the security clearance interval relies on the Studio Lead’s Level Status or classification (Level 1, Top Rated, Pro, and so on.).
- Sellers might withdraw their revenues utilizing one of Tistalents’ withdrawal choices (see Withdrawal Section under relating to cost phrases). To withdraw your obtainable income, you need to click on on the designated withdrawal supplier to provoke the withdrawal course of.
- For safety considerations, Tistalents might quickly disable a Seller’s capacity to withdraw income to forestall fraudulent or illicit exercise. This might come in consequence of safety points, improper behaviour reported by different customers, or associating a number of Tistalents accounts to a single withdrawal supplier.
- Withdrawals can solely be made within the quantity obtainable to you.
- Withdrawal charges range relying on the withdrawal method.
- Withdrawals are closing and can’t be undone. We won’t be able to reverse this course of as soon as it has begun.
- In sure circumstances, Sellers might withdraw Revenues in a number of completely different currencies. All foreign money alternate providers in reference to such withdrawals are carried out by Tistalents’ Payment Services Providers. Your Tistalents Balance is all the time derived from its US$ worth and, due to this fact, the native foreign money quantity of your Tistalents Balance might change day by day in accordance with alternate charge fluctuations and likewise contains conversion charges. Sellers all the time have the choice to withdraw Revenues in US$.
- Sellers will have the ability to withdraw their revenues from disabled accounts after a security interval of 90 days following full verification of possession of the account in query, from the day of the final cleared cost acquired of their account and topic to Tistalents’ approval.
- Withdraw to your PayPal Account – US$0 Fee*. For a listing of PayPal providers by nation click here.
- Tistalents Revenue Card™ – US$1 Fee* inside 2 days, or US$3 Fee* inside 2 hours. For extra info, see Pricing and Fees. Available worldwide, apart from India and Russia.
- Local Bank Transfer (LBT) – US$3 per switch*. For extra info, see Pricing and Fees. Available worldwide.
- Direct Deposit (ACH) – US$1 per switch*. For extra info, see Pricing and Fees. Available solely within the US.
- Additional charges might apply based mostly in your location and foreign money.
- Buyers pay Tistalents to create an order from a Seller’s Gig web page or Custom Offer, utilizing the Order Now button or by way of the Logo Maker. Tistalents companions with Payment Services Providers for functions of gathering all funds from Buyers, transferring such funds from Buyers to Sellers, and holding funds in reference to Tistalents Balances. All funds providers in reference to the gathering of funds on the Tistalents platform are carried out by Tistalents’ Payment Services Providers.
- Tistalents serves as Seller’s restricted approved cost assortment agent solely for the aim of accepting funds (through its Payment Services Provider, if relevant) from Buyer, and remitting these funds to Seller. Buyer’s cost obligation to Seller might be glad upon receipt of cost by Tistalents (or its Payment Services Provider, as relevant), and Tistalents (through its Payment Service Provider, as relevant) is accountable for remitting the funds to the Seller within the method described in these Payment Terms. In the occasion that Tistalents (through Payment Services Provider) doesn’t remit any such quantities to Seller, the Seller can have recourse solely towards Tistalents and never the Buyer straight.
- In most places, purchases on Tistalents might be made through the use of one of the next cost strategies: Credit Card, PayPal, Tistalents Credits or present Tistalents Balance. Additional cost strategies might apply in sure places. More info on obtainable cost strategies is offered here.
- Service charges are added on the time of buy the place you may overview and settle for the full quantity requested to pay. These charges cowl administrative charges. As of March 2021, the service charges are 5.5% of the acquisition quantity. For purchases below US$50 a further US$2 small order payment might be utilized.
- Your present Tistalents Balance might be mechanically utilized to your subsequent buy.
- You might not supply Sellers to pay, or make cost utilizing any method aside from by way of the Tistalents.com website. In case you’ve gotten been requested to make use of an alternate cost method, please report it instantly to Customer Support here.
- You comply with obtain invoices and/or cost receipts from Tistalents in digital type as PDF paperwork, by electronic mail or by way of the Site.
- By utilizing any cost method and/or offering cost particulars for making purchases on Tistalents, you signify and warrant that: (a) you’re legally approved to offer such info; (b) you’re legally approved or have permission to make funds utilizing the cost method(s); (c) in case you are an worker or agent of an organization or individual that owns the cost method, you’re approved by that firm or particular person to make use of the cost method to make funds on Tistalents; and (d) such actions don’t violate any relevant regulation.
Purchasing by way of Tistalents Logo Maker
- All Logo Designs have a hard and fast US$ worth and might be bought both within the basic emblem package deal or in further packages as indicated within the Logo Design order web page.
- Before finishing an order, it is possible for you to to preview a watermarked model of the Logo Design embedded along with your model identify, and to additional modify the Logo Design utilizing the enhancing instruments. Once cost has been made, orders of Logo Designs is probably not cancelled.
- In addition to the Logo Design you select, you should buy a package deal that means that you can create a number of Logo Design variations with the Logo Maker’s enhancing software. When buying a package deal that provides the Logo Maker’s enhancing software, we grant you a remunerable, non-exclusive, non-transferable, non-sublicensable, and personalised proper to entry the Logo Maker’s enhancing software for the aim of enhancing the Logo Design you selected. Please be aware that reselling the Logo Design and/or Logo Design variations is forbidden and should end in restrictions to your account. Tistalents reserves the fitting to offer you usually obtainable updates to the enhancing software and/or terminate the service at its sole discretion. You may also buy redesign providers from the Seller who created the Logo Design. The worth of such redesign providers is set by the Seller and a service payment might be charged solely for the extra redesign providers. For cancellations of emblem redesign providers, please seek advice from the “Disputes and Cancellations” part under.
- You pays on Tistalents in a number of completely different currencies. For your comfort, costs might be rounded as much as the closest quantity. At checkout, you will notice the correct quantity to be paid. Unless acknowledged in any other case, you can be charged within the foreign money displayed on the cost web page. All foreign money alternate providers in reference to funds in native currencies are carried out by Tistalents’ Payment Services Providers. In sure circumstances, nevertheless, when sure currencies usually are not supported by sure cost strategies, you can be charged in US$ even when the value is displayed in one other foreign money. In any occasion, the precise charged quantity (within the precise cost foreign money) might be clearly disclosed to you earlier than you full the cost.
- Note that each one costs on Tistalents are derived all the time from their unique US$ worth and, due to this fact, non-US$ foreign money costs might change day by day in accordance with alternate charge fluctuations and may additionally embrace conversion charges. Buyers all the time have the choice to pay in US$ by altering their foreign money.
- If you paid for an Order in a foreign money aside from US$ and your Order was later cancelled for any purpose, the quantity returned to your Tistalents Balance can be based mostly on the alternate charge as of the date of cancellation. Therefore, the returned quantity might range from the paid quantity in native foreign money phrases, whereas all the time sustaining the identical US$ worth.
- Your Tistalents Balance is all the time valued in US$, even whether it is displayed in a non-US$ foreign money. Therefore, must you select to view your Tistalents Balance in any foreign money aside from US$, it might change day by day in accordance with alternate charge fluctuations, whereas all the time sustaining the identical US$ worth. Users all the time have the choice to view their Tistalents Balance in US$ by altering their chosen displayed foreign money.
In sure situations, Tistalents might give you credit (“Tistalents Credits” or “Credits”), both for promotional functions or in any other case, for use for buying Gigs and/or different providers provided on the Site. Your obtainable Credit stability will seem in your account. Your legitimate Tistalents Credits might be mechanically utilized to your subsequent buy and might be seen in your order abstract after you place the order. Unless acknowledged in any other case, Tistalents Credits expire following three months from their receipt. Tistalents Credits serve solely as an incentive to make use of Tistalents, and, due to this fact, usually are not redeemable for money, haven’t any money worth and are nonrefundable. Once used, Tistalents Credits is probably not returned to your account even when your Order will get cancelled. Tistalents Credits could also be topic to further circumstances and restrictions as might be disclosed to You upon receipt of the Credits. Credits could also be voided within the occasion of fraud, misuse, or violation of these Terms. Tistalents reserves the fitting to change or cancel the Tistalents Credits program at any time. If you or Tistalents deactivate or droop your Tistalents account, any unused Tistalents Credits in your account might be forfeited.
From time to time we might give you promo codes for buying Gigs and/or different providers provided on the Site, on particular reductions. Promo Codes are legitimate just for purchases on Tistalents and are topic to completely different time limitations and can expire after their predefined time period. To train your promo code, merely enter the code on the checkout web page. If you fail to take action, your buy is not going to be eligible for the low cost. Promo codes are restricted to at least one use per consumer and is probably not used or mixed with another promotion. For orders which are composed of a number of milestones, the promo code will apply to the primary milestone solely. Promo Codes don’t apply to Tistalents Credits. Promo codes could also be topic to further circumstances and restrictions as might be disclosed to you upon receipt of the promo codes. Promo codes could also be voided within the occasion of fraud, misuse, or violation of the Terms of Service. Tistalents reserves the fitting to change or cancel promo codes at any time.
- Tistalents could also be required by relevant legal guidelines to cost customers with oblique taxes (equivalent to Sales Tax, VAT or GST) or to withhold taxes. Any quantity Tistalents might be required to gather might be along with the acquisition quantity and another charges payable by the Buyer, and any quantity Tistalents might be required to withhold might be deducted from the Seller’s income, as required by relevant legal guidelines.
- Indirect taxes are along with the value proven on the location, and in any occasion, any such taxes will all the time be exhibited to the Buyer earlier than cost. Users are accountable for paying any direct or oblique taxes, together with any GST, VAT, or revenue tax, which can apply to them relying on residency, location or in any other case, below provisions of their jurisdiction.
Disputes and Cancellations
We encourage our Buyers and Sellers to try to settle conflicts amongst themselves. If for any purpose this fails after utilizing the Resolution Centre or in case you encounter non-permitted utilization on the Site, customers can contact Tistalents’ Customer Support division for help here.
- Order cancellations might be carried out on Tistalents, when eligible, by Customer Support or by way of the Resolution Centre per order.
- Filing a transaction dispute or reversing a cost by way of your cost supplier or your financial institution is a violation of these Payment Terms. Doing so might get your account quickly or completely disabled. Note: Once you’ve gotten filed a dispute along with your cost supplier, the funds might be ineligible for a refund as a consequence of our obligations in direction of the cost supplier.
- In the occasion that you simply encounter a problem associated to the service offered in an order, you’re inspired to make use of the Site’s dispute decision instruments to try to resolve the matter.
- Tistalents, by way of its Payment Services Provider, reserves the fitting to cancel orders or place funds on maintain for any suspected fraudulent transactions made on the Site.
- All switch and project of mental property to the Buyer shall be topic to full cost and the supply is probably not used if cost is cancelled for any purpose.
- If an order is cancelled (for any purpose), the funds paid might be returned to the Buyer’s Tistalents Balance.
- Revisions to deliveries might be carried out by Sellers based mostly on the Seller’s Gig and buyer care. Sellers might decide the quantity of revisions they want to supply, together with no revisions.
- Requests for revisions might be carried out by way of the Order Page whereas the order is marked as Delivered.
- Requesting to achieve extra providers from Sellers past the agreed necessities through the use of the Request Revisions button is just not allowed.
- Tistalents encourages Buyers and Sellers to resolve service disputes mutually utilizing the Resolution Centre.
- Eligibility for requests to Tistalents to cancel an order might be assessed by our Customer Support staff based mostly on a quantity of elements, together with violations of our Terms of Service and/or our Community Standards, common misconduct, and improper utilization of the Tistalents supply system. See under for Order particular eligibility.
- Completed orders (or, the place relevant, accomplished milestones) could also be cancelled, upon overview of our Customer Support staff, as much as 14 days after the order (or Milestone) is marked as full. Please be suggested that orders can’t be partially cancelled (i.e. we are able to solely cancel your entire order when it’s justified).
- In uncommon circumstances the place we discover it applicable, our Customer Support staff might cancel a accomplished order even after 14 days have handed from its completion. In such circumstances, the quantities paid for the cancelled order might be returned to the Buyer’s Tistalents Balance and might be deducted from the Seller’s Tistalents Balance or, if there aren’t any adequate quantities within the Seller’s Tistalents Balance, from future revenues of such Seller.
- For orders made by way of the Tistalents Logo Maker, as soon as cost has been made, orders of Logo Designs is probably not cancelled.
- Orders usually are not eligible to be cancelled based mostly on the standard of service/supplies delivered by the Seller if the service was rendered as described within the Gig Page. You might charge your expertise with the Seller on the Order Page, together with the general stage of service high quality acquired.
- You should use Tistalents Resolution Centre to handle your considerations and desired decision associated to the service offered by their Seller previous to contacting Customer Support. Customer Support is not going to take any motion towards Orders the place the relevant has failed to tell their Seller of points associated to the Seller’s service and can permit Sellers to offer a decision first. This doesn’t embrace non-permitted utilization of Tistalents.
- Any non-permitted utilization of Tistalents encountered throughout an Order, after being reviewed by our Customer Support staff, might consequence within the order being cancelled. This contains, however not restricted to; harassment, illegal behaviour, or different violations of Tistalents’ Terms of Service.
- Tistalents Customer Support will cancel orders based mostly on, however not restricted to, the next causes:
Active orders (after necessities had been submitted to the Seller and earlier than the Seller delivers on Tistalents):
- The Seller is late and unresponsive for greater than 24 hours whereas the order is marked as Late.
- Users are abusive in direction of the opposite celebration by way of threats of low scores or leveraging order supplies (equivalent to logins, private info) towards one another.
- Users provided or included copyright/trademark infringing supplies as half of their necessities or the Seller’s supply.
- The consumer is not an energetic Tistalents consumer as a consequence of Terms of Service violations or closure of their account.
Delivered Orders (after the Seller clicks Deliver Now and earlier than the order is marked as full)
- The Seller makes use of the Delivery system to increase the supply due date to finish the requested service with out offering the ultimate delivered service. Note: Multiple reported offenses will end in everlasting suspension of your account.
- The Seller delivers no information and/or proof of work associated to the agreed upon order necessities. Note: Subjectivity of the supplies in query might be reviewed by our Customer Support staff.
- The Seller requests further funds, on or off the Tistalents platform, by withholding the ultimate supply of providers straight associated to the agreed necessities.
- The Seller is withholding the ultimate supply of providers for improved scores.
- Users who abuse the Request Revisions button to achieve extra providers from Sellers past the agreed necessities.
- Users who threaten to go away a dangerous overview to achieve extra providers from the Seller not associated to the agreed necessities.
Completed Orders (after the order is marked as full and earlier than the 14-day limitation)
- Users who’ve been reported to make use of copyright/trademark infringing supplies after verification and with proof.
- Users who didn’t buy industrial use rights and are reported to have used the supplies commercially. Note: Terms of Commercial use are discovered on the Seller’s Gig Page and can’t be retroactively included as soon as the order is accomplished for over 14 days.
- Tistalents Customer Support will overview circumstances of Order supply manipulation that forestalls customers from absolutely using our Resolution Centre that enabled the order to be marked as full.
Tistalents critiques circumstances of cost supplier chargebacks and disputes on behalf of Sellers. Although outcomes range per case as a consequence of every chargeback purpose, we work arduous on resolving disputes within the Seller’s favour. If the chargeback case permits, Tistalents (or one of Tistalents’ Payment Services Providers) will return elements or full income again to Sellers, in any other case the chargeback quantity might be borne by the Seller.
- Tistalents doesn’t mechanically refund funds made for cancelled orders again to your cost supplier. Funds from order cancellations are returned to the Buyer’s Tistalents Balance and can be found for future purchases on Tistalents. Until January 1, 2019, funds returned to your Tistalents Balance from cancelled orders is not going to embrace service charges paid. As of January 1, 2019, Tistalents returns service charges to your Tistalents Balance as soon as an order is cancelled. In any occasion, if the service charges weren’t returned to your Tistalents Balance following an order cancelation, such service charges’ quantity might be exempted out of your subsequent buy on Tistalents.
- Deposit refunds (i.e. refunds on to your cost supplier) might be carried out by our Customer Support staff, based mostly on the Order’s unique cost quantity and foreign money. To stop fraud and abuse, we restrict the full quantity of occasions customers can request a cost supplier refund, which is topic to overview by our Customer Support staff. Such refunds could also be topic to a further payment.
- Tistalents might make modifications to those Payment Terms every now and then. When these modifications are made, Tistalents will make a brand new copy of the phrases obtainable on this web page.
- You perceive and agree that in case you use Tistalents after the date on which the Payment Terms have modified, Tistalents will deal with your use as acceptance of the up to date Payment Terms.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FIVERR NOR ANY PERSON ASSOCIATED WITH FIVERR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL FIVERR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, FIVERR AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The time period “Affiliate” referred to herein, is an entity that, straight or not directly, controls, or is below the management of, or is below widespread management with Tistalents, the place management means having greater than fifty p.c (50%) voting inventory or different possession curiosity or most voting rights of such entity.