Gigbucks Terms of Service

GENERAL TERMS AND CONDITIONS OF GIGBUCKS.COM, A SERVICE BY E-MAGINE S.A.

These general terms and conditions regulate the services, rights and duties between you, the customer (hereafter: You or Customer) and E-MAGINE S.A., (hereafter: Gigbucks)

1.) Service Provided
Gigbucks facilitates a service, which allows individuals to sell and/or buy services from other Gigbucks customers, using the Gigbucks.com website.

On Gigbucks.com everyone can create a free profile and post as many gigs (jobs) as they like. Seller may post the same gig only once. Duplicated or very similiar gigs will be deleted. Gigs can be priced from $5 to $50 United States Dollars.

Only registered users can buy and sell on Gigbucks, registration is free of charge. There is only one account allowed per person. Each user must have a unique Paypal/Payza account. Using the same Paypal or Payza account for more than one user is not accepted. Registering multiple accounts will get the account permanently banned.

2.) Services aka Gigs
Buyers are granted all rights for the delivered work, unless otherwise specified by the seller in the gig description.

Gigs must not contain: Adult material or X-rated services, pirated software, competing services and any other illegal service or product. Gigbucks reserves the right to decline and delete any gig without a reason stated.

3.) Buyer Protection
Gigbucks invests a lot of time and effort into making sure all gigs on Gigbucks meet our Quality Guidelines. Incomplete orders will be cancelled and credited to the Buyer´s Gigbucks account balance.

4.) Terms of Payment
All gigs must be paid through PayPal, Payza, or Gigbucks balance at the time of ordering. Gigbucks holds the payment in escrow and pays it to the Seller after the Buyer has accepted the gig. Gigbucks collects a 20% service fee on all transactions.

Users are not permitted to offer or accept payments using any method other than through the Gigbucks system. Gigs should be ordered using the "Order Now" button.

5.) Order Procedure
After payment has cleared, the Seller will be notified about the gig and start working. Buyer will be notified of order status changes by email. After Buyer accepts gig, the payment will be credited to the Seller’s account. Users are not permitted to offer or accept to communicate with other Gigbucks users outside of the Gigbucks messaging system. Doing so, will get the account blocked permanently.

6.) Late Delivery
If an order delivery is past due, Seller will receive a daily reminder for seven days. If Seller fails to complete order within this seven day grace period, the order will be automatically cancelled and the money refunded to the Buyer´s Gigbucks account balance. Late delivery has a negative effect on a Seller’s rating and is only tolerated once. Repeat offenders will have their accounts suspended.

7.) Mutual Order Cancellation
Both, Buyer and Seller may at any time mutually cancel the order without a negative effect on the seller’s rating. Money from cancellations will be refunded to the Buyer´s Gigbucks account balance.

8.) Delivering Orders
Gigbucks shall not be held reliable for quality of gigs delivered. Buyers must choose carefully who they order from and should always check rating and comments from other users. All disputes are to be solved between the Buyer and the Seller directly: if a Buyer is unhappy with an order, he/she should reject the delivered work and insist on the gig delivery as described in the gig description. Buyer should also leave a negative rating. The Gigbucks Buyer Protection will cancel late orders automatically and refund the purchase to the Buyer´s Gigbucks account balance.

9.) Disputes
We encourage our buyers and sellers to resolve issues between themselves. If for any reason this process fails, you can contact us at support@gigbucks.com If necessary, refunds will be deposited into the Buyer´s Gigbucks account balance. PayPal or Payza refund requests are not accepted.

Gigbucks reserves the right to cancel and refund any order at any time without a reason.

10.) Withdrawing Funds
Funds can be withdrawn to a Paypal or Payza account or to the Seller´s Gigbucks account balance 14 days after a gig was marked as complete for Gig Level 1 and Gig Level 2 Sellers. Gig Level 3 Sellers will be able to instantly withdraw funds after gig completion. Please make sure your Paypal or Payza account is eligible to receive payments before withdrawing funds from your Gigbucks account. To be eligible for withdrawal, you must have a minimum balance of $4.00. Please allow up to 3 business days for payout requests to be processed. Read more about Gig Levels

11.) Liability:
Gigbucks is an ecommerce platform and micro job service provider and is not directly involved in the gigs and especially in the quality of the gig provided.

12.) Limitations of liability:
Under no circumstance shall Gigbucks be liable for damages exceeding the purchase price of the gig. Account credits only, no Paypal or Payza refunds.

13.) Payment Disputes
You agree to never file a payment dispute with Paypal or Payza. Contact our Gigbucks support team at support@gigbucks.com to help you solve payment issues. Customers who file Paypal or Payza disputes will have their Gigbucks accounts closed and be permanently banned from using Gigbucks in the future.

14.) Unsolicited Emailing
With the exception of certain verified opt-in mailings, Gigbucks prohibits any form of unsolicited bulk emailing (commonly referred to as "spamming") by any user, either related or unrelated to Gigbucks. User's participation in verified opt-in mailings shall only be permitted upon prior written consent of Gigbucks. For the purpose of this Agreement, spamming also includes any similar, abusive behavior including, but not limited to automatically sending scripted text (and website URL) disguised as "chat" into any third party chat room, bulletin board or website. Any report of spamming will be investigated immediately, and Gigbucks may, in its sole discretion, suspend the account of the User in question pending the review or investigation of the reported spamming. Gigbucks will terminate any user found, in its sole discretion, to have engaged in this prohibited behavior, and the termination provisions above will apply. Gigbucks reserves the right to take any other action it deems necessary in this regard, and further reserves the right to change these standards from time to time, to be effective upon notice to User.

15.) Notifications
All notifications have to be made in writing and can be transmitted via email to admin@gigbucks.com

16.) Acceptance
Customer fully accepts these terms & conditions upon use of the Gigbucks.com website. Gigbucks may make changes to its Terms of Services and will make a copy of the latest version available at http://gigbucks.com/terms_of_service You understand and agree that Gigbucks will treat your use as acceptance of the updated Terms of Service.

17.) Severability clause:
Should one of the contract clauses become invalid, the validity of the remaining provisions as a whole shall not be affected. Instead of the invalid clause, what comes closest to the economical purpose of the clause is then agreed. Place of jurisdiction and place of fulfillment, to the extent permitted by law is Panama, Republic of Panama.

Amendment

THE FOLLOWING APPLIES TO ALL GIGBUCKS SELLERS, AND CONCERNS THE TRANSMISSION OF UNSOLICITED (SPAM) E-MAILS IT DOES NOT WAIVE OR SUBSTITUTE THE SPAM POLICY DESCRIBED IN THE TERMS AND CONDITIONS BUT RATHER ADDS TO IT:

THE "CAN-SPAM ACT OF 2003" (THE "ACT"), WHICH BECAME EFFECTIVE JANUARY 1, 2004, APPLIES TO ANY COMMERCIAL E-MAILS SENT TO ANY U.S. RECIPIENT. FULL COMPLIANCE WITH THE ACT IS REQUIRED AS A TERM OF THIS AGREEMENT, AND USERS ARE RESPONSIBLE FOR READING AND UNDERSTANDING ALL PROVISIONS THEREOF. THE ACT IS AVAILABLE AT:

http://www.spamlaws.com/

USERS MUST COMPLY WITH THE ACT, AND ANY LIABILITY/DAMAGES THAT ARISE FROM FAILING TO COMPLY WILL BE THE SOLE RESPONSIBILITY OF THE USER. THE FOLLOWING OUTLINES THE BASIC REQUIREMENTS OF THE ACT, BUT IS INTENDED ONLY TO SERVE AS A GUIDELINE, AND NOT AS A REPLACEMENT FOR READING AND UNDERSTANDING THE ACT ITSELF.

THIS IS NOT INTENDED TO SERVE AS LEGAL ADVICE, AND IT IS RECOMMENDED THAT YOU AND YOUR LEGAL COUNSEL DETERMINE FOR YOURSELVES HOW BEST TO COMPLY.

ALL COMMERCIAL E-MAILS THE ACT PROHIBITS THE SENDING OF ANY COMMERCIAL E-MAILS (SOLICITED OR UNSOLICITED) THAT CONTAIN THE FOLLOWING (IT IS REQUIRED THAT USERS READ AND UNDERSTAND THE DEFINITIONS RELATED TO THESE REQUIREMENTS IN THE ACT ITSELF):

1. FALSE OR MISLEADING SUBJECT AND/OR HEADER INFORMATION.

2. SUBJECT AND/OR HEADER INFORMATION THAT INCLUDES AN ORIGINATING E-MAIL ADDRESS, DOMAIN NAME OR IP ADDRESS OBTAINED THROUGH FALSE OR FRAUDULENT MEANS, BUT IS OTHERWISE ACCURATE.

3. SUBJECT AND/OR HEADER INFORMATION THAT FAILS TO ACCURATELY IDENTIFY THE COMPUTER USED TO ORIGINATE THE E-MAIL FOR THE PURPOSE OF DISGUISING THE ORIGIN OF THE E-MAIL.

UNSOLICITED COMMERCIAL E-MAIL ANY UNSOLICITED COMMERCIAL E-MAIL MUST INCLUDE:

1. CLEAR AND CONSPICUOUS IDENTIFICATION OF THE E-MAIL AS AN "ADVERTISEMENT" OR "SOLICITATION."

2. NOTICE THAT THE RECIPIENT MAY ELECT NOT TO RECEIVE, OR "OPT-OUT," OF ADDITIONAL E-MAIL.

3. A RETURN E-MAIL ADDRESS OR OTHER EFFECTIVE INTERNET MECHANISM THE E-MAIL RECIPIENT MAY USE TO NOTIFY YOU THAT THE RECIPIENT WISHES TO "OPT-OUT" (DOES NOT WISH TO RECEIVE) OF ADDITIONAL COMMERCIAL E-MAILS.

4. A PHYSICAL POSTAL ADDRESS OF THE SENDER.

THE "OPT-OUT" MECHANISM REQUIRED UNDER THIS PROVISION MUST BE AVAILABLE FOR AT LEAST 30 DAYS AFTER THE TRANSMISSION OF THE ORIGINAL E-MAIL. ADDITIONALLY, ANY OPT-OUT REQUESTS MUST BE HONORED WITHIN 10 DAYS OF THE RECEIPT OF SUCH REQUEST.

YOU MAY NOT SELL OR OTHERWISE TRANSFER TO ANYONE ELSE THE E-MAIL ADDRESSES OF THOSE PERSONS WHO ELECT TO OPT-OUT.

ADDITIONAL PROHIBITED ACTIVITIES THE FOLLOWING ADDITIONAL ACTIVITIES ARE PROHIBITED BY THE ACT:

1. TRANSMITTING COMMERCIAL E-MAIL USING E-MAIL ADDRESSES OBTAINED FROM WEBSITES, PROPRIETARY ONLINE SERVICES, OR OTHER BUSINESS OR ENTITY THAT HAS REPRESENTED TO ITS USERS THAT IT WILL NOT SHARE, SELL OR OTHERWISE TRANSFER THE RECIPIENTS' E-MAIL ADDRESSES OR OTHER INFORMATION TO ANOTHER PARTY.

2. TRANSMITTING COMMERCIAL E-MAIL USING E-MAIL ADDRESSES OBTAINED USING SOFTWARE OR SOME OTHER DEVICE THAT GENERATES POSSIBLE E-MAIL ADDRESSES BY COMBINING NAMES, LETTERS AND/OR NUMBERS (SUCH AS A RANDOM EMAIL ADDRESS GENERATOR).

3. USING ANY COMPUTER WITHOUT AUTHORIZATION TO SEND E-MAIL MESSAGES THAT VIOLATE ANY PROVISION OF THE ACT.

4. USING A COMPUTER TO RELAY OR RETRANSMIT E-MAIL, WITH THE INTENT TO DECEIVE OR MISLEAD RECIPIENTS, INTERNET SERVICE PROVIDERS, OR OTHERS REGARDING THE ORIGIN OF THE E-MAIL.

5. USING A SCRIPT OR OTHER AUTOMATED MEANS TO CREATE AND/OR REGISTER E-MAIL ACCOUNTS OR OTHER ONLINE ACCOUNTS FROM WHICH COMMERCIAL E-MAIL IN VIOLATION OF THE ACT WILL BE SENT OR FORWARDED.

IMPORTANT

COMPLIANCE WITH THE ACT BECAME AN EXPRESS CONDITION OF PARTICIPATION AS AN USER ON THE DATE IT BECAME EFFECTIVE, AS THE USER AGREEMENT HAS ALWAYS REQUIRED COMPLIANCE WITH APPLICABLE LAW. IT IS IMPORTANT TO NOTE, HOWEVER, THAT THESE REQUIREMENTS ARE IN ADDITION TO OTHER ANTI-SPAM PROVISIONS CONTAINED IN THESE TERMS.

FAILURE TO COMPLY WITH THE ACT WILL RESULT IN THE IMMEDIATE TERMINATION OF YOUR ACCOUNT, AND YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD GIGBUCKS HARMLESS, AS WELL AS ITS AGENTS, EMPLOYEES AND REPRESENTATIVES, FROM ANY COST, EXPENSE, LAWSUIT, CLAIM, OR LIABILITY OF WHATEVER NATURE WHATSOEVER ARISING OUT OF ANY VIOLATION OF THE ACT, IN ADDITION TO YOUR AGREEMENT TO INDEMNIFY GIGBUCKS AS PROVIDED FOR ELSEWHERE IN THIS AGREEMENT.

Terms of Service \| Privacy Policy \| About Us \| Support \| Blog	Copyright © 2013 E-MAGINE S.A. All Rights Reserved