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Legal Stuff - Terms & Conditions

WebGigs's Terms of Service Updated – Oct 30 2011

Just give me the Coles Notes Version:

  • A service offered on WebGigs.ca is called a Gig™.
  • Gigs™ on WebGigs.ca are offered for a fixed, base price of $3 or $5 or $10 or $20
  • Top sellers may offer additional upgrades to their gig or sell their gig in multiples.
  • Only registered users can buy and sell on WebGigs. Registration is free.
  • All sellers (inc. Top Sellers) must fulfill all orders, and may not attempt to cancel orders intentionally.
  • Users may not offer or accept payments using any method other than placing an order through WebGigs.ca. Gigs should be ordered using the 'Order Now' or "Buy Now" buttons.
  • Buyers are granted all rights for the delivered work, unless otherwise specified by the seller in the gig description.

For the Sellers

  • Basics
  • Each $3 or $5 or $10 or $20 gig you sell and successfully deliver, accredits your account with a net revenue of $2.40 or $4 or $8 or $16.
  • Buyers pay WebGigs for orders in advance.
  • WebGigs accredits sellers once an order is complete.
  • Sellers may withdraw their revenues to a PayPal account of their choice, according to the terms specified below.
  • WebGigs only hold your money for 4 days - unlike our competitors!
  • If an order is cancelled (for any reason), the seller's revenues are returned to the buyer.
  • Seller's rating is calculated based on feedback received from buyers, amount of orders cancelled and late deliveries.

Handling orders

  • When a buyer orders a gig, the seller gets notified by Email.
  • Sellers are required to meet the delivery duration they specified when creating their gigs. Failing to do so will permit the buyer to cancel the order and will reduce the seller's rating.
  • Both buyers and sellers have the option to cancel an order by mutual agreement. Doing so has no negative effect on either party.
  • Unanswered mutual cancellation requests will be automatically accepted after 24 hours, while reducing the non-responding user's rating.
  • A Seller may cancel an order at any given moment. However, canceling an order has a negative effect on the seller's rating.

Staying out of trouble

  • To protect our users' privacy, user identities should be kept anonymous. Requesting or providing Email addresses, Skype/IM usernames or any other personal contact details (Other than your name) is not permitted.
  • All communications, information and files exchange should be performed exclusively using WebGigs's messaging system.
  • Posting or sending adult, illegal, rude, abusive, improper, copyright protected, promotional, spam, violent, nonsense or any uncool stuff is strictly prohibited. Doing so will get your account blocked permanently.

Work delivery & Communications

  • You are responsible to scan all transferred files for viruses and malware. WebGigs will not be responsible for any damages which might occur due to site usage, use of content or files transferred.
  • Sellers must deliver completed files and/or proof of work using the 'Deliver Completed Work' tab (located in the Order Page).
  • Once work is delivered, the buyer has three days to respond. After that time, the order will be marked as complete.

Withdrawing revenues

  • Withdrawing revenues requires having a valid PayPal account. Please make sure that your PayPal account can receive incoming payments before withdrawing funds.
  • Your WebGigs profile can only be associated with one PayPal account. This association is permanent and can't be changed.
  • Revenues are only made available for withdrawal after a safety clearance period of 4 days.
  • PayPal's charges 2% of the total withdrawal sum, and up to a maximum of $1 when withdrawing revenues. SO we suggest withdrawing $50 or more in one go will save you a little cash.
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has began.

For the Buyers

  • Ordering gigs
  • Gigs may be purchased using a Credit Card or PayPal.
  • Once payment is confirmed, your order will be created.
  • If you have a positive balance of $5 or more, it will be used automatically when ordering new gigs.
  • As a buyer, your identity is kept anonymous at all times. To protect your privacy, avoid requesting or providing Email addresses, Skype/IM usernames or any other personal contact information.
  • You may not offer or pay using any method of payment other than WebGigs's (paypal, or all major credit cards)
  • You may not pay other users directly using their PayPal account. In case you have been asked to use an alternative payment method, please report it immediately here.
  • Avoid filing a dispute or reversing a payment through PayPal or your bank. Doing so may get your account blocked.
  • In case of a problem, always try and work things out with your seller. If you need further assistance, contact our customer support here
  • Buyers can cancel an order or get a refund if the product is not as stated in the ad - within 24 hours after receiving product. We will not be able to cancel orders or refund payment after that time.

 

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Shipping
  • Some of the services on WebGigs are delivered physically (arts and crafts, collectable items etc). For this type of gigs, sellers may decide to add additional charges for shipping. Sellers can add shipping prices for local shipping (the country from which the gig is sent) and for international shipping (anywhere else).

Important

  • When a buyer buys a gigs which delivers physically, the buyer will be required to provide a shipping address; The Seller will be responsible for all shipping arrangements once the Buyer supplies the shipping address. WebGigs does not handle or guarantee shipping, tracking, quality and condition of items or their delivery and shall not be responsible or liable for any damages or other problems caused, directly or indirectly, from delivered items and their shipping.
  • Tracking number is a great way to avoid disputes related to shipping. We recommend entering the tracking number if available in the order pagewhen delivering your work.

General terms

  • Violation of WebGigs's Terms of Service may get your account permanently blocked.
  • Sellers will be able to withdraw their revenues from blocked accounts after a safety period of 45 to 90 days, depending on block reason, from day of last cleared payment received in their account and subject to WebGigs's approval.
  • Disputes should be handled using WebGigs's dispute resolution tools ('Got Problems?' in the order page) or by contacting WebGigs customer support.
  • WebGigs reserves the right to put any account on hold or permanently cancel accounts due to misbehavior. Users with accounts on hold will not be able to sell or buy on WebGigs.
  • WebGigs may make changes to its Terms of Service from time to time. When these changes are made, WebGigs will make a new copy of the Terms of Service available at http://www.WebGigs.ca/terms_of_service.
  • You understand and agree that if you use WebGigs after the date on which the Terms of Service have changed, WebGigs will treat your use as acceptance of the updated Terms of Service.

Disputes

  • We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact WebGigs's customer support department for assistance – email us
  • WebGigs will not refund payments made for cancelled orders back to PayPal. Refunds are made to the buyer's balance and are made available for future purchases on WebGigs.

Ownership and limits

Ownership and limitations: unless clearly stated otherwise in the gig description text, when the work is delivered, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller and the seller waives any and all moral rights therein. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered service shall be the exclusive property of buyer. The seller expressly agrees to assign to buyer the copyright in any delivered services that do not meet the requirements of a work-for-hire under the U.S. and Canada Copyright Act. Additionally, independent of the U.S. and Canada Copyright Act, the seller agrees that unless he indicated otherwise in the gig description, once the order is completed the seller assigns along with it to the buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith.

Sellers further assert that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer.

Furthermore, users agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to WebGigs, including gig texts, photos, videos, usernames, user photos, user videos and any other information may be used by WebGigs for no consideration for marketing and/or other purposes.

We wish to remind that WebGigs.ca's content is based on User Generated Content (UGC). WebGigs does not check user uploaded/created content for violations of copyrights, trademarks or other rights. We invite everyone to report suspected violations together with proof of ownership. Reported violating content will be removed.

By offering a service, the seller asserts that it has sufficient permissions to provide, sell or resell the service that they offer on WebGigs.ca.

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