Gigslance’s Payment Terms
Last Updated: August 2022
The following terms (these “Payment Terms”) govern payments you make or receive through www.gigslance.com (the “Site”), operated by Gigslance Global Ltd.
Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Payment Terms. These Terms are supplemental to Gigslance’s General Terms of Service and Gigslance Business Terms of Service, as applicable (collectively, the “Terms of Service”).
Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.
Gigslance Balance is the aggregated amount of your Revenue as a Freelancer and/or returned payments from canceled orders as a Employer and/or your Gigslance Business Balance (as defined in the Gigslance Terms of Service).
Payment Services Provider(s) are service providers that provide payment services to Employers and Freelancers in connection with the Gigslance platform, including with respect to collection of funds from Employers in connection with purchases, remittance and withdrawal of funds to Freelancers, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Gigslance Balances.
Revenue is the money that Freelancers earn from completed orders and can either withdraw or use to purchase on Gigslance, subject to these Terms.
- Each Gig you sell and successfully complete, accredits your account with revenue equal to 90% of the purchase amount.
- Gigslance accredits Freelancers once an order is completed. See the “Orders” section in the Terms of Service for a definition of a completed order.
- If an order is canceled (for any reason), the funds paid will be returned to the Employer’s Gigslance Balance.
- Freelancers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Freelancers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction.
- Appointment as Limited Payment Collection Agent: Freelancer hereby appoints Gigslance as Freelancer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Employer, and remitting those payments to Freelancer. Freelancer agrees that payment from Employer to Gigslance shall be considered the same as made directly to Freelancer. Employer’s payment obligation to Freelancer will be satisfied upon receipt of payment by Gigslance (or its Payment Services Provider, as applicable), and Gigslance (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Freelancer in the manner described in these Payment Terms. In the event that Gigslance (via Payment Services Provider) does not remit any such amounts to Freelancer, the Freelancer will have recourse only against Gigslance and not the Employer directly. Freelancer agrees that Gigslance may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Employers that Gigslance may deem necessary or prudent.
- Gigslance partners with Payment Services Providers for purposes of collecting payments from Employers, transferring such payments from Employers to Freelancers, and holding funds in connection with Gigslance Balances. All payments services in connection with the withdrawal of funds on the Gigslance platform are performed by Gigslance’s Payment Services Providers.
- To withdraw your revenue, you must have an account with at least one of Gigslance’s Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with Gigslance’s Payment Services Provider. All payment services, including withdrawal services, will be provided by Gigslance’s Payment Services Provider.
- Your Gigslance profile can be associated with only one account from each Gigslance withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Gigslance profile.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete.
- Freelancers may withdraw their revenues using one ofGigslance’s withdrawal options (see Withdrawal Section below regarding payment terms). To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.
- For security concerns, Gigslance may temporarily disable a Freelancer’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Gigslance accounts to a single withdrawal provider.
- Withdrawals can only be made in the amount available to you.
- Withdrawal fees vary depending on the withdrawal method.
- Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
- In certain cases, Freelancers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Gigslance’s Payment Services Providers. Your Gigslance Balance is always derived from its US$ value and, therefore, the local currency amount of your Gigslance Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees. Freelancers always have the option to withdraw Revenues in US$.
- Freelancers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Gigslance’s approval.
- Withdraw to your PayPal Account – US$0 Fee*. For a list of PayPal services by country click here.
- Local Bank Transfer (LBT) – US$3 per transfer. Only available for limited countries, at the moment.
- Employers pay Gigslance to create an order from a Freelancer’s Gig page or Custom Offer, using the Order Now button. Gigslance partners with Payment Services Providers for purposes of collecting all payments from Employers, transferring such payments from Employers to Freelancers, and holding funds in connection with Gigslance Balances. All payments services in connection with the collection of funds on the Gigslance platform are performed by Gigslance’s Payment Services Providers.
- Gigslance serves as Freelancer’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Employer, and remitting those payments to Freelancer. Employer’s payment obligation to Freelancer will be satisfied upon receipt of payment by Gigslance (or its Payment Services Provider, as applicable), and Gigslance (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Freelancer in the manner described in these Payment Terms. In the event that Gigslance (via Payment Services Provider) does not remit any such amounts to Freelancer, the Freelancer will have recourse only against Gigslance and not the Employer directly.
- In most locations, purchases on Gigslance can be made by using one of the following payment methods: Credit Card, PayPal. Additional payment methods may apply in certain locations.
- Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. As of July 2022, the service fees are 0% of the purchase amount.
- Your existing Gigslance Balance will be automatically applied to your next purchase.
- You may not offer Freelancers to pay, or make payment using any method other than through the Gigslance.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
- You agree to receive invoices and/or payment receipts from Gigslance in electronic form as PDF documents, by email or through the Site.
- By using any payment method and/or providing payment details for making purchases on Gigslance, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Gigslance; and (d) such actions do not violate any applicable law.
- You can pay on Gigslance in several different currencies. For your convenience, prices will be rounded up to the closest number. At checkout, you will see the accurate amount to be paid. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by Gigslance’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
- Note that all prices on Gigslance are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Employers always have the option to pay in US$ by changing their currency.
- If you paid for an Order in a currency other than US$ and your Order was later canceled for any reason, the amount returned to your Gigslance Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
- Your Gigslance Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Gigslance Balance in any currency other than US$, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same US$ value. Users always have the option to view their Gigslance Balance in US$ by changing their selected displayed currency.
- Gigslance may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount Gigslance will be required to collect will be in addition to the purchase amount and any other fees payable by the Employer, and any amount Gigslance will be required to withhold will be deducted from the Freelancer’s revenue, as required by applicable laws.
- Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Employer before payment.
- Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.
Disputes and Cancellations
We encourage our Employers and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Gigslance’s Customer Support department..
- Order cancellations can be performed on Gigslance, when eligible, by Gigslance (via Customer Support or otherwise) or through the Resolution Center per order.
- Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
- In the event that you encounter an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
- Gigslance, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
- All transfer and assignment of intellectual property to the Employer shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.
- If an order is canceled (for any reason), the funds paid will be returned to the Employer’s Gigslance Balance.
- Revisions to deliveries can be performed by Freelancers based on the Freelancer’s Gig and customer care. Freelancers may determine the amount of revisions they wish to offer, including no revisions.
- Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
- Requesting to gain more services from Freelancers beyond the agreed requirements by using the Request Revisions button is not allowed.
- Gigslance encourages Employers and Freelancers to resolve service disputes mutually using the Resolution Center.
- Eligibility for requests to Gigslance to cancel an order will be assessed by Gigslance based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Gigslance delivery system. See below for Order specific eligibility.
- Completed orders (or, where applicable, completed milestones) may be canceled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).
- In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the canceled order will be returned to the Employer’s Gigslance Balance and will be deducted from the Freelancer’s Gigslance Balance or, if there are no sufficient amounts in the Freelancer’s Gigslance Balance, from future revenues of such Freelancer.
- Orders are not eligible to be canceled based on the quality of service/materials delivered by the Freelancer if the service was rendered as described in the Gig Page. You may rate your experience with the Freelancer on the Order Page, including the overall level of service quality received.
- You must use Gigslance Resolution Center to address your concerns and desired resolution related to the service provided by their Freelancer prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform their Freelancer of issues related to the Freelancer’s service and will allow Freelancers to provide a resolution first. This does not include non-permitted usage of Gigslance.
- Any non-permitted usage of Gigslance encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Gigslance’s Terms of Service.
- Gigslance will cancel orders based on, but not limited to, the following reasons:
Active orders (after requirements were submitted to the Freelancer and before the Freelancer delivers on Gigslance):
- The Freelancer is late and unresponsive for more than 24 hours while the order is marked as Late.
- Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
- Users supplied or included copyright/trademark infringing materials as part of their requirements or the Freelancer’s delivery.
- The user is no longer an active Gigslance user due to Terms of Service violations or closure of their account.
Delivered Orders (after the Freelancer clicks Deliver Now and before the order is marked as complete)
- The Freelancer uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service. Note: Multiple reported offenses will result in permanent suspension of your account.
- The Freelancer delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
- The Freelancer requests additional payments, on or off the Gigslance platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Freelancer is withholding the final delivery of services for improved ratings.
- Users who abuse the Request Revisions button to gain more services from Freelancers beyond the agreed requirements.
- Users who threaten to leave a damaging review to gain more services from the Freelancer not related to the agreed requirements.
Completed Orders (after the order is marked as complete and before the 14-day limitation)
- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
- Users who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Freelancer’s Gig Page and cannot be retroactively included once the order is completed for over 14 days.
- Gigslance Customer Support will review cases of Order delivery manipulation that prevents users from fully utilizing our Resolution Center that enabled the order to be marked as complete.
Gigslance reviews cases of payment provider chargebacks and disputes on behalf of Freelancers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Freelancer’s favor. If the chargeback case allows, Gigslance (or one of Gigslance’s Payment Services Providers) will return parts or full revenue back to Freelancers, otherwise the chargeback amount will be borne by the Freelancer.
- Gigslance does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Employer’s Gigslance Balance and are available for future purchases on Gigslance.
- Deposit refunds (i.e. refunds directly to your payment provider) can be requested directly from the billing page, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
- Gigslance may make changes to these Payment Terms from time to time. When these changes are made, Gigslance will make a new copy of the terms available on this page.
- You understand and agree that if you use Gigslance after the date on which the Payment Terms have changed, Gigslance will treat your use as acceptance of the updated 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 Freelancer, FIVERR AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF Freelancer.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Gigslance, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.