Welcome to ExcelTops
- Hi, we’re ExcelTopsand welcome to ExcelTops Studio, ExcelTops’s marketplace for digital services. This agreement explains the rules that apply to buying or providing services using the ExcelTops Studio platform (‘user terms’).
- When we refer to the ‘site’we’re talking about. ExcelTops.com. When we say ‘we’, ‘us’ or ‘ExcelTops’ it’s because that’s who we are and we own and run the site.
- Our user terms apply to any use of the site whether or not you’re a member of the site. The user terms are between you and ExcelTops. You’re making a legal commitment to us to stick to our user terms when you visit our site, so please read and understand them. If you don’t accept them then you will need to leave the site because any use, other than in agreement with these user terms, is unauthorized.
- You need to be 16 years or over to browse the ExcelTops. We don’t knowingly collect any information from anyone aged 16 and under. If you want to buy or provide services, or use other site features, you need to become a member and be 18 years old or over. Membership is free. We call a member who buys services a ‘buyer’. We call a member who provides services a ‘seller’). When we refer to ‘you’in these user terms we mean any users of the site (including buyers and sellers).
Before you buy
- Buyers are responsible for choosing the right products and services to meet their needs and making sure that all aspects of the services, including their scope, the number of revisions available and turnaround time meet their needs. Buyers need to give the seller they select a full brief for each job. It is the buyer’s responsibility to make sure that the brief is comprehensive and clear.
A seller is a freelancer who sells their services on ExcelTops Studio.
Agreeing to buy
- A seller agrees to provide services by entering into a separate agreement directly with the buyer. This is called the ‘services agreement‘. It is your responsibility to make sure you understand the terms of the services agreement. In these user terms we use the word ‘job’to talk about the services that a seller agrees to provide a buyer under a services agreement.
- ExcelTops is not part of any services agreements you enter into with other members. There is no joint venture between any member and us. We’re not a re-supplier of services provided by sellers. Sellers are independent contractors and are not our employees, sub-contractors, partners or agents. We provide the site and not the services.
As a buyer or as a seller, it is very important you understand the services agreement. It is a contract you are entering into every time you engage in a job.
Payment, pricing and taxes
- The prices advertised on the site for services are set by the sellers. Sellers are responsible for deciding what prices they want to charge. Sellers may change their prices (or change or remove their services) without notice. The price will not change for any job already started.
- All prices are stated and charged in US dollars (USD$). You are responsible for any costs associated with currency conversion or bank charges.
- Buyers pay for services using one of the methods offered on the site (‘payment method’). We will give you a job ID and issue a receipt for payment. We will hold the payment until the job has been closed.
- Each of the following things need to happen to ‘close’the job:
- the seller confirms that the services have been provided and submits content to the buyer for approval;
- the buyer approves the outcome of the job;
- the seller completes the job by providing ‘materials’ to the buyer (‘job completion’);
- seven days pass from job completion without a dispute being raised; and
- if a dispute has been raised, the dispute resolution process is finalized.
- The prices for services include all indirect taxes (like GST, VAT and sales taxes). Sellers are responsible for providing tax invoices to buyers on request.
- The seller pays us a fixed percentage of the price as a ‘platform fee’. We use revenue earned from the site to operate and maintain the site and the platform facilities it provides to users.
It is important that you understand how the job completion process works on ExcelTops Studio. Please take the time to review this section carefully.
Enabling safe transactions – dispute resolution process
- We offer a dispute resolution process for members. This is a benefit of membership. You agree to use the dispute resolution process to resolve any disputes. You can raise a dispute at any time up to seven days after job completion. We will investigate each dispute, make any decision and take any action to implement our decision (such as making payments or part-payments and releasing content) at our sole discretion.
- Buyers use the seven day period after job completion to make sure that they receive all the final deliverables, that is, all content promised under the services agreement (‘materials’). It is the buyer’s responsibility to make sure that they have received materials before the job is closed as a dispute cannot be raised after that time.
- If a dispute is raised by either of you at any time before the job is closed we will continue to hold the payment until the dispute resolution process has come to an end. We will then allocate payment depending on the outcome of the dispute.
- You can only use the dispute resolution process for services provided and communications made solely via the site. A dispute you raise may be ineligible for the dispute resolution process if it involves services provided, or communications made, outside the site. If you do not provide us with information or answers to our questions, or otherwise participate properly in the dispute resolution process, we have the right to resolve the dispute in favour of the other member.
- When a dispute is resolved in the buyer’s favour the repayment will be made via the original payment method.
- You release us from any liability relating to a dispute and the outcome of any dispute resolution process.
Members’ promises to other members and to ExcelTops
- When you’re using the site you make some promises to us, as well as to the other members that you deal with. You promise that:
- information you give to us is true, accurate and complete;
- you will keep your account information up-to-date (including a current email address);
- you are 18 years or over;
- your membership details must be kept confidential (including your password);
- if you realize there’s any unauthorized use of your password or any breach of security you need to let us know immediately;
- you will be responsible for any access and activity on the site made as a result of using your membership details;
- you will only make representations on or via the site that are accurate and not misleading or untrue;
- you are not located in a sanctioned country and are not on a sanctioned persons list;
- you will not purchase items on ExcelTops Studio using funds sourced from a sanctioned country;
- you must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons;
- you will be reasonable and polite in your dealings with us and other members;
- you will not breach any of the terms of the user terms, any services agreements and the seller additional terms;
- you will participate fully in the dispute resolution process; and
- you will follow any other ExcelTops or ExcelTops Studio policies or rules that apply to the site, such as community and conduct rules.
What we own (our intellectual property)
- We own all the content that we have put on our site (unless otherwise stated). This includes the design, compilation and look and feel of the site, all copyright, trademarks, designs and other intellectual property on the site. We claim ownership of all the trademarks, logos, service marks and trade names that we display on the site (unless otherwise stated).
- You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these user terms (or otherwise allowed at law).
What you own (your intellectual property)
- You promise that you own, or have the appropriate rights to use, everything that you submit on or via the site. This includes everything that you post on the site and send to, or make available to, other members and to us including all files, assets, communications and materials (‘your content’). You promise that the use of your content on or via our site won’t infringe anyone else’s rights and that no further permissions from others are required regarding your content.
- You give us a license to publish, copy, and communicate your content on or via the site, for the purposes of operating the site and providing the platform facilities to you. Your content will only be made publicly available if you post it on public parts of the site. Communications and other content sent between buyers and sellers are not viewable by other users.
- Sellers will retain rights in their pre-existing materials provided to buyers, but grant buyers a broad license to these materials. Sellers will assign to buyers all materials created specifically under the agreed brief. This is set out in the services agreement.
- You confirm that we may publish and copy any reviews and public comments you make on any websites run by ExcelTops for the purpose of cross-promoting the site.
Things you can’t do
- You agree that you will not:
- use a false email address, impersonate others, or misrepresent your affiliation with others;
- attempt to gain unauthorized access to computer systems or content through the site;
- attempt to contact other members through the site or use any information gained from the site with the intention to make a private arrangement that would otherwise be made using the site;
- make your contact details public on the site or in any communications via the site. Contact details include your email address, street address, Skype name and phone number (but not social network handles);
- enter any arrangements that are not consistent with these user terms or the services agreement;
- engage in automatic gathering of information from or through the site (such as “database scraping” or harvesting of e-mail addresses);
- attempt to interrupt or alter the site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine);
- use the site or any of its content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- disclose information about any other member that you obtain via the site that is reasonably regarded as confidential or marked as confidential; or
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the site other than in accordance with the rights provided to you under these user terms or a services agreement.
- The site will usually be available 24 hours a day, seven days a week. Sometimes we’ll need to interrupt or suspend your access to the site or the provision of the site’s platform facilities for maintenance, technical or other reasons. We’ll always try to give you notice if possible and try to keep such interruptions to a minimum. We do not have control over the availability of services or sellers.
- Our indemnity to you.
We provide the site, not the services. We are liable and solely responsible for:
- our use of the site;
- the services, message, content, software or other information we send through the site;
- our breach of any intellectual property rights belonging to others;
- our breach of these user terms;
- our breach of the seller additional terms; and
- our breach of any industry code, regulation or law that applies.
You have no responsibility to us for, and we agree to indemnify you from, all claims, liabilities, costs, expenses (including legal fees) and loss arising in any way from any of the matters set out in this clause.
Your indemnity to us.
You are liable and solely responsible for:
- your use of the site;
- any services you buy or provide through the site;
- the services, message, content, information, software or other materials you send through the site;
- your breach of any intellectual property rights belonging to others;
- your breach of these user terms;
- your breach of a services agreement;
- your breach of the seller additional terms; and
- your breach of any industry code, regulation or law that applies.
We have no responsibility to you or to any another person for all claims, liabilities, costs, expenses (including legal fees) and loss arising in any way from any of the matters set out in this clause (‘claims’) and you agree to indemnify us, our directors, officers, employees and agents from all claims.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.