- Hi, we’re ExcelTops.
- Becoming a seller is easy. As a seller, you agree to put your items on ExcelTops Market and make them available to buyers on the basis of these Seller Terms.
As a seller on the ExcelTops Market you have responsibilities to us and buyers of your items. Please take the time to review these Seller Terms carefully.
- When we say ‘you’ in these Seller Terms we are referring to you, the seller whose details are listed as the ExcelTops Market account holder. All other words defined or explained in the ExcelTops Market Terms have the same meaning here. If there’s any inconsistency between what we say in these Seller Terms and what is in the ExcelTops Market Terms, what we say in these Seller Terms prevails.
- Read on for details about your seller responsibilities, the process of selling your items on the ExcelTops Market and how you can earn money with us.
Becoming a seller
- Becoming a seller is free: Becoming a seller and putting your items up on the ExcelTops Market is free but there is a review process. There are a few things you warrant in exchange for the right to be a seller, which are outlined in these Seller Terms.
- Process to become a seller: There are easy steps you follow to sign up as a seller, which are outlined on the ExcelTops Market Seller Sign Up Pageguide. In our Seller Help Center you’ll find instructions and resources to help you get started along with information about payment, submission requirements and other important information about being a seller.
How selling your items works
What you’re providing:
- License: When you ‘sell’ an item, you’re making your item available to buyers and downloaders to use that item under certain conditions; you’re not actually selling the item itself. What you’re selling includes a license directly to the buyer or downloader to use that item under the relevant license options that we set.
For the different types of licenses and detail about what rights you are licensing see our licensing page. Take a moment to understand how your work will be licensed!
- Item support: You can choose whether or not to support certain items. If you choose to support an item, this will be identified on the item page. All supported items include a support period. Buyers can buy support extensions on these items.
To understand item support, like what items are covered, what you agree to provide buyers, the support period and support extension options, see the item support policy page.
- The total price for an item on ExcelTops Market is made up of:
- Item price: The item price is made up of a license fee (for the license chosen for the item), and if relevant the item support fee (for supported items).
- Buyer fee: This is the fee buyers pay ExcelTops for the buyer services we provide buyers.
- Handling fee: In some transactions the total checkout price may include a handling fee.
- Taxes: Some transactions may be subject to tax that may be added to the price.
The list price is made up of the item price and buyer fee, and is the price on an item page. See ExcelTops Market Terms for information about all the parts of the total price.
- Exclusivity: When you become a seller, you can choose to make your items and related items available exclusively on ExcelTops or to retain the ability to sell your items elsewhere. The percentage of revenue you receive from each sale of your item will vary depending on your choice (as explained below). You can change your exclusivity status of your account at any time. See our Exclusivity Policyfor more information, including on how we define ‘related items’.
- Your earnings; seller fee: When your item is sold on ExcelTops Market, you will earn the item price component of the list price less a seller fee that we charge. The seller fee is what you are charged by ExcelTops for use of our platform and services as a seller. The seller fee is determined by whether you are selling the item only on ExcelTops Market exclusively and by the aggregate value of list price sales you’ve had in the past. The seller fee you pay to us is set out in the rates schedule that we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on ExcelTops Market.
- Setting the prices of items: As a seller, you are responsible for setting the prices for your items. This is known as ‘Seller Driven Pricing’. You must make all pricing decisions independently, and discussions about your pricing decisions (including with other sellers) are not permitted under any circumstances. See our Seller Driven Pricingarticle for more information.
- Review: We have rules about what we accept and don’t accept and you can read up on these in our seller-related ExcelTops Market information. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your item. We have the final say on whether items are accepted for ExcelTops Market.
- No Variation: You are not permitted to vary these terms (or our ExcelTops Market Terms) as they apply between you and buyers, or to offer your items on different terms or with additional terms (for example, through your item description pages). Any different or additional terms that you try to impose on ExcelTops Market on your items will have no effect against buyers or ExcelTops.
How do payments of earnings work?
These sections explain how earning an income works on the ExcelTops Market and important information about payments to your account, and deductions from your account. Take a close look!
- We will pay you the item price component of the total price less the seller fee (‘your earnings’ or ‘earnings’). In order for us to do this, you authorize us to collect payments, to credit your ExcelTops Market account with your earnings, and to payout your earnings to you. We may use another ExcelTops Company to do these things for us.
- To avoid any confusion, only your earnings from the sale of your items (and referral income under our separate Affiliate Program) will be payable to you.
- Thresholds: We’ll make payments of your earnings based on certain minimum threshold amounts. For more information see our help centre.
- Earnings payment timing and methods:
- You ask us to hold the balance of your earnings until they are paid out to you, the ExcelTops account holder. You can set up an automatic payment destination which must be owned by you, the ExcelTops account holder. Where your earnings reach certain threshold amounts, we make monthly payouts of your earnings to your payment destination.
- When we get a request for payment, we’ll pay you at the next payment cycle as stated on our Seller Help Center
- You must provide us with the correct details and payment method when you set your payment destination.
- Despite section 18(a)above, we reserve the right to pay your earnings to you, at any time, at our discretion.
- You may bear some or all expenses incurred by us in paying monies to you.
- Potential deductions:
- Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unautorized transactions (which we don’t control). If an ExcelTops Market transaction on an item is subject to payment agents’ refunds, chargeback, fees or unauthorized transactions, we may automatically deduct those amounts from your ExcelTops Market account.
- You or we may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item outlined in the ExcelTops Market Refund Rules, or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct from your ExcelTops Market account any amount that would otherwise be payable to you.
- If you breach any warranty you have made to us we may offset any amount that we have to pay to anyone else as a result of your breach, against any payments due to you.
- Payment errors: We will continue to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:
- we do not have the correct payment details;
- we can’t contact you using the contact details that you have supplied;
- you have not made a request for payment; or
- you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.
- Currency conversions: Whenever we make a payment to you as a seller, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
- Holding earnings: If we decide that an item of yours does not comply with an applicable law or any of our rules or guidelines, including the ExcelTops Market Terms and these Seller Terms, we can at our discretion disable the item or your membership. See our Intellectual Property Policyfor more information. We may also hold any earnings on that item or your account for up to two years, and may release those held earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.
The ExcelTops Market Terms have some important details about how our dealings with you might be restricted or your earnings forfeited. Please look closely at sections 55-56 of the ExcelTops Market Terms.
- Taxes that apply to our supplies:
- Any fees paid by you for supplies made to you by ExcelTops in connection with these terms exclude Australian GST (unless expressly stated otherwise on the site). If we make a supply under or in connection with these terms on which Australian GST is imposed, any applicable fee that we charge for that supply is increased by, and you must also pay to ExcelTops, an amount equal to the GST payable by ExcelTops on that supply.
- Taxes that apply to your supplies:
- As a seller on ExcelTops Market, you are responsible for paying any taxes that apply (with the exception of VAT in an EU Member State, GST in Australia and in respect of specific “marketplace states” in the United States).
- ExcelTops will charge, collect and account for:
- VAT in an EU Member State when a buyer is located in an EU Member State and does not provide a valid EU VAT Identification number. When a buyer is located in an EU Member State and does provide a valid EU VAT Identification Number, it is the buyer’s responsibility to self-account for VAT. It is not your responsibility as a seller to account for VAT when a buyer is located in an EU Member State.
- GST in Australia when a buyer is located in Australia. ExcelTops is registered for Australian GST and you authorize ExcelTops to issue tax invoices in respect of any supplies (including license sales) made by you to Australian buyers.
- Sales tax when a buyer is located in a “marketplace state” in the United States. We explain which states are marketplace states and what we do in respect of those states here.
- If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being a seller. If so, we will give you relevant documentation that’s required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
- We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate. Information or documentation may be collected by one ExcelTops Company and disclosed to or handled by another ExcelTops Company. We or another ExcelTops Company may disclose or submit your information to regulators and government sellerities in connection with our compliance procedures and obligations.
- Invoices: We will issue invoices (or in some cases tax invoices) for transactions between sellers and buyers on ExcelTops Market.
Find out more information on tax as it applies to sellers in these Help Centre articles:
Your warranties and responsibilities:
- As a seller you warrant to us and each buyer of your items that:
- the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
- the item matches the description given by you on the item preview page, as well as any item preview;
- you will honor any express warranties given to buyers that are not contained in the ExcelTops Market Terms;
- you have rights necessary to license that item on the terms of the applicable license;
- the buyer’s use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- where relevant, you have the appropriate model or property release for your item and you can produce a copy of that model or property release when requested by us or a buyer of your item; and
- you will process a buyer’s information in accordance with applicable privacy law and data protection regulations.
- If you make your items available on ExcelTops Market for free, then the warranties you make to buyers also apply to anyone who downloads your item from ExcelTops Market. In certain circumstances, we may also allow a buyer to purchase an item for another member, and in this case, you also agree that these warranties apply to the member for whom the item is purchased.
- You give an indemnity (legal protection) to and are liable to each buyer of your items as stated in sections 51-52 of the ExcelTops Market Terms.
As a seller you have responsibilities to us and buyers of your items. Take a moment to understand your responsibilities!
- As a seller you warrant to us that:
- you will not use ExcelTops Market to offer non-ExcelTops goods or services to buyers;
- you will not buy your own items;
- you will follow any seller guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
- information and documentation, you give us (like your name and address) is accurate; and
- where you have marked an item as ‘supported’, you will provide buyers of your item with support for the included support period and any support extension period purchased, unless we agree otherwise.
- Buyers’ use of your item: We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your item contrary to the ExcelTops Market Terms or the item’s license.
- Other sellers and affiliates’ use of your item: An ExcelTops affiliate can use your item thumbnail previews in their promotion of the ExcelTops Market and no compensation is due for these uses. A fellow seller may use a watermarked preview of your item in a preview of another item on any ExcelTops Company site without requiring your permission and without compensating you. The watermarked item is credited either by providing a link to your item on the ExcelTops Market or by otherwise attributing your ExcelTops Market item to you.
- Our use of your item: We may use the whole or part of your items to promote ExcelTops. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
- Item removal: We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep the ExcelTops Market fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.
- In order to facilitate a transaction on ExcelTops Market, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that ExcelTops Market transaction in compliance with applicable privacy and data protection laws.
- If, over and above what ExcelTops provides you with, a member or a model (via a model release) voluntarily provides you with (or your item accesses or uses) usernames, passwords, photo identification or other personal information of the member or model (personal information), you must:
- provide a privacy notice, making the member or model aware of their personal information that you will receive and how you will handle that information;
- obtain the member’s or model’s permission to use their personal information;
- use the personal information only for the limited purposes for which the member or model gave permission; and
- meet any privacy and spam law requirements that apply to you.
- Relationship between us and you:Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:
- for receiving Buy Now payments from buyers (the buyer’s obligation to pay you for an item will be met when they make a Buy Now payment to us or an ExcelTops Company);
- for passing on your warranties to buyers made in section 22 of the ExcelTops Market Terms;
- for limiting your liability to buyers in sections 50-51 of the ExcelTops Market Terms.
a member who makes items available for sale on ExcelTops Market.
is what you are charged by ExcelTops for use of our platform and services as a seller.
the fee for the services buyers get from ExcelTops like 24/7 buyer support, fraud protection, item quality control and other related buyers services.
the price a buyer pays for an item as detailed in section 9.
the support provided by you to buyers of items you choose to support, as detailed in the item support policy.
EU Member State
means the countries listed here: https://europa.eu/about-eu/countries/index_en.htm
is the price you see on an item page on ExcelTops Market and is made up of the item price and buyer fee.
Go forth and seller!
We’re very glad you’ve made it to the end of this important document. You can head over and read the Seller Guide which will run through all the practical and operational stuff you’ll need to know.
We wish you all the very best in selling your items on the ExcelTops Market.