Terms of Service | www.geniesy.com

Last Update: August, 2020

THIS PAGE CONTAINS IMPORTANT INFORMATION SETTING OUT YOUR RIGHTS TO ACCESS AND USE INFORMATION ON THIS WEBSITE. BY ACCESSING AND/OR USING THIS WEBSITE YOU ARE DEEMED TO HAVE READ AND ACCEPTED THE TERMS AND CONDITIONS OF USE SET OUT BELOW.

The contents of this website are published and maintained by Geniesy Inc. ("Geniesy", "we" or "us"). By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference.

You understand that by using the site or site services after the effective date, you agree to be bound by the Terms of Service. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

Subject to the conditions set forth herein, Geniesy may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Geniesy will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If the Substantial Change includes an increase to Fees charged by Geniesy, Geniesy will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).

The copyright and other intellectual property rights in the material contained in this website (including its layout and organization) and any downloads from this website belong or are licensed to Geniesy Inc. or unless otherwise indicated. All such rights are fully reserved.

No material from this website may be posted, reproduced, copied, uploaded, transmitted or distributed in any way without the prior written permission of the copyright owner, except that you may download one copy of the material on any single computer and produce one printed copy for your personal, non-commercial use only and provided that any such copy has included reference to or attached to it any relevant disclaimers and/or proprietary notices.

All trademarks, service marks, images, brands, logos and trade names, whether registered or unregistered, are proprietary to Geniesy Inc. You may not reproduce, download or otherwise use such trademarks, service marks, images, brands, logos or trade names without the prior written consent of the appropriate owner thereof.

You are responsible for complying with all applicable copyright laws.

By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Main Terms

Geniesy retains the right to use all published delivered works for Fiverr marketing and promotion purposes.

Orders are purchased through the Order button found on a Consultant page or through a Custom Offer.

Only registered users may buy and sell on Geniesy. Registration is free.

Buyers pay Geniesy in advance to create an order (see Purchasing Section below regarding payment terms).

Users may not offer or accept payments using any method other than placing an order through Geniesy.com.

When purchasing a Service, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Service page.

Geniesy retains the right to use all published delivered works for Geniesy marketing and promotion purposes.

We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Users undertake to comply with Geniesy’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Geniesy community and marketplace in addition to these Terms of Service, as updated from time to time.

Consultants (Sellers)

Cosnultants create Services on Geniesy to allow Buyers to purchase their services.

Consultants may also offer Custom Offers to Buyers in addition to their Services.

Each Service you sell and successfully complete, accredits your account with a net revenue of 85% of the purchase amount.

If an order is cancelled (for any reason), the funds paid will be returned to the Buyer.

Consultants may not promote their Services or any Geniesy content via the Google Ads platform.

The Consultant's rating is calculated based on the order reviews posted by Buyers. High ratings allow Consultant to obtain advanced Seller levels. In certain cases, exceedingly low ratings may lead to the suspension of the Consultant’s account.

For security concerns, Geniesy may temporarily disable a Consultant’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Geniesy accounts to a single withdrawal provider.

Consultants are responsible for paying any direct or indirect taxes, including any GST or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Geniesy page is inclusive of all such taxes and charges that may apply to the Sellers.

Appointment as Limited Payment Collection Agent: Consultant hereby appoints Geniesy as Consultant’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Consultant.

Consultant agrees that payment from Buyer to Geniesy shall be considered the same as payment made directly to Consultant. Buyer’s payment obligation to Consultant will be satisfied upon receipt of payment by Consultant (or its Payment Services Provider, as applicable), and Consultant (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Consultant in the manner described in these Terms of Service.

In the event that Geniesy (via Payment Services Provider) does not remit any such amounts to Consultant, the Consultant will have recourse only against Consultant and not the Buyer directly. Seller agrees that Consultant 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 Buyers that Consultant may deem necessary or prudent.

Geniesy partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Consultant, and holding funds in connection with Geniesy Balances. All payments services in connection with the withdrawal of funds on the Geniesy platform are performed by Geniesy’s Payment Services Providers.

Consultants are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Services

Services may be removed from our Search feature due to poor performance and/or user misconduct.

Statements on the Service Page that undermine or circumvent these Terms of Service are prohibited.

Services and/or users may be removed by Geniesy from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

- Illegal or Fraudulent services

- Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy

- Adult oriented services, Pornographic, Inappropriate/Obscene

- Intentional copies of products

- Spam, nonsense, or violent or deceptive service or product

- Services misleading to Buyers or others

- Reselling of regulated goods

- Exceedingly low quality services or products

- Promoting Geniesy services or products through activities that are prohibited by any laws, regulations, and/or third parties'

partners.

Services that are removed for violations mentioned above, may result in the suspension of the Seller’s account.

Services that are removed for violations are not eligible to be restored or edited.

Shipping Physical Deliverables

Some of the services on Geniesy could be delivered physically (drawings, reports, etc.). For these items, Consultants may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

Services that include shipping costs must have physical deliverables sent to Buyers.

Shipping costs added to a service only pertains to the cost Sellers require to ship physical items to Buyers.

Buyers who purchase services that require physical delivery, will be asked to provide a shipping address.

Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.

Geniesy 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 resulting from shipping.

A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

Buyers

You may not offer direct payments to Consultants (Sellers) using payment systems outside of the Geniesy platform.

Geniesy retains the right to use all publicly published delivered works for Geniesy marketing and promotional purposes.

Buyers pay Geniesy to create an order from a Consultant’s Service page or Custom Offer. Geniesy may partner with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Geniesy balances.

Geniesy serves as Consultant's (or Sellers) limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Consultant. Buyer’s payment obligation to Consultant will be satisfied upon receipt of payment by Geniesy (or its Payment Services Provider, as applicable), and Geniesy (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Consultant in the manner described in these Terms of Service. In the event that Geniesy (via Payment Services Provider, if applicable) does not remit any such amounts to Consultant, the Consultant will have recourse only against Consultant and not the Buyer directly.

In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Consultants through the site.

In most locations, purchases on Geniesy can be made by using one of the following payment methods: Credit Card, PayPal, or existing Geniesy Balance. Additional payment methods may apply in certain locations.

You may not offer Sellers to pay, or make payment using any method other than through the Fiverr.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.

To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Geniesy or Geniesy’s Payment Services Providers.

By using any payment method and/or providing payment details for making purchases on Geniesy, 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 Geniesy; and (d) such actions do not violate any applicable law.

Buyers may pay on Geniesy in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Geniesy’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.

Buyers should note that all prices on Geniesy are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.

If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your Geniesy's 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.

Geniesy Business helps you and your team to better manage your purchases and projects on Geniesy. Through Geniesy Business, Buyers can create and manage business teams in which all members may use a shared payment method. Once a Buyer creates a business team, they become the sole owner and administrator of the team.

When inviting a Buyer to a business team, the administrator authorizes such Buyer to use the team’s shared payment method. Business teams may be subject to a monthly budget limitation, as defined by the administrator. Administrators can invite and remove Buyers at any time. It should be noted, however, that removing a Buyer from a business team does not delete or affect their Geniesy account in any way, but only removes them from the administrator’s business team.

Buyers are asked to confirm their invitation to a business team and provide their names and roles in business before joining. Buyers should note that all business team members have access to information about purchases made within the team through the shared payment method.

Invoices for purchases made by Buyers using the team’s payment method will be issued in the name of the business defined by the administrator and sent solely to the administrator.

Buyers may be charged with indirect taxes (such as Sales Tax) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Buyer before payment.

Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

Orders

Once payment is confirmed, your order will be created and given a unique Geniesy order number.

Consultants must deliver completed files and/or proof of work according to the service that was purchased and advertised on their Service.

We encourage our Buyers and Consultants to try and settle conflicts amongst themselves. Users can contact Geniesy Customer Support for assistance here.

When a Buyer orders a service, the Consultant is notified by email as well as notifications on the site while logged into the account.

Sellers are required to meet the delivery time they specified when creating their services. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Consultan's status.

Consultans must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.

Users are responsible for scanning all transferred files for viruses and malware. Geniesy will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Reviews

Feedback reviews provided by Buyers while completing an Order are an essential part of Geniesy's rating system. Reviews demonstrate the Buyer's overall experience with the Consultants and their service. Buyers are encouraged to communicate to the Consultants any concerns experienced during their active order in regards to the service provided by the Seller.

Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.

To prevent any misuse of our feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Geniesy platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Geniesy platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.

Feedback comments given by Buyers are publicly displayed on a Consultant’s service page.

Withholding the delivery of services, files, or information required to complete the service with the intent to gain favorable reviews or additional services is prohibited.

Disputes and Cancellations

We encourage our Buyers and Consultants to try and settle conflicts amongst themselves. If for any reason this fails users can contact Geniesy's Customer Support for assistance here.

Order cancellations can be performed on Geniesy, when eligible, by Customer Support.

Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. 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.

Geniesy, through its Payment Services Providers, 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 Buyer shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.

If an order is cancelled (for any reason), the funds paid will be returned to the Buyer.

Revisions to deliveries can be performed by Consultants based on the Consultant’s Service and customer care. Consultants may determine the amount of revisions offered to Buyers, including no revisions.

Eligibility for requests to Geniesy to cancel an order will be assessed by our Customer Support team 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 Geniesy delivery system. See below for Order specific eligibility.

Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Service Page. Buyers may rate their experience with the Consultant on the Order Page, including the overall level of service quality received.

Buyers must use Customer Support Center to address their concerns and desired resolution related to the service provided by their Consultant. Customer Support will not take any action against Orders where the Buyers failed to inform their Consultant of issues related to the Consultant’s service and will allow Consultants to provide a resolution first.

Any non-permitted usage of Geniesy encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Geniesy’s Terms of Service.

Geniesy Customer Support will cancel orders based on, but not limited to, the following reasons:

- 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 the Buyer requirements or the Consultant’s delivery.

- The user is no longer an active Geniesy user due to Terms of Service violations or closure of their account.

- The Consultant uses the delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.

- The Consultant delivers no files and/or proof of work related to the agreed upon order requirements.

- The Consultant requests additional payments, on or off the Geniesy platform, by withholding the final delivery of services directly related to the agreed requirements.

- The Consultant is withholding the final delivery of services for improved ratings.

- Buyers who threaten to leave a damaging review to gain more services from the Consultant not related to the agreed requirements.

- Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

- Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.

- Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, 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.

User Conduct and Protection

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.

To protect our users' privacy, user identities are kept anonymous. Requesting or providing telephone numbers, Email addresses, Skype/IM usernames or any other personal contact details to communicate outside of Geniesy in order to circumvent or abuse the Geniesy messaging system or Geniesy platform is not permitted.

Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.

Geniesy does not provide any guarantee of the level of service offered to Buyers.

Geniesy does not provide protection for users who interact outside of the Geniesy platform.

All information and file exchanges must be performed exclusively on Geniesy's platform.

Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.

Geniesy is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

Users may not submit proposals or solicit parties introduced through Geniesy to contract, engage with, or pay outside of Geniesy.

Users with the intention to defame competing Consultants by ordering from competing services will have their reviews removed or further account status related actions determined by Geniesy team.

Users are to refrain from spamming or soliciting previous Buyers or Consultants to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Consultants (Sellers) warrant that any content included in their services shall be original work conceived by the Consultants and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks.

Geniesy will respond to clear and complete notices of alleged copyright or trademark infringement.

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can becoming permanently disabled based on the severity of the violation.

Geniesy does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on Geniesy should be friendly, constructive, and professional.

Geniesy condemns bullying, harassment, and hate speech towards others.

Geniesy allows users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Consultants further confirm 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. Any users who engage and communicate off of Geniesy will not be protected by our Terms of Service.

Authentic Geniesy Profile - You may not create a false identity on Geniesy, misrepresent your identity, create a Geniesy profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Geniesy reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their services or orders.

Intellectual Property Claims - Geniesy will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use - You may not use Geniesy for any unlawful purposes or to conduct illegal activities.

Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages will be disabled. Mass account creation may result in disabling of all related accounts. Any violations of Geniesy’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Fiverr. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts - You may not buy or sell Fiverr accounts.