The following terms (these “Payment Terms”) govern payments you make or receive through www.koboGiGs.com (the “Site”), operated by KoboGiGs. These Payment Terms are between you and KoboGiGs.
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 KoboGiGs’s general terms of service (the “Terms of Service”)
Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.
KoboGiGs Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from canceled orders as a Buyer and/or your KoboGiGs Business Balance (as defined in the KoboGiGs Business Terms).
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the KoboGiGs platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with KoboGiGs Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on KoboGiGs, subject to these Terms.
· Each Gig you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
· KoboGiGs accredits Sellers 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 Buyer’s KoboGiGs Balance.
· Sellers are responsible for paying any direct or indirect taxes, including any VAT or otherwise, which may apply to them depending on residency, location or the billing information they provide in their account settings. 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 Gig page is inclusive of all such taxes and charges that may apply to the Sellers.
· Appointment as Limited Payment Collection Agent: Seller hereby appoints KoboGiGs as Seller’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 Seller. Seller agrees that payment from Buyer to KoboGiGs shall be considered the same as a made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by KoboGiGs (or its Payment Services Provider, as applicable), and KoboGiGs (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that KoboGiGs (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against KoboGiGs and not the Buyer directly. Seller agrees that KoboGiGs 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 KoboGiGs may deem necessary or prudent.
· KoboGiGs partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with KoboGiGs Balances. All payments services in connection with the withdrawal of funds on the KoboGiGs platform are performed by KoboGiGs’s Payment Services Providers.
· To withdraw your revenue, you must have an account with at least one of KoboGiGs'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 KoboGiGs’s Payment Services Provider. All payment services, including withdrawal services, will be provided by KoboGiGs’s Payment Services Provider.
· Your KoboGiGs profile can be associated with only one account from each KoboGiGs withdrawal method. A Payment Service Provider withdrawal account can be associated with only one KoboGiGs profile.
· Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 7 days after the order is marked as complete.
· Sellers may withdraw their revenues using one of KoboGiGs’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, KoboGiGs may temporarily disable a Seller’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 KoboGiGs 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.
· Sellers 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 KoboGiGs's approval.
· Local Bank Transfer (LBT) – N50 per transfer*.
· Buyers pay KoboGiGs to create an order from a Seller’s Gig page or Custom Offer, using the Order Now button. KoboGiGs partners with Payment Services Providers (Paystack, and Local Banks) for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with KoboGiGs Balances. All payments services in connection with the collection of funds on the KoboGiGs platform are performed by KoboGiGs’ Payment Services Providers.
· KoboGiGs serves as Seller’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 Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by KoboGiGs (or its Payment Services Provider, as applicable), and KoboGiGs (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that KoboGiGs (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against KoboGiGs and not the Buyer directly.
· Purchases on KoboGiGs can be made by using the following payment methods: MasterCard or Visa Debit/Credit Card issued by any bank, Balance.
· 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 Sept 2020, the current fees assessed to the total purchase amount are N500 on purchases up to N50,000 and 5% on purchases above N50,000.
· Your existing KoboGiGs Balance will be automatically applied to your next purchase.
· You may not offer Sellers to pay, or make payment using any method other than through the KoboGiGs.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
· By using any payment method and/or providing payment details for making purchases on KoboGiGs, 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 KoboGiGs; and (d) such actions do not violate any applicable law.
· Buyers may be charged with indirect taxes (such as Sales Tax, VAT) depending on the billing information provided by the Buyer and the applicable laws of their billing location, and, if no billing information was provided, depending on their location and the applicable laws of such location. All 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 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.
In certain instances, KoboGiGs may offer you credits (“KoboGiGs Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Gigs and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid KoboGiGs Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, KoboGiGs Credits expire following three months from their receipt. KoboGiGs Credits serve only as an incentive to use KoboGiGs, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, KoboGiGs Credits may not be returned to your account even if your Order gets canceled. KoboGiGs Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. KoboGiGs reserves the right to modify or cancel the KoboGiGs Credits program at any time. If you or KoboGiGs deactivate or suspend your KoboGiGs account, any unused KoboGiGs Credits in your account will be forfeited.
We encourage our Buyers and Sellers 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 KoboGiGs's Customer Support department for assistance here.
· Order cancellations can be performed on KoboGiGs, when eligible, by Customer Support 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.
· KoboGiGs, 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 Buyer 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 Buyer’s KoboGiGs Balance.
· Revisions to deliveries can be performed by Sellers based on the Seller’s Gig and customer care. Sellers 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 Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.
· KoboGiGs encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
· Eligibility for requests to KoboGiGs 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 KoboGiGs 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 Buyer’s KoboGiGs Balance and will be deducted from the Seller’s KoboGiGs Balance or, if there are no sufficient amounts in the Seller’s KoboGiGs Balance, from future revenues of such Seller.
· Orders are not eligible to be canceled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Gig Page. You may rate your experience with the Seller on the Order Page, including the overall level of service quality received.
· You must use KoboGiGs Resolution Center to address your concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of KoboGiGs.
· Any non-permitted usage of KoboGiGs 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 KoboGiGs’s Terms of Service.
· KoboGiGs Customer Support will cancel orders based on, but not limited to, the following reasons:
Active orders (after requirements were submitted to the Seller and before the Seller delivers on KoboGiGs):
1. The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
2. Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
3. Users supplied or included copyright/trademark infringing materials as part of their requirements or the Seller’s delivery.
4. The user is no longer an active KoboGiGs user due to Terms of Service violations or closure of their account.
Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
1. The Seller 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.
2. The Seller 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.
3. The Seller requests additional payments, on or off the KoboGiGs platform, by withholding the final delivery of services directly related to the agreed requirements.
4. The Seller is withholding the final delivery of services for improved ratings.
5. Users who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
6. Users who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
Completed Orders (after the order is marked as complete and before the 14-day limitation)
1. Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
2. 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 Seller’s Gig Page and cannot be retroactively included once the order is completed for over 14 days.
3. KoboGiGs 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.
KoboGiGs reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, KoboGiGs (or one of KoboGiGs’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.
· KoboGiGs does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's KoboGiGs Balance and are available for future purchases on KoboGiGs. Until Sept 30, 2020, funds returned to your KoboGiGs Balance from canceled orders will not include service fees paid.
· 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.
· KoboGiGs may make changes to these Payment Terms from time to time. When these changes are made, KoboGiGs will make a new copy of the terms available on this page.
· You understand and agree that if you use KoboGiGs after the date on which the Payment Terms have changed, KoboGiGs will treat your use as acceptance of the updated Payment Terms.
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 KOBOGIGS NOR ANY PERSON ASSOCIATED WITH KOBOGIGS 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.
IN NO EVENT WILL KOBOGIGS, 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 SELLER, KOBOGIGS AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
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 KoboGiGs, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.