Terms and Condition Last update 3 months ago

Welcome to Banigig.com.

The following terms of service (these "Terms of Service"), govern your access to and use of the Banigig website, including any content, functionality and services offered on or through www.banigig.com (the "Site") by Banigig International Internet Company. Banigig International Ltd. and its subsidiaries are collectively referred hereto as "Banigig" "we" or "us".

Please read the Terms of Service carefully before you start to use the Site. 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, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Banigig services. 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.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service.

Key Terms

Buyers are users who purchase services on Banigig.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Disputes are disagreements experienced during an order between a Buyer and Seller on Banigig.

Banigig Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.

Banigig Credits are credits that Banigig may provide users to be used only for purchases on Banigig, subject to these Terms of Service or any other applicable laws and/or terms.

Gig Extras are additional services offered on top of the Seller's Gig for an additional price defined by the Seller.
Gig Page is where the Seller can describe their Gig and the Gig's terms, and the Buyer can purchase the Gig and create an order.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller's Gig Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Banigig platform, including with respect to collection of funds from Buyers in connection with the purchase of Gigs, remittance and withdrawal of funds to Sellers in connection with completed Gigs, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Banigig Balances.
Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase Gigs on Banigig, subject to these Terms.
Sellers are users who offer and perform services through Gigs on Banigig.
Overview (Main terms, in a nutshell)
Only registered users may buy and sell on Banigig. Registration is free.
Gigs on Banigig may be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5 as determined by the Seller.
Buyers pay Banigig in advance to create an order (see Purchasing Section below regarding payment terms).
Orders are purchased through the Order button found on a Seller's Gig page or through a Custom Offer.
For fees and payments please read the purchasing section.
Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers reputation and status.
Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.
Users may not offer or accept payments using any method other than placing an order through Banigig.com.

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

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

Sellers

Sellers create Gigs on Banigig to allow Buyers to purchase their services.Sellers may also offer Custom Offers to Buyers in addition to their Gigs.

Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.

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

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. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.

Sellers may not promote their Gigs or any Banigig content via the Google Ads platform.

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

For security concerns, Banigig 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 Buyers, or associating multiple Banigig accounts to a single withdrawal provider.

Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT 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 Gig 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 Banigig 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 Banigig shall be considered the same as payment made directly to Seller.

Buyer's payment obligation to Seller will be satisfied upon receipt of payment by Banigig (or its Payment Services Provider, as applicable), and Banigig (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Banigig (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Banigig and not the Buyer directly. Seller agrees that Banigig 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 Banigig may deem necessary or prudent.

Banigig partners with Payment Services Providers for purposes of collecting Gig-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the Banigig platform are performed by Banigig's Payment Services Providers.

Sellers 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.

Gigs

Sellers are allowed to post a select amount of active Gigs based on their Level status.

7 Gigs for Sellers without a Level status.

10 Gigs for Level 1 Sellers.

20 Gigs for Level 2 Sellers.

30 Gigs for Top Rated Sellers.

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

Illegal or Fraudulent services
Adult oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of Gigs
Spam, nonsense, or violent or deceptive Gigs
Gigs misleading to Buyers or others
Reselling of regulated goods
Offering to prepare academic works on behalf of Buyers
Services that extend beyond 30 days of service duration
Exceedingly low quality Gigs
Promoting Banigig and/or Banigig Gigs through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
Gigs that are removed for violations mentioned above, may result in the suspension of the Seller's account.
Gigs that are removed for violations are not eligible to be restored or edited.
Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Banigig's Terms of Service, will be removed.
Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don't match the quality shown on the Gig images may lead to the Seller's account losing Seller status or becoming permanently disabled.
Gigs may contain an approved Gig Video uploaded through the Gig management tools available on Banigig.
Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.

Gig Extras

Gig Extras are additional services offered on top of the Seller's Gig for an additional price defined by the Seller.

Gig Extras may be removed for violations of our Terms of Service. For specific terms, please see the Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Gig Extras.

The amount of Gig Extras, which can be offered, and the price for each Gig Extra, is based on your Seller Level.

Services offered through Gig Extras must be related to the base service and part of the deliverables on the order.

Gig Extras may cover different categories of services that are components to a higher quality delivered service.

Sellers have the option to extend the duration of an order for each Gig Extra that is added to the order. This is to cover the time needed to complete the extra service.

Levels

Banigig is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Banigig may reward them with new statuses, special opportunities, benefits, and tools that come with it.

Banigig Sellers can gain account Levels based on their activity, performance and reputation.

Advancement in Levels are updated periodically by an automated system.

The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.

Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller's account and cancellations can cause a Seller to move to a different Level.

Advanced levels provide their owners with additional benefits, including offering gigs for higher prices through Gig Extras, or selling their Gig in multiples.

Top Rated Sellers

Top Rated Sellers are chosen manually by Banigig editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.

Top Rated eligibility is constantly evaluated by Banigig to ensure that the quality standards and expectations of the Top Rated selection is kept. Banigig retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Top Rated status and the benefits that come with it.

Pro Sellers

Pro Sellers are pre-verified professionals who undergo a vetting process by Banigig editors. Applying for Banigig Pro is open to everyone: professional freelancers who are new to Banigig, as well as existing Banigig Sellers.

Pro Sellers eligibility is constantly evaluated by Banigig to ensure that the quality standards and expectations of the Pro Seller selection is kept. Banigig retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.

Seller Features

Banigig Sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

Sellers can also send Custom Offers addressing specific requirements of a Buyer.

Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.

Custom Offers are sent from the conversation page.

Services provided through Custom Offers may not violate Banigig's Terms of Service.

Project Milestones

Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer's description and timelines.

A milestone is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the order will be stopped and all further milestones will be cancelled.

Once a milestone is delivered, Buyers may choose to either continue with the order and pay for the next milestone, or to stop the order. Please note that if you choose to stop the order, the current delivered milestone will not be cancelled.

Banigig Anywhere

Banigig Anywhere is a feature that allows Sellers to send Custom Offers outside of Banigig.

Services offered through Banigig Anywhere must comply with our Terms of Service.

Users accessing and purchasing from a Banigig Anywhere offer that are not already members of Banigig, will be required to register with Banigig to create an order.

Sellers are required to deliver proof of completion of services in the order page. Please see our Orders section for further details.

Communication for handling orders should be performed on Banigig, through the order page. Users who engage and communicate off of Banigig will not be protected by our Terms of Service.

Sellers earn 25% of revenue from the Stock Images Extra, for completed orders only.

Important: Each selected Stock Image is authorized for a one time use. The selected image is integrated with the delivered work only and not as a stand-alone or for recurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party.

Important: If you cancel an order that includes a Stock Image, the usage of that Stock Image will be cancelled as well and you will no longer be able to use the Stock Image Extra on the same order.

When using Stock Images, you represent and warrant the following:

You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.

Stock Image(s) may not be used:

on a stand-alone basis with no other content;

for pornographic, defamatory or other unlawful purposes;

as templates used to create multiples copies of the same Gig;

for the purpose of enabling file-sharing of the image file; or

in logos, trademarks, services marks or any other branding or identifiers.

If Stock Images featuring individuals is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.

You may not activate the right-click function in Stock Images, remove any metadata in Stock Images, or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Images on a stand-alone basis.

No ownership or copyrights to Stock Images are granted to you.

Shipping Physical Deliverables

Some of the services on Banigig are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

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

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

Important: Buyers who purchase Gigs 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.

Banigig 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.

Withdrawing Revenues

To withdraw your revenue, you must have an account with at least one of Banigig's Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Banigig's Payment Services Provider. All payment services, including withdrawal services will be provided by Banigig's Payment Services Provider.

Your Banigig profile can be associated with only one account from each Banigig withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Banigig 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. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.

To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process

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, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Banigig's Payment Services Providers. Your Banigig Balance is always derived from its US$ value and, therefore, the local currency amount of your Banigig Balance may change daily in accordance with exchange rates fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in US$.

Buyers

You may not offer direct payments to Sellers using payment systems outside of the Banigig Order system.

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

Buyers may request a specific service from the Post a Request feature. Services requested on Banigig must be an allowed service on Banigig. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Banigig.

Buyers pay Banigig to create an order from a Seller's Gig page or Custom Offer, using the Order Now button. Banigig partners with Payment Services Providers for purposes of collecting Gig-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Banigig Balances. All payments services in connection with the collection of funds on the Banigig platform are performed by Banigig's Payment Services Providers.

Banigig 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 Banigig (or its Payment Services Provider, as applicable), and Banigig (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Banigig (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Banigig and not the Buyer directly.

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

You may not offer Sellers to pay, or make payment using any method other than through the Banigig.com site.

To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Banigig or Banigig's Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments.

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

Local Currencies

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

Buyers should note that the Gigs pricing is 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 Banigig 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 Banigig Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Banigig Balance in any currency other than US$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US$ value. Users always have the option to view their Banigig Balance in US$ by changing their selected displayed currency.

Business Tools

Business Tools helps you and your team to better manage your purchases and projects on Banigig. Through Business Tools, 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 Banigig 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 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 solely according to the billing information defined by the administrator.

Taxes

Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the Gig price shown on the Gig page.

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 Banigig order number (#FO).

Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Gig.

An order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the order was marked as Delivered.

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves.

Handling Orders

When a Buyer orders a Gig, the Seller 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 Gigs. Failing to do so will allow the Buyer to cancel the order when an order is marked as late and may harm the Seller's status.

Sellers 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. Banigig will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Buyers may use the "Request Revisions" feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the Seller's description on their Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

Feedback reviews provided by Buyers while completing an order are an essential part of Banigig's rating system. Reviews demonstrate the Buyer's overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller 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.

To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Banigig platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Banigig 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 Seller's Gig page.

Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller's Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.

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

Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the order will be considered completed.

Users are allowed to leave reviews on orders up to 10 days after an order is marked as complete. No new reviews may be added to an order after 10 days.

Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.

Disputes and Cancellations

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 Banigig's Customer Support department for assistance.

Order cancellations can be performed on Banigig, 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 to 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.

In the event that a Buyer or Seller encounters 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.

Banigig, 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 for the Gig 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's Banigig 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 offered to Buyers, 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.

Order Cancellations

Banigig encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.

Eligibility for requests to Banigig to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Banigig delivery system. See below for Order specific eligibility.

Completed orders (or, where applicable, completed milestones) may be cancelled, 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 cancelled (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 cancelled order will be returned to the Buyer's Banigig Balance and will be deducted from the Seller's Banigig Balance or, if there are no sufficient amounts in the Seller's Banigig Balance, from future revenues of such Seller.

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 Gig page. Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.

Buyers must use Banigig Resolution Center to address their 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 Buyers 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 Banigig.

Any non-permitted usage of Banigig 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 to Banigig's Terms of Service.

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

Active Orders (after the Buyer submits their requirements and before the Seller delivers on Banigig)
The Seller 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 the Buyer requirements or the Seller's delivery.
The user is no longer an active Banigig 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)
The Seller 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 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.
The Seller requests additional payments, on or off the Banigig platform, by withholding the final delivery of services directly related to the agreed requirements.
The Seller is withholding the final delivery of services for improved ratings.
Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
Buyers 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)
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. Note: Terms of Commercial use is found on the Seller's Gig page and cannot be retroactively included once the order is completed for over 14 days.
Banigig Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

Banigig does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's Banigig Balance and are available for future purchases on Banigig. Until January 1, 2019, funds returned to your Banigig Balance from cancelled orders will not include service fees paid. As of January 1, 2019, Banigig returns service fees to your Banigig Balance once an order is cancelled. In any event, if the service fees were not returned to your Banigig Balance following an order cancelation, such service fees amount will be exempted from your next purchase on Banigig.

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.

Banigig Credits

In certain instances, Banigig may offer you 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 Banigig 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, Banigig Credits expire following three months from their receipt. Banigig Credits serve only as an incentive to use Banigig, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Banigig Credits may not be returned to your account even if your Order gets cancelled. Banigig 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. Banigig reserves the right to modify or cancel the Banigig Credits program at any time. If you or Banigig deactivate or suspend your Banigig account, any unused Banigig Credits in your account will be forfeited.

User Conduct and Protection

Banigig enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Banigig reflect the diversity of an expanding Gig economy. Members of the Banigig community communicate and engage through orders, social media, and on Banigig's Community Forums.

Banigig maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Banigig. This section relates to the expected conduct users should adhere to while interacting with each other on Banigig.

To report a violation of our Terms of Service, 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 Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Banigig in order to circumvent or abuse the Banigig messaging system or Banigig platform is not permitted.

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

Banigig does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the order page.

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

All information and file exchanges must be performed exclusively on Banigig'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.

Banigig 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 Banigig to contract, engage with, or pay outside of Banigig.

Orders

Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.

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

Banigig 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, Banigig (or one of Banigig's Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.

Gigs

Users may report Gigs to Customer Support that may be in violation of Banigig's Terms of Service based on the reported Gig's replicated similarity to pre-existing services (copycat Gigs).

Sellers warrant that any content included in their Gigs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Gigs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs.

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

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety 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 lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Phishing and Spam - Banigig takes the matter its members security seriously. 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 Gigs or orders.

Authentic Banigig Profile - You may not create a false identity on Banigig, misrepresent your identity, create a Banigig 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. Banigig 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.).

Intellectual Property Claims - Banigig 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 Banigig for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

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, or mislead the Banigig community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Banigig's Terms of Service is 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 Banigig. This includes creating new multiple accounts to harass members through our message or ordering system.

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

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Banigig and protected by copyright and trademark law. Banigig, Gigand Gigs are all registered trademarks owned exclusively by Banigig. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

General Terms

Banigig reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.

Violation of Banigig's Terms of Service may get your account disabled permanently.

Users with disabled accounts will not be able to sell or buy on Banigig.

Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

Users have the option to enable account Security features to protect their account from any unauthorized usage.

Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

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 Banigig's approval.

Disputes should be handled using Banigig's dispute resolution tools ('Resolution Center' on the order page) or by contacting Banigig Customer Support.

Banigig may make changes to its Terms of Service from time to time. When these changes are made, Banigig will make a new copy of the terms of service available on this page.

You understand and agree that if you use Banigig after the date on which the Terms of Service have changed, Banigig will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Banigig by our users (Buyers and Sellers) is User Generated Content. Banigig does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Banigig is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers or otherwise). We provide no warranty with respect to the Gigs, their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Gigs service offers.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Banigig. Sellers advertising their Gig online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig and may lead to the suspension of Seller's account.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the Seller's Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.

Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Banigig, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Banigig for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

When purchasing a Voice Over Gig, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV "paid channels" including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to Banigig's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Banigig will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Commercial Use License

By purchasing a Commercial Use License with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. Permitted Commercial Purposes means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Banigig's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Banigig will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

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 Banigig NOR ANY PERSON ASSOCIATED WITH Banigig MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided "as is". No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Limitation on Liability

IN NO EVENT WILL Banigig, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH