Terms & Conditions, Refund Policy, Pricing & Promotion Policy.
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".
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.
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 Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.
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.
Gig / Gigs are services offered on Banigig.
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.
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.
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 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.
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 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.
Banigig Sellers have access to several exclusive features that help customize the way their services can be offered.
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.
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.
A Banigig Studio allows certain Sellers to collaborate with each other and offer Buyers a multi-service Gig (a "Studio Gig").
Studio Lead: Certain selected Sellers may lead and operate Banigig Studios as Studio Leads. Studio Leads are chosen manually by Banigig through an ongoing review process based on seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more. The Studio Lead is responsible for inviting all Studio Members and managing all incoming Orders, from communicating with the Buyer, through handling any required revisions and until the final delivery. The Studio Lead can also remove Studio Members from Studio Gigs at any time. With respect to open Orders, however, Studio Members can be removed by Customer Support only.
Studio Members: A Studio Lead can invite other Sellers who were also chosen by Banigig to be eligible for Studios collaboration (each, a "Studio Member") to join their Studio Gig and be assigned to a specific service. Studio Members can ask to be removed from a Studio Gig at any time.
Studio Gigs: A Studio Gig provides a bundle of services (from two services and up to five) within one Gig. A Studio Gig's minimum price is US$100. As Studio Gig is comprised of several services, every service includes its own pricing, pricing factors, and a Studio Member / Lead that is accountable for such service, all of which is defined by the Studio Lead when creating the Studio Gig. Banigig Studios may also offer Custom Offers.
Limitations: Each Banigig Studio has one Studio Lead. Similarly, a Studio Lead may not operate more than one Banigig Studio. A Banigig Studio can offer up to five Studio Gigs, each comprised of up to four Studio Members in addition to the Studio Lead. Studio Members may not be assigned to more than three Studio Gigs.
Studio Gig Reviews: Studio Gig Buyers are able to leave a public review on the Studio Gig as if it were a regular Gig. The public buying rating & review is linked to and visible on the Studio Gig page, the Banigig Studio itself (studio page), as well as all Studio Members and Studio Lead of that Banigig Studio.
Revenues: Banigig accredits the Studio Members and Studio Lead only when the entire order is completed. Studio Members should note that an Order may be cancelled due to reasons that are beyond their control (a malperformance of another Studio Member for example). If an order is cancelled for any reason, the funds paid will be returned to the Buyer's Banigig Balance. As with any other Order, Revenues are only made available for withdrawal by the Studio Members following a safety clearance period of either 14 or 7 days after the Order is marked as Complete, depending on the Studio Lead's Level Status or classification (Level 1, Top Rated, Pro, etc.).
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.
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$.
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.
In most locations, Gigs may be purchased on Banigig by using one of the following payment methods: Credit Card, PayPal, Banigig Credits or existing Banigig Balance. Additional payment methods may apply in certain locations.
Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees. As of May 2018, the current fees assessed to the total purchase amount are $2 on purchases up to $40 and 5% on purchases above $40.
Your existing Banigig Balance will be automatically applied to your next purchase.
You may not offer Sellers to pay, or make payment using any method other than through the Banigig.com site.
To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Banigig or Banigig's Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments.
By using any payment method and/or providing payment details for making purchases on Banigig, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Banigig; and (d) such actions do not violate any applicable law.
Buyers may pay on Banigig in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Banigig's Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ 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 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.
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.
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.
Using the Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the Deliver WorkÃâÃÂ button when an order was not fulfilled may result in a cancellation of that order after review, affect the Seller's rating and result in a warning to Seller.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Adult Services & Pornography - Banigig does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Banigig should be friendly, constructive, and professional. Banigig condemns bullying, harassment, and hate speech towards others. We allow 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.
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.
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. Sellers 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 Banigig will not be protected by our Terms of Service.
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.
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.
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 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.
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
The Short Version
At Banigig we care about your privacy. We do not sell or rent your personal information to third parties for their direct marketing purposes without your explicit consent. We do not disclose it to others except as disclosed in this Policy or required to provide you with the services of the Site and mobile applications and its related sites, applications, services and goods , meaning - to allow you to buy, sell, share the information you want to share on the Site; to contribute on the forum; pay for products; post reviews and so on; or where we have a legal obligation to do so.
We collect information that you provide us or voluntarily share with other users, and also some general technical information that is automatically gathered by our systems, such as IP address, browser information and cookies to enable you to have a better user experience and a more personalized browsing experience.
We will not share information that you provide us in the process of the registration - including your contact information - except as described in this Policy.
Information that you choose to publish on the Site (photos, videos, text, music, reviews, deliveries) - is no longer private, just like any information you publish online.
Technical information that is gathered by our systems, or third party systems, automatically may be used for Site operation, optimization, analytics, content promotion and enhancement of user experience. In accordance with applicable local law, we may use your information to contact you - to provide notices related to your activities, or offer you promotions and general updates, but we will not let any other person, including sellers and buyers, contact you, other than through your user profile on the Site.
Your personal information may be stored in systems based around the world, and may be processed by third party service providers acting on our behalf. These providers may be based in countries that do not provide an equivalent level of protection for privacy as that enjoyed in the country in which you live. In that case, we will provide for adequate safeguards to protect your personal information.
You can exercise your rights over your personal information, by opening a Customer Relations ticket. If you do not have an active Banigig account, please contact us at [email protected] More details about the rights applicable to you are in the long version of the Policy.
The above are just the highlights. We encourage you to read more about the information we collect, how we use it, understand the meaning of cookie (no, you can not eat it) and more in the long version of our Policy below.
The Longer Version
Banigig (including Banigig Inc., Fiver International Ltd. and its affiliates) respects your privacy and is committed to protect the personal information of its users - buyers, sellers, collaborators and other visitors browsing the Site (Users) as well as affiliates, influencers and other collaborators interacting with Banigig. We believe that you have a right to know our practices regarding the information we collect when you visit and/or use the Site. This Policy explains our privacy practices for the Site and services provided by Banigig as well as privacy practices that apply to affiliates, influencers and other collaborators who are individuals. By accessing and/or using the Site and its related sites, applications, services, goods and/or registering for a Banigig account and/or using it as a collaborator to share comments on a specific project and/or registering to our affiliate or influencer or similar program, you agree to the terms and conditions of this Policy, including to our collection, use, disclosure, processing and retention of your personal information. You can also learn how to limit sharing of information in this Policy.
Information We Collect
When you register to the Site, or use it as collaborator, and/or register to our affiliate or influencer or similar program, we ask you to provide certain personal information, including a valid email address, Facebook or google account log in details and username. We may ask you to provide or otherwise collect additional information that you provide us, such as, your profile details, physical address, telephone number or other contact details, financial information (such as payment method and credit card number), details about other social networks linked accounts, details about your listed gigs, purchases, education, profession and expertise, and additional authentication information (such as your government issued ID, passport, or driving license, as permitted by applicable laws and as detailed in our Seller Help Center at (Verifying Your Identity).
We also collect information about your communications with Banigig as well as communication with other users of Banigig.
In addition, we collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and gather, collect and record the information relating to such usage, including Geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behavior. We also collect supplemental information obtained from third parties such as demographic and navigation data, if applicable.
Additionally, in order to improve your online experience at Banigig, we have implemented impression reporting. While you view our ads, we gather user Global Unique Identifier, HTTP request data like, user agent, IP, host, url, country/continent from which request made, browser info, device/operating system/operating system version.
Once you register, your username and additional information regarding your activity is made public and is visible to all Users of the Site. This information includes photos you upload, your published portfolio, Gig information, ratings, and additional information you may choose to add to your profile.
How do we collect Information?
You directly provide us with most of the information we collect. You do this by filling out the registration details on the Site, linking to your Banigig account accounts of other social networks (please also see the External Links section below), completing application forms, skill tests and customer surveys (if any) as well as by posting and sharing additional information voluntarily. This can include information about sellers and their Gigs, User's location, education and profession, sharing of portfolio, ratings and feedbacks by buyers and anything you choose to add to your user profile.
We also collect information from third party vendors and/or partners and/or other commercially available sources such as data aggregators and public databases , who provide us data to supplement the information we collect about you, in accordance with applicable laws. For example, we may receive fraud warnings from service providers for our fraud prevention and risk assessment efforts.
If you link, connect, or login to your Banigig Account with a third-party service (e.g. Google, Facebook, LinkedIn), we receive certain information, such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
Do Not Track
How do we use the Information collected?
Where relevant under applicable laws, all processing of your personal information will be justified by a "condition" for processing. In the majority of cases, processing will be justified on the basis that:
you have provided your consent for us to use your personal information for a specific purpose;
our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);
the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or
the processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.
We will use your personal information for the following purposes:
to provide you with quality service and security, to operate the Site and to perform our obligations to you. For example, we use the information collected from you to verify your identity. We also use this information to establish and set up your account, verify or re-issue a password, log your activity, enable your communications with other members, provide customer support and contact you from time to time. The information helps us develop and improve our services to you and customize and personalize your experience (including by making gig suggestions, ranking search results, etc.).
to ensure marketplace integrity, prevent fraud and maintain a safe and secure marketplace. For example, we use your information to track and prevent fraudulent activities and other inappropriate activities and, monitor content integrity, conduct security investigations and risk assessments, verify or authenticate information provided by you, enforce our Terms of Service and comply with applicable laws. We conduct certain behavioural analytics to achieve the above objectives and in limited cases, if we detect activity that we think poses a risk to the Banigig marketplace, other users, our community, or third parties, automated processes may restrict or limit your ability to use Banigig.
to promote and advertise the Banigig Site and marketplace. For example, we use the information collected from you for the purpose of sending direct marketing messages (as detailed below), to show you information that may be of interest to you, to organize and facilitate referral programs, contests or other promotional activities or events.
to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.
We will ask for your consent before using information for a purpose other than those set out in this Policy.
We use your personal information to send you direct marketing communications about our products, services or promotions from Banigig that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements.
In most cases our processing of your personal information for marketing purposes is based on our legitimate interest, although some cases (such as where required by law) will be based on your consent.
We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.
How long do we keep your information?
We apply a general rule of keeping personal information only for as long as is required to fulfil the purpose for which it was collected. However, in some circumstances we may retain your personal information for longer periods of time. We may retain your information for the following purposes:
as long as it is necessary and relevant for our operations, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and
in relation to personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions as permitted by law.
Children Under the Age of 13
Our Site is not intended for children under 13 years of age. No one under age 13 should provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. Parents and guardians should at all times supervise their children's activities. If we learn we have collected or received personal information from a child under 13, we will delete that personal information.
Sharing Personal Information with Third Parties
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
We combine your personal information with information we collect automatically or obtain from other companies and use it to improve and personalize our services, content and advertising and/or to prevent fraud.
We provide your personal details to third parties, only in order to operate the Site, provide our services to you, fulfill obligations imposed on us by applicable laws and regulations, and prevent fraud and illegal activities, as detailed below:
We share your information with service providers that provide us with services for the purpose of operating the Site, opening and operating your account as well as providing ancillary services (example - payment vendors, CRM systems, forum hosting, community management services, IT SaaS services, mailing systems or technical consultants). Our contracts with these service providers do not permit use of your information for their own (marketing) purposes. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal information and only process it in accordance with our instructions;
We will share your information to law enforcement agencies, public authorities or other organizations in order to respond to a subpoena or court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or personal safety of Banigig, our customers, or the public;
We share your information with payment processors, fraud detection agencies and similar third parties for the purpose of securing the site and protecting it against fraud, unauthorized transactions (such as money laundering), claims or other liabilities;
We share your information to help facilitate interactions between Users. For example if you are a Buyer we may share certain limited information about you (such as the fact it is your first purchase on Banigig) with the Seller to ensure the services you receive from the Seller will fit your needs; such sharing of information is limited in scope, will not include personal identifying information (PII) and is only intended to improve the services provided by the Seller and your user experience;
We share your information with Banigig corporate affiliates that are related by common control for the purpose of operating the Site, providing our services to you and for other purposes listed herein; and
Your personal information will also be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of Banigig's assets, acquisition, bankruptcy or similar event. In the event that we sell any business or assets, we will disclose your data to the prospective buyer. If we or substantially all of our assets are acquired by a third party, information held by us about our users will be one of the transferred assets.
Please note, your profile information and additional information regarding your activity is made public and is visible to all Users of the Site. When you publish your information and/or share your data with other Banigig Users, you do so at your own risk. While Banigig strives to protect your privacy and our Terms of Service require our Users not to use the data shared with them, Banigig cannot ensure that all Users will do so.
Where We Store Your Personal Information
Some of the personal information you provide to us will be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions, such as the United States and Israel, whose laws may differ from the jurisdiction in which you live. Whether to third parties or internally, any transfers of personal information from the European Economic Area to countries not deemed to provide an adequate level of data protection are governed by European Union (EU) standard contractual clauses, or in the case of the United States, the EU - US Privacy Shield, and/or equivalent data transfer regulations to protect the security and confidentiality of personal information. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy.
When you visit the Site, we use industry-wide technologies such as "cookies" (or similar technologies), which store certain information on your computer and which will allow us, among other things, to enable automatic sign-in to the Site, make your browsing much more convenient and effortless and allow us to test user experience and offer you personalized browsing or promotions. By continuing to use this Site, you are agreeing to our placing cookies on your computer or device in accordance with the terms of this Policy.
The following is a more detailed explanation of the types of cookies we use:
Necessary cookies are essential and help you navigate the Site. This helps to support security and basic functionality and are necessary for the proper operation of the Site, so if you block these cookies we can't guarantee your use or the security during your visit.
Performance cookies help us to understand the behavior of users of the Site. This allows us to continuously improve the Site to provide the best information in support of our project aims. These cookies are also used to help us understand how effective our Site is; for instance these cookies tell us which pages visitors go to most often and if they get error messages from web pages. All of the information that these cookies collect is aggregated, to assist us to improve how the Site works. Some of these cookies are managed by third parties, and you may refer to the third parties' own website privacy notifications for further information. In particular, we use Google Analytics cookies to obtain an overall view of user habits and volumes, and to help improve the overall experience on the Site. Google Analytics is a third-party web analysis service provided by Google Inc, which uses performance cookies and targeting cookies. The information generated by these cookies about your use of the Site (including your IP address) will be transmitted to and stored by Google Inc on servers in the United States.
If you prevent these cookies, we cannot guarantee how the Site will perform for you.
Blocking or Deleting Cookies
We shall store a cookie on your computer or device to remember this for next time, so that we can store your preferences and save you time on subsequent visits by eliminating the need to repeatedly enter the same data. You may set your browser to block all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. You should do this through the browser settings for each browser you use. Please be aware that some of our services will not function if your browser does not accept cookies. However, you can allow cookies from specific websites by making them "trusted websites" in your internet browser.
The following links may assist you in managing your cookies settings, or you can use the 'help' option in your internet browser for more details:
Adobe (flash cookies)
Information on deleting or controlling cookies is also available at www.aboutcookies.org (note that this website is not provided by Banigig, and we therefore cannot ensure its accuracy, completeness or availability). It is important to remember that many of our services may not function properly if your cookies are disabled. For example, cookies may, in certain cases, save you from the need to enter usernames and passwords, and allow session continuity.
We take great care in maintaining the security of the Site and your information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. Among other things, we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification (with respect to payment by credit cards). In addition, we contractually ensure that any third party processing your personal information equally provide for confidentiality and integrity of your data in a secure way. However, the transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party.
Further information about our data security practices can be provided on request.
In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection.
We will ask you for additional data to confirm your identity and for security purposes, before disclosing data requested to you. We reserve the right to charge a fee where permitted by law. We will decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we will retain where necessary certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.
Updating Your Information
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it - unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we will ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information, please contact Banigig's Customer Support and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.
You can review and change your personal information by logging into the Site and visiting your account profile page.
If you delete your User Generated Content , as defined in the Banigig Terms of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by our Terms of Service.