DPGigs Payment Terms

The following terms (these “Payment Terms”) govern payments you make or receive through www.dpgigs.com (the “Site”), operated by DUALpreneur LLC (PO Box 17, Dover, DE 19903, United States).

DUALpreneur LLC processes card payments from the U.S. We do not accept payments outside of the United States. DUALpreneur and its subsidiary, DPGigs, are collectively referred hereto as “DPGigs” “we” or “us”.

Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Payment Terms. These Terms are supplemental to DPGigs’ General Terms of Service as applicable (collectively, the “Terms of Service”).

Key Terms

Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service. 

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

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the DPGigs platform, including with respect to the collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with DPGigs Balances.

Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on DPGigs, subject to these Terms. 

Receiving Payments

General 

• Each Gig you sell and successfully complete, accredits your account with revenue equal to 80% of the purchase amount.
• DPGigs credits Sellers once an order is completed. See the “Orders” section in the Terms of Service for a definition of a completed order.
• If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s DPGigs Balance. 
• Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Gig page or on the Logo Maker order page is inclusive of all such taxes and charges that may apply to the Sellers.
• Appointment as Limited Payment Collection Agent: Seller hereby appoints DPGigs 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 DPGigs shall be considered the same as a  made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by DPGigs (or its Payment Services Provider, as applicable), and DPGigs (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that DPGigs (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against DPGigs and not the Buyer directly. Seller agrees that DPGigs 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 DPGigs may deem necessary or prudent.
• DPGigs partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with DPGigs Balances. All payments services in connection with the withdrawal of funds on the DPGigs platform are performed by DPGigs’ Payment Services Providers.

Requesting Payout of Revenues

• To request payout of your revenue, you must have an account with at least one of DPGigs’ Payment Service Providers for the payout methods listed below. All funds eligible for Payout will be held on your behalf at an account with DPGigs’ Payment Services Provider.  All payment services, including payout services, will be provided by DPGigs’ Payment Services Provider.
• Your DPGigs profile can be associated with only one account from each DPGigs payout method. A Payment Service Provider payout account can be associated with only one DPGigs profile.
• Revenues are only made available for payout request from the Revenue page following a safety clearance period of up to 14 days after the order is marked as complete. Top Rated Sellers are eligible to request payout of revenue following a safety clearance period of up to 7 days after the order is marked as complete.
• Sellers may request payout of their revenues using one of DPGigs’ Request Payout options (see Request Payout Section below regarding payment terms). To request payout of your available revenue, you must click on the designated payout provider to initiate the payout request process.
• For security concerns, DPGigs may temporarily disable a Seller’s ability to request payout of revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple DPGigs accounts to a single payout provider.
• Payouts can only be made in the amount available to you.
• Payout fees vary depending on the payout method.
• Payouts are processed weekly on Tuesday.
• Payouts are final and cannot be undone. We will not be able to reverse this process once it has begun.
• Sellers may request payout of Revenues in US$. DPGigs does not execute currency exchange services. Your DPGigs Balance is always derived from US$ value and, therefore, the currency amount of your DPGigs Balance is in US$.
• Sellers will be able to request payout of 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 DPGigs’ approval.

Withdrawal Methods

• Payout Requests to your PayPal Account – $0 Fee*. For a list of PayPal services by country click here.

* Additional fees may apply based on your location.

Purchasing

General

• Buyers pay DPGigs to create an order from a Seller’s Gig page or Custom Offer, using the Order Now button. DPGigs partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with DPGigs Balances. All payments services in connection with the collection of funds on the DPGigs platform are performed by DPGigs’ Payment Services Providers.
• DPGigs 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 DPGigs (or its Payment Services Provider, as applicable), and DPGigs (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that DPGigs (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against DPGigs and not the Buyer directly.
• In most locations, purchases on DPGigs can be made by using one of the following payment methods: Credit Card or PayPal.
• Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees.
• You may not offer Sellers to pay, or make payment using any method other than through the DPGigs.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
• You agree to receive invoices and/or payment receipts from DPGigs in electronic form as PDF documents, by email or through the 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 DPGigs or DPGigs’ Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing payout payments.  DPGigs is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.
• By using any payment method and/or providing payment details for making purchases on DPGigs, 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 DPGigs; and (d) such actions do not violate any applicable law.

Currency

• You can pay on DPGigs in US$. Unless stated otherwise, you will be charged in the US$.
• Note that all prices on DPGigs are derived always from US$ price and, therefore, non-US$ currency prices are not used. Buyers only have the option to pay in US$.
• If you paid for an Order and your Order was later canceled for any reason, the amount returned to your DPGigs Balance would be US$.
• Your DPGigs Balance is always valued in US$.

Promo Codes

From time to time we may offer you promo codes for purchasing Gigs and/or other services offered on the Site, at special discounts. Promo Codes are valid only for purchases on DPGigs and are subject to different time limitations and will expire after their predefined term. To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion. Promo codes may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the promo codes. Promo codes may be voided in the event of fraud, misuse, or violation of the Terms of Service. DPGigs reserves the right to modify or cancel promo codes at any time.

Taxes

• DPGigs may be required by applicable laws to charge users with indirect taxes (such as Sales Tax) or to withhold taxes. Any amount DPGigs will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount DPGigs will be required to withhold will be deducted from the Seller’s revenue, as required by applicable laws.
• Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment. 
• Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

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 the DPGigs Customer Support department for assistance here.

Basics

• Order cancellations can be performed on DPGigs, when eligible, by Customer Support or through the Resolution Center per order.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
• In the event that you encounter an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
• DPGigs, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
• All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.
• If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s DPGigs Balance.
• Revisions to deliveries can be performed by Sellers based on the Seller’s Gig and customer care. Sellers may determine the amount of revisions they wish to offer, including no revisions.
• Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
• Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

• DPGigs encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
• Eligibility for requests to DPGigs to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the DPGigs delivery system. See below for Order specific eligibility.
• Completed orders (or, where applicable, completed milestones) may be canceled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).
• In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the canceled order will be returned to the Buyer’s DPGigs Balance and will be deducted from the Seller’s DPGigs Balance or, if there are no sufficient amounts in the Seller’s DPGigs Balance, from future revenues of such Seller.
• Orders are not eligible to be canceled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Gig Page. You may rate your experience with the Seller on the Order Page, including the overall level of service quality received.
• You must use DPGigs Resolution Center to address your concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of DPGigs.
• Any non-permitted usage of DPGigs encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of DPGigs’ Terms of Service.
• DPGigs Customer Support will cancel orders based on, but not limited to, the following reasons:

Active orders (after requirements were submitted to the Seller and before the Seller delivers on DPGigs):

1. The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
2. Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
3. Users supplied or included copyright/trademark infringing materials as part of their requirements or the Seller’s delivery.
4. The user is no longer an active DPGigs user due to Terms of Service violations or closure of their account.

Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)

1. The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service. Note: Multiple reported offenses will result in permanent suspension of your account.
2. The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
3. The Seller requests additional payments, on or off the DPGigsplatform, by withholding the final delivery of services directly related to the agreed requirements.
4. The Seller is withholding the final delivery of services for improved ratings.
5. Users who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
6. Users who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.

Completed Orders (after the order is marked as complete and before the 14-day limitation)

1. Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
2. Users who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Seller’s Gig Page and cannot be retroactively included once the order is completed for over 14 days.
3. DPGigs Customer Support will review cases of Order delivery manipulation that prevents users from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

• DPGigs does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s DPGigs Balance and are available for future purchases on DPGigs. Until January 1, 2021, funds returned to your DPGigs Balance from canceled orders will not include service fees paid. As of January 1, 2021, DPGigs returns service fees to your DPGigs Balance once an order is canceled. In any event, if the service fees were not returned to your DPGigs Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on DPGigs. 
• 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.

General Terms

Modifications

• DPGigs may make changes to these Payment Terms from time to time. When these changes are made, DPGigs will make a new copy of the terms available on this page.
• You understand and agree that if you use DPGigs after the date on which the Payment Terms have changed, DPGigs will treat your use as acceptance of the updated Payment Terms.

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

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

Limitation on Liability

IN NO EVENT WILL DPGIGS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF THE SELLER, DPGIGS AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF THE SELLER.

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

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with DPGigs, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.