User Terms and Conditions on Graphicha
- welcome to Graphicha’s marketplace for digital services. This agreement explains the rules that apply to buying or providing services using the Graphciha platform (‘user terms’).
- When we refer to the ‘site’ we’re talking about the Graphicha platform at graphciha.xyz. When we say ‘we’, ‘us’ or ‘Graphicha’ it’s because that’s who we are and we own and run the site
Finding and buying services
- We don’t knowingly collect any information from anyone aged 16 and under. If you want to buy or provide services, or use other site features, you need to become a member and be 18 years old or over. Membership is free for free products and non-free for enterprise products . We call a member who buys services a ‘buyer’. When we refer to ‘you’ in these user terms we mean any users of the site.
- Buyers are responsible for choosing the right services to meet their needs and making sure that all aspects of the services, including their scope, the number of revisions available and turnaround time meet their needs. Buyers need to select a full brief for each job. It is the buyer’s responsibility to make sure that the brief is comprehensive and clear.
Agreeing to buy
- Graphicha agrees to provide services by entering into a separate agreement directly with the buyer. This is called the services agreement. It is your responsibility to make sure you understand the terms of the services agreement. In these user terms we use the word ‘job’ to talk about the services that a buyer under a services agreement.
- Graphicha is not part of any services agreements you enter into with other members. There is no joint venture between any member and us. We’re not a re-supplier of services provided by Graphicha. we are independent contractors and are not our employees, sub-contractors, partners or agents. We provide the site and not the services.
every time you engage in a job.
Payment, pricing and taxes
- The prices advertised on the site for services are set for monthly membership or pay once product only which if you pay monthly cost for your membership all of products will be free until your accounts is activate.
- All prices are stated and charged in US dollars (USD$). You are responsible for any costs associated with currency conversion or bank charges.
- The prices for services include all indirect taxes (like GST, VAT and sales taxes).
- Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
- Each of the following things need to happen to close the job :
- Graphicha confirms that the services have been provided and submits content to the buyer for approval;
- the buyer approves the outcome of the job;
- seven days pass from job completion without a dispute being raised; and if a dispute has been raised, the dispute resolution process is finalized
Enabling safe transactions – dispute resolution process
- We offer a dispute resolution process for members. This is a benefit of membership. You agree to use the dispute resolution process to resolve any disputes. You can raise a dispute at any time up to seven days after job completion. We will investigate each dispute, make any decision and take any action to implement our decision (such as making payments or part-payments and releasing content) at our sole discretion.
- Buyers use the seven day period after job completion to make sure that they receive all the final deliverables, that is, all content promised under the services agreement (‘materials’). It is the buyer’s responsibility to make sure that they have received materials before the job is closed as a dispute cannot be raised after that time.
- If a dispute is raised by either of you at any time before the job is closed we will continue to hold the payment until the dispute resolution process has come to an end. We will then allocate payment depending on the outcome of the dispute.
- You can only use the dispute resolution process for services provided and communications made solely via the site. A dispute you raise may be ineligible for the dispute resolution process if it involves services provided, or communications made, outside the site. If you do not provide us with information or answers to our questions, or otherwise participate properly in the dispute resolution process, we have the right to resolve the dispute in favour of the other member.
- When a dispute is resolved in the buyer’s favour the repayment will be made via the original payment method.
- You release us from any liability relating to a dispute and the outcome of any dispute resolution process.
Members’ promises to Graphicha
When you’re using the site you make some promises to us, as well as to the other members that you deal with. You promise that :
- information you give to us is true, accurate and complete;
- you will keep your account information up-to-date (including a current email address);
- you are 18 years or over;
- your membership details must be kept confidential (including your password);
- if you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately;
- you will be responsible for any access and activity on the site made as a result of using your membership details;
- you will only make representations on or via the site that are accurate and not misleading or untrue;
- you are not located in a sanctioned country and are not on a sanctioned persons list;
- you will not purchase items on Graphicha using funds sourced from a sanctioned country;
- you must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons;
- you will be reasonable and polite in your dealings with us and other members;
- you will not breach any of the terms of the user terms, any services agreements additional terms;
- you will participate fully in the dispute resolution process; and
- you will follow any other Graphicha policies or rules that apply to the site, such as community and conduct rules.
What we own
- We own all the content that we have put on our site. This includes the design, compilation and look and feel of the site, all copyright, trademarks, designs and other intellectual property on the site.
- You will not copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property in any way not expressly stated in these user terms (or otherwise allowed at law).
What you own
- You promise that you own, or have the appropriate rights to use, everything that you submit on or via the site. This includes everything that you post on the site and send to, or make available to, other members and to us including all files, assets, communications and materials (‘your content’). You promise that the use of your content on or via our site won’t infringe anyone else’s rights and that no further permissions from others are required regarding your content.
- You give us a license to publish, copy, and communicate your content on or via the site, for the purposes of operating the site and providing the platform facilities to you. Your content will only be made publicly available if you post it on public parts of the site. Communications and other content sent between buyers and us are not viewable by other users.
- SGraphicha will retain rights in their pre-existing materials provided to buyers, but grant buyers a broad license to these materials. We will assign to buyers all materials created specifically under the agreed brief. This is set out in the services agreement.
- You confirm that we may publish and copy any reviews and public comments you make on any websites run by Graphicha for the purpose of cross-promoting the site.
Things you can’t do
You agree that you will not:
- use a false email address, impersonate others, or misrepresent your affiliation with others;
- attempt to gain unauthorised access to computer systems or content through the site;
- attempt to contact other members through the site or use any information gained from the site with the intention to make a private arrangement that would otherwise be made using the site;
- make your contact details public on the site or in any communications via the site. Contact details include your email address, street address, Skype name and phone number (but not social network handles);
- enter any arrangements that are not consistent with these user terms or the services agreement;
- engage in automatic gathering of information from or through the site (such as “database scraping” or harvesting of e-mail addresses);
- attempt to interrupt or alter the site’s operation in any way (for example through sending mass unsolicited messages, “flooding” servers, or introducing a virus, time bomb, trojan horse, worm, cancelbot or other computer routine);
- use the site or any of its content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
- disclose information about any other member that you obtain via the site that is reasonably regarded as confidential or marked as confidential; or
- modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the site other than in accordance with the rights provided to you under these user terms or a services agreement.
The site will usually be available 24 hours a day, seven days a week. Sometimes we’ll need to interrupt or suspend your access to the site or the provision of the site’s platform facilities for maintenance, technical or other reasons. We’ll always try to give you notice if possible and try to keep such interruptions to a minimum.
Warranties and refunds
- In some jurisdictions there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify (‘non-excludable law’). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these user terms and we are not bound by implied terms.
- Except as provided in a non-excludable law, we are not liable for indirect, incidental, special or consequential damages, loss or revenue or loss of profits which result or arise from your using or accessing the site, or any inability to use or access the site. To the fullest extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded is limited to supplying our site’s services again.
- If a buyer wants a refund on a job that has been started but is not yet closed, the buyer needs to raise a dispute so that we can assess the claim though our dispute resolution process.
There is no obligation to provide a refund for reasons which include if the buyer:
- has changed their mind about the services;
- bought the services by mistake;
- does not have sufficient expertise to use the materials (unless the services did not meet the requirements of the brief) or asks for goodwill.
Right to change, investigate or terminate
- Although we can change any of our Graphicha erms at any time we will take reasonable steps to let you know when we do so.
- We can look at or remove any of your content for any reason in our discretion. Reasons might include quality assurance, dispute resolution, if we get sent a DMCA notice, if we think that the use of your content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the site might result in liability to us or any member. We may investigate any job, allocate monies in certain circumstances and may freeze funds (for reasons such as our investigation of potential fraud) in our sole discretion.
- Membership is not an automatic right, it is a benefit for community members who follow our terms and policies and treat other community members well. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of Graphicha complies with these terms and our policies. We can suspend or terminate your membership at any time for any reason, including if you:
- breach the user terms or Graphicha additional terms;
- breach any terms applicable to any of your other Graphicha accounts;
- breach any of our policies;
- act in a way that does not align with the values of our community; or
- act in a way that could cause us or members harm.
If we do decide to permanently terminate your membership you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your Graphicha accounts you use on our site.