Seller Terms And Conditions

SELLERS

Basics

§  Sellers create Gigs on Baywebservices to allow Buyers to purchase their services.

§  Sellers may also offer Custom Offers to Buyers in addition to their Gigs.

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

§  Baywebservices accredits Sellers once an order is completed. See our "Orders" section below for a definition of a completed order.

§  For more information about receiving payments, fees and taxes see the Payment Terms.

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

§  The Seller's rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. 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, Baywebservices may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Baywebservices accounts to a single withdrawal provider.

§  Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Gigs®

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

o    7 Gigs for Sellers without a Level status.

o    10 Gigs for Level 1 Sellers.

o    20 Gigs for Level 2 Sellers.

o    30 Gigs for Top Rated Sellers.

§  Gigs created on Baywebservices are User Generated Content.

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

o    Illegal or Fraudulent services

o    Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy found here

o    Adult oriented services, Pornographic, Inappropriate/Obscene

o    Intentional copies of Gigs

o    Spam, nonsense, or violent or deceptive Gigs

o    Gigs misleading to Buyers or others

o    Reselling of regulated goods

o    Offering to prepare academic works on behalf of Buyers

o    Services that extend beyond 30 days of service duration

o    Exceedingly low quality Gigs

o    Promoting Baywebservices and/or Baywebservices 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 Baywebservices’s Terms of Service and/or our Community Standards, 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 Baywebservices.

§  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.

§  Certain categories are available only to Pro Sellers to create Gigs. If you are not a Pro Seller, creating a Gig for services available to Pro only may result in removal of your Gig.

Gig® Extras

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

§  Gig Extras may be removed for violations of our Terms of Service and/or our Community Standards. 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. More information surrounding your accounts eligibility for Gig Extras can be found here.

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

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

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

Levels

Baywebservices 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, Baywebservices may reward them with new statuses, special opportunities, benefits, and tools that come with it.

§  Baywebservices Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.

§  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 Baywebservices 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 Baywebservices to ensure that the quality standards and expectations of the Top Rated selection is kept. Baywebservices 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 and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.

Pro Sellers

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

§  Pro Sellers eligibility is constantly evaluated by Baywebservices to ensure that the quality standards and expectations of the Pro Seller selection is kept. Baywebservices 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.

Baywebservices Business Catalog

Baywebservices Business is a freelance platform tailor-made for larger teams and businesses. Sellers on the Baywebservices Business catalog are required to comply with certain professional standards. Eligible Sellers whose Gigs are included in the Baywebservices Business catalog will be regularly evaluated by Baywebservices to ensure their high-quality professionalism is kept. Baywebservices reserves the right to remove Sellers and Gigs from the Baywebservices Business catalog.

Seller Features

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

Custom Offer

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

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

§  Custom Offers are sent from the conversation page.

§  Services provided through Custom Offers may not violate Baywebservices’s Terms of Service and/or our Community Standards.

§  Project Milestones:

o    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.

o    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.

o    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.

Privacy Policy

We take the protection of your personal data very seriously. Whenever we collect, process or use (“use”) your personal data for the purpose of the services offered by Baywebservices, this will take place within the scope of the services offered by Baywebservices at baywebservices.com’s registered office.

We will use the personal data that you disclose to us to provide the services offered by Baywebservices on the basis of and in compliance with the valid data protection regulations contained in Data Protection Act. This includes, in particular, allowing you to access the content of the Baywebservices.com website, managing the content uploaded by you on your behalf, providing you with information about this, and providing you with other services with your agreement, where applicable.

Where Baywebservices is used by a natural person, he/she will be obliged to disclose or make the following personal data accessible to Baywebservices upon registering and when using Baywebservices services:

* Email

* Username

* Password

* Paypal email

By registering and accepting the terms and conditions of use, the user consents to his or her personal data being processed in accordance with according law and he or she also consents to this data being used and stored by Baywebservices for the purposes of providing and guaranteeing Baywebservices services.

The user will grant his or her consent in accordance with the DPA for the entire duration of his or her registration and use of the Baywebservices services. If the user’s member account is deleted for any reason, or if any other use of the Baywebservices services is terminated for any reason, Baywebservices will ensure that the personal data disclosed to it by the user is deleted.

You may withdraw your consent issued once in accordance with the relevant provisions of the DPA in writing at any time and/or object to the future use of your data in writing. Your consent will lapse one month after the delivery of written withdrawal to the Baywebservices address given above.

We may analyse fictitious usage profiles for advertising and market research purposes and to improve our services to the extent permitted by law, but will only do so if you have not asserted your legal right to object to your data being used in such a way.

We will not pass on your personal data to third parties unless this is necessary to provide the services offered, or if transmission is otherwise permitted by relevant statutory provisions, in particular by the DPA.

Do we use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow it) that enable the site’s or service provider’s systems to recognize your browser and capture and remember certain information.

We use cookies to understand and save your preferences for future visits.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act). We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13-years-old or older.

Your consent

By using our site, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page.

Intellectual Property Claims (Copyright (DMCA), Trademark Infringement)

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Baywebservices.com content is based on User Generated Content (UGC). Bws does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. baywebservices looks into reported violations and removes or disables content shown to be violating third party rights.

In order to allow us to review your report promptly and effectively, a copyright infringement notice ("Notice") should include the following:

• Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
• Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
• Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
• A short description of how our user(s) allegedly infringe(s) your copyright(s)
• Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
• Your complete name, address, email address, and telephone number.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
• Your electronic or physical signature

You can send your Notice to our designated DMCA / Copyright Claims Agent at:

Baywebservices.
Attention: Copyright Claims Agent
69 Agrabad C/A Chittagong.

Alternatively you can submit the Notice electronically to [email protected] or by submitting a ticket to our DMCA / Copyright Claims Agent.

Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable laws.

If you fail to comply with all of the requirements with your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our DMCA / Copyright Claims agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.]

TRADEMARK INFRINGEMENT

Baywebservices.com content is based on User Generated Content (UGC). baywebservices  does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. baywebservices  looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice ("TM Notice") should include the following:

• Identification of your trademark and the goods/services for which you claim trademark rights
• Your trademark registration certificate and a printout from the pertinent country's trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
• A short description of how our user(s) allegedly infringe(s) your trademark(s)
• Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the GIG® url, a link to the deliverable provided to a user, etc.
• Your complete name, address, email address, and telephone number.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
• A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
• Your electronic or physical signature

You can send your Notice to:

[email protected]

Alternatively you can submit the Notice electronically to [email protected] or by submitting a ticket to our Trademark Complaint representative here.

Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user's response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Buyer Terms And Conditions

Basics

• Once payment is confirmed, your order will be created and given a unique baywebservices 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.
• The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” 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. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact baywebservices Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
• Orders through the Logo Maker are completed once payment is made by the Buyer.

Handling Orders

• When a Buyer orders a Gig, the Seller is notified by email as well as notifications on the site while logged into the account.
• Sellers are required to meet the delivery time they specified when creating their Gigs. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller's status.
• Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
• Users are responsible for scanning all transferred files for viruses and malware. baywebservices will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• Buyers may use the "Request Revisions" feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller's description on their Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

• Feedback reviews provided by Buyers while completing an Order are an essential part of baywebservices 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 and/or our Community Standards.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the baywebservices platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the baywebservices 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.
• Feedback reviews are unavailable for orders made through the Logo Maker.

• 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 Fiverr's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.