Service Marketplace Terms of Service - UserCV Marketplace

Welcome to UserCV.com. UserCV.com is a marketplace platform for services performed by its users.

The following terms and conditions (these "Terms of Service") govern your access to and use of the UserCV website, including any content, functionality, and services offered on or through www.usercv.com (the "Site"), by UserCV, as applicable.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account, or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found on in the table of contents on this page.

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 UserCV services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company 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. Contacting our Customer Support team can be performed by submitting a request through our support URL mentioned at the footer of every page.

Overview (Main terms, in a nutshell)

• Most Gigs on UserCV are offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5.
• Only registered users may buy and sell on UserCV. Registration is free.
• Buyers pay UserCV in advance to create an order.
• Orders are purchased through the "Accept and Pay" button found on a buyer-sellers Proposal page.
• UserCV charges 5% from the Buyer Per transaction fee, which is the lowest from all competitive sites in the world and 10% from Seller.
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Canceling orders will affect sellers’ reputation and status.
• Users may not offer or accept payments using any method other than placing an order through UserCV.com.
• Buyers are granted all rights for the delivered work unless otherwise specified by the seller on their Gig page. See our “Ownership” and “Commercial Use License” sections below for more information.
• UserCV retains the right to use all published delivered works for UserCV marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service.

SELLERS Basics

• Each order you sell and successfully complete accredits your account with net revenue of 90% of the Order Proposal amount.
• UserCV accredits sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
• Revenues are only made available for withdrawal from the Dashboard page following a safety clearance period of 14 days after the order is marked as complete.
• Withdrawals from your account may become disabled upon review of our Trust & Safety team. This may be done for security concerns in order to prevent fraudulent transactions, reported poor performance or violations to our Terms of Service from buyers to our Customer Support team, or if another UserCV profile is associated with the same withdrawal providers. Enabling withdrawals will be evaluated by our Trust & Safety team following a review of your account.
• If an order is canceled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
• Sellers may withdraw their revenues using one of UserCV's withdrawal options.
• The seller's rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain more orders and reputation in the marketplace.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of the UserCV's withdrawal providers.
• Your UserCV profile can be associated with only one account from each UserCV withdrawal providers. A withdrawal provider account can be associated with only one UserCV 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.
• 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 provider/method.
• Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

BUYERS Basics

• You may not offer sellers to pay or make payment using any method other than through the UserCV.com site.
• UserCV retains the right to use all published delivered works for UserCV marketing and promotional purposes.
• Buyers may request a specific service from the Post a Request feature found from the Job page. Services requested on UserCV must be an allowed service on UserCV.

Purchasing

• Buyers pay UserCV to create an order from a buyer-sellers order proposal page, through the "Senf Proposal" button.
• Gigs may be purchased using a Credit Card, PayPal, UserCV Credit, and in certain countries Payumoney.
• Processing fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. When purchasing from your seller's balance (i.e. out of your earned revenues) or buyer's shopping balance (resulting from any credits or refunds) you will not be charged a processing fee. Funds returned to your balance from canceled orders will not include processing fees paid.
• If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.
• You may not offer sellers to pay or make payment using any method other than through the UserCV.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
• To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

ORDERS Basics

• Once payment is confirmed, your order will be created.
• Sellers must deliver completed files and/or proof of work using the attachment button in the message (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 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 the seller.
• An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
• We encourage our buyers and sellers to try and settle conflicts amongst themselves, including by using the "Take Action" button on the order page. If for any reason this fails, users can contact UserCV's customer support department for assistance here.

Reviews

• Feedback reviews provided by buyers while completing an order are an essential part of UserCV'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 UserCV platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the UserCV 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. The cancellation of an order does not remove feedback unless mutually agreed.
• Work Samples are the delivered images and videos sent to a buyer in a delivery message. 
• 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 are prohibited.

Disputes and Cancellations

• We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact UserCV's Customer Support department for assistance here.
• Order cancellations (when eligible) can be performed by Customer Support only up to a period of 13 days from the order completion date. We will not cancel orders after that time.
• Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. 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 of a dispute, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter by working it out with the seller or if not possible contact customer support for a resolution.
• Eligibility 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, general misconduct, and improper usage of the UserCV delivery system.
• 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. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
• UserCV reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

Refunds

• UserCV does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are refunded to the buyer's balance as credit and are available for future purchases on UserCV. Funds returned to your balance from canceled orders will not include processing fees paid.
• Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
• Processing fees charged while returning funds to your payment gateway provider vary based on the duration of canceled order after the purchase of service(s). It is charged as per the below calculation for using our services for order engagement:

Processing fees:

1. Canceled after 30 days of order started: 5% of the order amount.

2. Canceled after 90 days of order started: 10% of the order amount.

3. Cancelled after 180 days of order started: 20% of the order amount.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such users on the Site. Warnings do not limit account activity but can lead to your account becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography - UserCV does not allow any exchange of adult-oriented or pornographic materials and services.

Inappropriate Behavior & Language - Communication on UserCV should be friendly, constructive, and professional. UserCV 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 - UserCV 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 member's privacy by not contacting them for commercial purposes without their consent.

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 service must be provided on 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 UserCV will not be protected by our Terms of Service.

Intellectual Property Claims - UserCV will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed and immediately be contacted here.

Fraud / Unlawful Use - You may not use UserCV 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 UserCV community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to UserCV’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 UserCV. This includes creating new multiple accounts to harass members through our message or ordering system.

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

General Terms

• UserCV reserves the right to put any account on hold or permanently disable accounts due to the breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
• Violation of UserCV's Terms of Service may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on UserCV.
• 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 45 days, from the day of the last cleared payment received in their account and subject to UserCV's approval.
• Disputes should be handled using UserCV's dispute resolution tools ('Resolution Center' on the order page) or by contacting UserCV Customer Support.
• UserCV may make changes to its Terms of Service from time to time. When these changes are made, UserCV will make a new copy of the terms of service available on this page.
• You understand and agree that if you use UserCV after the date on which the Terms of Service have changed, UserCV 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 UserCV by our users (Buyers and Sellers) is User Generated Content. UserCV 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, UserCV is not responsible for the content, quality, or the level of service provided by the Sellers. 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 licensed to provide, sell, or resell the service is offered on UserCV. 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 the removal of the Gig and may lead to the suspension of the seller's account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement - please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the seller's Gig page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event, the delivered work does not meet the requirements of work-for-hire or when the US Copyright Act does not apply, the seller expressly agrees to assign to the buyer the copyright in the delivered work. 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 canceled for any reason. For removal of doubt, in custom created work (such as artwork, design work, report generation, etc.), the delivered work shall be the exclusive property of the buyer, and the 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 the 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.

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.

Due to the low-cost gig(s)/service(s) - some of the time, the seller may charge extra for source code and deliver the work for a low cost without source code, which is understood as fair service engagement between buyer and seller.

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

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 the product, software or other business-related tools, etc., and strictly excludes any illegal, immoral, or defamatory purpose. This License is subject to UserCV’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 UserCV 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 UserCV NOR ANY PERSON ASSOCIATED WITH UserCV 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.

Limitation of Liability

IN NO EVENT WILL UserCV, 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 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.

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