KreoStudio Terms of Service

Welcome to KreoStudio.com

The following terms of service (these “Terms of Service”), govern your access to and use of the KreoStudio website, including any content, functionality and services offered on or through www.kreostudio.com (the “Site”) by Creo Capital (Pty) Ltd (3 Silverstone Rooitou Street, Weltevreden Park, Roodepoort). Creo Capital (Pty) Ltd and KreoStudio.com is referred hereto as “KreoStudio” “we” or “us”.

Please take time to read our Terms of Service carefully before you start using the Site. By visiting the Site, opening an account or by clicking to accept or agree to our Terms of Service when this option is presented 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 referred to herein.

Definition of Key Terms

Buyers are users who purchase services on KreoStudio.

Custom Offers are exclusive proposals that a Seller can create in response to the specific requests 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 Fiverr.

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

KreoStudio Credits are credits that KreoStudio may provide users to be used only for purchases on KreoStudio, subject to these Terms of Service or any other applicable laws and/or terms.

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

Job Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service.​

Job Page is where the Seller describes their Job and the Job’s terms, and where the Buyer can purchase the Job and create an order.

Jobs are services offered on KreoStudio.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Job.

Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Job Page.

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

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

Sellers are users who offer and perform services through Jobs on Fiverr.

 

How KreoStudio Works

• Only registered users may buy and sell on KreoStudio. Registration is free.
• Buyers pay KreoStudio 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 Job page or through a Custom Offer.
• For fees and payments please read the purchasing section
• Sellers must fulfil 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 Job Extras, or selling their Job in multiples.
• Users may not offer or accept payments using any method other than placing an order through kreostudio.com.
• Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Job page. Note: some Jobs charge additional payments (through Job Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
• KreoStudio retains the right to use all published delivered works for KreoStudio 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 and incorporated herein by reference.

 

Finding and buying services

You need to be 16 years or over to browse the Envato Studio site. 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. We call a member who buys services a ‘buyer’. We call a member who provides services a ‘service provider’ (if you want to become a service provider additional terms apply). When we refer to ‘you’ in these user terms we mean any users of the site (including buyers and service providers). If you are under 16 you may not use this Site or the Fiverr 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.

For more information about KreoStudio and how it works, see our FAQ.

 

Before you buy

5. 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 give the service provider they select a full brief for each job. It is the buyer’s responsibility to make sure that the brief is comprehensive and clear.

A service provider is a freelancer who sells their services on KreoStudio.

 

Agreeing to buy

A service provider 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 service provider agrees to provide a buyer under a services agreement.

KreoStudio 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 service providers. Service providers are independent contractors and are not our employees, sub-contractors, partners or agents. We provide the site and not the services.

As a buyer or as a service provider, it is very important to understand the services agreement. It is a contract you are entering into every time you engage in a job.

 

Buyers

Basics

• As a Buyer, you may not offer direct payments to Sellers using payment systems outside of the KreoStudio Order system.
• KreoStudio retains the right to use all publicly published delivered works for KreoStudio marketing and promotional purposes.
• Buyers may request a specific service from the Post a Request feature. Services requested on KreoStudio must be an allowed service on KreoStudio. Please click here for guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on KreoStudio.

Purchasing

• Buyers pay KreoStudio to create an order from a Seller’s Job page or Custom Offer, using the Order Now button. In order to collect Job payments from Buyers, KreoStudio partners with Payment Services Providers for purposes of collecting, transferring such payments from Buyers to Sellers, and holding funds in connection with KreoStudio Balances. All payments services in connection with the collection of funds on the KreoStudio platform are performed by KreoStudio’s Payment Services Providers.
• KreoStudio 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 Fiverr (or its Payment Services Provider, as applicable), and KreoStudio (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 KreoStudio (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Fiverr and not the Buyer directly.
• In addition, Buyers can request a Custom Order that addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through KreoStudio anywhere.
• In most locations, Jobs may be purchased on KreoStudio by using one of the following payment methods: Credit Card, PayPal, KreoStudio Credits or existing KreoStudio 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.
• Your existing KreoStudio 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 kreostudio.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, payment information in connection with withdrawals is collected by either KreoStudio or KreoStudio’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. KreoStudio 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 KreoStudio, 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 KreoStudio; and (d) such actions do not violate any applicable law.

 

Local Currencies

• Buyers may pay on KreoStudio 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 KreoStudio’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US Dollars 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 Jobs’ pricing is derived always from their original US Dollar price and, therefore, non-US Dollar 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 Dollars by changing their selected displayed currency.
• If you paid for an Order in a currency other than US Dollars and your Order was later cancelled for any reason, the amount returned to your KreoStudio 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 Dollar value.
• Your KreoStudio Balance is always valued in US Dollars, even if it is displayed in a non-US Dollar currency. Therefore, should you choose to view your KreoStudio Balance in any currency other than US Dollar, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US Dollar value. Users always have the option to view their KreoStudio Balance in US Dollar by changing their selected displayed currency.

 

Orders

Basics

• Once payment is confirmed, your order will be created and given a unique KreoStudio order number.
• 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 Job.
• 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 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 Centre or if you encounter non-permitted usage on the Site, users can contact KreoStudio’s Customer Support department for assistance.

 

Handling Orders

• When a Buyer orders a Job, 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 Jobs. 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. Fiverr 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 Job page or they do not match the requirements sent to the Seller at the beginning of the order process.
• 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.
• KreoStudio 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 favour. If the chargeback case allows, KreoStudio (or one of KreoStudio’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.

Reviews

• Feedback reviews provided by Buyers while completing an order are an essential part of KreoStudio’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 with regard 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 KreoStudio platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Fiverr 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 Job 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 Job 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 Job’s service with the intent to gain favourable 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.

 

Levels

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

• KreoStudio 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 Level 3.
• 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 jobs for higher prices through Job Extras, or selling their Job in multiples.

 

Level 3 Sellers

• Level 3 Sellers are chosen manually by KreoStudio 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.
• Level 3 eligibility is constantly evaluated by KreoStudio to ensure that the quality standards and expectations of the Level 3 selection is kept. KreoStudio retains the right to change a Level 3 Seller status in light of such evaluation. In addition, Level 3 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 Level 3 status and the benefits that come with it.

 

Seller Features

KreoStudio Sellers have access to several exclusive features that help customise 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 KreoStudio’s Terms of Service.
• Project Milestones:
  • 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.

Jobs

• Users may report Jobs to Customer Support that may be in violation of KreoStudio’s Terms of Service based on the reported Job’s replicated similarity to pre-existing services (copycat Jobs).
• Sellers warrant that any content included in their Jobs 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 Jobs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Jobs.
• KreoStudio will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

 

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 KreoStudio’s Customer Support department for assistance here.

Basics

• Order cancellations can be performed on KreoStudio, 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.
• KreoStudio, 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 Job 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 KreoStudio Balance.
• Revisions to deliveries can be performed by Sellers based on the Seller’s Job 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.

Order Cancellations

• KreoStudio encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
• Eligibility for requests to KreoStudio 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 KreoStudio 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 KreoStudio Balance and will be deducted from the Seller’s KreoStudio Balance or, if there are no sufficient amounts in the Seller’s Job 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 Job page. Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.
• Buyers must use KreoStudio Resolution Centre 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 KreoStudio.
• Any non-permitted usage of KreoStudio 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 KreoStudio’s Terms of Service.
• KreoStudio 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 KreoStudio)
    • 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 KreoStudio 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 KreoStudio 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 Job page and cannot be retroactively included once the order is completed for over 14 days.
    • KreoStudio Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilising our Resolution Centre that enabled the order to be marked as complete.

Refunds

• KreoStudio does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Fiverr Balance and are available for future purchases on KreoStudio. Until January 1, 2019, funds returned to your KreoStudio Balance from cancelled orders will not include service fees paid. As of January 1, 2019, Fiverr returns service fees to your KreoStudio Balance once an order is cancelled. In any event, if the service fees were not returned to your KreoStudio Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on KreoStudio.
• 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.

 

Payment, pricing and taxes

The prices advertised on the site for services are set by the service providers. Service providers are responsible for deciding what prices they want to charge. Service providers may change their prices (or change or remove their services) without notice. The price will not change for any job already started.

All prices are stated and charged in US dollars (USD$). You are responsible for any costs associated with currency conversion or bank charges.

Buyers pay for services using one of the methods offered on the site (‘payment method’). We will give you a job ID and issue a receipt for payment. We will hold the payment until the job has been closed.

Each of the following things need to happen to ‘close’ the job:

• the service provider confirms that the services have been provided and submits content to the buyer for approval;
• the buyer approves the outcome of the job;
• the service provider completes the job by providing ‘materials’ to the buyer (‘job completion’);
• seven days pass from job completion without a dispute being raised; and
• if a dispute has been raised, the dispute resolution process is finalised.

The prices for services include all indirect taxes (like VAT and sales taxes). Service providers are responsible for providing tax invoices to buyers on request.

The service provider pays us a fixed percentage of the price as a ‘platform fee’. We use revenue earned from the site to operate and maintain the site and the platform facilities it provides to users.

It is important that you understand how the job completion process works on KreoStudio. Please take the time to review this section carefully.

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.

Our FAQ has more information about our dispute resolution process including examples for buyers and service providers.

 

Your promise to other members and to KreoStudio

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 KreoStudio 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 and the service provider additional terms;
• you will participate fully in the dispute resolution process; and
• you will follow any other KreoStudio policies or rules that apply to the site, such as community and conduct rules.

 

What we own (our intellectual property)

We own all the content that we have put on our site (unless otherwise stated). This includes the design, compilation and look and feel of the site, all copyright, trademarks, designs and other intellectual property on the site. We claim ownership of all the trademarks, logos, service marks and trade names that we display on the site (unless otherwise stated).

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 (your intellectual property)

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 service providers are not viewable by other users.

Service providers will retain rights in their pre-existing materials provided to buyers but grant buyers a broad license to these materials. Service providers 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 KreoStudio for the purpose of promoting the site.

User Generated Content

User Generated Content (“UGC”) is the content added by users as opposed to content created by the Site. All content uploaded to KreoStudio by our users (Buyers and Sellers) is considered User Generated Content. KreoStudio 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.

In addition, KreoStudio 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 Jobs, 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 Jobs 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 KreoStudio. Sellers advertising their Job 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 Job and may lead to the suspension of 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.

What you cannot 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.
• 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 KreoStudio in order to circumvent or abuse the KreoStudio messaging system or KreoStudio platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
• KreoStudio 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.
• KreoStudio does not provide protection for users who interact outside of the KreoStudio platform.
• All information and file exchanges must be performed exclusively on KreoStudio’s platform.
• Rude, abusive, aggressive, discriminatory, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
• Users may not submit proposals or solicit parties introduced through KreoStudio to contract, engage with, or pay outside of KreoStudio.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

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 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.

Non-Permitted Usage

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

Inappropriate Behaviour & Language – Communication on KreoStudio should be friendly, constructive, and professional. KreoStudio 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 – Fiverr 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 Jobs 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 KreoStudio will not be protected by our Terms of Service.

Authentic KreoStudio Profile – You may not create a false identity on KreoStudio, misrepresent your identity, create a Fiverr 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. Fiverr 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 – KreoStudio will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

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

Selling Accounts – You may not buy or sell KreoStudio accounts.

 

Additional Violations & Interventions

• KreoStudio 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 KreoStudio’s Terms of Service may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on KreoStudio.
• 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 unauthorised 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 KreoStudio’s approval.
• Disputes should be handled using KreoStudio’s dispute resolution tools (‘Resolution Centre’ on the order page) or by contacting KreoStudio Customer Support.
• KreoStudio may make changes to its Terms of Service from time to time. When these changes are made, KreoStudio will make a new copy of the terms of service available on this page.
• You understand and agree that if you use KreoStudio after the date on which the Terms of Service have changed, KreoStudio will treat your use as acceptance of the updated Terms of Service.

 

Privacy

We respect your privacy and process your personal information in accordance with our Privacy Policy. You agree not to use personal information of other members outside of the site. We are not responsible for any misuse of personal information given by one member to another. Service providers do not receive a buyer’s credit card details.

Availability

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. We do not have control over the availability of services or service providers.

Indemnity

Our indemnity to you.

We provide the site, not the services. We are liable and solely responsible for:

• our use of the site;
• the services, message, content, software or other information we send through the site;
• our breach of any intellectual property rights belonging to others;
• our breach of these user terms;
• our breach of the service provider additional terms; and
• our breach of any industry code, regulation or law that applies.

You have no responsibility to us for, and we agree to indemnify you from, all claims, liabilities, costs, expenses (including legal fees) and loss arising in any way from any of the matters set out in this clause.

Your indemnity to us.

You are liable and solely responsible for:

• your use of the site;
• any services you buy or provide through the site;
• the services, message, content, information, software or other materials you send through the site;
• your breach of any intellectual property rights belonging to others;
• your breach of these user terms;
• your breach of a services agreement;
• your breach of the service provider additional terms; and
• your breach of any industry code, regulation or law that applies.

We have no responsibility to you or to any another person for all claims, liabilities, costs, expenses (including legal fees) and loss arising in any way from any of the matters set out in this clause (‘claims’) and you agree to indemnify us, our directors, officers, employees and agents from all claims.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim.

This means that you protect us from costs and claims that happen because of your actions on the site.

 

Liability

You should carefully assess whether the site is suitable for your needs. Everything on the site provided by us is given on an ‘as is’ basis and without warranties, either express or implied. We do not promise that the content or your access to the site will be uninterrupted or error-free, that any defects will be corrected, or that the site or content are free of viruses or any other harmful components. We make no promises regarding your access to the site, or the results of your access, in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability.

We accept service providers after we have considered examples of their previous work. But it is up to a buyer to make sure that service providers and their services meet the buyer’s needs. We don’t formally endorse service providers and their services. We don’t have control over anyone else’s business, representations, or the quality of their services or content, so we are not liable to you for anything provided by other members.  If you are unhappy with a buyer, a service provider or a service, please use the dispute resolution process. As we’re not providing the services we don’t provide any type of insurance.

This means we can’t promise that the site will operate perfectly at all times!

KreoStudio is not responsible for service providers.

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.

Once a job is closed, payment will not be refunded except as required under non-excludable law. To request a refund on a closed job a buyer can make a claim to Support. We will assess claims on their merits, with regard to the digital nature of the materials and services as well as communications between buyer and service provider before closure. If the job has been closed and the provider is no longer on the site or cannot be contacted by the buyer, this is not a ground to ask for a refund.

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 KreoStudio terms 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 KreoStudio 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 service provider additional terms
• breach any terms applicable to your KreoStudio account
• 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.

We may take action at any time to investigate any job or service for the purposes of ensuring the correct use of the KreoStudio platform

When dispute resolution does not apply

You acknowledge that the dispute resolution process is not a legal process and that we do not, and cannot, provide legal advice. Agreeing to use the dispute resolution process does not take away your own rights and you can take your own legal advice at any time.

Although we can’t force you to accept the decisions we make, and you retain all your legal rights, we reserve the right to suspend or cancel membership of members that do not use this process fairly in our view.

We want you to take advantage of the dispute resolution process and recommend that you use it before trying other ways to resolve issues using others. If a buyer issues a charge back through a payment provider, we can’t start the dispute resolution process, or make a payment to either buyer or service provider, until that charge back process has been finalised.

To avoid making duplicate payments only one dispute / charge back can be on foot at a time.

Law

We control and operate KreoStudio from our offices in South Africa. The laws of South Africa govern these user terms, and you submit to the jurisdiction of the courts there. Any notice you provide to us must be emailed to us.

These user terms will apply at all times that you access the site; they will end when you are no longer a member of the site and no longer access the site.

We do not provide any legal advice on this site. Please consider for yourself the suitability of these user terms, the services agreement between buyers and service providers and, if you are a service provider, the service provider additional terms.

Effective date December 25, 2019