Upency 's Terms of Service
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, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. 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 herein. This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 15 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 15 you are not permitted to use the Site or the Upency services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site
SELLERS
Basics
Sellers create Jobs on Upency to allow Buyers to purchase their services.
Sellers may also offer Custom Offers to Buyers in addition to their Jobs.
Each Jobs you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.
Upency accredits Sellers once an order is completed.
For more information about receiving payments, fees and taxes see the Payment Terms.
Sellers may not promote their Jobs or any Upency content via the Google Ads platform.
For security concerns, Upency 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 Upency accounts to a single withdrawal provider.
Jobs
Sellers are allowed to post a select amount of active Jobs based on their purchases membership.
Jobs and/or users may be removed by Upency 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:
- Illegal or Fraudulent services.
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported.
- Adult oriented services, Pornographic, Inappropriate/Obscene
Intentional copies of Jobs. - Spam, nonsense, or violent or deceptive Jobs.
- Jobs misleading to Buyers or others.
- Reselling of regulated goods.
- Offering to prepare academic works on behalf of Buyers
Exceedingly low quality Jobs. - Promoting Upency and/or Upency Jobs 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.
Jobs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
Jobs that are removed for violations are not eligible to be restored or edited.
Jobs may be removed from our Search feature due to poor performance and/or user misconduct.
Jobs may include pre-approved website URLs contained within the Job description and requirements box. Jobs containing websites promoting content, which violates Upency’s Terms of Service and/or our Community Standards, will be removed.
Jobs are required to have an appropriate Job image related to the service offered. An option to upload 9 additional Job images are available to all Sellers.
Sellers must deliver the same quality of service as shown on their Job images. Recurring deliveries that don’t match the quality shown on the Job images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
Jobs may contain an approved Job Video uploaded through the Job management tools available on Upency.
Statements on the Job Page that undermine or circumvent these Terms of Service is prohibited.
Eligible Jobs in select Categories may set up Job Packages to offer their services in structured formats with multiple price points for the selected Job.
Certain categories are available only to Pro Sellers to create Jobs. If you are not a Pro Seller, creating a Job for services available to Pro only may result in removal of your Job.
BUYERS
Basics
You may not offer direct payments to Sellers using payment systems outside of the Upency platform.
Upency retains the right to use all publicly published delivered works for Upency marketing and promotional purposes.
Buyers may request a specific service from the Make Offer feature. Services requested on Upency must be an allowed service on Upency .
Purchasing
Please Check out here how you can make order on Upency.
ORDERS
Basics
Once payment is confirmed, your order will be created and given a unique Upency order number (#UO).
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.
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.
Certain Jobs that offer local services might require Buyers and Sellers to meet in person in order for the Seller to perform the service. In such cases, users should note that Upency does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Sellers. Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Upency has no responsibility or liability related to any local services provided by the Sellers. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Upency’s Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
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. Upency 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.
Reviews
Feedback reviews provided by Buyers while completing an Order are an essential part of Upency’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 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 Upency platform from users within our Community.
Feedback comments given by Buyers are publicly displayed on a Seller’s Job page.
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.
Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
Once the Buyer submits his/her review, the Seller will receive a notification.
Once both Seller and Buyer have completed their reviews, all posted reviews are made public.
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 Upency’s Customer Support department for assistance.
User Conduct and Protection
Upency maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Upency. This section relates to the expected conduct users should adhere to while interacting with each other on Upency.
Basics
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 Upency in order to circumvent or abuse the Upency messaging system or Upency platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
Upency 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.
Upency does not provide protection for users who interact outside of the Upency platform.
All information and file exchanges must be performed exclusively on Upency’s platform.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
Upency is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
Users may not submit proposals or solicit parties introduced through Upency to contract, engage with, or pay outside of Upency.
Reporting Violations
If you come across any content that may violate our Terms of Service and/or our Community Standards, 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.
Non-Permitted Usage
Adult Services & Pornography – Upency does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Upency should be friendly, constructive, and professional. Upency 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 – Members’ security is a top priority. 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 Upency will not be protected by our Terms of Service.
Authentic Upency Profile – You may not create a false identity on Upency, misrepresent your identity, create a Upency 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. Upency 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 – Upency 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 Upency 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 Upency account.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Upency.
Selling Accounts – You may not buy or sell Upency accounts.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UPENCY NOR ANY PERSON ASSOCIATED WITH UPENCY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL UPENCY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
