Terms of Service

Welcome!

Thanks for visiting talentsroot’ s website (“Site”). By using our Site, you are agreeing to the site`s Terms of Service (“Terms”). Please read them carefully. We may modify these Terms from time to time to reflect changes in law or any changes to our Site. You should look at these Terms regularly. If you do not agree to the modified terms, you should discontinue your use of our Site. Except as may be expressly stated herein, nothing in these Terms is intended to confer rights on any third party.

Last Modified: July, 2018

DЕFINITIОNЅ

In these Terms of service:

‘Billing’ is the total invoices during a period which the services were provided;

‘Buyer’ means a person buying root from a talent on talentsroot;

‘talent’ means a person selling root for a Buyer on talentsroot;

‘root’ means a piece of work that a talent and Buyer agree via talentsroot is to be provided by the talent to the Buyer.

‘Content’ means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, user contents and interactive features generated, provided, or otherwise made accessible on or through talentsroot;

‘Custom root’ is a piece of work that commences with the acceptance of a proposal by a Buyer or the acceptance of a Hire request by a talent. This work is agreed either after the Buyer has posted a request on talentsroot on in direct communication between a Buyer and a talent in the account. A Custom root can also be agreed after agreement between talent and buyer;

‘Guest’ means an unregistered user of talentsroot;

‘Dispute’ means a dispute raised in relation to a rejected Invoice or a rejected Refund Request related to root.

‘Escrow Account’ means the virtual account where money is deposited on Commencement of the root and is only released in accordance with these Terms, and the conditions agreed on between the parties;

‘Invoice’ means a bill for a completed root which is raised by the talent in the Account or in the talentsroot sales dashboard;

‘talentsroot’ means the website with the domain name talentsroot.com;

‘User Account’ means a User’s personal profile, settings, activities, invoices, transactions, funds and balance available for the talent to withdraw;

‘Custom offer’ means an offer made by a talent to a Buyer to provide a Custom root and which must contain a price and description and other details wherever applicable;

‘User’ means any registered person who uses talentsroot;

‘User Content’ means all contents uploaded, submitted, distributed, or posted to the services by Users, including without limitation, Proposals and communication via the Account. User Content does not include any materials or deliverables or intellectual property therein arising from a root, which shall be assigned to the Buyer on successful payment for the root. User Content is the sole responsibility of the person who originated it;

‘Account’ is where all the communication between Buyer and talent is conducted in private. Via the Account, the parties can exchange information including attachments, send a proposal or raise an invoice, make payments, request a refund or raise a dispute in relation to a root.

THE СHЕАT ЅHЕЕT

talentsroot operates a platform linking talents to Buyers.

Services

Services are offered on talentsroot site through roots and Custom roots, which can be fixed price, or packaged price. Services delivered in these ways on talentsroot site are collectively referred to in these terms as “roots”. Whether or not a root is offered and/or accepted is entirely at the discretion of the talent/Buyer. talentsroot has no control over this process. Services are provided by talents directly to Buyers, who determine the deliverables, price and all other requirements.

On Commencement of a root the Buyer pays funds into the Escrow Account, and the buyer must confirm their requirements upfront in the Account. The talent must provide regular progress updates and respond within one (1) working day to all messages from the Buyer, in the Account.

talents must deliver work within the delivery times either defined in their order, or agreed with the Buyer upfront in the Account for Custom root. talents’ will be rated by buyers, any late delivery will be considered and effect the rating.

talents must fulfill their root and Buyers agree to pay for work delivered. Users will be penalized for cancellations or refunds caused by them, without just a reason. talents must provide, and be given the opportunity by the Buyer to provide at least two further iterations on the work delivered if the Buyer is not initially satisfied.

Once the root has been completed the talent will raise a request to receive payment, including the release of funds held in the Escrow Account. talents must not request payment upfront before work has been completed. Buyers must pay within the 7 days’ payment terms.

Funds

talentsroot IS NOT A BANK and only holds funds for the purpose of settling the provision of services and specific invoices of talents. We strongly recommend that all users do not hold balances on the platform. No user is permitted to hold a balance on the platform for more than 30 days if the balance is more than 30$. After 45 days of reaching the 30$ balance, all talents must have provided at least one valid withdrawal account and will have their funds paid out to one of their withdrawal accounts (Chosen by us), or in the case of Buyers, we will return the funds back to the buyer balance. If we are unable to payout or return funds after 60 days, talentsroot will apply an admin fee to the balance until it is withdrawn or zeroed. Funds held by talentsroot on the platform are not insured nor covered by any financial services compensation scheme or any other government agency. talentsroot holds the funds in a separate client account.

Payments

talentsroot acts as an Agent of Payment between the Buyer and talent. In return for full invoice payment by the Buyer for the root, talentsroot agrees to discharge the Buyers obligations relating to debts owed to the talent under these Terms of service agreement. talentsroot agrees to make such funds available to the talent balance with 24 hours, subject to fraud some AML procedures. talents are then able to withdraw those funds subject to the setting up of a valid withdrawal account. talentsroot takes its obligations to prevent fraud money laundering seriously and reserve the right to delay payments to talents if fraud or money laundering is suspected. All payments for work completed must go via talentsroot has given its express written permission otherwise in relation to a specific payment or invoice; attempts to pay outside of talentsroot will lead to sanctions not limited to immediate account suspension, Users must immediately report to talentsroot any offers to pay outside of talentsroot made by their Buyer or talent.

Rights

Once payment has been made, Buyers are granted all rights for the delivered work.

Contacting

For purposes of service messages, notices, offers and news about talentsroot, Users receive alerts on certain pages and emails to the email addresses associated with their accounts.

Once the user registers on talentsroot.com , means that the terms of service and privacy policy is accepted and the user accept to receive marketing emails from talentsroot.com on his/her registered email address.

All private messages, transaction messages and live chat messages are monitored for quality assurance and control.

UЅЕR ACCOUNTS

To access the full talentsroot site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. Both Buyers and talents undergo the same account registration process.

Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).

Users cannot register for more than one account.

The information that Users supply in the personal information profile of their account must comply with talentsroot profile policies.

talentsroot reserve the right to restrict your access, temporarily or indefinitely block your account, stop any root you have in progress, warn other Buyer and talents of your actions or issue you a warning if:

You breach the letter or spirit of these terms of service or the referenced policies;

talentsroot are unable to verify or authenticate any information you provide to us;

talentsroot believe that your actions may cause any liability to our Users or to us

Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person’s user account or registration information for the Website.

You confirm that you are not economically barred/limited under sanctions rules of any country worldwide. If your circumstances change to be included in such lists, please cease using talentsroot immediately.

ROOT (JOB) DELIVERY

All direct communication between Buyer and talent must go via the Account to keep both parties protected in case of a Dispute.

Once the root has been completed the talent will send the order to the Buyer and:

The Buyer is then able to leave feedback for the talent, upon which the funds held in the Escrow Account will be automatically released to the talent as payment after 7 days:

Alternatively, if the Buyer is not satisfied with the deliverables they can reject the order and provide the talent with detailed feedback on what work remains outstanding. The talent must provide, and be given the chance to provide, at least two revisions of the deliverables based on detailed feedback from the Buyer:

If the Buyer does not either I) leave feedback for the talent, nor ii) reject the order, the funds held in the Escrow Account will be automatically released on their behalf to the talent as payment after seven (3) days.

If the funds held in the Escrow Account are released to the talent in accordance with above. talentsroot and the talent will be entitled to assume that the Buyer is satisfied with the root and does not have a dispute of any kind in relation to the root. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

Custom root

The talent’s payment for Custom roots are either agreed as fixed price, price per item.

For a fixed priced Custom root, the Buyer agrees to pay the talent based on deliverables. the Custom root will only be invoiced upon full completion of all deliverables.

For price per item Custom roots the Buyer agrees to pay the talent for all items delivered.

On acceptance of a Proposal the Buyer will pay into the Escrow Account the agreed deposit amount.

The Buyer must then provide their detailed requirements in the Account so that the talent can get started. These requirements should include (but not be limited to):

Time frame for delivery of the root or milestones;

Description of any subjective elements of the root like aesthetics providing similar examples;

Breakdown of all expected deliverables;

Any other expectations for the work;

Once requirements have been received from the Buyer, the talent must:

Respond in the Account within one (1) working day to confirm commencement of work. Failing to respond within one (1) working day to the Buyer`s request, the Buyer will be entitled to a refund.

Provide regular progress updates in the Account and respond within one (1) working day to all Account messages from the Buyer;

Complete the root, including handover of all deliverables in the Account, within the delivery time scales agreed with the Buyer.

If a previously agreed deadline was missed and was unavoidable then the talent must inform the Buyer immediately in the Account and provide a revised delivery date.

Failing to deliver the work within agreed time scales or repeatedly revising previously agreed deadlines may mean the Buyer requests a cancellation of the Custom root and will be entitled to a refund of any funds in the Escrow Account.

Late or non-delivery of a root will negatively affect the talent’s rankings on talentsroot.

All direct communication between Buyer and talent should go via the Account to keep both parties protected in case of a Dispute.

When the Custom root is completed the talent will raise an Invoice:

The fees charged in the Invoice should be as has been explicitly agreed upfront in the Proposal. If requirements/scope changes materially during a Custom root, the talent may need to propose a change to a previously agreed price. This must be explicitly agreed in the Account before any extra work is undertaken so that the Buyer can confirm whether they wish to proceed with the additional scope for the extra cost;

The Buyer must pay the Invoice within seven (7) days of the Invoice being raised;

Alternatively, if the Buyer does not agree that the root has been completed then the Buyer can reject the Invoice. The Buyer must then provide the talent with detailed feedback in the Account on what work remains outstanding. The talent must provide, and be given the chance to provide, at least two iterations of the deliverables based on detailed feedback from the Buyer;

if the Buyer pays the invoice or funds are utilized in accordance with above, talentsroot and the talent will be entitled to assume that the Buyer is satisfied with the root and does not have a dispute of any kind in relation to the root. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank or PayPal.

QUALITY

All talents on talentsroot must strive to deliver a high standard of work, appropriately meeting their Buyer’s needs.

Specifically, talents must ensure that all deliverables are:

Error free;

Fully address each of the Buyer’s defined requirements;

Are a complete set of deliverables as defined in the order description or as agreed in the Account as part of the requirements for Custom root; And, for root. are of a standard consistent with the level of expertise indicated in the talent’s profile and proposals.

THE HEAVY BUT IMPORTANT BITS:

The Buyer and talent decide on the type of root, custom or fixed price. They determine the terms and conditions of “root”, including deliverables, any specific requirements, and for “roots” the price, directly between them. The Buyer and talent create a direct service contract between themselves and talentsroot is not party to that contract (‘the Service Contract’).

Subject to this being varied as part of the Service Contract, ownership in and to any materials and or deliverables arising from a root and any intellectual property rights therein, will be assigned to the Buyer upon successful payment to the talent. If the Buyer and talent wish to include any special terms of the contract (for example, in relation to the ownership of the work produced, ownership of intellectual property rights or special rights of termination), the Buyer and talent should negotiate and document these terms in the root Account.

Subject to variation in the Service Contract, the terms and conditions of each root shall be deemed to incorporate a term that in consideration of the fee paid for the root the talent thereby assigns to the Buyer absolutely with full title guarantees the following rights throughout the world:

The entire copyright and all other rights in the nature of copyright subsisting in the root any database right subsisting in the root and

All other rights in the root of whatever nature, whether now known or created in the future, to which the talent is now, or at any time after the date of Commencement of the root may be, entitled by virtue of the laws in force in the Jordan and in any other part of the world.

In each case for the whole term including any renewals, reversions, revivals and extensions and together with all related rights and powers arising or accrued, including the right to bring, make, oppose, defend, appeal and obtain relief (and to retain any damages recovered) in respect of any infringement, or any other cause of action arising from ownership, of any of these assigned rights, whether occurring before, on, or after the date of Commencement of the root.

You promise that:

You are able to pay for the services if you are a Buyer and perform the services if you are a talent;

You are not in breach of any applicable laws, rules or regulations or obligations to any other person;

You have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes including without limitation PAYE or other income tax and national insurance;

You shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, root, or Proposal on or through the services talentsroot provide, including without limitation any User Content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.

You are as a user (talent and/or buyer) is fully responsible about the information, images, videos and any data you publish on the site, and Talents Root LLC is not responsible about all this.

ORDERS

Basics

Once payment is confirmed, your order will be created and given a unique talentsroot order number (#FO).

talents must deliver completed files and/or proof of work using the order number (located on the Order page) according to the service that was purchased and advertised on their root.

Using the Deliver Work button may not be abused by talents 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 talent’s rating and result in a warning to talent.

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 talents to try and settle conflicts amongst themselves. If for any reason this fails after using our support center or if you encounter non-permitted usage on the Site, users can contact talentsroot’ s Customer Support department for assistance here.

HANDLING ORDERS

When a buyer orders a root, the talent is notified by email as well as notifications on the site while logged into the account

talents are required to meet the delivery time they specified when creating their roots. Failing to do so will allow the buyer to cancel the order When an order is marked as late and may harm the talent’s status.

talents 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. talentsroot will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

A talent may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the talent’s status.

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 talent’s description on their root page or they do not match the requirements sent to the talent at the beginning of the order process.

REVIEWS

Feedback reviews provided by buyers while completing an order are an essential part of talentsroot’ s rating system. Reviews demonstrate the buyer’s overall experience with the talents and their service. Buyers are encouraged to communicate to the talent any concerns experienced during their active order in regards to the service provided by the talent.

Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.

To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the talentsroot platform from users within our Community. Purchases arranged, determined to artificially enhance talent ratings, or to abuse the talentsroot 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 talent’s root page. Buyers have the option not to include a comment, but still rate the service. 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. Work Samples are added to a talent’s Live Portfolio on their root 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 root’s service with the intent to gain favorable reviews or additional services is prohibited.

Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review. 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 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.

talents may not solicit the removal of feedback reviews from their buyers through mutual cancellations.

PAYMENTS

Payments are made for a root agreed by the Buyer as successfully completed. The payment terms are seven (7) days.

For roots, the talent must not request a release of funds from the Escrow Account prior to root completion; the purpose of funds being held in the Escrow Account is to provide the talent with the security needed for them to undertake the work. Buyers must report such cases immediately. In such cases the talent account may be temporarily or permanently suspended.

Regular payments may be made utilizing the Auto Pay feature. talentsroot provides this facility solely to simplify the payment process. Use of this facility does not alter the nature of the relationship between talentsroot and its Users or between Buyers and talents.

All payments between Buyer and talent must be processed through talentsroot, both for work sourced on talentsroot and for any follow on work between the Buyer and talent, either for the same root or another root. A talent may seek express written permission from talentsroot to allow payment by alternative means for a specific invoice or payment if the talent intends to issue proceedings or pursue legal action against the Buyer.

Payment (or attempt of) outside of talentsroot is a breach of these terms and conditions unless the prior express written consent of talentsroot has been obtained. Such payment (or attempt of) and will lead to temporary and/ or permanent suspension of the Buyer and or talent’s account. The talent will be liable for any loss of business and legal expenses that talentsroot may incur in recovering it. talentsroot reserves the right to sanction funds held in the talent Account in order to recover lost fees. Moreover, talentsroot will not mediate any Disputes or be liable to either the Buyer or talent’s loss of business as a result of violation of this clause. Users must report attempts or offers to make payment outside of talentsroot by their Buyer or talent to talentsroot immediately.

Payments by Buyers are routinely checked by talentsroot for fraud prevention purposes, before any payments are released to the talent. talentsroot aim to process these payments and credit funds to the talent’s talentsroot User Account within three (3) working days, however talentsroot reserve the right to take up to ten (10) working days.

To withdraw funds from their talentsroot User Account a talent needs to request a withdrawal on an authorized withdrawal account. An authorized withdrawal account can be either:

A Bank account (Excluding sanctioned countries) or PayPal account with the same name and email address as registered and verified on the user’s profile

talentsroot process payments daily and will send the money to the talent via their selected payment preference. Once talentsroot has processed payments, they are then subject to time scales imposed by the banking clearing system.

For security reasons, talentsroot reserves the right to request additional information from Buyers and talents, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:

A copy of a Government issued ID (Passport, Driver’s License or National ID Card);

A copy of a recent utility bill showing your name and address (less than 3 months old);

For credit/debit card users (one of the following):

A copy of the front and back of the card used. For Security Compliance we recommend that you blank out the central 8 digits of the card number digits, and the last three digits from the number on the back;

Credit or Debit Card Bank Statement of the card used on your talentsroot User account (less than 3 months old). For Security Compliance you must blank out the central 8 digits of the card number digits;

For PayPal users:

PayPal Account statement showing your PayPal registered name, email address and verification status along with any relevant transactions.

In using the Escrow Account, talentsroot act, subject to these terms and conditions, on the User’s behalf. talentsroot holds the funds in a separate client account. talentsroot IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of talents. We strongly recommend that all users do not hold balances on the platform. Funds held by talentsroot on the platform are not insured nor covered by any Financial Services Compensation Scheme or any other government agency. Users will not receive interest or other earnings on the funds in their Escrow Account or talentsroot User Account. talentsroot will endeavor to ensure that the funds in the Escrow Account or talentsroot User Account are available to the User in accordance with these Terms and Conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.

If talentsroot has to return funds to the Buyer due to the Buyer (contrary to these Terms and Conditions) filing a dispute or requesting a payment be reversed through its credit card provider, bank or PayPal then talentsroot will be entitled to recover any such amount from the talent’s talentsroot User Account (and if insufficient monies are in the talent’s Account), credit card or other previously made payment method if available. If talentsroot is unable to recover the amount returned to the Buyer from the talent in full then the talent agrees to pay to talentsroot any outstanding sums within 48 hours of talentsroot making a request.

To prevent funds being held indefinitely in the Escrow Account, talentsroot will notify the talent in the event of funds being held in an Escrow Account for a root that i) does not have an unpaid Invoice nor an open Dispute; and ii) has not had any activity in the Account for a period of one (1) calendar month or longer. Activity is defined as any action by the Buyer or talent in the Account such as: a message posted, an Invoice is raised, a deposit into the Escrow Account made or a Refund Request raised.

The talent will be asked to confirm either i) that the root is still in progress by posting a message to the Buyer in the Account with an update on progress; ii) that the root has been completed by raising an Invoice iii) that the root was cancelled.

If no action is taken by the talent within seven (7) days, it will be assumed that the root was not delivered by the talent and the funds held in the Escrow Account will be automatically refunded back to the Buyer’s talentsroot User Account. In this event the talent’s rankings will be affected.

talentsroot uses third-party service providers including HyperPay, Bank and PayPal to process payments by Buyers and to transfer funds to talents. These third-party payment service providers are regulated and authorized to provide payment services in the countries where they operate. talentsroot may share your personal or transactional information with third-party payment service providers when it is necessary to process payments.

LEAVING FEEDBACK

When the root is completed and the talent has been paid by the Buyer, both parties are asked to provide both qualitative feedback and a rating from 1-5 for the other party. This rating influence each User’s ranking on talentsroot. In order for a user to read a received review, they have to submit their feedback as well. A review (feedback) is published on the member profile page ten, both parties (Buyer and talent) leave their feedback within the first 60 days since invoice payment (funds released the amount paid). In case 60 days have passed, any submitted review is disclosed and users that haven’t left any review will no longer be able to do so.

Users can also provide their feedback while requesting (Buyer) or issuing (talent) a refund.

Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to talentsroot.

Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.

CANCELLATIONS AND REFUNDS

Cancellation of a root

After the Commencement of a root, the Buyer or talent may request a cancellation:

The requestor must notify the other party of the cancellation by placing a message in the Account. Alternatively, if there are funds in the Escrow Account and the Buyer believes they are entitled to a refund subject to, the Buyer can notify the talent of the cancellation by requesting a refund using the “Request Refund” action on the Account.

if the Buyer fails to notify the talent in the Account that they wish to cancel the root and the root is subsequently completed, the Buyer must pay for the service delivered in accordance with these terms and conditions and should not seek to file a dispute or reverse payment with their credit card provider or PayPal.

Once notified of a cancellation:

The talent should stop working on the root immediately;

The parties should agree in the Account what payment is necessary for any work completed.

root Refund policy

A Buyer is entitled to receive a refund of funds held in the Escrow Account under the following circumstances:

No response: The talent has not responded in the Account within one (1) working day of the Commencement of the root;

Non-delivery: for fixed price or price per item Custom roots, non-delivery means agreed scope of work was not delivered within the agreed time scales;

Poor quality: the deliverables provided by the talent do not meet the terms defined in Section 3.2 after at least two revisions have been provided by the talent in response to detailed feedback from the Buyer, or the talent lost a Dispute.

Buyer and talent may mutually agree to a refund for reasons other than the previous clause however authorization of such refunds will be subject to a review by talentsroot. Refunds are only applicable to funds held in the Escrow Account. Funds should only be paid out of the Escrow Account once the Buyer is satisfied that the root (or any agreed milestone deliverables) has been completed. By releasing funds from the Escrow Account the Buyer accepts that this money is non-refundable.

Buyers must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Buyers account being automatically suspended.

Requesting a refund

A Buyer can request a refund of the funds held in the Escrow Account using the “Request Refund” action in the Account and specifying a reason for their request:

  1. The talent must either approve or reject the Refund Request. Rejected Refund Requests are raised automatically to talentsroot for Dispute assistance
  2. If the talent does not respond to a Refund Request within three (3) working days (a “non-actioned” Refund Request) then talentsroot may release the funds automatically back to the Buyer subject to the following clause.

talentsroot will process approved (or non-actioned) refund requests back to the Buyer’s talentsroot User Account subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If talentsroot reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations talentsroot shall not be obliged to make the refund.

Refund and cancellation penalties

Users are strictly discouraged from causing cancellations and refunds. Refunds will impact Users standing in the talentsroot marketplace as follows:

Where the talent is at fault for the refund (for example, due to no response. poor quality of work or they have cancelled the root), it will negatively impact their talent status and rankings;

Where the Buyer is found to be the cause for the refund (for example, an early cancellation due to a change in their business need) it will negatively impact their Buyer status;

Multiple refunds attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity.

talentsroot will process approved (or non-actioned) refund requests back to the Buyer’s talentsroot User Account subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If talentsroot reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations talentsroot shall not be obliged to make the refund.

DISPUTES

talentsroot encourage our talents and Buyers to try and resolve any disagreements between themselves. However, should that not be possible talentsroot Customer Services can provide Dispute resolution.

A Dispute can be raised:

By the talent manually after a Buyer has rejected an invoice;

By the talent automatically if they decide to reject a Refund Request received from a Buyer.

To raise a dispute, the talent is required to pay a non-refundable fee.

For Invoice Disputes specifically, the amounts taken into consideration for the Dispute are the lower of the escrow balance or invoice amount.

talentsroot will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both parties on the Account, then the dispute will either be cancelled or resolved in line with the mutual agreement.

In the event of having to make a resolution decision, talentsroot will use only the communication in the Account as sole evidence, and consider:

  1. a) If both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to complete or rectify the root;
  2. b) If the root was delivered
  3. c) for Disputes concerning the quality of the work delivered: talentsroot will consider whether the talent has met general quality standards. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;
  4. d) If the Buyer and talent have complied with these terms and conditions.

In the event of having to make a resolution decision on behalf of the parties, talentsroot will notify both parties within fourteen (14) days of the Dispute. The disputed funds shall be dealt with in accordance with the resolution decision and these terms and conditions. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been communicated

Users agree and accept that any payments and/or other actions made by talentsroot in accordance with the resolution decision of a Dispute are made in good faith and Users shall have no cause of action against talentsroot (whether in contract, tort or otherwise) in respect of the resolution decision or any such actions or payments made pursuant to it. Users further agree and accept that they have no right to seek to hold talentsroot liable for a Buyer or talent’s alleged actions or failures.

ROOTS

roots may be removed by talentsroot for violations to these Terms of Service, 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 through our Intellectual Property Claims Policy found here

Adult oriented services, Pornographic, Inappropriate/Obscene

Intentional copies of roots

Spam, Nonsense, or Violent roots

roots misleading to buyers

Reselling of regulated goods

Services that extend beyond 30 days of service duration

roots that are removed for violations mentioned above, may result in the suspension of the talent’s account.

roots that are removed for violations are not eligible to be restored or edited.

roots may be removed from our Search feature due to poor performance and/or user misconduct.

roots may include pre-approved website URLs contained within the root description and requirements box. roots containing websites promoting content, which violates talentsroot’ s Terms of Service, will be removed.

roots are required to have an appropriate root image related to the service offered. An option to upload two additional root images is available to all talents.

roots may contain an approved root Video uploaded through the root management tools available on talentsroot.

Statements on the root Page that undermine or circumvent these Terms of Service is prohibited.

Eligible roots and talents may price their roots at a base price beyond $5. Base prices on roots can be set to $5 and above.

Eligible roots in select Categories may set up root Packages to offer their services in structured

ROOT EXTRAS

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

root Extras may be removed for violations of our Terms of Service. For specific terms, please see the roots section above for a list of services that violate our Terms of Service. roots are subject to be removed due to violations found in root Extras.

Services offered through root Extras must be related to the base service and part of the deliverables on the order.

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

talents have the option to extend the duration of an order for each root Extra that is added to the order. This is to cover the time needed to complete the extra service.

LEVELS

talentsroot is all about helping talents leverage their skills. We seek to empower top performing talents with helpful tools to grow their business. talents who invest in self- promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, talentsroot may reward them with new statuses, special opportunities, benefits, and tools that come with it.

talentsroot talents can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.

Advancement in Levels is updated periodically by an automated system.

The current Levels a talent can achieve are, Level 1, 2, and Top Rated.

talents ‘Who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their talent status and the benefits that come with it. For example, late deliveries, warnings to the talent’s account and cancellations can cause a talent to move to a different Level.

Advanced levels provide their owners with additional benefits, including offering roots for higher prices through root Extras, or selling their root in multiples.

TOP RАTЕD TALENTS

Top Rated talents are chosen manually by talentsroot 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. lop Rated talents gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.

Top Rated eligibility is constantly evaluated by talentsroot to ensure that the quality standards and expectations of the Top Rated selection is kept. talentsroot retains the right to change a Top Rated talent status in light of such evaluation. In addition, Top Rated talents 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 top Rated status and the benefits that come with it.

TALENT FEATURES

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

CUSTOM OFFER

talents can also send Custom Offers addressing specific requirements of a buyer.

Custom Offers are defined by the talent 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 or talents’ profile page or root page.

Services provided through Custom Offers may not violate talentsroot’ s Terms of Service.

WITHDRAWING REVENUES

To withdraw your revenue, you must have an account with at least one of talentsroot’ s withdrawal methods.

Your talentsroot profile can be associated with only one account from each talentsroot withdrawal methods. A withdrawal provider account can be associated with only one talentsroot profile.

Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 7 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 and should be 30$ and above.

Withdrawal fees vary depending on the withdrawal method.

Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

WITHDRAWAL METHODS

Admin fee for inactive User accounts

talentsroot IS NOT A BANK and only holds funds for the purposes of settling the provision of services and specific invoices of talents. We strongly recommend that all users do not hold balances on the platform. No user is permitted to hold a balance on the platform for more than 30 days. If a User has held funds in their talentsroot User Account for a period of sixty (60) days or more than talentsroot will charge a monthly administration fee of 10% for holding those funds on behalf of the User. This fee will be automatically collected each month from the funds in the User’s talentsroot User Account starting from the sixty first (61st) calendar day. A notification email will be sent to the User each time his talentsroot User Account is charged for an administration fee along with instructions to withdraw the funds in his talentsroot User Account. The collection of this fee will end when either i) funds held are less than 60 days old, ii) the balance is cleared.

Currency Conversion

If you require a transaction within the talentsroot site which involves a currency conversion, it will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular base. Exchange rates fluctuations are not under talentsroot control.

A Currency Conversion Fee of 2.5% will be applied every time talentsroot performs a currency conversion. When a currency conversion is available by talentsroot, you will be shown the exchange rate that will be applied to the transaction before you proceed with authorizing the payment transaction. By accepting this transaction, you also agree to the exchange rate currency conversion terms.

GENERAL TERMS OF WEB SITE USE

The talentsroot terms of website use define how Users may make use of talentsroot Whether as a guest or a registered user. They contain the heavy but important stuff so please read them carefully.

PRIVACY STATEMENT

By proceeding to use the talentsroot service Users consent that talentsroot may process the personal data (including sensitive personal data) that talentsroot collects from them in accordance with the talentsroot Privacy Policy.

GOVERNING LAW

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Jordan. The courts of Jordan shall have non- exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

RELATED POLICIES

The following policies are part of these terms and conditions and should be read carefully:

Terms of service

Privacy Policy

YOUR CONTENT IN OUR SITE

If our Site allows you to upload, submit, store, send or receive content, you retain ownership of any intellectual property rights that you hold in that content. We reserve the right to remove, screen, edit, or reinstate any such content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of any such content, nor do we guarantee any confidentiality with respect to your access to our Site, unless expressly stated otherwise. You give us (and those we work with) an unrestricted, irrevocable, world-wide, royalty-free right to use, host, store, communicate, reproduce, modify, publish, display, and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Site, and to develop new sites. This license continues even if you stop using our Site.

COPYRIGHT PROTECTION

It is our policy to respond to clear notices of alleged trademark infringement and copyright infringement that comply with applicable law. If you are a trademark or copyright owner and you believe that any content hosted on our Site infringes your trademark or copyright, then you may submit a notification of such claim by providing us with the following information in writing:

a-  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;

b- A description of the copyrighted work or trademark that you claim has been infringed;

c- A description of where the material that you claim is infringing is located on our site, such as by providing us the URLs to the content;

d- Your address, telephone number, and email address;

e- The federal trademark or copyright registration number, as applicable;

f- A written statement by you that you have a good faith belief that the disputed use is not authorized by the trademark or copyright owner, its agent, or the law;

g- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the trademark or copyright owner or authorized to act on the trademark or copyright owner’s behalf.

Notices of claims of copyright infringement should be made by email to [email protected]

DISCLAIMERS AND LIMITATIONS OF LIABILITY

YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR ANY THIRD-PARTY THAT MAY HAVE CONTRIBUTED TO OUR SITE MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT OUR SITE. FOR EXAMPLE, WE DON’T MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONTENT WITHIN OUR SITE, THE SPECIFIC FUNCTIONS OF OUR SITE, OR THAT OUR SITE WILL BE AVAILABLE OR WILL MEET YOUR NEEDS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY FAILURES, DELAYS, MALFUNCTIONS OR INTERRUPTIONS IN THE USE OF OUR SITE. WE PROVIDE OUR SITE “AS IS”. WE ALSO DISCLAIM AND EXCLUDE ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU FURTHER UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY THIRD-PARTY THAT MAY HAVE CONTRIBUTED TO OUR SITE, WILL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, DIMINUTION IN VALUE, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR ARISING OUT OF YOUR USE OF OUR SITE.

YOU ACKNOWLEDGE AND AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE RESULTING FROM OR ARISING OUT OF YOUR USE OF OUR SITE, MUST BE FILED WITHIN TWELVE MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR FOREVER BE BARRED. YOU AGREE THAT OUR ENTIRE LIABILITY AND YOUR SOLE REMEDY FOR ALL CLAIMS SHALL BE LIMITED, IN THE AGGREGATE, TO $100.00.

INDEMNIFICATION

You accept (or if you are using our Site on behalf of a business, that business accepts) these Terms, and hold harmless and indemnify us and our affiliates, officers, directors, employees, and our successors and assigns, from any claim, suit or action arising from or related to the use of our Site, violation of any rights of a third-party, any content you may submit, post, transmit, or make available through our Site, or any violation of law or these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments and litigation costs, including reasonable attorneys’ fees and expenses.

Taxes. All taxes fees required from talentsroot in Jordan are included within the processing fees.

ADDITIONAL TERMS

Our Site is provided and available only to entities and persons over the age of legal majority who can form legally binding agreements under applicable law. By using our Site, you represent and warrant that (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms; (b) you are 18 years of age or older; and (c) your access to and use of our Site is subject to all applicable international, federal, state and local laws and regulations and you agree not to use our Site in any way that violates such laws or regulations. Use of our Site is void where prohibited. You hereby warrant that if you are acting on behalf of a corporation or other legal entity, such entity is validly formed and existing under the laws of its jurisdiction and you have the requisite authority to enter into these Terms on behalf of such corporation or entity.

We regularly change and improve our Site. We may add or remove content, links, features or functionality at any time. Our Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

These Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you without our consent shall violate these Terms and be void.

Any failure on our part to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. Our failure to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of these Terms is found to be unenforceable or invalid, then only that provision shall be modified or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The laws of Jordan will apply to any disputes arising out of or relating to these Terms or our Site. All claims arising out of or relating to these Terms or our Site will be litigated exclusively in the Hashemite Kingdom of Jordan courts located in Jordan, and you consent to personal jurisdiction in those courts.

This site is provided by Talents Root LLC