Oxooma's Terms of Service
Last Update: January 2021
Welcome to Oxooma.com. We bring buyers & sellers of creative services together and the enable purchasers to enhanced levels of service when the purchasers can access Oxooma
Sellers with the genius status attached to them.
The following terms & conditions govern your access to and use of the Oxooma website, including any content and services offered on or through www.oxooma.com #
Oxooma retain 20% of the purchase cost for the operational turnover. This percentage changes when you become an Oxooma genius with the genius status granted by Oxooma.
Please read these Terms & Conditions 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 & Conditions 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 (where applicable), to be bound and abide by these Terms & Conditions.
If you do not want to agree to these Terms & Conditions 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 16 years of age or older. If you are under 16 you may not use this Site or the Oxooma 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.
Key Terms
Buyers are users who purchase services on Oxooma.
Business Account is a collaborative Buyer account, created via Oxooma Business, as detailed on Oxooma Business Terms of Service.
Business Account Team Member or Team Member is any user that is invited or uses a Business Account.
Logo Design is an original design for a logo uploaded by a Seller through the Oxooma Logo Maker.
Logo Maker is the automated logo design tool offered by Oxooma to users as further explained in these Terms of Service.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Project.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Project Page.
Sellers are users who offer and perform services through Projects or through the Logo Maker on Oxooma.
Overview
§ Only registered users may buy and sell on Oxooma. Registration is free.
§ Buyers pay Oxooma in advance to create an order.
§ Orders are purchased through the Order button found on a Seller’s Project page or through a Custom Offer.
§ For fees and payments please read the Payment Terms.
§ Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
§ Users may not offer or accept payments using any method other than placing an order through Oxooma.com.
§ When purchasing a Project, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Project page.
§ Oxooma retains the right to use all published delivered works for Oxooma marketing and promotion purposes.
§ We care about your privacy. You can read our Privacy Policy. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
§ Users undertake to comply with Oxooma’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Oxooma community and marketplace in addition to these Terms of Service, as updated from time to time.
SELLERS
§ Sellers create Projects on Oxooma to allow Buyers to purchase their services.
§ Sellers may also offer Custom Offers to Buyers in addition to their Projects.
§ Each Project you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
§ For more information about receiving payments, fees and taxes see the Payment Terms.
§ Sellers may not promote their Projects or any Oxooma content via the Google Ads platform.
§ The Seller's rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
§ For security concerns, Oxooma 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 behaviour reported by other users, or associating multiple Oxooma accounts to a single withdrawal provider.
§ Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
§ Projects and/or users may be removed by Oxooma from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
o Illegal or Fraudulent services
o Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy.
o Adult oriented services, Pornographic, Inappropriate/Obscene
o Intentional copies of Projects
o Spam, nonsense, or violent or deceptive Projects
o Projects misleading to Buyers or others
o Reselling of regulated goods
o Exceedingly low quality Projects
o Promoting Oxooma and/or Oxooma Projects 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.
§ Projects that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
§ Projects that are removed for violations are not eligible to be restored or edited.
§ Projects may be removed from our Search feature due to poor performance and/or user misconduct.
§ Projects may include pre-approved website URLs contained within the Project description and requirements box. Projects containing websites promoting content, which violates Oxooma’s Terms of Service and/or our Community Standards, will be removed.
§ Projects are required to have an appropriate Project image related to the service offered. An option to upload two additional Project images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Project images. Recurring deliveries that don’t match the quality shown on the Project images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
§ Statements on the Project Page that undermine or circumvent these Terms of Service is prohibited.
§ Eligible Projects in select Categories may set up Project Packages to offer their services in structured formats with multiple price points for the selected Project.
§ Certain categories are available only to Pro Sellers to create Projects. If you are not a Pro Seller, creating a Project for services available to Pro only may result in removal of your Project.
Levels
Oxooma 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,
§ Oxooma Sellers can gain account Levels based on their activity, performance and reputation.
§ Advancement in Levels are updated periodically by an automated system.
§ 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.
Pro Sellers
§ Pro Sellers are pre-verified professionals who undergo a vetting process by Oxooma editors. Applying for Oxooma Pro is open to everyone: professional freelancers who are new to Oxooma, as well as existing Oxooma Sellers.
§ Pro Sellers eligibility is constantly evaluated by Oxooma to ensure that the quality standards and expectations of the Pro Seller selection is kept. Oxooma retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it
Seller Features
Oxooma Sellers have access to several exclusive features that help customize the way their services can be offered.
Custom Offer
§ Sellers can also send Custom Offers addressing specific requirements of a Buyer.
§ Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
§ Custom Offers are sent from the conversation page.
§ Services provided through Custom Offers may not violate Oxooma’s Terms of Service and/or our Community Standards.
§ Project Milestones:
o Custom Offers above £100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
o A milestone is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will be cancelled.
o Once a milestone is delivered, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. Please note that if you choose to stop the Order, the current delivered milestone will not be cancelled.
Stock Images
§ Eligible Projects have the option to use Stock Images.
§ “Stock Images” is a Project Extra that allows Sellers to choose from an exclusive catalogue of images as part of the final delivery of work.
§ Sellers earn 25% of revenue from the Stock Images Extra, for completed orders only.
§ Important: Each selected Stock Image is authorized for a one time use. The selected image is integrated with the delivered work only and not as a stand-alone or for recurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party.
§ Important: If you cancel an Order that includes a Stock Image, the usage of that Stock Image will be cancelled as well and you will no longer be able to use the Stock Image Extra on the same Order.
§ Images provided on Oxooma and shall be responsible for all Stock Images and their quality.
§ When using Stock Images, you represent and warrant the following:
o You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.
o Stock Image(s) may not be used:
o on a stand-alone basis with no other content;
o for pornographic, defamatory or other unlawful purposes;
o as templates used to create multiple copies of the same Project;
o for the purpose of enabling file-sharing of the image file; or
o in logos, trademarks, service marks or any other branding or identifiers.
o If Stock Images featuring individuals is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
o You may not activate the “right-click” function in Stock Images, remove any metadata in Stock Images, or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Images on a stand-alone basis.
o No ownership or copyrights to Stock Images are granted to you.
§ Users can contact Oxooma's customer support department for assistance.
Shipping Physical Deliverables
Some of the services on Oxooma are delivered physically (arts and crafts, collectable items, etc.). For these types of Projects, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
§ Projects that include shipping costs must have physical deliverables sent to Buyers.
§ Shipping costs added to a Project only pertains to the cost Sellers require to ship physical items to Buyers.
§ Important: Buyers who purchase Projects that require physical delivery, will be asked to provide a shipping address.
§ Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
§ Oxooma does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
§ A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.
BUYERS
Basics
§ You may not offer direct payments to Sellers using payment systems outside of the Oxooma platform.
§ Oxooma retains the right to use all publicly published delivered works for Oxooma marketing and promotional purposes.
§ Please refer to the Payment Terms for making Payments through the Oxooma platform and to learn about fees and taxes.
§ You may not offer Sellers to pay, or make payment using any method other than through the Oxooma.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
Basics
§ Once payment is confirmed, your order will be created and given a unique Oxooma order number
§ Sellers must deliver completed files and/or proof of work according to the service that was purchased and advertised on their Project.
§ An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
§ We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Oxooma's Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
Handling Orders
§ When a Buyer orders a Project, 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 Projects. 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.
§ Users are responsible for scanning all transferred files for viruses and malware. Oxooma will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Reviews
§ Feedback reviews provided by Buyers while completing an Order are an essential part of Oxooma'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 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.
§ Feedback comments given by Buyers are publicly displayed on a Seller’s Project 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 Project 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 Project’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.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Oxooma's Customer Support department for assistance.
User Conduct and Protection
Oxooma enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value.
Oxooma maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Oxooma. This section relates to the expected conduct users should adhere to while interacting with each other on Oxooma.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.
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 Oxooma in order to circumvent or abuse the Oxooma messaging system or Oxooma platform is not permitted.
§ Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
§ Oxooma does not provide protection for users who interact outside of the Oxooma platform.
§ All information and file exchanges must be performed exclusively on Oxooma'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.
§ Oxooma is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
§ Users may not submit proposals or solicit parties introduced through Oxooma to contract, engage with, or pay outside of Oxooma.
Orders
§ 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.
Projects
§ Users may report Projects to Customer Support that may be in violation of Oxooma’s Terms of Service based on the reported Projects’s replicated similarity to pre-existing services (copycat Projects).
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.
Violations
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards 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 - Oxooma does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Oxooma should be friendly, constructive, and professional. Oxooma 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 Projects 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.
Authentic Oxooma Profile - You may not create a false identity on Oxooma, misrepresent your identity, create an Oxooma profile for anyone other than yourself , 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. Oxooma 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.).
Fraud / Unlawful Use - You may not use Oxooma 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 Oxooma community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Oxooma’s Terms of Service and/or our Community Standards is a 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 Oxooma. This includes creating new multiple accounts to harass members through our message or ordering system.
Proprietary Restrictions
The Site, including its general layout, design and content, is exclusively owned by Oxooma and protected by copyright and trademark law. Oxooma Projects are all registered trademarks owned exclusively by Oxooma. Users have no right, and specifically agree not to copy, transfer, adapt, modify, distribute or reproduce it, in any manner; reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; modify or create derivative works; remove any copyright notice, identification or any other proprietary notices, or; use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Feedback Rights
To the extent that you provide Oxooma with any comments, suggestions or other feedback regarding the Oxooma platform or the Site as a whole, as well as other Oxooma products or services, you will be deemed to have granted Oxooma an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Oxooma is under no obligation to implement any Feedback it may receive from users.
Confidentiality
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
General Terms
§ Oxooma reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
§ Violation of Oxooma's Terms of Service and/or our Community Standards may get your account disabled permanently.
§ Users with disabled accounts will not be able to sell or buy on Oxooma.
§ Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
§ Users have the option to enable account Security features to protect their account from any unauthorized usage.
§ Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
§ Oxooma may make changes to its Terms of Service from time to time. When these changes are made, Oxooma will make a new copy of the terms of service available on this page.
§ You understand and agree that if you use Oxooma after the date on which the Terms of Service have changed, Oxooma will treat your use as acceptance of the updated Terms of Service.
Ownership
Ownership and limitations: When purchasing a Project on Oxooma, unless clearly stated otherwise on the Seller's Project page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Seller, and the Seller waives any and all moral rights therein. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Project and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. This means that if you purchase the Project for personal use, you will own all rights you require for such use, and will not need the Commercial Use License.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Oxooma, including Project texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Oxooma for no consideration for marketing and/or other purposes.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER OXOOMA NOR ANY PERSON ASSOCIATED WITH OXOOMA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL OXOOMA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.