AirGigs Terms Of Service

OVERVIEW

  • Services on Airgigs.com are offered for a fixed price established by the seller. Only registered users can buy and sell services on Airgigs.com. Registration is free.
     
  • Services on Airgigs.com are for any music or audio related service that can be delivered remotely i.e. online through the Airgigs.com system.
     
  • Buyers pay Airgigs.com in advance to facilitate an order. Services should be ordered using the 'Order' button on the service or custom offer page.
     
  • Sellers are paid upon successful completion of an order. Airgigs.com charges the seller a 7% commission. Sellers may not offer to accept payments using any method other than the buyer placing an order through Airgigs.com.
     
  • Services offered with a 100% guarantee may be cancelled and refunded for any reason. 
     
  • For information on Copyright and Ownsership, see COPYRIGHT OWNERSHIP AND LIMITATIONS section below.
     
  • Buyers and sellers may use 3rd party file transfer applications to deliver files in excess of 50MB. However all communication and direction related to an order must be documented on the Airgigs.com order page. Communicating off-site can result in warnings, account suspensions and disqualification from Airgigs.com dispute resolution process.
     
  • Airgigs.com does not provide protection for users who interact outside of the AirGigs.com platform, or that are actively violating our terms of service.
     
  • Buyers and sellers on Airgigs.com are human beings. Rude, abusive, improper language or violent messages sent to other Airgigs.com users will not be tolerated, and will result in termination of your account.
     
  • Never use PayPal or your credit card company to reverse a charge, or request a refund of payment, from Airgigs.com. Doing so will get your Airgigs.com account suspended. Always contact our friendly support team at help@airgigs.com

GENERAL

  • Your use of Airgigs.com website and Services equals your understanding of and agreement to this Airgigs.com Terms of Service agreement (“Terms of Service” or “Agreement”).
     
  • If you violate Airgigs.com's Terms of Service, your account may be permanently blocked.
     
  • Airgigs.com may also restrict your use of Airgigs.com for any reason it sees fit
     
  • Airgigs.com reserves the right to curate marketplace content by pausing or deleting any service or account based on it's sole discretion. Users with accounts on hold will not be able to sell or buy on Airgigs.com.
     
  • Airgigs.com may make changes to its Terms of Service from time to time without notice to you. When these changes are made, Airgigs.com will make a new copy of the Terms of Service available at http://www.airgigs.com/terms_of_service. You understand and agree that if you use Airgigs.com after the date on which the Terms of Service have changed, your use of Airgigs.com will equal your acceptance of the updated Terms of Service.
     
  • You agree to use Airgigs.com at your own risk. Airgigs.com does not make any representations or warranties that any material, images, or files obtained from or through Airgigs.com are free from computer viruses or other faults or defects. It is your responsibility to take customary precautions against computer viruses.
     
  • Airgigs.com is not liable if you do not receive e-mail messages from Airgigs.com or from other users of Airgigs.com, if such emails go to your spam folder, if files are lost, or for any other reason. All users of Airgigs.com should set their e-mail programs to receive e-mails from Airgigs.com and should back up all files on their own equipment.
     
  • Airgigs.com makes no representations or warranties concerning inaccuracies, typographical errors or other defects which may become part of the material or content available on this Site.
     
  • You cannot send or upload any material or data to Airgigs.com which is harmful, contains corrupt computer code, contains a virus, is otherwise malicious or harmful, or that attempts to corrupt or change the material, images, notices, or files on Airgigs.com. You may not use Airgigs.com to send or post any material which is obscene, pornographic, offensive, defamatory, unlawful, promotional, spam, copyright-protected, or otherwise harmful. You may not interfere with or inhibit any other person’s use of Airgigs.com. You may not use Airgigs.com in connection with any fraudulent or unlawful purpose; you may not impersonate another person or entity or misrepresent yourself while using Airgigs.com. You agree that all information you provide to Airgigs.com is true, accurate, and complete, and you will maintain and regularly update such information. Failure to comply with these terms will result in a permanent block on your Airgigs.com account.
     
  • The materials and images on Airgigs.com, as well as the AirGigs name, are the property of AirGigs LLC and are protected by copyright and trademark laws. You may view the AirGigs name, materials, and images on your computer for purposes of using Airgigs.com Services, but you may not use any of the AirGigs name, material, or images in any other way without written permission from Airgigs.com.
     

DISPUTES

  • Airgigs.com encourages its buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, disputes between buyers and sellers should be handled using Airgigs.com's dispute resolution tools (“Order Issue?” tab on the Order page) or by contacting the Airgigs.com customer support team at help@airgigs.com, while the order is still in progress.

  • Disputes must be filed before an order is marked completed.

  • Once a dispute is filed, buyer and seller cease all communication and Airgigs.com will attempt to mediate the dispute. Airgigs.com requires a period of up to 14 days to review all order communication and details before mediation begins.

  • Except cases where Services are offered with a "100% Guarantee", buyers cannot contest a delivered work simply based on a subjective “taste” decision.

SELLERS

  • When a buyer orders a service, the seller will be notified within their Airgigs.com account and by e-mail.
     
  • Each Service a seller sells and successfully delivers, accredits the seller’s Airgigs.com account with a net revenue of the established sale price minus the Airgigs.com 7% commission. Airgigs.com accredits sellers once an order is complete. An order is complete once the buyer reviews the delivered work, or 3 days after the work is delivered (whichever comes first).
     
  • Sellers may withdraw their revenues to a PayPal account of their choice, according to the "Withdrawing Revenues" section below.
     
  • Sellers may not include outbound links (to websites, social media pages, etc.) or reference any URLs within their service descriptions, images, or videos.
     
  • Seller's rating is calculated based on feedback received from buyers, amount of orders cancelled and late deliveries.
     
  • Sellers are responsible for reporting and paying all taxes on revenue received through AirGigs. Detailed revenue information can be found within the reports section of your PayPal account.
     
  • Top Rated Sellers are chosen automatically by Airgigs.com based on a list of criteria, including seniority, volume of sales, high rating, exceptional customer care and community leadership. Top rated sellers must have a minimum of twenty-five, 5-star reviews.
     
  • We recommend that sellers invest in self promotion, be realistic about the turnaround time, deliver on time, and consistently provide great customer service in order to attract favorable reviews and make their listings stand out on Airgigs.com.
     

BUYERS

  • Buyers can pay for Services purchased on Airgigs.com using the PayPal portal through Airgigs.com. A user may not pay other users directly using their PayPal account or use any other payment method outside of the Paypal portal provided through Airgigs.com. In case you have been asked to use an alternative payment method, please report it immediately by emailing help@airgigs.com
     
  • Once payment is confirmed, your order will be created.
     
  • Buyers pay AirGigs.com for all orders in advance.
     

ORDER DELIVERY & COMMUNICATIONS

  • To complete an order, Sellers must deliver completed files and/or proof of work using the 'Deliver Completed Work' tab located on the Order Page.
     
  • You are responsible to scan all transferred files for viruses and malware. Airgigs.com will not be responsible for any damages which might occur due to site usage, use of content or files transferred.
     
  • Sellers may use third party file transfer applications to deliver files in excess of 50MB. Use of any third party file transfer application or any other site or service other than Airgigs.com will be governed by the terms and conditions of the third party site or service.
     
  • Once work is delivered, the buyer has 3 days to review or reject the delivered work. Leaving a review will complete the order. A buyer can reject the delivered work by clicking on the "Order Issue?" link at the bottom of the order page. If the buyer takes no action, the order will be marked as complete 3 days after delivery.
     
  • All communications, information and direction related to an order should be performed exclusively using Airgigs.com's messaging system. This is a "paper trail" intended to protect both buyer and the seller in the event of a dispute. Communication outside of Airgigs.com may result in account suspension and disqualify users from Airgigs.com dispute resolution.
     

PAYMENTS FOR SERVICES

  • Sellers may not offer to accept payments using any method other than the buyer placing an order through Airgigs.com.
     

Withdrawing revenues

  • Withdrawing revenues requires having a valid PayPal account. Please make sure that your PayPal account can receive incoming payments before withdrawing funds.
     
  • Your Airgigs.com profile can only be associated with one PayPal account. This association is permanent and can't be changed.
     
  • Revenues are only made available for withdrawal after a safety clearance period of 7 days.
     
  • Funds withdrawn from your Airgigs.com account to your Paypal account are subject to Paypal fees (2.9% of the total withdrawal sum, and .30 cent per transaction). You can learn more about Paypal's fees here
     
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
     
  • Withdrawal payments will be processed within 24-48 hours
     
  • Sellers with blocked accounts will be able to withdraw their revenues after a safety period of 45 to 90 days, depending on the reason for the account blockage, from day of last cleared payment received in their account and subject to Airgigs.com management approval.
     

CANCELLED ORDERS AND REFUNDS

  • Services offered with a 100% guarantee may be cancelled and refunded for any reason.
     
  • Services offered without a 100% guarantee cannot be cancelled due to a subjective decision based on the buyer’s preference. To be eligible for a refund on services without a 100% guarantee, a buyer must show that a seller did not fulfill the seller’s obligations and did not deliver according to the terms set forth in the seller's Service description.
     
  • If an order is cancelled, the seller's revenues are returned to the buyer's Airgigs.com account balance.
     
  • Airgigs.com reserves the right to cancel orders for late delivery.
     
  • Sellers are required to meet the delivery duration they specified when creating their services. Failing to do so will permit Airgigs.com to cancel the order and refund the buyer.
     
  • Both buyers and sellers have the option to cancel an order by mutual agreement. Mutual cancellations have no negative effect on rating. However, excessive cancellations, of any type, have a negative effect on "Top Rated Sellers" eligibility.
     
  • Unanswered mutual cancellation requests will be automatically accepted after 48 hours.
     
  • A seller may force cancel an order at any given moment. However, force canceling an order has a negative effect on the seller's rating.
     
  • Order cancellations (when eligible) can be done by customer support only up to a period of 5 days from order completion date. We will not be able to cancel orders after that time.
     
  • Funds from cancelled orders are returned to the buyer's balance on AirGigs.com and are available for future purchases on AirGigs.com.
     
  • Funds from cancelled orders are only available for withdrawal to your PayPal account, or original funding source, upon email request sent to help@airgigs.com with the subject line Refund Request.
     
  • Never use PayPal, or your original funding source, to reverse or request a refund of the payment to Airgigs.com. Doing so will get your Airgigs.com account suspended. Always contact our friendly support team at help@airgigs.com.
     

Copyright Ownership and Limitations:

  • Unless clearly stated otherwise in the Service description text, it is intended that at the time a work is delivered, the seller grants to the buyer all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller as a work-for-hire under the U.S. Copyright Act. However, any assignment of copyright is dependent on an agreement between the buyer and seller in which the seller transfers all rights in and to the proceeds of the seller’s Service. It is up to you to know your rights. Again, a transfer of copyright from the seller to the buyer is dependent on the seller and buyer signing a contract. Airgigs.com is not liable for the buyer or seller’s lack of obtaining any such contracts.
     
  • You can provide your own contracts (Work for Hire, or other).
     
  • Sellers further assert 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. Furthermore, users agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Airgigs.com, including service text, images, videos, usernames, user photos, user videos and any other information may be used by Airgigs.com for no consideration for marketing and/or any other purpose.
     
  • Airgigs.com's content is based on User Generated Content (UGC). Airgigs.com does not check user uploaded/created content for violations of copyrights, trademarks or other rights. We invite everyone to report suspected violations together with proof of ownership. Reported violating content will be removed. By offering a service, the seller asserts that it has sufficient permissions to provide, sell or resell the service that they offer on Airgigs.com.
     

Indemnification:

You agree to indemnify, defend and hold harmless Airgigs.com, its parent company, officers, managers, members, employees, agents, attorneys, affiliates, successors and assigns, from and against any liability, loss, claim, investigation, settlement, judgment, proceeding, cost and expense, including without limitation reasonable attorneys’ fees and disbursements, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to (a) your breach or violation of these Terms of Service or any applicable state or federal law; or (b) your infringement of any copyright or intellectual property rights of any person or entity; (c) your use of the Website. This provision shall survive the termination of these Terms of Service for any reason.


OTHER LEGAL

AIRGIGS.COM ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY RESULT FROM YOUR USE OF THIS SITE. AIRGIGS.COM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF THE COMPLETENESS, ACCURACY OR TIMELINESS OF THE INFORMATION AVAILABLE ON THIS SITE, OR THE WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. AIRGIGS.COM OFFERS THIS SITE AS A COURTESY TO ITS CUSTOMERS AND RELATED INDUSTRY MEMBERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS. AIRGIGS.COM ACCEPTS NO RESPONSIBILITY FOR DAMAGES WHICH MAY RESULT FROM YOUR USE, OR INABILITY TO USE AIRGIGS.COM, NOR FOR DAMAGES WHICH MAY OCCUR TO YOUR COMPUTER HARDWARE OR SOFTWARE, MODEM, TELEPHONE LINE, OTHER PROPERTY, BUSINESS, TIME, INCOME, OR OTHER INTANGIBLES AS A RESULT OF YOUR USE OF AIRGIGS.COM. AIRGIGS.COM ACCEPTS NO RESPONSIBILITY FOR DAMAGES WHICH MAY RESULT FROM MESSAGES TRANSMITTED TO OR FROM AIRGIGS.COM, OR FROM YOUR USE, IN ANY FORM, OF THE MATERIAL, IMAGES OR FILES PROVIDED ON AIRGIGS.COM.

FURTHER, AIRGIGS.COM WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF AIRGIGS.COM OR FROM ANY THIRD PARTY SERVICES, THIRD PARTY APPLICATIONS, THIRD PARTY CONTENT, INFORMATION OR MATERIALS ON AIRGIGS.COM. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH AIRGIGS.COM IS TO STOP USING AIRGIGS.COM. IN THE EVENT ANY PORTION OF THIS DISCLAIMER OR THIS AGREEMENT IS DEEMED UNENFORCEABLE OR INAPPLICABLE, AIRGIGS.COM'S TOTAL, EXCLUSIVE, AND MAXIMUM LIABILITY WILL BE THE AMOUNT PAYED BY YOU TO ACCESS AIRGIGS.COM AND ONLY AIRGIGS.COM.