Terms of Service

Last update: December 2015

Welcome to Talentpackages.com. Talentpackages.com is a marketplace platform for services performed by its users.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the Talentpackages website, including any content, functionality and services offered on or through www.Talentpackages.com (the “Site”).

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found on in the table of contents on this page.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Talentpackages services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company 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

Service Packages are services offered on Talentpackages.

Sellers are users who offer and perform services through Service Packages on Talentpackages.

Buyers are users who purchase services on Talentpackages.

Service Package Page is where the seller can describe their Service Package and the Service Package’s terms, and the buyer can purchase the Service Package and create an order.

Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.

Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.

Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Service Package Page.

Order Page is where buyers and sellers communicate with each other in connection with an ordered Service Package.

Disputes are disagreements experienced during an order between a buyer and seller.

Revenue is the money sellers earn from completed orders.

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

Service Package Multiples are additional quantities of unique orders from the sellers Service Package.​

Overview

  • Only registered users may buy and sell on Talentpackages. Registration is free.
  • Buyers pay Talentpackages in advance to create an order.
  • Orders are purchased through the Order button found on a seller’s Service Package page.
  • For fees and payments please read the Service Fees and Levels section here.
  • Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including smaller service fees upon completion of an order.
  • 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 Talentpackages.com.
  • Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Service Package page. Note: some Service Packages charge additional payments (through Service Package Extras) for Commercial Use License.
  • Talentpackages retains the right to use all published delivered works for Talentpackages marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service.

SELLERS

Basics

  • Each order you sell and successfully complete, accredits your account with a percentage net revenue that varies depending on your accounts level and the purchase amount, see exact percentages here.
  • Talentpackages accredits sellers once an order is completed.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
  • Withdrawals from your account may become disabled upon review of our Trust & Safety team. This may be done for security concerns in order to prevent fraudulent transactions, reported poor performance or violations to our Terms of Service from buyers to our Customer Support team, or if another Talentpackages profile is associated to the same withdrawal providers. Enabling withdrawals will be evaluated by our Trust & Safety team following a review of your account.
  • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance.
  • Sellers may withdraw their revenues using one of Talentpackages’s withdrawal options.
  • The seller’s rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below).

Service Packages

  • Service Packages created on Talentpackages are User Generated Content (see below).
  • Service Packages may be removed by Talentpackages 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
    • Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy found below.
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Service Packages
    • Spam, Nonsense, or Violent Service Packages
    • Service Packages misleading to buyers, including violations of third party terms of service
    • Reselling of regulated goods
  • Service Packages that are removed for violations mentioned above, may result in the removal of the seller’s account.
  • Service Packages that are removed for violations are not eligible to be restored or edited.
  • Service Packages may be removed from our Search feature due to poor performance and/or user misconduct.
  • URLs in your Service Package text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Talentpackages.
  • Service Packages are required to have an appropriate Service Package image related to the service offered.
  • Statements on the Service Package Page that undermine or circumvent these Terms of Service is prohibited.
  • All statements about education and/or work experience on a Service Package Page must be validated by sending documents of proof to support@talentpackages.com.
  • The description and/or title of the Service Package must define the deliverables that the Buyer will receive upon completion of the job.
  • The Service Package may be disapproved by our moderation staff if the quality of the presentation does not meet a our expected standard (proper grammar, sharp images, relevant images etc.)

Levels

Talentpackages 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, Talentpackages will reward them with new statuses.

  • Talentpackages sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
  • Advancement in Levels are updated periodically by an automated system.
  • The current Levels a seller can achieve are, Level 1, 2, and 3.
  • Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries, warnings to the seller’s account and cancellations can cause a seller to move to a different Level.
  • Advanced levels provide their owners with additional benefits, including offering Service Packages for higher prices through Service Package Extras, or selling their Service Package in multiples.

Level 3 Sellers

  • Level 3 Sellers are chosen manually by Talentpackages editors based on seniority, volume of sales, extremely high rating, exceptional customer care and community leadership.
  • Level 3 eligibility is constantly evaluated by Talentpackages to ensure that the quality standards of the Level 3 selection is kept. Level 3 Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, or violate our Terms of Service risk losing their Level 3 status and the benefits that come with it.

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.

Withdrawing Revenues

  • To withdraw your revenue, you must have an account with at least one of Talentpackages’s withdrawal providers.
  • Your Talentpackages profile can be associated with only one account from each Talentpackages withdrawal providers. A withdrawal provider account can be associated with only one Talentpackages profile.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 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.
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

BUYERS

Basics

  • You may not offer sellers to pay, or make payment using any method other than through the Talentpackages.com site.
  • Talentpackages retains the right to use all published delivered works for Talentpackages marketing and promotional purposes.
  • Buyers may request a specific service from thePost a new Sales Project feature found from the Shopping dashboard. Services requested on Talentpackages must be an allowed service on Talentpackages. See Seller Terms and conditions for the terms and conditions for a Service Package.

Purchasing

  • Buyers pay Talentpackages to create an order from a seller’s Service Package page, through the Buy Now button.
  • In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site.
  • Service Packages may be purchased using a Credit Card, PayPal and Talentpackages Credit.
  • You may not offer sellers to pay, or make payment using any method other than through the Talentpackages.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

ORDERS

Basics

  • Once payment is confirmed, your order will be created and given a unique order number.
  • Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Service Package.
  • Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
  • An order is marked as complete after the order is marked as Delivered and then approved by the buyer.
  • We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Talentpackages’s customer support department for assistance here.

Handling Orders

  • When a buyer orders a Service Package, 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 Service Packages. 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 rating.
  • Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
  • Users are responsible for scanning all transferred files for viruses and malware. Talentpackages will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  • Buyers may use the “Request Modifications” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the seller’s description on their Service Package page or the requirements sent to the seller at the beginning of the order process.

Reviews

  • Feedback reviews provided by buyers while completing an order are an essential part of Talentpackages’s rating system. Reviews demonstrate the buyer’s overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
  • Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations 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 Talentpackages platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Talentpackages platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by buyers are publicly displayed on a seller’s Service Package page.
  • Work Samples are the delivered images and videos sent to a buyer in a delivery message.
  • Withholding the delivery of services, files, or information required to complete the Service Package’s service with the intent to gain favorable reviews or additional services is prohibited.

Disputes and Cancellations

  • We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Talentpackages’s Customer Support department for assistance here.
  • Order cancellations (when eligible) can be performed by Customer Support only up to a period of 13 days from order completion date. We will not cancel orders after that time.
  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
  • In the event of a dispute, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter by working it out with the seller or if not possible contact customer support for a resolution.
  • Eligibility to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Talentpackages delivery system.
  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Service Package page. Buyers may rate their experience with the seller on the order page.
  • Talentpackages reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

Refunds

  • Talentpackages does not refund payments made for cancelled orders back to your payment provider automatically. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on Talentpackages. Funds returned to your balance from cancelled orders will not include processing fees paid.
  • Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will be refunded along with your deposit.

CONNECT & EARN PROGRAM

For a user to get awarded through the Connect & Earn Program the following conditions must be met:

  • The user of the program is not the same person as the Seller of the Service Package that being promoted to a potential Buyer
  • The Buyer has not made any purchases on Talentpackages previously.
  • The Service Package is purchased 7 days (168 hours) from Talentpackages receiving the e-mail indicating: (1) the username of the Buyer, (2) the username of the Connect & Earn Program user, (3) the URL of the Service Package in question.
  • The delivery of the Service Package in question was completed successfully and the Buyer has marked the order as completed.

Failure to meet any of the first two criteria listed might result in suspension of the Buyer, Seller or Connect & Earn Program user, at the discretion Talentpackages moderation staff.

 

USER CONDUCT

Talentpackages maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Talentpackages. This section relates to the expected conduct users should adhere to while interacting with each other on Talentpackages.

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 Talentpackages in order to circumvent or abuse the Talentpackages messaging system or Talentpackages platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
  • Talentpackages does not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution tools provided to you in the order page.
  • Talentpackages does not provide protection for users who interact outside of the Talentpackages platform or that are actively violating our Terms of Service.
  • All information and file exchanges must be performed exclusively on Talentpackages’s platform.
  • Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

Reporting Violations

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

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team.

Non-Permitted Usage

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

Inappropriate Behavior & Language – Communication on Talentpackages should be friendly, constructive, and professional. Talentpackages 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.

Phishing and Spam – Talentpackages takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Talentpackages will not be protected by our Terms of Service.

Intellectual Property Claims – Talentpackages will respond to clear and complete notices of alleged copyright or trademark infringement.

Fraud / Unlawful Use – You may not use Talentpackages 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 Talentpackages community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Talentpackages’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Talentpackages. This includes creating new multiple accounts to harass members through our message or ordering system.

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

General Terms

  • Talentpackages reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
  • Violation of Talentpackages’s Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Talentpackages.
  • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 45 days, from the day of the last cleared payment received in their account and subject to Talentpackages’s approval.
  • Disputes should be handled using Talentpackages’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Talentpackages Customer Support.
  • Talentpackages may make changes to its Terms of Service from time to time. When these changes are made, Talentpackages will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Talentpackages after the date on which the Terms of Service have changed, Talentpackages will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Talentpackages by our users (Buyers and Sellers) is User Generated Content. Talentpackages does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Talentpackages is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Service Packages, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Service Packages service offers.

By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Talentpackages. Sellers advertising their Service Package online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service Package and may lead to the suspension of seller’s account.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the sellers Service Package 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. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Service Package 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. Some Service Packages (including for custom created work) charge additional payments (through Service Package Extras) for a Commercial Use License. This means that if you purchase the Service Package for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Service Package Extra and will have broader rights that cover your business use.

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.

Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Talentpackages, including Service Package texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Talentpackages 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 Talentpackages NOR ANY PERSON ASSOCIATED WITH TALENTPACKAGES 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.

Limitation on Liability

IN NO EVENT WILL TALENTPACKAGES, 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.