Zippserv.com (“Zippserv”) is a platform for services performed by its users. Creative and professional service providers can setup their digital office space and serve the client remotely using Zippserv’s communication, product & program management, Dispute Management, 24x7 Support, payment gateway and easy-ship logistics tools. Zippserv does not allow professionals to solicit clients
The following terms and conditions (“Terms of Service"), govern access and use of the Zippserv website, including any content, functionality and services offered on or through www.Zippserv.com (“Website").
For more detailed policies regarding the activity and usage on the Website, please access the designated articles found on in the table of contents on this page.
This Website shall only be accessed by users who are 18 years of age or older. By using this Website, user represents and warrants that he is of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If user does not meet all of these requirements, user must not access or use the Website.
Our Customer Support team is available 24X7 if user has any questions regarding the Website or Terms of Service. User can contact our customer support team.
1. KEY TERMS
a) “Service-as-a-Product” is a service offered as a product on Zippserv.
b) “Seller” is a user who offers and performs services through Products on Zippserv.
c) “Buyer” is a user who purchases services on Zippserv.
d) “Product Page” is where the Seller can describe their packages and its terms, and the Buyer can purchase the Package and create an order.
e) “Custom Offers” are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
f) “Custom Orders” are requests made by a Buyer to receive a Custom Offer from a Seller.
g) “Orders” are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Product Page.
h) “Order Page” is where Buyers and Sellers communicate with each other in connection with an ordered Product.
i) “Disputes” are disagreements experienced during an order between a Buyer and Seller.
j) “Revenue” is the money Sellers earn from completed orders.
k) “Add-on Products” are additional services offered on top of the Seller’s Product for an additional price defined by the Seller.
l) “Delivered” when the product is received/ comes in possession of/ by the Buyer.
i. Only registered users may transact with Zippserv. Registration is free.
ii. Buyers pay through Zippserv payment gateway in advance to create an order.
iii. Orders are purchased through the Order button found on a Seller’s Product page or through a Custom Offer.
iv. Products may be purchased using a Credit Card, Debit Card and Net Banking on Zippserv.
v. For fees and payments please read the purchasing section.
vi. Sellers must fulfil their orders, and may not cancel orders on a regular basis or without any cause. Cancelling orders will affect Sellers’ ratings and reputation.
vii. Users may not offer or accept payments using any method other than placing an order through Zippserv.
viii. Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Product page.
x. If an order is cancelled (subject to cancellation policy), the funds paid will be refunded to the Buyer.
xi. The Seller's rating is calculated based on the order reviews posted by Buyers on Products.
xii. Products created on Zippserv are User Generated Content.
xiii. Products may be removed by Zippserv 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;
> Adult oriented services, Pornographic, Inappropriate/Obscene;
> Intentional copies of Products;
> Spam, Nonsense, or Violent Products;
> Products misleading to Buyers, including violations of third party terms of service
> Reselling of regulated goods
xiv. Products that are removed for violations mentioned above may result in the removal of the Seller’s account.
xv. Products that are removed for violations are not eligible to be restored or edited.
xvi. Products may be removed from our Search feature due to poor performance and/or user misconduct.
xvii. URLs in the Product text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Zippserv. Products are required to have an appropriate Product image related to the service offered. An option to upload additional Product images is available to all Sellers.
xix. A statement on the Product Page that undermines or circumvents these Terms of Service is prohibited.
3. SERVICE FEE
i. Zippserv considers itself as Software-as-a-Service (“SAAS”) providers. In consideration for the use of Zippsrev’s online platform and its communication, product & program management, payment gateway and easy-ship logistics software tools, Zippserv charges the Service Fees.
ii. Fees would be charged in a Pay As You Go (“PAYG”) method and fees would dependent on following factors,
a) Use of some or all the tools;
b) Frequency of Disputes;
c) Number of Transactions per month.
i. Once payment is confirmed, Buyer order will be created and given a unique order number.
ii. Orders purchased with a combination of Product Extras and Product Multiples are multiple unique orders with additional services added to each order.
iii. 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 Product.
iv. 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.
v. 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.
vi. Zippserv encourages Buyers and Sellers to try and settle conflicts amongst themselves, including by using the Resolution Centre tab in the order page. If for any reason this fails, users can contact Zippserv's customer support team for assistance.
5. HANDLING ORDERS
i. When a Buyer orders a Product, the Seller is notified by email as well as notifications on the Website while logged into the account.
ii. Sellers are required to meet the delivery time they specified when creating their Products. 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.
iii. 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.
iv. Users are responsible for scanning all transferred files for viruses and malware. Zippserv will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
v. A Seller may cancel an order without the Buyer's consent at any given moment (Force Cancellation). However, this will have a negative effect on the Seller's rating.
vi. 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 Product page or the requirements sent to the Seller at the beginning of the order process.
i. Feedback reviews provided by Buyers while completing an order are an essential part of Zippserv'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.
ii. 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.
iii. To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Zippserv platform from users within our community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Zippserv platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
iv. Feedback comments given by Buyers are publicly displayed on a Seller’s Product 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.
v. Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work samples are added to a Sellers’ Live Portfolio on their Product page if the Buyer chooses to publish the Work sample while providing a public feedback review.
vi. Withholding the delivery of services, files, or information required to complete the Product’s service with the intent to gain favourable reviews or additional services is prohibited.
vii. Responding and posting a review: Once Product is Delivered, the Buyer has three days to respond and post a review (or 14 days for Product with shipping). If response is not provided within the response period, the order will be considered completed.
viii. 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.
i. Some of the services on Zippserv are Delivered physically (documents etc.). For these types of Products, Sellers may decide to add shipping charges.
ii. Buyers who order Products that require physical delivery, will be asked to provide a shipping address.
iii. To give a seamless experience to our users zippserv has tied up with national and international reputed logistics vendors and provides a one-click pick up tool built into the order page (as applicable).
iv. Zippserv 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.
v. A tracking number is a great way to avoid disputes related to shipping. Zippserv requires entering the tracking number if available in the order page when delivering the Product.
8. DISPUTES, CANCELLATION AND REFUND
i. Zippserv encourages Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Zippserv's customer support team for assistance.
ii. Order cancellations (when eligible) can be performed by customer support only up to a period of 24 hours from the date of Order. Zippserv will not cancel orders after that time. Zippserv will withold 10% of the order value as order processing fee in case the Buyer opts to cancel the order within the stipulated time.
iii. In case the Seller opts to cancel the order any time as he is unable to service the order, the full order value will be refunded to the Buyer. The Seller will be liable to pay Zippserv the order processing fee.
iv. Filing a transaction dispute or reversing a payment through payment provider or bank is a violation to these Terms of Service. Doing so may get user’s account temporarily disabled to investigate possible security violations. Note: once user has filed a dispute with payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
v. In the event of a dispute, Users encouraged to use the Website's dispute resolution tools to attempt to resolve the matter by working it out with the Seller or if not possible contact customer support team for a resolution.
vi. Eligibility to cancel an order will be assessed by our customer support team based on a number of factors, including violations to Terms of Service, general misconduct, and improper usage of the Zippserv delivery system.
vii. 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 Product page. Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.
viii. Zippserv reserves the right to cancel Orders or place funds on hold for any suspected fraudulent transactions made on the Website.
10. USER CONDUCT
This section relates to the expected conduct users should adhere to while interacting with each other on Zippserv.
i. 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 Zippserv in order to circumvent or abuse the Zippserv messaging system or Zippserv platform is not permitted.
ii. Any necessary exchange of personal information required to continue a service may be exchanged within the Order page.
iii. Zippserv does not provide any guarantee of the level of service offered to Buyers. User may use the dispute resolution tools provided in the order page.
iv. Zippserv does not provide protection for users who interact outside of the Zippserv platform or that are actively violating our Terms of Service.
v. All information and file exchanges must be performed exclusively on Zippserv's platform.
vi. 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 the account.
11. REPORTING VIOLATIONS
Users may receive a warning to their account for violations of Terms of Service 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 permanent disable of the user’s on the severity of the violation.
13. NON-PERMITTED USAGE
i. Adult Services & Pornography - Zippserv does not allow any exchange of adult oriented or pornographic materials and services.
ii. Inappropriate Behavior & Language - Communication on Zippserv should be friendly, constructive, and Seller. Zippserv condemns bullying, harassment, and hate speech towards others. Zippserv allows 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.
iii. Phishing and Spam - Zippserv takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another user’s account or computer environment are strictly prohibited. Please respect user’s privacy by not contacting them for commercial purposes without their consent.
iv. Privacy & Identity User shall 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 Zippserv will not be protected by Terms of Service.
v. Intellectual Property Claims - Zippserv will respond to clear and complete notices of alleged copyright or trademark infringement
vi. Fraud / Unlawful Use - User shall not use Zippserv for any unlawful purposes or to conduct illegal activities.
vii. 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 Zippserv community will be disabled. Mass account creation may result in disabling of all related accounts. Note: Any violation to Terms of Service is cause for permanent suspension of all accounts.
viii. Targeted Abuse – Zippserv shall not tolerate users who engage in targeted abuse or harassment towards other users on Zippserv. This includes creating new multiple accounts to harass members through our message or ordering system.
ix. Selling Accounts – User shall not buy or sell Zippserv accounts.
14. GENERAL TERMS
i. Zippserv reserves the right to put any account on hold or permanently disable accounts due to breach of the Terms of Service or due to any illegal or inappropriate use of the Website or Services.
ii. Violation of Zippserv's Terms of Service may get user’s account disabled permanently.
iii. Users with disabled accounts will not be able to sell or buy on Zippserv.
iv. Users who have violated our Terms of Service and had their account disabled may contact customer support team for more information surrounding the violation and status of the account.
v. Users must be able to verify theaccount ownership through customer support by providing materials that prove ownership of that account.
vi. Zippserv may make changes to its Terms of Service from time to time. When these changes are made, Zippserv will make a new copy of the terms of service available on this page.
vii. User agrees that if user access Zippserv after the date on which the Terms of Service have changed, it would be treated as user has accepted the updated Terms of Service.
15. USER GENERATED CONTENT
i. User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Website. All content uploaded to Zippserv by users (Buyers and Sellers) is UGC. Zippserv 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.
ii. Zippserv is not responsible for the content, quality or the level of service provided by the Sellers. Zippserv provides no warranty with respect to the Products, their delivery, and any communications between Buyers and Sellers. Zippserv encourages users to take advantage of the rating system, community and common sense in choosing appropriate Products® Service offers.
iii. By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service are offered on Zippserv. Sellers advertising the Product 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 Product and may lead to the suspension of Seller's account.
iv. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement or trademark infringement - please see Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
i. Ownership and limitations: Unless clearly stated otherwise on the Sellers Product 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. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the Product 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. Note: Some Products (including for custom created work) charge additional payments (through Product Add-on) for commercial use. This means that if user purchases the Product for personal use, user will own all rights to the Delivered Product without purchasing the Add-on. If user intends to use it for business purposes, user shall buy the Add-on.
ii. 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.
17. DISCLAIMER OF WARRANTIES
i. Use of the Website, its content and any services or items obtained through the website is at user’s own risk. The Website, 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 zippserv nor any person associated with zippserv makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website.
ii. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
18. LIMITATION ON LIABILITY
In no event Zippserv, 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 the 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.
Any Dispute not resolved in accordance with clause 8 of this Terms of Service (disputes, cancellations and refund) shall be referred to binding arbitration before a sole arbitrator appointed mutually by the users under the Arbitration and Conciliation Act, 1996 and the rules made there under, as amended and in force, from time to time.
It is expressly agreed between the users that:
a) The venue of such arbitration shall be Bangalore, Karnataka India;
b) The arbitration proceedings shall be conducted in the English language.
c) The arbitration award shall be final and binding on the Parties.
Created: July, 2015