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Terms & Conditions

Terms and Conditions of HIGSER.com

This Agreement was last modified NOVEMBER 2020.

 

Welcome to Higser.com

 

This User Agreement describes the term and conditions which you accept by using the Higser.com Website or Services. We have incorporated by reference some linked information.

 

 

 

In this User Agreement:

 

 

"Account" means the account associated with your email address.

 

"Employer" means a User that purchases Freelancer Services or items from Freelancers or identifies a Freelancer through the Higser.com Website. A User may be both an Employer and a Freelancer under this agreement.

 

"Higser", "we", "our", "company" or "the company" or "us" means the Higser website.

 

 

"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.

 

"Workspace" means a page where Employer and Freelancer communicate and share files with each other after a service is purchased by the Employer.

 

"Project"  means a job offered or awarded by an Employer via the Website, which may include a Project or Contest listed by an Employer, a Project awarded by a Employer, a service purchased by an Employer from a Freelancer, and service awarded by an Employer to a Freelancer as a result of a Request posted via the Website.

 

"Freelancer" means a User that offers and provides services or identifies as a Freelancer through the Website. A User may be both an Employer and a Freelancer under this agreement.

 

"Services" means all services provided by a Freelancer.

 

"Higser Services" means all services provided by us to you.

 

"User", "you" or "your" means an individual who visits or uses the Website.

 

"Website" means the Websites operated by Higser and available at: Higser.com and any of its regional or other domains or properties, and any related Higser service, tool or application.

 

Payment Terms

 

HIGSER provides security in payment processing for your revenues, received either as a form of payment from delivered orders as a freelancer or the estimated amount of revenue left in your HIGSER balance as an employer. In providing security to payment processes, HIGSER ensures free and transparent collaboration on projects between users (employers and freelancers). HIGSER is dedicated to giving users transacting with the HIGSER platform, an easy and stress-free experience. Please carefully read the information below as they contain full details on HIGSER's payment terms and conditions.

 

Getting Payments

 

  • Each service you sell and complete successfully accredits your HIGSER account with 90% of the purchase amount.

 

  • HIGSER accredits freelancers once an order is marked as complete. For a definition of a completed order, see the "Orders" section in terms of service.

 

  • If an order is cancelled (for any reason), funds paid are returned to the employers HIGSER's Balance. Freelancers are responsible for paying any direct or indirect taxes, including any GST, VAT, or otherwise, that may apply to them depending on the residence, location, or billing details they include in their account settings. Freelancers reflect and promise that their responsibilities under income tax laws in their jurisdiction are complied with and will comply with at all times.

 

  • Appointment as Limited Payment Collection Agent: Freelancers, as a result of this, appoints HIGSER as the limited authorized payment collection agent solely to receive payments from the employer (via its Payment Services Provider, if applicable) and delivering those payments to the freelancer. The freelancer agrees that payment to HIGSER from the employer shall be treated as the same as that made directly to the freelancer.

 

  • HIGSER partners with Payment Services Providers to receive payments from buyers, move the payments from Employers to Freelancers, and hold funds connected with HIGSER balances. HIGSER's Payment Services Providers offer all payment services associated with the withdrawal of funds on the HIGSER platform.

 

 

Withdrawing revenues

 

  • You must have an account with at least one of HIGSER's Payment Service Providers for the withdrawal methods. HIGSER's Payment Services Provider will keep all your funds available for withdrawal in an account. The Payment Services Provider of HIGSER will provide all payment services including withdrawal services.

 

  • Your HIGSER profile can associate a single account from each HIGSER withdrawal process. A Payment Service Provider account can relate only one HIGSER profile.

 

  • Revenues are only made available after a safety clearance period of 14 days after the order is marked as complete for removal from the Revenue page.

 

  • Freelancers can withdraw their revenue using one of the withdrawal options from HIGSER (see Withdrawal Section below regarding payment terms). To withdraw your available revenue, you must click on the specified withdrawal provider to start the withdrawal process.

 

  • For security issues, HIGSER can temporarily disable a Freelamcer's ability to withdraw revenue to avoid fraudulent or illegal activities. This may occur as a result of security vulnerabilities, irregular actions identified by other users, or a single withdrawal provider associating multiple HIGSER accounts.

 

  • Only the amount available to you can be withdrawn.

 

  • Depending on the withdrawal form, withdrawal fees vary.

 

  • Withdrawal processes are irreversible.

 

  • Freelancers can withdraw revenues in different currencies in some situations. HIGSER's Payment Services Providers perform all currency exchange services in connection with such withdrawals. Your HIGSER Balance is always derived from its US$ value, so your HIGSER Balance local currency can change daily following fluctuations in the exchange rate and also in the currency.

 

  • Sellers will be able to withdraw their profits from disabled accounts after a safety period of 90 days, from the day of the last cleared payment received in their account and subject to the approval of HIGSER, after complete verification of ownership of the account in question.

 

 

Methods for Withdrawal

 

  • PayPal account-$ 0 Fee.

 

  • Payoneer account -$ 1 Fee *

 

  • Local Bank Transfer (LBT)- *Withdrawal fee varies based on country.

 

Depending on your location and currency, additional fees can apply.

 

 

 

Purchases

 

  • Employers pay HIGSER to create an order from a Seller's service page, using the “Button Now” button on the service page. To receive all payments from employers, move payments between users and keep funds, HIGSER works with the Payment Services Providers. All payment services is in connection with the total balances from

 

  • HIGSER acts as the specific payment collection agent of the freelancer solely to receive payments from the employer (via its Payment Services Provider) and sending those payments to the freelancers. The payment duty of the employer to the seller will be fulfilled by HIGSER (or its Payment Services Provider, as applicable) upon receipt of payment.

 

  • Purchases on HIGSER can be made in most locations using one of the following payment methods: Credit Card, PayPal, HIGSER Credits or existing HIGSER Balance. In specific areas, additional payment methods may apply.

 

  • At the time of payment, service fees are included where the total amount requested to pay will be checked and approved. These fees include administrative fees. The service fees are 5% of the purchase amount. With additional $2 for small orders below $50

 

  • Your current HIGSER Balance will be added to your next purchase automatically.

 

  • You should not give payment to freelancers or make payment using any form other than the com website. If you have been asked to use an alternate method of payment, please report it to customer support immediately.

 

  • You consent to accept HIGSER invoices and payment receipts as PDF documents, by email or via the page in electronic form.

 

  • Payment information in connection with withdrawals is collected by either HIGSER or HIGSER's Payment Services Providers to protect against fraud, illegal transactions, lawsuits, or other liabilities. Payment Services Providers can also collect additional information as required for the processing of withdrawal payments. HIGSER is not exposed to payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider.

 

  • You agree and warrant that by using any payment method and providing payment details to make transactions on HIGSER: (a) you are legally allowed to provide such information; (b) you are legally authorized to make payments using the payment method(s); (c) if you are an employee or agent of a corporation or person who owns the payment method, you are authorized by that company or person to use the payment method to make payments on HIGSER; and (d) such actions do not violate any applicable law.

 

 

Local Exchange 

 

  • You can pay in different currencies on HIGSER. You will be billed, unless otherwise specified, in the currency shown on the payment page. HIGSER's Payment Services Providers perform all currency exchange services related to payments in local currencies. However, in such situations, where certain currencies are not accepted by certain payment methods, even though the price is shown in another currency, you will be paid in US dollars. In any case, before completing the payment, the actual amount paid (in the real currency of the payment) will be revealed to you. 

 

  • Know that all HIGSER prices are often derived from their original US$ price. Thus non-US$ currency prices can vary regularly in line with fluctuations in the exchange rate, and may also include conversion fees. By changing their selected displayed currency, employers still have the option to pay in US dollars. 

 

  • If you paid in a currency other than US$ for an order and your order was cancelled later for whatever reason, the amount returned to your HIGSER balance will be dependent on the exchange rate as of the cancellation date. Therefore, in local currency terms, the amount returned can differ from the amount paid, while still retaining the same US$ value. 

 

  • The HIGSER balance is still priced in US dollars, even though it is displayed in a currency other than US dollars. Therefore, if you choose to view your HIGSER balance in any currency other than US$, it might adjust daily in line with fluctuations in the exchange rate, while always maintaining the same value of US$. Users still have the option to display their HIGSER Balance by adjusting the currency they have chosen. 

 

Tax

 

  • Taxes (such as sales tax, VAT or GST) can be billed from employers depending on the billing details given by the buyer and the applicable laws of their billing address, and, if no billing information has also been provided, depending on their location and the applicable laws of that location. All indirect taxes shall be subject to the price displayed on the platform and, in any case, such taxes shall always be shown to the employers before payment. 

 

  • Employers accept that they are liable, but are not limited to any duty to deduct or withhold taxes, for compliance with all tax provisions applicable to them. It is explained with this that the net amounts to be charged after any direct or indirect taxes, levies, and deductions are all rates and fees that appear on the Website. 

 

 

 

Promo Codes

 

  • From time to time, on special discounts, we will give you promo codes to buy services provided on the Website. Promo Codes are only valid for HIGSER transactions and are subject to various time limits and will expire after their predefined term. Enter the code on the checkout page to use your promo code. If you fail to do so, the discount will not be available for your order. Promo codes can not be used or combined with any other promotion, and are restricted to one use per person. The promo code will refer only to the first milestone for orders that are comprised of one or more milestones. For HIGSER Credits, Promo Codes do not apply. As will be revealed to you upon receipt of the promo codes, promo codes can be subject to additional conditions and restrictions. In the event of fraud, misuse or breach of the Terms of Service, promo codes can be invalid. At any time, HIGSER reserves the right to change or cancel promo codes. 

 

 

 

Cancellations and Disputes 

 

  • We encourage our employers and freelancers to try and resolve disputes with each other. If this fails after using the Dispute management resource for some cause or if you experience unauthorized usage on the Website, users can contact the Customer Service department of HIGSER for assistance here. 

 

 

BASICS 

 

  • On HIGSER, when eligible through customer support or via the Resolution Centre per order, order cancellations may be carried out. 

 

  • A breach of these payment conditions is the filing of a transaction dispute or reversing a payment through your payment provider or your bank. Doing so can temporarily or permanently disable your account. Note: If you have opened a dispute with the payment provider, regardless of our commitments to the payment provider, the funds will be ineligible for a refund. 

 

  • If you find a problem related to the service given in an order, you are encouraged to use the dispute management resources of the HIGSER website to resolve the issue. 

 

  • HIGSER reserves the right to cancel orders or put funds on hold for any alleged fraudulent transactions made on the Website through its Payment Services Provider. 

 

  • All transfer and assignment of intellectual property to the employer shall be subject to full payment, and if payment is cancelled for any reason, delivery will not be used.

 

  • If an order is cancelled (for whatever reason), the funds charged are returned to the Employer's HIGSER's balance.

 

 

  • Requests for changes can be made via the Order Page while the order is marked as Delivered. 

 

  • It is not appropriate to receive further services from freelancers outside the negotiated service requirements.

 

Order Cancellations

 

  • HIGSER allows employers and freelancers to use the Dispute management Centre to collectively settle disputes.

 

  • Eligibility for HIGSER requests to cancel an order will be determined based on a set of factors by our Customer Support team, including violations of our Terms of Service and our Community Standards, general misconduct, and inappropriate use of the delivery system of HIGSER. 

 

  • Completed orders may be cancelled up to 14 days after the order is marked as complete upon review by our Customer Service team. Please be informed that orders can not be partially cancelled (i.e. the whole order can only be cancelled if justified). 

 

  • Our Customer Support team can cancel a completed order in rare circumstances where we deem it necessary, even after 14 days have elapsed from its completion. In such cases, the funds charged for the cancelled order shall be returned to the Employer's HIGSER Balance. They shall be deducted from the freelancer's HIGSER Balance or, if the freelancer's HIGSER Balance does not contain appropriate amounts, from the seller's potential revenues. 

 

 

  • Orders are not eligible for cancellation based on the freelancer's quality of service/materials provided if the service was rendered as described in the service Page. You can rate your experience on the Order Page with the freelancer, including the overall level of quality of service received. 

 

  • Before contacting Customer Support, you must use the HIGSER Dispute management Centre to address your concerns and desired resolution relating to the service provided by a freelancer. Customer Support shall not take any action against Orders if it has not told its freelancer of issues relating to the freelancer's service and will allow freelancers to first open a dispute. This does not involve the use of HIGSER that is not authorized. 

 

  • Any unauthorized use of HIGSER encountered during an order can result in the order being cancelled after our support team has reviewed it. This includes, but is not limited to, assault, illegal conduct, or other violations of the Terms of Service of HIGSER. 

 

Based on the following factors, HIGSER Customer Support will cancel orders: 

 

Active orders (after the specifications sent to the freelancer and before delivery to HIGSER by the freelancer): 

 

  • For more than 24 hours, the freelancer is late and unresponsive; thus, the order is considered as late. 

 

  • By threats of low ratings or manipulating order materials (like logins, personal information) towards each other, users are hostile towards the other group. 

 

  • Copyright/trademark infringing materials have been provided or included by users as part of their requirements or the delivery by the employer, users supplied or included copyright/trademark infringing materials. 

 

  • Due to various Terms of Service violations or closure of their account, the user is no longer an active HIGSER user. 

 

 

Completed Orders (marked as complete after the order and before the 14-day limitation) 

 

  • Users that have been warned after verification and with evidence to have used copyright/trademark infringing materials. 

 

  • Users who have not acquired the rights for commercial use and are confirmed to have commercially used the materials. Note: Terms of Commercial Use can be found on the freelancer's service page and can not be used retroactively for more than 14 days after the order has been completed. 

 

  • HIGSER customer support will investigate instances of misuse of order delivery that prohibits individuals from completely using our Dispute management Centre, which required the order to be marked as complete. 

 

Chargebacks 

 

  • On behalf of freelancers, HIGSER investigates cases of payment provider chargebacks and disputes. Although outcomes differ per case due to each cause for chargeback, we work hard to settle disputes in favour of the freelancer. HIGSER(or one of HIGER's Payment Services Providers) will refund parts or total revenue to employers if the chargeback case allows; otherwise, the employer will accept the chargeback amount. 

 

Reimbursements 

 

  • HIGSER does not instantly refund payments made to your payment provider for cancelled orders. Funds from order cancellations are returned to the HIGSER Balance of the employer and are usable on HIGSER for future transactions. Funds returned from cancelled orders to your HIGSER Balance will not include service fees charged. When an order is cancelled, HIGSER returns service charges to your HIGSER Balance. In any case, if the service charges have not been returned to your HIGSER balance after the cancellation of the order, the cost of those service fees will be exempted from your next HIGSER purchase. 

 

  • Deposit refunds (i.e. refunds made to the payment provider) can be provided by our customer support team, depending on the initial payment amount and currency of the order. We reduce the total number of times users can request a payment provider refund to avoid fraud and assault, which is subject to review by our customer support team. These refunds may be subject to a supplementary fee. 

 

 

Common Terms       

 

Modification 

 

From time to time, HIGSER could make improvements to these payment terms. HIGSER will make a new copy of the terms readily available on this page when these modifications are made. 

 

You understand and agree that HIGSER will consider your use as the adoption of the modified payment terms if you use HIGSER after the date on which the payment terms have changed. 

 

 

 

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 without any guarantees of any sort, either express or implied. Neither HIGSER nor any person affiliated with HIGSER makes any guarantee or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the site.

 

 

 

 

Liability Constraint 

 

In no case will Higser, its associates or their licensors, service providers, staff, agents, officers or directors be liable for damages of any sort, under any legal theory, arising out of or in connection with your use, or inability to use, the site, any websites linked to it, any content on the website or such other websites or any services or products accessed through the site or any services or items obtained through the site 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.

 

In accepting liability as the limited authorized payment collection freelancer's agent, Higser and its associates assume no responsibility for any freelancers actions or omissions. 

 

The above does not affect any liability that under applicable law may not be excluded or limited.