Terms And Conditions

Pesheni Services Terms of Service

Last Update: March 2021

Welcome to PesheniServices.com.

The following terms of service (these "Terms of Service"), govern your access to and use of the Pesheni Services website and mobile application, including any content, functionality and services offered on or through www.PesheiServices.com or the Pesheni Services mobile application (the "Site") by Pesheni, Inc. (3 Grant Sq #133 Hinsdale, IL 60521) Pesheni, Inc and its subsidiaries are collectively referred hereto as “Pesheni Services" "we" or "us" and “you” or “user” means you as a user of 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, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, Pesheni Services Payment Terms, found (coming soon) (“Payment Terms”), and our Privacy Policy, found (coming soon), each of which is 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 herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 13 you may not use this Site or the Fiverr services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Fiverr makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers are users who purchase services on Pesheni Services

Business Account is a collaborative Buyer account, created via Pesheni Services

Business, as detailed on Pesheni Services Business Terms of Service (available soon)

Business Account Team Member or Team Member is any user that is invited or uses a Business Account.

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.

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

Proposal Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $10.

Proposal Page is where the Seller can describe their proposal and the proposal’s terms, and the Buyer can purchase the Proposal and create an order.

Proposals are services offered on Pesheni Services

Logo Design is an original design for a logo uploaded by a Seller

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Proposal

Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Proposal Page.

Sellers are users who offer and perform services through Proposal on Pesheni Services.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on Pesheni Services. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.

• Proposals on Pesheni Services may be offered at a base starting price of $10. Some proposals are offered at a base price of more than $10 as determined by the Seller.

• Buyers pay Pesheni Services in advance to create an order (Paymet terms coming soon)

• Orders are purchased through the Order button found on a Seller’s Proposal page or through a Custom Offer.

• For fees and payments please read Payment Terms

• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.

• Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Proposal Extras, or selling their Proposals in multiples.
• Users may not offer or accept payments using any method other than placing an order through PesheniServices.com

• When purchasing a Proposal, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Proposal page. Note: some Proposals charge additional payments (through Proposal Extras) for Commercial Use License. Our "Ownership” and ”Commercial Use License sections are coming soon.

• Pesheni Services retains the right to use all published delivered works and Logo Designs for Pesheni Services marketing and promotion purposes.

• We care about your privacy. . The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

• Users undertake to comply with Pesheni Services’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Pesheni Services community and marketplace in addition to these Terms of Service, as updated from time to time.

• Pesheni Services offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.

SELLERS

Basics

• Sellers create Proposals on Pesheni Services to allow Buyers to purchase their services.

• Sellers may also offer Custom Offers to Buyers in addition to their Proposals.

• Each Proposals you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.

• Pesheni Services accredits Sellers once an order is completed. See our Orders section below for a definition of a completed order.

• For more information about receiving payments, fees and taxes see the Payment Terms

• Sellers may not promote their Proposals or any Pesheni Services content via the Google Ads platform.

• The Seller's rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account

• For security concerns, Pesheni Services may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Pesheni Services accounts to a single withdrawal provider.
• Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Proposals

• Sellers are allowed to post a select amount of active Proposals based on their Level status.

• 7 Proposals for Sellers without a Level status.
• 10 Proposals for Level 1 Sellers.
• 20 Proposals for Level 2 Sellers.
• 30 Proposals for Top Rated Sellers.

• Proposals created on Pesheni Services are User Generated Content.

• Proposals and/or users may be removed by Pesheni Services from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:

• Illegal or Fraudulent services
• Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service reported through our Intellectual Property Claims Policy (IPCP description coming soon)
• Adult oriented services, Pornographic, Inappropriate/Obscene
• Intentional copies of Proposals
• Spam, nonsense, or violent or deceptive Proposals
• Proposals misleading to Buyers or others
• Reselling of regulated goods
• Offering to prepare academic works on behalf of Buyers
• Exceedingly low quality Proposals
• Promoting Pesheni Services and/or Pesheni Services Proposals through activities that are prohibited by any laws, regulations, and/or third parties' terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

• Proposals that are removed for violations mentioned above, may result in the suspension of the Seller’s account.

• Proposals that are removed for violations are not eligible to be restored or edited.

• Proposals may be removed from our Search feature due to poor performance and/or user misconduct.

• Proposals may include pre-approved website URLs contained within the Proposal description and requirements box. Proposals containing websites promoting content, which violates Pesheni ServicesTerms of Service and/or our Community Standards, will be removed.
• Proposals are required to have an appropriate Proposal image related to the service offered. An option to upload two additional Proposal images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Proposal images. Recurring deliveries that don’t match the quality shown on the Proposal images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
• Proposals may contain an approved Proposal Video uploaded through the Proposal management tools available on PesheniServices
• Statements on the Proposal Page that undermine or circumvent these Terms of Service is prohibited.
• Eligible Proposals in select Categories may set up ProposalPackages to offer their services in structured formats with multiple price points for the selected Proposal.
• Certain categories are available only to Pro Sellers to create Proposals. If you are not a Pro Seller, creating a Proposal for services available to Pro only may result in removal of your Proposal.

Proposal Extras

• Proposal Extras are additional services offered on top of the Seller’s Proposal for an additional price defined by the Seller.
• Proposal Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Proposals section above for a list of services that violate our Terms of Service. Proposals are subject to be removed due to violations found in
  proposal Extras.
• The amount of Proposal Extras, which can be offered, and the price for each Proposal Extra, is based on your Seller Level. More information surrounding your accounts eligibility for Gig Extras coming soon.
• Services offered through Proposal Extras must be related to the base service and part of the deliverables on the Order.
• Proposal Extras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an Order for each Proposal Extra that is added to the Order. This is to cover the time needed to complete the extra service.

Levels

Pesheni Services 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, Pesheni Services may reward them with new statuses, special opportunities, benefits, and tools that come with it.

• Pesheni Services Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria is coming soon.
• Advancement in Levels are updated periodically by an automated system.
• The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
• 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 Proposals for higher prices through Proposal Extras, or selling their Proposals in multiples.

Top Rated Sellers

• Top Rated Sellers are chosen manually by Pesheni Services editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
• Top Rated eligibility is constantly evaluated by Pesheni Services to ensure that the quality standards and expectations of the Top Rated selection is kept. Pesheni Services retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.

Pro Sellers

• Pro Sellers are pre-verified professionals who undergo a vetting process by Pesheni Services editors. Applying for Pesheni Services Pro is open to everyone: professional freelancers who are new to Peshei Services, as well as existing Pesheni Services Sellers.
• Pro Sellers eligibility is constantly evaluated by Pesheni Services to ensure that the quality standards and expectations of the Pro Seller selection is kept. Pesheni Services retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.

Pesheni Services Business Catalog

Pesheni Services Business is a freelance platform tailor-made for larger teams and businesses. Sellers on the Pesheni Services Business catalog are required to comply with certain professional standards. Eligible Sellers whose Proposals are included in the Pesheni Services Business catalog will be regularly evaluated by Pesheni Services to ensure their high-quality professionalism is kept. Pesheni Services reserves the right to remove Sellers and Proposals from the Pesheni Services Business catalog.

Seller Features

Pesheni Services Sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

• Sellers can also send Custom Offers addressing specific requirements of a Buyer.
• Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
• Custom Offers are sent from the conversation page.
• Services provided through Custom Offers may not violate Pesheni Services Terms of Service and/or our Community Standards.
• Project Milestones:
• Custom Offers above $100 may include up to six project milestones, the minimum amount for each milestone is $50 and the project should include at least two milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
• Once a milestone is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start.

Subscription

• Sellers may offer Buyers a fixed term subscription for a specific Proposal (the “Subscription”). During the Subscription period, Seller will deliver one Order of the same Proposal each month. Sellers may set a certain discount starting as of the second month.
• Buyers may cancel future Orders under the Subscription before payment is made for such future Orders. In such case, the Orders under the Subscription will be cancelled, as applicable. Once payment is made, Proposal’s Order Cancelation policy under the Payment Terms will apply.
• Seller may cancel the Subscription up to 10 days before to the next consecutive Order. Otherwise, Proposal’s Order Cancelation policy under the Payment Terms will apply.

Pesheni Services Studios

• A Pesheni Services Studio allows certain Sellers to collaborate with each other and offer Buyers a multi-service Proposal (a "Studio Proposal").
• Studio Lead: Certain selected Sellers may lead and operate Peshei Services Studios as Studio Leads. Studio Leads are chosen manually by Pesheni Services editors through an ongoing review process based on seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more. The Studio Lead is responsible for inviting all Studio Members and managing all incoming Orders, from communicating with the Buyer, through handling any required revisions and until the final delivery. The Studio Lead can also remove Studio Members from Studio Gigs at any time. With respect to open Orders, however, Studio Members can be removed by Customer Support only.
• Studio Members: A Studio Lead can invite other Sellers who were also chosen by Pesheni Services to be eligible for Studios collaboration (each, a "Studio Member") to join their Studio Proposal and be assigned to a specific service. Studio Members can ask to be removed from a Studio Proposal at any time.
• Studio Gigs: A Studio Proposal provides a bundle of services (from two services and up to five) within one Proposal. A Studio Proposal’s minimum price is US$100. As Studio Proposal is comprised of several services, every service includes its own pricing, pricing factors, and a Studio Member / Lead that is accountable for such service, all of which is defined by the Studio Lead when creating the Studio Proposal. Peshei Services Studios may also offer Custom Offers.
• Limitations: Each Pesheni Studio has one Studio Lead. Similarly, a Studio Lead may not operate more than one Pesheni Studio. A Pesheni Studio can offer up to five Studio Proposals, each comprised of up to four Studio Members in addition to the Studio Lead. Studio Members may not be assigned to more than three Studio Proposals.
• Studio Proposal Reviews: Studio Proposal Buyers are able to leave a public review on the Studio Proposal as if it were a regular Proposal. The public buying rating & review is linked to and visible on the Studio Proposal page, the Pesheni Services Studio itself (studio page), as well as all Studio Members and Studio Lead of that Peshei Services Studio.

Pesheni Services Anywhere

• Pesheni Services Anywhere is a feature that allows Sellers to send Custom Offers outside of Pesheni Services