TERMS OF SERVICE
1. ACCEPTING THESE TERMS
This document, our rules, policies and the other documents referenced make up our Terms of Service (“Terms”). The Terms are a legally binding contract between you and CollabPlug. This contract sets out your rights and responsibilities when you use collabplug.com. Please read them carefully.
BY USING OUR SITE, YOU’RE CREATING A LEGALLY BINDING CONTRACT TO COMPLY WITH ALL THE TERMS.
We may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
You are granted a non-exclusive, limited and revocable license to access the website and use its functionality on the condition that:
- (a) You are over the age of 13;
- (b) You only use the website for lawful purposes;
- (c) You do not engage in any improper, indecent or offensive behavior while using the website;
- (d) You are not breaking any law in your relevant jurisdiction by accessing this website;
- (e) You will treat the website and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us).
“Buyer/Client”– to a registered User who purchases a music service, hire through the Platform.
“Seller/Artist/Freelance” - refers to registered Users who lists and offers music services for sale to prospective Buyer/Client or other users through the Platform.
“Order Deliverables” – refers to the specific work (singles, units, songs, teaching sessions, ready to use stock music tracks, audio files, album, Custom-made services) agreed upon and delivered by the Seller to the Buyer including but not limited to composition, melody-making, copyists, or practicing any skills, craft, techniques, sounds, chords, solos for the buyer to use anywhere for him/her to sell it in a downloadable format as included in the basic session price plus royalties kept to the seller’s rights.
“Sessions/gigs” or “Music Services” – refers to any music creation service, talents as offered, listed, requested and ordered on Freelance basis by Users through CollabPlug.
“Platform Services” – refers to all proprietary software functionality that enables Users to search, view, list, buy, sell, deliver any music services through the Platform, including the ability to communicate with other Users, rate and review their experiences.
“User”, “You” or “Your” – refers to all registered Users of the Platform.
Sellers/freelance create/list Gigs on CollabPlug to allow Clients to purchase their services.
Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
Each order you sell and successfully complete, accredit your account with net revenue of 100% (premium) + royalties of the purchase amount minus payment service expenses of 20%.
If an order is cancelled (for any reason), we will review the dispute with all evidence presented from both sides and refund the payment the party determined the winner.
Sellers may withdraw their revenues using Payment button on their profile.
Sellers are responsible for paying any direct or indirect taxes or worldwide, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Gig price shown on the Gig page is inclusive of all such taxes and charges that may apply to the Sellers.
Sellers are allowed to list as their subscription plan.
Gigs may be removed by the admin for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service.
- Bad quality services.
- Intentional copies of Gigs.
- Spam, Nonsense, or Violent Gigs.
- Gigs misleading to Buyers.
7. ARTISTS/SELLER FEATURES
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 to administration or directly from the messaging page.
To withdraw your revenue, you must have an account with PayPal, Cash App or Venmo. Transfer fees are already included with the 20% service fee.
Revenues are only made available for withdrawal from the payment page following a safety clearance period of 3 days after the order is marked as complete.
You may not offer direct payments to Sellers using payment systems outside of CollabPlug Order system.
CollabPlug retains the right to use all publicly published delivered works for CollabPlug’s marketing and promotional purposes.
Buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from Sellers through the site or through CollabPlug.
Gigs may be purchased using one of the following payment methods: Credit Card, Stripe, Apple Pay or PayPal.
Service fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover maintenance fees. If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
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.
9. YOUR DETAILS AND VISITS TO THIS WEBSITE
10. PRICE AND PAYMENT
The price of the gigs/services/products will be as stipulated at all times on our website, except in the case of an obvious error. Although we make every effort to ensure that the prices featured on the website are correct, error may occur. If we discover an error in the price of any of the products/services/gigs that you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and all amounts paid will be reimbursed to you in full.
Prices may change at any time. However, except as stipulated above, the changes shall not affect the orders for which we have sent an Order Confirmation.
Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any Contract with you.
11. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or modify any material or content from the same. Although we will always do everything possible to process all orders, there may be exceptional circumstances that force us to refuse to process an order after having sent the Order Confirmation. We reserve the right to do so at any time.
We shall not be liable to you or to any third party for removing any product from this website, or for removing or modifying any material or content from the website or not processing an order once we have sent the Order Confirmation.
12. PROHIBITED USES
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the website or website services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
13. PAYMENTS, REFUNDS, ORDER CANCELLATIONS AND ACCOUNT TERMINATION
Session Fees, Commission Payments and Chargebacks
All music services / sessions fees on the Platform are quoted in USD and all Platform commissions are payable in accordance with this Agreement. There are no hidden charges and transaction costs. Buyers only pay the session fees and session extras that they order through the Platform and Sellers receive their session sales revenue less deduction of Platform Commission, as determined by the subscription plan of users.
We reserve the right to modify any fees, commission payment, cancellation and refund policy at any time by amending these Terms.
CollabPlug uses a secure payment processor to process all online payments, checks or cash for non online payments and protects both Buyers and Sellers.
Users agree to make all payments relating to the sale and purchase of sessions and session extras through the Platform. Any action or attempt to encourage or solicit complete or partial payment outside of the ambit of Platform will constitute material breach of this Agreement. We are unable to offer any protections to Buyers and Sellers who enter into transactions outside the Platform. Any violation of this provision gives CollabPlug the right to take any remedial measure it deems fit including but not limited to suspending and/or banning your account.
In the event of chargebacks and payment disputes, we will act on behalf of the Seller to resolve the dispute with Paypal Payment Processor. Although we cannot offer any guarantees that the dispute will be resolved in favor of the Seller and full or partial payment will be made to the Seller’s account, whenever possible we will take the steps in accordance with Paypal’s Seller Protection Policy to resolve disputes in favor of the Seller.
14. SUBSCRIPTION REFUNDS
We do not offer subscription refunds, users can cancel at any time.
Order Cancellations by Buyers, Sellers and Refunds
Buyers cannot unilaterally cancel an order if they simply change their mind after they order a session through the Platform. If Buyer changes their mind after ordering the session, they must contact the Seller to request a mutual cancellation of the order. The Seller may in his/her sole discretion accept the cancellation request. However, the Seller is not obligated to cancel an order where the Seller has already delivered the order deliverables or where the Seller has started work on the order. The Seller may refuse to accept Buyer’s cancellation and deliver the agreed upon work within the delivery timeframe. The Buyer will still be able to either mark the order as complete or request revisions. If no revisions are requested the order will be marked as complete automatically after 5 days, and the Seller will receive the session revenue after deduction of Platform Commission. The Parties can both review their experience.
Buyer may cancel an order if the Seller fails to deliver within the agreed delivery timeframe. The Buyer will be entitled to a full refund under such circumstances. However, the Buyer is not entitled to any rights or claims in the work created by the Seller under such order. If the Buyer cancels an order, the Buyer does not have any rights or authorization to use Seller’s session / order deliverables in any context, medium or platform. The Seller will not receive any session revenue for time spent on such cancelled orders and retains all rights in his/her work.
Buyer may not cancel an order if the Seller has delivered the order deliverables and the Buyer is unhappy with the quality of order deliverables. The Buyer can request revisions and the Seller may revise the work but the order cannot be cancelled after delivery.
The Seller may cancel an order if the Seller is unable to deliver to create the order deliverable for any reason. The Buyer will receive the full refund in his/her account and the Seller will not receive any session revenue for such cancelled order. The processing of refund payment may take time. You acknowledge that we cannot offer any guarantees of any nature for the timeliness of refunds reaching your account.
Confidentiality of Buyer’s Information
The Seller agrees to hold all Buyer confidential information in strict confidence and only use such information for the purposes of order delivery. For the purposes of this agreement Confidential Information includes but is not limited to: written scripts, contracts or similar content provided by the Buyer to the Seller to enable the Seller to deliver the session as ordered by the Buyer.Confidential Information will not include any information which:
- is or becomes generally known to the public by any means other than a breach of the obligations of the Seller;
- was previously known to the Seller or rightly received by the Seller from a third party;
- is independently developed by the Seller;
- is subject to disclosure under court order or other lawful process; or Seller agrees not to make Buyer’s confidential information available in any form to any third party or to use such Confidential Information for any purpose other than as specified in this Agreement. All Buyer confidential information shall remain the sole and exclusive property of the Buyer.
15. COPYRIGHT PROTECTION AND OWNERSHIP
We respect copyrights of others and do not condone any violations of copyright laws. As a User you are under obligation not to upload, download, post, transmit, reproduce, republish, sell, resell or distribute or in any way access or make available any content that is protected by copyright laws without the express permission to use such content from the authorized person. You may not use any copyrighted material on the Platform for any purpose other than for which you have full rights. If we find that our User has violated a copyright of another person or entity, we reserve the right to immediately terminate such User’s access to our Platform and take any other appropriate remedial actions that we in our sole discretion deem fit.
You understand that the users of our Platform shall have fully and absolute rights over the content they create on our platform and they shall have full ownership rights to the content. Collabplug shall not use the content without the users’ permission.
We appreciate our Users and love to hear their views. If you would like to share your feedback and suggestions about how we can improve our Platform Services, please submit your feedback to the email address given below. By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, without any restriction or compensation to you.
Contact us email: [email protected]
WE SECURE THE SIT AND THE SIT IS ENCRYPTED UNDER HIGH SECURITY SERVICES TO HELP YOU AND YOUR MATERIALS TO BE SAFE. WE VET ALL USERS AT THE HIGHEST DEGREE OF SEARCH. ALL SALE AGREEMENTS ARE BETWEEN BUYERS AND SELLERS ONLY. AT NO TIME WILL COLLABPLUG BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER THE SALE AGREEMENT.
ALL SERVICES OFFERED OR MADE AVAILABLE THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
OUR DEVELOPER TEAM IS WORKING AROUND THE CLOCK FOR YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. COLLABPLUG EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF PLATFORM AND SERVICES PROVIDED THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK.
18. LIMITATION OF LIABILITY
IN NO EVENT WILL COLLABPLUG BE HELD LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR ASSOCIATED WITH THE USE OF THE SERVICES.
THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGES AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. YOUR USE OF THE PLATFORM AND SERVICES OFFERED THEREIN IS SOLELY AT YOUR OWN RISK. IF NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COLLABPLUG, OR ITS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES ARISING OUT OF ASSOCIATED WITH YOUR USE OF THE PLATFORM SERVICES OR THIS AGREEMENT, UNDER NO CIRCUMSTANCES WILL COLLABPLUG’S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL EXCEED $200.
19. INTELLECTUAL PROPERTY RIGHTS
CollabPlug and its licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the website and the website services. The CollabPlug logo and name are trademarks of CollabPlug and are registered. All other product names, company names, marks, logos, and symbols on the website or website services may be the trademarks of their respective owners.
CollabPlug reserves the right to change, suspend, limit or discontinue any of its Services, in whole or in part at any time for any reason, without notice (unless required by law).
We may refuse service to anyone and may terminate or suspend your services and your access to the website in whole or in part at any time, for any reason, without notice unless required by law.
If we terminate, limit or suspend your access to our website:
- You don’t have a contractual or legal right to continue to use our website.
You agree that you will be responsible for your use of the website, and you agree to defend and indemnify CollabPlug from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of, the website; (ii) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (iv) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Any omission on the part of CollabPlug to exercise its right or remedy under this Agreement will not constitute a waiver of that right or remedy by CollabPlug.
CollabPlug may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, User may not assign, sublicense or otherwise transfer any of their rights under these Terms to any other party with express written consent of CollabPlug.
If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.
25. FORCE MAJEURE
Neither CollabPlug nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, Nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Whilst the performance has been suspended for more than 14 days, either CollabPlug or the User may terminate this agreement without any notice.
26. 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 CollabPlug’s Customer Support department for assistance at [email protected]
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 Workspace chat to attempt to resolve the matter by working it out with the seller or if it’s 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 CollabPlug 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 Offer description page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
CollabPlug reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
CollabPlug does not refund payments made for cancelled orders back to your payment provider automatically. Funds from order cancellations are refunded to the buyer’s bank or PayPal after 21 days of review. Funds returned to your balance from cancelled orders will not include processing fees paid.
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.
27. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.