Hi, thanks for taking the next step towards becoming a service provider or seller with Pixilogy. If you’ve reached this point then you’re already a member and you’ve accepted our user terms. These additional terms for service providers (‘additional terms’) are an extra part of the user terms that applies specifically to service providers. You’ll need to agree to them before you can provide services. These govern the relationships, rights and obligations of service providers providing services to buyers using our site. You agree to offer services to buyers on the basis stated in the user terms and these additional terms.
When we say ‘you’ in these additional terms we are referring to you, the service provider. All other words defined or explained in the user terms have the same meaning here. If there’s any inconsistency between what we say in these additional terms and what is in the user terms, what we say here prevails.
Offering and pricing services
If you’d like to offer services using our site, you’ll need to submit all the information requested on the site and pass our review process.
It is your responsibility to make sure that you accurately assess how long it will take you to provide your services and to make sure that you can provide the required level of care, technical expertise and skill needed to provide the services described in the buyer’s brief. We can accept, reject, disable and remove you and any of your services, at any time, at our discretion. We also have final say on the category that your service may be offered in and we can select a more relevant category for your service at any time.
You will be able to update details of your services without going through the formal review process however you understand that this will be monitored and you agree to follow any instructions we send to you about your changes and updates.
It is your own responsibility to independently determine the price for your services. You acknowledge that our site can only support the provision of services that you have valued to be within the price ranges we specify for each category of service. We may change the price ranges for any category after giving you reasonable notice. You can change your prices (or change and remove services) without notice.
You provide services directly to the buyer using the site to facilitate communication and distribution of content. We don’t acquire your services and we are not a re-supplier of your services.
Offering your services to members
If a buyer sends you a brief to provide services you will assess the brief to make sure that it is within the scope of the services you offer and that you will be able to provide the services on the basis set out on the services page for that service. You are not obliged to accept any request to provide services but once you have agreed to do so, you must use your best endeavours to ensure that the services are completed. Once you have accepted a request to provide services you will reply to questions asked by buyers truthfully and within reasonable time. You cannot change the price for services that are already in progress.
Payment, fees and taxes
You provide services to buyers in return for payment from buyers. We collect the services payment from a buyer at the time the buyer asks you to provide the service. We will hold the services payment until the job is closed. You can choose how to receive payments from the range of payout methods offered on the site.
After a job has closed we will transfer the payment for the services, less our platform fee, to your service provider earnings account. At the start of each month, if your service provider earnings account has a minimum balance, the funds in that account will be transferred into your pending withdrawals account. Payments to you from your pending withdrawals account will generally be made automatically on a regular basis but not longer than a month apart. We won’t, however, transfer payments to your service provider earnings account, pending withdrawals accounts or to you for any jobs that are subject to a dispute, charge back process or other investigation until the issue is resolved in your favour.
Because of the transaction costs incurred by each payout method, we can only make a payment to you if you meet the minimum balance requirement for the payout method you have chosen.
When payment for your services is added to your service provider earnings account we deduct our platform fee which is a percentage of the price for the services. Our current platform fee is specified here. We may change our platform fee on one month’s notice. If there is a change to the platform fee this will apply to services started after the change (not those already started).
Sometimes we might want to offer special deals or other promotional offers (‘special deals’). You will control whether you participate in special deals, usually through opting in to or opting out of them.
Between you and buyers: the price you charge buyers as a service provider will include indirect taxes (like GST, VAT and sales taxes). As you are providing your services directly to buyers, it is your responsibility to collect and remit indirect taxes to the relevant tax authorities, and to provide a tax invoice to buyers on request. We cannot provide tax advice so you should form your own view or take advice on your tax obligations, and consider these when you price your services.
Between Pixilogy and you: our platform fee is inclusive of indirect taxes (like GST, VAT and sales taxes). Whether indirect taxes are relevant, and whether we’ll provide you a tax invoice, will depend on your location. Each of us will each be responsible for bearing all other fees or taxes our local laws might impose on each of us.
If a buyer chooses to open a charge back or other dispute via a payment method provider before you have received payment, you will not be paid unless the issue is resolved in your favour. If you have already been paid, we reserve the right to retain the equivalent sum from your future earnings. We also have the right to retain sums equal to those that we have paid out as refunds.
Warranties (your promises)
We expect you to have high professional standards and great communication skills when you provide services to buyers on our site. You promise to provide the services:
using clear, accurate and polite language;
carefully, skilfully and efficiently;
so that they are consistent with the quality of the examples you provide us or buyers;
as you have described them;
in accordance with the brief you agree with the buyer; and
within the turnaround time described on the site or agreed with the buyer.
You promise that:
your provision of the services and your content will not contravene any law, statute, ordinance, or regulation in any relevant jurisdiction (country or state);
offering and providing the services on and via the site will not cause Pixilogy to contravene any applicable law, statute, ordinance, or regulation in any relevant jurisdiction;
you will act in good faith at all times and provide us with full cooperation and any information that we might reasonably request; and
you will provide the content to the buyer as required by the brief and you will ensure that you transfer to the buyer all materials, unwatermarked and ready for use, promptly after you have approved the job; and
you will not assign or subcontract the services.
Dealing with your intellectual property
Under the services agreement, you agree to give the buyer a license for any pre‑existing materials you give to them as part of services. You must specifically identify any pre-existing material, so that the buyer is aware what they will not have exclusive rights in. You also agree to assign materials which you have created specifically for the buyer as part of services. This means you must ensure that you have the rights necessary to license or assign these materials to the buyer, so that the buyer receives ongoing rights to use the materials provided free of limitations other than any set out in any of the Pixilogy terms.
You must ensure that you also have appropriate rights to use the content and tools you use to provide the services. You will not include any content not created by yourself (such as creative commons, open source or other content) unless the buyer specifically agrees to this and you give the buyer a copy of the relevant use or license terms for those materials. If the brief involves you finding additional assets owned by others (e.g. stock photos), you must make clear to the buyer that these are to be licensed directly by the buyer at their cost, and you must give the buyer instructions on how to do so.
To help us promote the site, and therefore your services, you confirm that we can use your name, likeness, trademarks and logo and those of the principal in promotional activities for the site around the world. You agree that we can use any content that you make publicly available in promotional activity for the site.
Working for a principal
If you’re working with or for a principal (for example, a company) you confirm that you are an authorised representative and agent of that principal. All the services you provide on the site will be deemed to have been made by the principal if you nominate that principal and the principal will be bound by each of the user terms, additional terms and the services agreement.
The user terms and these additional terms bind you in your own capacity and as agent for your principal (if you have one). You will take any steps necessary to ensure the compliance of the principal (and its officers, agents and employees) with the provisions of the user terms (including these additional terms). You and the principal are liable for the acts of your or the principal’s officers, agents and employees.
The indemnity in clause 31 of the user terms applies to you in your own capacity and as agent for your principal (if you have one); therefore both you and the principal indemnify us as explained in that clause of the user terms. This indemnity applies also to any act or omission of your or the principal’s officers, agents and employees which if it had been an act or omission made by you, would have been a breach of this agreement.
If you want to stop providing services temporarily or indefinitely you can pause your services using the pause function.
If you want to stop being a service provider on the site you can do so at any time. We prefer you to complete existing jobs however if this is not possible you agree that you will return all content that belongs to the buyer, and we can return all payments to the buyer, for any services that are not completed.
As well as being able to suspend or terminate your membership, we may also disable your services, at any time for any reason.
These additional terms will end when you stop providing services on the site, receive any final payments held by us and end your membership as a service provider.