Terms Of Service

GENERAL TERMS AND CONDITIONS OF FIVESTEAD.COM, A SERVICE BY EMPELLEX INC.

These general terms and conditions of service regulate the use, rights, and duties between you, the user (hereafter: You, Member, Buyer, Seller) and Empellex Inc., (hereafter: FiveStead.Com, the Site, Website). The terms “service” and “product” are sometimes referred to as “jobs” or a “job” hereafter. If you do not accept these Terms of Service or you do not meet or comply with their provisions, you may not use the Website.

A. TERMS APPLICABLE TO ALL USERS

1) Service Provided

FiveStead.Com facilitates a service that allows individuals to sell and/or buy services from other registered FiveStead.Com Members. The public can register and create a free account to become a member and sell and/or buy services. There is no fee for registration, buying, or posting jobs. Members can post multiple jobs but each job must be unique without duplication as duplicated or closely similar jobs will be deleted. The seller sets the price the buyer pays for their jobs from a predefined list of prices in United States Dollars that this website supports. Pricing outside this predefined list is not supported.

Only registered members have privileges to buy and/or sell services on FiveStead.Com. Members are permitted to have one account on this website. Members that register more than one account are in violation of the terms of service and FiveStead.Com can permanently ban the member and delete all of their accounts and associated content including job postings. The use of proxy servers to access and use this website is prohibited.

Each member must have a valid PayPal account to offer services and to buy services on this website. Only one PayPal account may be used on FiveStead.Com by each member. A valid PayPal account is required for the Seller to withdraw revenues. Members must verify that they are able to receive and send payments via their PayPal account. FiveStead.Com is not responsible for setting up, supporting, and maintaining a members PayPal account. If a member makes a withdrawal FiveStead.Com cannot make changes once the process is initiated by the member. Members that use the same PayPal account for more than one registered account on FiveStead.Com will have their account permanently banned for violating the terms of service.

To gain more exposure for jobs sellers can purchase a featured listing to highlight their job. This service makes the sellers job standout to attract more attention and facilitate more sales. A featured listing is a term service and must be paid for in advance.

Seller’s ratings are based on their received feedback from members, the number of late deliveries, and the number of cancelled orders.

2) Ownership and limitations

Jobs rendered by sellers are considered work for hire and thereby buyers are granted all rights for the delivered work, unless otherwise specified by the seller in the job post description. Unless explicit and clearly stated otherwise in the job description text when work is delivered to the buyer by the seller the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller. The seller waives any and all moral rights therein once work is delivered to the buyer. The work delivered to the buyer by the seller is considered work for hire and includes custom created work such art and design work, report generation, written documentation that is delivered to the buyer by the seller and shall be the exclusive property of buyer.

The seller agrees that the buyer is assigned all copyright in any delivered services that do not meet the legal definition and requirements of a work for hire relationship under the U.S. Copyright Act. In addition and independent of the U.S. Copyright Act the seller agrees that unless indicated otherwise in the job description text that once the order is completed and their work is delivered to the buyer that the seller assigns the buyer all rights, title, and interest in and to the delivered service and work and waives all moral rights in connection therewith to the fullest degree, protection, and extent under the law.

The seller agrees that the content delivered through the provision of their service is unique, original work, and free from copyright violation. The seller asserts that permission is provided to them to sell, resell, and distribute the work posted and described in their job and service offering on this website.

The seller asserts to keep confidential, private, and free from public domain any information received from the buyer and to only use information provided by the buyer for the purpose of delivery of the work to the buyer.

3) Jobs

Posting content that FiveStead.Com deems inappropriate will result in a permanent account block. Adult, illegal, racist, abusive, offensive, or spam related descriptions, content, services, and products are not allowed and strictly prohibited and will result in an immediate and permanent account and IP ban/block.

The following content is prohibited from being listed and sold on this website:

  • Illegal and Copyrighted Material
  • Adult Related Material
  • Violent, Racist, Abusive, and Offensive Content
  • Spam Oriented Content
  • Content Promoting Another Website Offering Similar or Competing Services

FiveStead.Com reserves the right to decline and delete jobs that it deems inappropriate without providing reason. FiveStead.Com makes every effort to protect the community and its user from harmful and hurtful content.

4) Member Protection

Members are encouraged to report to FiveStead.Com other members that request personally identifiable information and, or request payment outside of this website. FiveStead.Com’s messaging system allows users to exchange job related information, discuss job related details, transfer files, and communicate.

To protect member privacy sellers are prohibited from sharing email addresses, Skype or MSN usernames, or personal contact details with buyers. Sharing this personality identifiable information is grounds to be banned from this website. The buyers identify is not disclosed to the public and is kept anonymous. Sellers are prohibited from providing their contact information in their job post and, or attempting to sell jobs that are posted on this website to buyers outside of this website. FiveStead.Com makes every effort to protect privacy. Members must read and agree to FiveStead.Com’s privacy policy to use this website.

Users are responsible to scan any files or content delivered with the provision of services for viruses, malware, and other malicious code. FiveStead.Com is not liable for any damages or harm that may be caused by using this website and, or content or files transferred through this website.

Members should read our community standards and quality guidelines to understand, acknowledge, and accept the behaviors that are deemed appropriate when interacting and communicating with other members.

Penalties for violating the terms of service may include a suspension, forfeit of earnings in the case of buyer refunds, and, or a permanent account ban. FiveStead.Com reserves the right to suspend or terminate a member’s account without notice when the member is deemed to have violated this terms of service agreement.

Orders that are not fulfilled and completed will be cancelled and credited to the buyer in their account balance.

5) Terms of Payment

Sellers are able to offer services on FiveStead.Com for a small commission fee on each sale. There is a commission charged as a portion of each sales transaction made between buyers and sellers. A low commission fee of fifteen percent (15%) of the overall sale revenue is automatically deducted by FiveStead.Com. Our commission fee is one of the lowest in the industry and it covers our advertising, operating, and payment handling fees. FiveStead.Com uses a portion of its commission to advertise the services sellers offer and to attract buyers to this website to purchase seller services. The community grows together and both buyers and sellers are encouraged to spread the word and promote their services and the services of outstanding sellers. It is prohibited for registered buyers and sellers to offer and, or accept payments for jobs posted on this website using methods other than placing orders through this website.

The buyer submits payment to FiveStead.Com in advance for placed orders. Buyers can purchase jobs using PayPal, Credit Cards via PayPal, or their FiveStead.Com account balance providing there are sufficient funds. Once payment is confirmed a unique order will be created. FiveStead.Com holds payments in escrow and releases it to the seller after the job has been deemed complete by the buyer and the holding period has lapsed. All jobs should be ordered using the “Order Now” button.

6) Order Procedure

After payment is cleared the seller is notified and should begin working towards completing the job within their stated delivery time. The seller will distribute their work to the buyer through their account once the work is completed. The buyer will be notified of changes in the jobs status by email. When the buyer is satisfied and accepts the job the order is considered complete and payment is credited to the sellers account. FiveStead.Com is a service facilitator and as such is not responsible for delivering the sellers content to buyers.

Jobs offered by sellers can be purchased on this website via a valid PayPal account. Once a job is purchased and accepted by the seller the order cannot be cancelled by the buyer. If a seller rejects the order the amount paid is refunded to the buyers account on this website to use for a future purchase or to withdraw. No refunds are directly paid to PayPal accounts.

7) Late Delivery

In the event an order is past due the seller will receive a reminder. If the seller does not complete the order within the reminder period the order will be cancelled and the buyer’s FiveStead.Com account balance will be credited. Late delivery will have a negative effect on the sellers rating and is unacceptable. Sellers that deliver work late on a repeat basis may have their account suspended. If sellers are uncertain they can deliver work quickly they should set a longer delivery time when posting their job.

8) Mutual Order Cancellation

The buyer and seller may agree to mutual cancel their order anytime. The seller can decide to cancel an order anytime but without the buyers agreement the seller’s rating and feedback may be negatively affected. Cancelling orders without mutual agreement between the buyer and seller is discouraged. If the seller cancels a service order for any reason the revenue is returned to the buyers account.

9) Delivering Orders

The seller will be notified by email once an order is placed. The Seller is expected to honor their stated delivery date specified in their job description; otherwise, if the seller fails to deliver by their delivery date the buyer is able to cancel their order, leave negative feedback, and a poor rating for the service. It is important sellers set realistic delivery dates to avoid problems.

FiveStead.Com shall not be held liable for and does not warranty the quality of the jobs posted and delivered on this website. Buyers must use careful judgment and consider the sellers ratings and feedback when deciding to place an order. If a buyer is not satisfied with the work delivered by the seller they can reject delivery of the order and insist any problems are addressed. Most sellers value their customer service and ratings and will work with buyers to resolve issues. If a seller provides poor service the buyer is encouraged to leave negative feedback for other buyers to consider.

10) Disputes

If there is a dispute between the buyer and seller the buyer should initiate a formal dispute through this website. An investigation will commence in response to the dispute in the event that the buyer and seller cannot reach an agreement and require assistance. PayPal should not be used to dispute transactions made on this website. Users that use PayPal’s dispute system may have their accounts on this website placed on hold because additional overhead and process will be created to work through the incident. Users that have their account placed on hold will be unable to buy and sell on this website. In the event a refund is issued it will be returned to the users account on this website and not their PayPal account. Buyers and sellers are strongly encouraged to communicate and resolve any disputes that may arise between them regarding the provision of service. If buyers and sellers are unable to resolve their dispute after they attempt to on their own and after using this websites dispute system, then FiveStead.Com should be contacted to assist with the process via customer support. FiveStead.Com is always here and happy to help community members. Using third parties to resolve disputes is discouraged.

FiveStead.Com reserves the right to cancel and refund any order at their discretion at any time without providing a reason.

11) Withdrawing Funds

The seller may withdraw earned revenues to their PayPal account after the seven (7) day holding period that begins once an order is marked complete (PayPal fees of $0.50 + 3.4% will apply). In order to withdraw funds members must have a minimum account balance of $4.00. It may take up to three business days for the processing of payouts. If a sellers account is blocked the seller will be able to withdraw revenues from their blocked account after a safety period of 40 to 90 days. The length depends on the reason for blocking the account and is timed from the day of the last cleared payment received in their account and subject to FiveStead.Com’s approval.

12) Physical Products

For the purchase of physical products the buyer will be required to provide the seller with a shipping address. Sellers are responsible for all shipping arrangements with the buyer. FiveStead.Com does not guarantee shipping, handle merchandise, monitor tracking, guarantee quality or condition of items, or delivery of products. FiveStead.Com shall not be responsible or held liable for damages or problems caused, directly or indirectly, from delivered items and their shipping. The fee for shipping should be identified clearly by the seller in their job post for their product. The seller should charge enough shipping to cover the delivery of the item with tracking to provide proof that the item was mailed. This protects the seller should disputes arise that stem from lost or missing packages.

13) Job Levels

Levels are used to recognize sellers for their outstanding service and ability to successfully fulfill orders. Levels help buyers identify active and established sellers. FiveStead.Com is committed creating a positive user experience and rewarding community members that complete successful transactions.

14) Liability

FiveStead.Com is an ecommerce platform that operates as a micro job service provider. FiveStead.Com is a service facilitator and as such is not directly involved in the jobs and does not hold warranty or utility over the quality of work provided by sellers to buyers. Under absolutely no circumstance shall FiveStead.Com be liable for damages exceeding the purchase price of a job. Any refunds or credits will only be provided to a members account; therefore, no direct PayPal refunds will be issued.

15) Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. FiveStead.Com. SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF FiveStead.Com. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY FiveStead.Com. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

16) Payment Disputes

Members are only permitted to dispute payments through FiveStead.Com and agree to abstain from filing payment disputes with third parties such as PayPal. FiveStead.Com is happy to provide assistance in solving payment issues should members be unable to work out disagreements on their own. Members who file disputes with third parties such as PayPal or Payza may have their FiveStead.Com accounts closed or permanently banned for violating the terms of service for this website.

17) Unsolicited Emailing and Spamming

Spamming is defined as sending multiple general messages to multiple users without first receiving their express consent to receive the messages. Spam is strictly prohibited and will result in an immediate and permanent account and IP address ban without notice. FiveStead.Com makes every attempt to ensure its users maintain a positive and pleasant user experience.

Members are prohibited from sending abusive email, automatically sending scripted text or disguised messages with intent other than to fulfill orders. Members that are reported or identified as guilty of spamming will be immediately investigated. FiveStead.Com may suspend or ban a member’s account without providing reason if they deem at their sole discretion that the member participated in spamming activities.

FiveStead.Com at its sole discretion may terminate any member’s account that is found to have engaged in this prohibited activity, and the termination provisions within will apply. FiveStead.Com reserves the right to take any other action it deems necessary and further reserves the right to change these standards without notice.

18) Acceptance and Notifications

FiveStead.Com can change its terms of service at their discretion without providing notice to its members. FiveStead.Com will publish changes to the terms of service on this webpage. Members are encouraged to visit and review the terms of service often to identify changes. Members that continue to use this website after terms of service changes are considered to be in agreement and acceptance of all changed terms. Members must read FiveStead.Com’s terms of use policy. By agreeing to our terms of service policy you are also agreeing to our terms of use.

19) Indemnity and Severability Clause

You agree to defend, indemnify, and hold FiveStead.Com., its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service. Should one of the terms of service clauses become invalid, the validity of the remaining provisions as a whole shall not be affected. Place of jurisdiction and place of fulfillment, to the extent permitted by law is Canada.