Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Podular’s Customer Support department for assistance

Basics

  • Order cancellations can be performed on Podular, when eligible, by Customer Support or through the Resolution Center per order.
  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. 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 that you encounter an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter.
  • Podular, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
  • All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is cancelled for any reason.
  • If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Podular Balance.
  • Revisions to deliveries can be performed by Sellers based on the Seller’s Service and customer care. Sellers may determine the amount of revisions they wish to offer, including no revisions.
  • Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
  • Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

  • Podular encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
  • Eligibility for requests to Podular to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Podular delivery system. See below for Order specific eligibility.
  • Completed orders (or, where applicable, completed milestones) may be cancelled , upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
  • In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s Podular Balance and will be deducted from the Seller’s Podular Balance or, if there are no sufficient amounts in the Seller’s Podular Balance, from future revenues of such Seller.
  • 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 Service Page. You may rate your experience with the Seller on the Order Page, including the overall level of service quality received.
  • You must use Podular Resolution Center to address your concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Podular.
  • Any non-permitted usage of Podular encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled . This includes, but not limited to; harassment, unlawful behavior, or other violations of Podular’s Terms of Service.
  • Podular Customer Support will cancel orders based on, but not limited to, the following reasons:

Active orders (after requirements were submitted to the Seller and before the Seller delivers on Podular):

  1. The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
  2. Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
  3. Users supplied or included copyright/trademark infringing materials as part of their requirements or the Seller’s delivery.
  4. The user is no longer an active Podular user due to Terms of Service violations or closure of their account.

Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)

  1. The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service. Note: Multiple reported offenses will result in permanent suspension of your account.
  2. The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
  3. The Seller requests additional payments, on or off the Podular platform, by withholding the final delivery of services directly related to the agreed requirements.
  4. The Seller is withholding the final delivery of services for improved ratings.
  5. Users who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
  6. Users who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.

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

  1. Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
  2. Users who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Seller’s Service Page and cannot be retroactively included once the order is completed for over 14 days.
  3. Podular Customer Support will review cases of Order delivery manipulation that prevents users from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Chargebacks 

Podular reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Podular (or one of Podular’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller. 

Refunds

  • Podular does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Podular Balance and are available for future purchases on Podular. Until January 1, 2019, funds returned to your Podular Balance from cancelled  orders will not include service fees paid. As of January 1, 2019, Podular returns service fees to your Podular Balance once an order is cancelled . In any event, if the service fees were not returned to your Podular Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Podular. 
  • Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

General Terms

Modifications

  • Podular may make changes to these Payment Terms from time to time. When these changes are made, Podular will make a new copy of the terms available on this page.
  • You understand and agree that if you use Podular after the date on which the Payment Terms have changed, Podular will treat your use as acceptance of the updated Payment Terms.

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 ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PODULAR NOR ANY PERSON ASSOCIATED WITH PODULAR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL PODULAR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, 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 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 AGENT OF SELLER, PODULAR AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Podular, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.

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