Terms of Service

Introduction


Vorbly's Terms of Service

Effective Date: January 24, 2018

Welcome to Vorbly.com. Vorbly is a platform for Digital Marketing Solutions for businesses of any size.

The following terms and conditions (these "Terms of Service"), govern your access to and use of the Vorbly website, including any content, functionality and services (“Solutions”) offered on or through www.vorbly.com (“The Website”), by Vorbly Inc.

Please read the Terms of Service before using The Website. By using The Website, opening an account or by clicking agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not access or use The Website. If you agree to the Terms of Service on behalf of an entity or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to bind that entity or agency to the Terms of Service.

Vorbly reserves the right to update this Terms of Service as it deems necessary and any such updates will be available to users on The Website. If the changes are material or negatively impact our users, Vorbly will provide at least 30 days’ advance notice of the change, otherwise we may not provide any advance notice for changes. Any revisions to the Terms of Service will take effect on the effective date (“Effective Date”).

The Website is available to users who are of legal age (“Legal Age”) to form a binding contract under applicable local and national laws. If you are below the Legal Age, you may not use The Website, its functionality and Solutions. By using The Website, 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 Website.

Our Customer Support Team is available 24/7 if you have any questions regarding The Website or Terms of Service. Contact Us.




Key Terms & Definitions


Buyers pay Vorbly in advance to create an order.

Vendors are third party service providers or freelancers who perform services through Vorbly.

Solutions are marketing services offered on Vorbly which includes but not limited to branding, market research, web design, search engine optimization, content marketing, search engine marketing (paid search), social media marketing and email marketing services. Solutions may be provided by vendors.

Assignments are collections of Solutions offered on Vorbly.

Disputes are disagreements experienced during an order between a buyer and vendor or between a buyer and Vorbly on Vorbly.

Marketing Packs are custom packages of marketing Solutions. Examples of marketing packs include but not limited to “Starter Pack”, “Booster Pack”, “Rocket Pack”.

Starter Pack allows buyers to purchase a custom package that includes but not limited to branding, market research and web design Solutions.

Booster Pack allows buyers to purchase a custom package that includes but not limited to search engine optimization and content marketing Solutions.

Rocket Pack allows buyers to purchase a custom package that includes but not limited to search engine marketing (paid search), social media marketing and email marketing Solutions.

DIY Plan allows buyers to customize their own marketing Solutions.

Orders are the formal agreement between a buyer and Vorbly for solutions provided. For avoidance of any doubt, subsequent additional solutions will be invoiced separately and constitutes a separate order.

Order Form allows buyers to describe their businesses and marketing requirements.

Confirmation Email is an email sent to a buyer when the buyer pays for the Solutions.

Order Confirmation is at the point when a buyer pays for the Solutions. In most cases, a confirmation email will be sent to the buyer’s email. Order will be deemed as confirm regardless of whether the buyer receives or reads the confirmation email.

Marketing Brief allows buyers to provide details of their marketing and/or campaign requirements.

Invoice is sent via email to buyers after they have completed the order form. Order is only confirmed after invoicing and after buyers had purchases the Solutions. My Dasboard is a online platform on The Website for buyers and vendors to interact, track project milestones, provide feedback and upload files for the purpose of fulfilling an order.




Buyer Rights & Ownership


Unless clearly stated otherwise in the Solution description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered, and the vendor waives any and all moral rights therein. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the order and the delivery may not be used if payment is cancelled for any reason.

Vendor must ensure that any information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the order to the buyer.

Users (both buyers and vendors) agree that unless they explicitly indicate otherwise, the content users voluntarily create or upload to Vorbly, including texts, photos, videos, usernames and any other information may be used by Vorbly for marketing and/or other purposes. Vorbly retains the right to use all published delivered works for Vorbly marketing and promotion purposes.

Vorbly is committed to your data privacy. Please read our Privacy Policy for more information.




Fees and Payments


All prices stated on The Website are in U.S. Dollars unless otherwise stated.

Payment methods available includes but not limited to PayPal and credit cards.

Users may not offer or accept payments using any method other than placing an order through The Website.

A 3% transaction fee charged by PayPal will be applied to each order, unless otherwise specified.

Additional fees may apply based on your location and currency selected.

All transaction and processing fees are added at the time of the purchase where a buyer can review and accept the total payment amount. In the event of a refund, funds returned to the buyer's accounts from cancelled orders will not include and transaction and/or processing fees paid.

In order to protect against fraud, unauthorized transactions (e.g. money laundering), claims or other liabilities, Vorbly does not collect credit information. Vorbly's payment vendors collect information for the purpose of payments from buyers on The Website or via email invoice Vorbly does not have access to payment information provided by buyers to the payment vendors. As such, payment information is subjected to the applicable privacy policies of the payment vendors.

Filing a transaction dispute or reversing a payment through the buyer's payment provider or bank violates these Terms of Service. Vorbly may suspend the buyer's account and Solutions to investigate any possible security violations. Please note that once the buyer has filed a dispute with their payment provider, the funds will be ineligible for a refund due to Vorbly's obligations towards our payment provider.

Vorbly reviews cases of payment provider chargebacks and disputes. The outcome of each investigation may vary due to chargeback reasons and Vorbly strives to achieve a fair resolution for all parties involved. If the chargeback is allowed, Vorbly will refund part or full amount of the order.




Cancellation of Orders


Buyers may cancel orders anytime before order confirmation.

Buyer may cancel orders after order confirmation if buyer contacts Vorbly immediately and vendors have not started work on the orders. For avoidance of any doubt, if an order has multiple solutions, only solutions where vendors have not started work can be cancelled. For cancelled orders, 80% of the order value will be refunded to the buyer.

A Solution will be marked as delayed if vendors fail to provide the deliverables within the specified timeline. If additional information and files are required to progress and are not provided in a timely manner by the buyer, the order will not be marked as delayed.

Buyers may cancel Solutions marked as delayed. For avoidance of any doubt, if an order has multiple Solutions (e.g. branding, market research and web design), buyers may cancel only the Solution(s) that are marked as delayed. For cancellations due to delays, 100% of the order value will be refunded to the buyer.

For orders with multiple Solutions with inter-dependences, the buyer is responsible to verify these dependences before cancellation. If a Solution is cancelled and affects the delivery of other Solutions, subsequent Solutions will not be refunded to the buyer. For example, if the Branding Solution is cancelled and results in the delay for the Web Design Solution, the Web Design order amount will not be refunded to the buyer.

For orders that are cancelled by the vendor, 100% of the order value will be refunded to the buyer.

Completed orders may not be cancelled. If there is a dispute, please contact Vorbly’s Customer Support Team. Customer Support will not take any action against orders where buyers failed to inform vendors of any issues in a timely manner.

Cancellations must be initiated within 90 days of order confirmation.

Vorbly reserves the right to cancel orders or place funds on hold in the following event (but not limited to):

  • Any suspected fraudulent or illegal activities

  • Users use abusive language towards other parties

  • Users supplied or included copyright or trademark infringing materials to fulfil the order

  • Users violated the Terms of Service

  • Buyers who request revisions to gain more service not included the Solution description

  • Buyers who threaten to leave a bad review to gain more services not included in the Solution description

  • Vendor is late and unresponsive for more than 24 hours while the Solution is marked as delayed

  • Vendor mark order as completed without sending deliverables to the buyer in an effort to extend delivery date

  • Vendor does not deliver files or proof of work for the Solution requirements

  • Vendor is withholding delivery of Solution in an effort to obtain better reviews

In the event that Vorbly cancels the orders, the amount to be refunded will be reviewed on a case-by-case basis.

Refunds may take up to 7 business days for the funds to be returned to the buyer's account. Processing time depends on the time taken for the payment vendors to fund the buyer's account.




My Dashboard


My Dashboard provides information such as personal information, progress tracker, project summary, pending items and performance management information.

A Solution is marked as Delivered after the deliverables have been completed and uploaded by the vendor. A Solution will be marked as Completed when the buyer accepts the deliverables and writes a review for the vendor. A Solution will automatically be marked as Completed after it is delivered by the vendor and no request for modifications were submitted within 3 days after marked as Delivered.

Users are responsible for scanning all transferred files for viruses and malware. Vorbly will not be held responsible for any damages which might occur due to The Website usage, use of content or files transferred.

Buyers may add comments or request for revisions on their dashboard if deliverables do not match the Solution description or requirements in the order form and marketing brief.

Buyers are encouraged to communicate and provide feedback to vendors during the assignment. If there are any unresolved conflicts, users can contact Vorbly’s Customer Support for assistance.

Buyers may leave reviews for each vendor after the order has been completed. Reviews will not be removed unless it violates our Terms of Service.

To prevent any misuse of our review system, all reviews must come from legitimate sales executed through Vorbly. Arranged purchases to artificially boost seller’s ratings will result in suspension of all related accounts.

Once an order is delivered, the buyer has three days to respond and post a review. If no response is provided within the response period, the order will be considered completed.




Taxes & Formal Invoices


Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to order price.

Vorbly will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Vendor’s fees. Vendors will be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Vendor’s Fees and for issuing any invoices so required. Vendors will also be solely responsible for remitting to the appropriate authorities any value added tax or other taxes required by applicable law.

In the event of an audit, Vendor agrees to promptly cooperate with Vorbly and provide copies of Vendor’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing the vendor is engaging in an independent business as represented to Vorbly.




User Conduct and Protection


Vorbly provides marketing Solutions for all. And enables creatives around the world to provide affordable marketing Solutions. Members of the Vorbly community can communicate and engage through orders, social media and forums.

Vorbly maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Vorbly. This section relates to the expected conduct users should adhere to while interacting with each other on The Website.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support Team.

Basic Conduct

Communication on Vorbly should be friendly, constructive and professional. Abusive, rude, improper language or violent messages sent to users are unacceptable. Vorbly condemns bullying, harassment, hate speech and discrimination towards other users. Inappropriate behaviour and language will not be tolerated and may result in a warning or suspension of accounts.

To protect our users' privacy, user identities are kept anonymous. Requesting or providing email addresses, instant messaging usernames, phone numbers or any other personal contact details to communicate outside of Vorbly or abuse of Vorbly platform is not permitted.

Any necessary exchange of personal information for the purpose of order fulfilment may be provided in the order form, marketing brief and My Dashboard.

Vorbly does not provide any protection for users who interact outside of the Vorbly platform.

All information and file exchanges must be performed on The Website.

Violations

Vorbly will respond to clear and complete notices of alleged copyright or trademark infringement and/or violation of third party’s terms of service.

Users should report any violation of Vorbly’s Terms of Service through our Customer Support Team. To protect the privacy of individuals involved, the results of the investigation will not be shared. Please read our Privacy Policy for more information.

Users may receive a warning or suspension of their accounts for the violations of our Terms of Service or any user misconduct reported to us. A warning or account suspension notice will be sent to the user's email address. Warnings do not limit account activity, but can lead to poor performance ratings and account suspension.

Non-Permitted Usage

Adult Services & Pornography. Vorbly does not allow any exchange of adult oriented or pornographic materials and services.

Gambling Services. Vorbly prohibits any exchange of gambling related materials and services.

Phishing and Spam. Vorbly takes user’s security and privacy seriously. Any attempts to publish or send malicious content with the intent to compromise another user’s account or computer is strictly prohibited. Please respect our users privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity. Users may not publish any personal and confidential information of themselves or other persons. Any exchange of personal information required for the completion of an order must be provided in the order form, marketing brief or My Dashboard. Vendors may further confirm any information received from the buyer through My Dashboard. Any users who engage and communicate outside of The Website will not be protected by our Terms of Service.

Fraud & Illegal Use. Users may not use Vorbly for any unlawful purposes or to conduct illegal activities.

Spam & Abuse

Multiple Accounts. To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines will be disabled. Multiple account creation may result in the suspension of all related accounts.

Spam and Harassment. We do not tolerate abuse or harassment towards other users on Vorbly. Creating multiple accounts to harass or spam other users is strictly prohibited. Such actions may lead to a warming or suspension of user accounts.

Selling Accounts. Users may not buy or sell Vorbly accounts.




Electronic Communications and Anti-Spam Policy


Users will comply with all laws and regulations applicable to bulk or commercial email, as well as other electronic communications, when using Email Marketing Solutions, including without limitation all local or national laws applicable to the regions where the buyer has business operations or where the recipients of the electronic communications are residing.

Vorbly has a zero-tolerance policy regarding using Email Marketing Solutions to send Unsolicited Commercial Email ("UCE") or Unsolicited Bulk Email (“UBE”) (collectively known as “spam” or “Unsolicited Emails”). Unsolicited Emails are defined as email sent to persons other than the following:

(i) Persons with whom the buyer has an existing business relationship, OR

(ii) Persons who have consented to receiving such emails, including publishing or providing their email address and consenting to receive email of the type transmitted. Advertising emails and other electronic communications may only be sent to recipients who have opted-in to receive such messages from the sender.

Recipients of emails or other electronic communications sent using Email Marketing Solutions are encouraged to report any suspected anti-spam violations through our Customer Support Team. We will review each case and may suspend accounts that violate this policy and will not allow the user to send any additional emails or other electronic communications.

All bulk or commercial email sent using the Email Marketing Solution must include provision for recipients to "opt-out" or revoke consent from receiving future marketing emails from the sender. Buyers will honour all such revocations of consent within the time period stipulated by applicable law.




General Terms


Vorbly reserves the right to suspend any accounts due to the violation of these Terms of Service or due to any illegal or inappropriate use of The Website or Solutions.

Violation of Vorbly's Terms of Service may result in account suspension.

Users with disabled accounts will not be able to sell or buy on Vorbly.

Users who have violated our Terms of Service and had their accounts disabled may contact our Customer Support Team for more information surrounding the violation and status of their account.

All disputes should be submitted to Vorbly's Customer Support Team.

Vorbly may make changes to its Terms of Service from time to time. The updated Terms of Service will be made available on The Website.

Users understand and agree that if they contiune to use The Website after the effective date on the updated Terms of Service, Vorbly will treat it as an acceptance of the updated Terms of Serivce.




User Generated Content


User Generated Content ("UGC") refers to the content added by users as opposed to content created by The Website. All content uploaded to Vorbly by our users (Buyers and Vendors) are User Generated Content. Vorbly does not check user uploaded content for appropriateness, violations of copyright, trademarks, other rights or violations. Vorbly encourages everyone to report violations with proof of ownership and we will investigate all violations. Reported violating content may be removed.

By offering a service, the vendor undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the Solutions offered on Vorbly. Vendors must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in suspension of accounts.




Disclaimer of Warranties


YOUR USE OF THE WEBSITE, ITS FUNCTIONALITIES, ITS CONTENT AND ANY SERVICES PROVIDED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS FUNCTIONALITIES, ITS CONTENT AND ANY SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER VORBLY NOR ANY PERSON ASSOCIATED WITH VORBLY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

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




Translation of Website


THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE OR OTHER SERVICE PROVIDERS. SERVICE PROVIDERS DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The official text of The Website is the English. Any discrepancies as a result of the translation are not binding and have no legal effect for compliance and enforcement purposes. If there are any doubts on the accuracy of the information contained in the translated website, please refer to the English version of The Website.




Limitation on Liability


IN NO EVENT WILL VORBLY, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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.

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





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