Terms of Service
User Agreement
Welcome to Itmarketing!
This Itmarketing service user agreement (hereinafter referred to as the "Agreement" ) is concluded between Wups, Sia , registered under number 40203098394 , located at the address: Brīvības gatve 23-77, Rīga, LV-1039 , director A, which is registered on the basis of the website itmrketing.lv of the board member Aleksandra.E and started using the Itmarketing service.
Please read the text of this Agreement carefully. Acceptance of this Agreement by successfully completing registration on the itmarketing.lv website and starting to use the service means full and unconditional acceptance of the terms of this Agreement and all other documents referred to in this Agreement (hereinafter referred to as the "Related Documents" ).
This Agreement is not a paid service agreement, transfer of rights to use the Itmarketing service, license agreement, or other agreement that includes payment for Wups services or Wups remuneration , but rather a set of general terms and conditions governing the use of the Service by the User.
By agreeing to the terms of this Agreement and creating a personal account in the Itmarketing service, you agree to comply with and comply with all the terms and requirements for using the Itmarketing service, the terms of the Related Documents, agree to the terms and prices of payment for third-party services, as well as the terms of making payments in the Service, and Wups provides you with access to the Service and Documents in accordance with the Terms Sold.
This User Agreement governs your access to the website itmarketing.lv, the products, features, services, technology and software published on it, “we” or “us”. And “you” or “User” refers to you as a user of the Website.
Subject to the terms and conditions set forth herein, Itmarketing may, at its sole discretion, amend this User Agreement and any other agreements incorporated into the User Agreement at any time by posting the amended version on the Site. Any changes to the User Agreement will be effective on the last update date indicated (“Last Update Date”).
To use the Itmarketing service, you must read, agree to and accept all the terms and conditions contained in this User Agreement and related documents. Use of the Itmarketing service confirms your acceptance of the User Agreement and related documents. You agree not to violate the terms and conditions of the related documents by using the Itmarketing service. If you do not agree to this User Agreement or related documents, you may not use the Itmarketing service after the date of the last update of the document. For more information about the Terms of Use of the Site, please refer to the relevant sections of this document.
The User is not granted any intellectual property rights in relation to the Service or its software.
Last updated: February 05, 2025
If you have any questions about the Itmarketing service or the user agreement, you can contact our support team 24/7. You will be answered in the order of your queue. You can contact our support team via the link.
Itmarketing guarantees that it has all necessary rights to provide the User with the opportunity to use the Itmarketing service in accordance with this Agreement.
This Agreement comes into force when the User accepts its terms and is valid until the User stops using the Itmarketing service.
Itmarketing has the right to unilaterally terminate this Agreement at any time at Itmarketing's discretion, including if the User violates any provision of the Agreement or any provision of the Related Documents.
TERMS OF USE
- To use the Itmarketing service, users must be of legal age in the country in which they do business.
- To create or order Itmarketing, you must register using a valid email address.
- Each user can only create one account. Itmarketing reserves the right to delete duplicate accounts.
- The User has the right to delete his Account at any time only after all orders in his Account have been fulfilled and completed. If the User decides to delete his Account, he agrees to the permanent deletion of such Account. Accounts deleted due to an error can be restored within 30 days by contacting the Itmarketing support service. If the User has funds in his Account before deleting the Account, he must withdraw all funds before such deletion. The User will not be able to delete his Account until all funds have been withdrawn.
- Under no circumstances will the user be able to create a new account using the same email address or use payment information that was used on a previously deleted account.
- A user may associate a phone number that was used in a previously deleted account with their account, but not more than once a year and only two months after adding that phone number to the account. A phone number can only be associated with one account at a time.
- Users are not permitted to sell, buy, gift, or transfer Itmarketing accounts to third parties.
- When registering, Users must create a suitable login that will be visible to other Users. Logins may contain Latin letters, numbers, hyphens and underscores. Logins containing phone numbers, names reserved for Itmarketing employees, profanity and offensive language are prohibited. Itmarketing reserves the right to change any login that violates these rules.
- Users are responsible for protecting their registration data against misuse of the Service by third parties and must immediately inform Itmarketing of any misuse of the Service.
- Users are solely responsible for all content posted on Itmarketing, including, but not limited to, itmarketing , images, videos, reviews and comments. By creating an account on Itmarketing, Users acknowledge that they understand and agree to these terms and conditions, and agree to reimburse all costs incurred by Itmarketing in the event of a copyright claim against Itmarketing.
- The User is not an employee, worker or agent of Itmarketing and has no right to represent himself as such.
- The User has no right to transfer its rights and obligations under this Agreement in whole or in part. Itmarketing may at any time transfer its rights and obligations under this Agreement or any of its rights and obligations under this Agreement without the consent of the User.
- Profanity, profanity, vulgarity, unauthorized advertising, as well as posting information and materials that negatively affect the Itmarketing brand image are prohibited. A full list of prohibited content can be found here.
- Itmarketing reserves the right to remove all materials posted on the Itmarketing service, including, but not limited to, milestones, reviews, comments, etc., and to suspend or delete User accounts without explanation. If there is suspicion of unauthorized access to the account, spam or other suspicious activities on your account, Itmarketing may temporarily suspend the account until the account is deemed safe again. In the event of an account lock, the User can place active orders, but cannot start work on new orders. The User can withdraw money from his balance to a credit/debit card or other method available on the Balance page. Blocked users can only contact the support service, and communication and chat with other users will not be available.
- Disputes and other issues, including financial issues, can be resolved by contacting Itmarketing support via email or by sending a request for the website Itmarketing.lv. The Support Service will review the request and take action to resolve the issue. Unique issues without applicable or regulatory rules will be resolved at the discretion of the Itmarketing Support Service.
- You may not disclose information obtained while working with Itmarketing, including, but not limited to, order specifications and terms, as well as personal correspondence with other users and Itmarketing representatives. You may disclose information about your Jobs (Milstones), Itmarketing earnings, and other information associated with your account, as long as this information does not violate the privacy of other users.
- All sellers who earn income by offering services and fulfilling orders through the Itmarketing Services are solely responsible for their compliance with local rules and laws, including, but not limited to, registration as a legal entity, sole proprietorship or self-employed person, licensing regulations and tax laws.
- Users may not use unethical or unfair advertising methods to promote Itmarketing affiliate links, copy the Itmarketing service in whole or in part, or use the Itmarketing brand or design to mislead others. For more information, please see the Affiliate Program Terms.
- At its sole discretion, Itmarketing has the right to unilaterally terminate this User Agreement at any time, including if the User violates any provision of this Agreement or any of the Related Documents. In the event of blocking the User for violating the Agreement, if possible, the remaining funds will be returned to the card from which the replenishment was made, or the funds will be transferred to the details specified by the User. If the transfer is not possible, the funds will remain on the User's balance.
- If Itmarketing suspects that the real purpose of the user when registering with Itmarketing, as well as the creation of an order/project created by the user on the Itmarketing website, is to send spam messages to the user, Itmarketing reserves the right to temporarily block such user's account for the duration of the investigation. In case of confirmation of sending spam messages, including using the Itmarketing Service functionality, Itmarketing has the right to permanently block the user's account and not refund the Itmarketing service fee.
- In this document, "Related Documents" means
- Itmarketing.lv, including its general appearance, look, design, information, content and other materials available therein, are the exclusive property of the owner and are protected by copyright, trademark and other intellectual property laws.
- Itmarketing balance is not intended for indefinite storage of funds. If an Itmarketing account has been inactive for 2 years or more, the “Archive Service” service may be activated for this account. The subscription fee for servicing an inactive account for 2 years in the “Archive Service” service is 4.5 euros per month. For an account that has been inactive for three years or more - 45 euros per month.
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DATA PROCESSING POLICY
- By registering with Itmarketing, you agree to the storage and processing of the entered data and to receive technical (notifications related to the operation of the Service) and marketing information from Itmarketing by mail to the email address specified during registration.
- Itmarketing may collect, store and process data such as cookies, identifiers (login and password) and other anonymous information necessary for the operation of the website, the effective implementation of the affiliate program and for advertising purposes.
- Itmarketing does not collect, store or process users' personal data, except in exceptional cases. Such cases, the purposes of processing and the scope of personal data processed in such cases will be specified in the Privacy Policy.
- Itmarketing may monitor personal correspondence between Users to ensure compliance with the Terms of Service and related documents. This includes Itmarketing's right to view the content of personal correspondence.
- Itmarketing uses recommendation technology.
ITMARKETING TERMS OF SERVICE
GENERAL TERMS AND CONDITIONS
- Itmarketing is an online digital marketplace where businesses and individuals can buy and sell freelance services.
- Buyers are users who purchase freelance services on Itmarketing. They are divided into seven levels: Beginner, Advanced, Experienced, Powerful, Very Powerful, Professional Expert and Ultimate . Buyers can be: individuals, self-employed persons, legal entities and sole traders.
- Sellers are users who sell freelance services on Itmarketing. They are divided into three levels: Beginner, Advanced, Professional . Sellers can be: individuals, self-employed persons and sole proprietors.
- Each User can,t be both a seller and a buyer at the same time.
- Itmarketing (with a lowercase "i", not to be confused with Itmarketing with a capital "I") is a freelance service offered in the catalog. The fixed minimum price for the job is 7 eur
- An account (personal account) is a personal section of itmarketing that is unique to each user. Users can access their accounts by entering their authentication information on the Itmarketing login page.
- A portfolio is a collection of examples of the Seller's work.
- The catalog refers to all works (milestones) offered by sellers on the Itmarketing website. Buyers use the catalog to purchase works (milestones) from sellers.
- Service cards are sets of services that vendors can offer in a single job (multiple jobs), while offering services to different audiences and price points.
- Additional capabilities are additional services that vendors can offer in addition to the main service provided by itmarketing.
- Project - A task posted on the Buyer's Exchange.
- Connect - used to send proposals to Buyer projects on the exchange. The number of connections depends on the Seller level.
- the Order page, Buyers and Sellers communicate with each other about purchased work (milestones).
- Task orders are orders that are divided into parts, where each specific task is processed and submitted for review separately.
- Custom offers are individual itmarketing that Sellers can create to meet the specific needs of a buyer.
- Custom requests are requests that buyers can send to sellers to receive a customized quote.
- Itmarketing Choice is a coveted badge awarded to Itmarketing, a company that has been praised by customers for its quality work and fast execution.
- Your balance includes your top-ups and refunds after order cancellations (as a buyer), as well as your earnings as a seller. You can view your balance in the Balance section of your account.
- Partners are payment systems or other services that handle all payment processing: accept, transfer, return or hold payments, as well as retain payment commissions in accordance with their own terms. The list of partners through which payment/balance replenishment is made is available on the payment / balance replenishment page or on the pages/forms where these services provide their services.
- Revenue is the money that Sellers receive from fulfilled orders (the buyer's payment for the order or a tip/bonus that the buyer may leave to the seller at their discretion). Sellers may withdraw their revenue or use it to make purchases on the Itmarketing website in accordance with this User Agreement.
MILISTONE
- MILSTONES is a virtual service/set of services that can be performed remotely. All Milsotnes are divided into categories and subcategories to make searching easier.
- Creating a service card is free. A new seller can create up to ten service cards. After successfully completing one order, the Seller can create an unlimited number of service cards.
- Content posted to the Site, including Service Cards, is reviewed by Moderators for specific triggers or complaints. Itmarketing reserves the right to suspend or remove Milstones, projects, and other User Content that violate this Agreement and/or related documents. Users can learn more about itmarketing's moderation process here .
- By selling a Service Card, Sellers undertake to provide all the services described by itmarketing for all orders of this MILSTONE. Sellers do not have the right to refuse to sell an active Service Card to a Buyer who has paid for the order and provided all the necessary information for its execution. Sellers provide services to Buyers independently and assume full responsibility for the execution or non-execution of all orders. It is prohibited to divide one order into several smaller orders (i.e. create duplicate orders) in order to artificially increase the total number of Seller's orders. In such cases, Itmarketing reserves the right to apply sanctions to itmarketing and/or the User.
- Sellers are prohibited from misleading Buyers about the services they provide. Violations will result in sanctions and/or permanent blocking of the violator's Itmarketing and/or Seller account.
- If Itmarketing receives information about a violation, Itmarketing has the right to remove such content.
- If deemed necessary, Itmarketing reserves the right to unilaterally hide work from the User's portfolio.
- Sellers must correct all errors or discrepancies in the Service Card as soon as they are discovered. A common error is a discrepancy between the volume, terms, price and other fields of the Service Offer. For example, let's say the Seller writes in the "Description" service card that the volume of the service card is 1000 words, but in the "Volume of services for 1 itmarketing" field he writes 2000 words. In this case, the actual volume will be considered 2000 words. The information specified in a special field has priority over other fields. All disputes arising in connection with such discrepancies are resolved in favor of the Buyer. Read more about the requirements for service cards here.
ORDER CREATION
- Buyers pay for their order in advance. Partners securely store payments until the order is completed.
- Before starting work, the User (Seller) must make sure that the subject of the order does not violate the law and is not included in the list of unsupported services of Itmarketing. If the order violates this Agreement, the Seller is obliged to cancel it and contact the Support Service.
- If the Buyer's task differs in description and scope from the service described by the Seller and the Seller has accepted the order, the Buyer's task takes priority . Tasks can be given in person before placing the order, as well as when ordering Milsones.
ORDER FULFILLMENT
- The order is marked as fulfilled upon Buyer's approval or upon completion of arbitration. The order may be automatically marked as fulfilled if the Buyer has not verified it within the specified time frame.
- After submitting the MILSTONES for verification, the Buyer has three calendar days to verify and confirm that the order has been fulfilled, or five calendar days if the order value exceeds 5,000 EUR. If at least one calendar day falls on a holiday, the verification period is extended by one day. If the Buyer does not confirm the order or send it for review within the period allotted for the verification of the order, the order will be automatically confirmed and considered fulfilled.
- Orders with tasks are marked as completed when the Buyer confirms the last task. If the task is not accepted or no corrections are requested, the task will be automatically confirmed and marked as completed after three calendar days (or four days if at least one calendar day falls on a weekend). If the task price exceeds 5000 EUR, the confirmation period is five calendar days (or six if at least one day falls on a weekend).
- In this case, the entire order will be suspended and will only be resumed after payment for the next task. If the Buyer has not paid for the next task within five days, the Seller will not be able to start work on it. However, completed tasks cannot be canceled.
- According to the Itmarketing service terms described in this Agreement, the seller's work result must be of high quality. If the result contains an excessive number of objectively verifiable errors, the order is considered unfulfilled.
- According to the Itmarketing terms described in this Agreement, if the buyer cannot verify the seller's work (for example, if the seller does not provide evidence of the work performed or the final product), the order is considered unfulfilled.
- Services for attracting subscribers/friends/viewers on social networks allow a small percentage of churn within a month of ordering. If the seller has not clearly stated the subscription rate, it is considered to be no more than 5%.
TESTING AND ADDITIONAL OPTIONS
- Orders that meet the criteria set out in the itmarketing description and the Buyer's requirements are considered successfully completed. If the order is incomplete, clearly does not meet the standards specified on the itmarketing page, or does not meet the Buyer's requirements, the Buyer may return the order to the Seller for review. In this case, the Sellers must make as many corrections as necessary until the work meets the requirements of the order at no additional charge.
- Additional options (including modifications beyond those required for an order to be considered successfully completed) are offered at Seller's discretion. Sellers may determine the extent of options they wish to offer and the price. Sellers may also choose not to offer additional services or modifications or to offer them free of charge.
ORDER CANCELLATION
- Both Sellers and Buyers have the right to cancel any order, specifying the reason for the cancellation. When the refusal is confirmed by the other party, the payment is returned to the Buyer. If the Buyer decides to cancel the order due to the Seller's delay in the order, the funds are immediately refunded to the Buyer without confirmation from the Seller.
- Orders cannot be canceled based on the Buyer's subjective assessment of the Seller's work if the service was provided in accordance with the information provided on the itmarketing page.
- Itmarketing reserves the right to cancel any order that violates this user agreement at any time.
- Itmarketing reserves the right to cancel all completed orders or tasks within orders if they violate this User Agreement, as well as orders for which the deadline for acceptance of work or execution has expired. The most common reasons for cancellation:
- The seller did not accept the order for processing within 24 hours or was late in delivering the order and did not respond for more than two weeks.
- Users exhibit aggressive behavior, use order materials (e.g., personal information) against each other, or Buyers threaten Sellers with bad feedback.
- The order was placed for services included in the Itmarketing list of prohibited services or the order was found to be fraudulent, etc.
- Users have published materials in a sequence that infringes the intellectual property rights of third parties.
- Users delay submitting work for review, providing files or information needed to complete an order in order to receive positive feedback, additional opportunities, or additional payment.
- The seller submits the order for verification without a complete result in order to extend the order deadline.
- The seller used materials that infringed on someone else's intellectual property.
- The seller's work product contains errors, is damaged, or does not work.
- The buyer did not acquire the right to commercial use of the work result and, as it turned out, used the work result for commercial purposes.
- In such cases, when the order is canceled, the amount paid for the order or task will be returned to the Buyer's balance and deducted from the Seller's balance. And if there are insufficient funds on the Seller's balance, from the Seller's future earnings. Funds for such an order will be written off from the Seller's balance regardless of when the order was completed.
- Sellers must submit an order for review that includes a result that meets all of the Buyer's requirements and is consistent with itmarketing's description. Failure to comply with this requirement will allow the Buyer to cancel the order, which will negatively impact the Seller's rating.
- If the order fulfillment deadline has passed, the order is marked as overdue. Partial cancellation of the order by the buyer or seller is not possible. The order can only be canceled in full.
- Partial cancellation of the order is possible only by applying to arbitration. If the order was placed without payment in favor of the Seller, for example, if the order is canceled due to the fault of one of the parties, by an arbitration decision or as a result of other situations, then the Buyer does not have the right to use any materials provided by the Seller (the result of the work or part thereof). In case of violation, sanctions may be applied, including blocking the Buyer's account.
INTELLECTUAL PROPERTY
- All intellectual property rights related to the results of the work performed in the order are transferred to the Buyer upon successful completion and payment of the order, unless an alternative agreement is reached between the Buyer and the Seller. If the intellectual property contains elements subject to licensing, the Seller is obliged to transfer the license or, if applicable, provide the Buyer with reasonable notice of the need to additionally obtain the relevant license.
- For any transfer or assignment of intellectual property, the Buyer must pay full payment to MILSTONES, and the work result cannot be used if payment is canceled for any reason. Violation of this rule may result in the Buyer's account being blocked.
- Unless otherwise stated, Sellers are not entitled to receive and may not claim from Buyer any royalties received from the sale of their work.
- Some MILSTONE requires the purchase of a license for commercial use. In such cases, if the User (Buyer) purchases MILSTONE for personal use, the Buyer will own all rights necessary for such use and will not need a commercial use license. However, if the Buyer intends to use it for any purpose that is directly or indirectly related to any business or otherwise intended for profit, the Buyer will need to purchase a commercial use license in the appropriate manner provided by itmarketing.
EXCHANGE OF CONTACT INFORMATION
- Requesting or providing contact information, including but not limited to name, surname, email address, phone number and social media accounts, or consenting to contact outside of Itmarketing is prohibited. Violations may result in a downgrade of the Seller's rating or reset of connections for up to 1 year.
- Exceptions are for orders that explicitly require the exchange of contact information. Examples include (but are not limited to) providing an email address for setting up advertising campaigns, a link to a social media account that the seller will promote, and a messaging ID for consulting services. Sellers must clearly indicate the need for certain contact information in their itmarketing description or when sending a customized offer.
- Sellers agree that any personal information provided by Buyers is confidential and may not be shared or used for any purpose other than to fulfill the order itself.
- All interactions between buyers and sellers, including, but not limited to, placing orders, paying, agreeing to terms, and confirming delivery, must take place within the Itmarketing service.
- Discussion of Itmarketing commission fees in correspondence between the Seller and the Buyer is in most cases done with the aim of making a transaction outside of Itmarketing, and therefore is unacceptable and may result in a decrease in Itmarketing's rating and resetting of connections for a period of up to 1 year.
REVIEWS AND SELLER RATING
- After completing the order, Buyers may leave a review about their experience with the Seller and their impression of the Seller's services. Itmarketing will not remove reviews unless they clearly violate this user agreement.
- Buyers can leave feedback within 30 days of completing an order. For some categories, buyers will have 60 days to leave feedback.
- The buyer can edit or delete a review within 30 days of completing the order. For some categories, reviews can be edited or deleted within 60 days. In this case, a negative review can be deleted, edited within 2 days of being added, or a positive review can be changed to negative.
- Positive and negative reviews affect a seller's rating. Sellers may not artificially inflate their ratings, including by creating fake orders to provide positive reviews. Sellers who engage in such activities may be subject to enforcement action, including account suspension.
- Refusal to fulfill an order without a valid reason negatively affects the Seller's rating. The Seller's MILSTONES may be suspended due to multiple consecutive refusals or ignoring orders (the system automatically cancels orders that have not received a response from the Sellers within 24 hours).
- Sellers may ask Buyers for reviews, but may not directly ask for positive reviews.
- By posting reviews on Itmarketing.lv, users grant Itmarketing exclusive, royalty-free, fully paid-up, perpetual, irrevocable, worldwide intellectual property rights without any restrictions in such reviews. However, Itmarketing assumes no responsibility for the content of reviews it may receive from users.
USER-GENERATED CONTENT
- Itmarketing is not responsible for User Content. However, if you discover content posted by Itmarketing that may violate this User Agreement, you must notify Itmarketing using the feedback form located here . All requests are handled by Support.
- All content uploaded by users to Itmarketing is considered user-generated content. Itmarketing uses reasonable efforts to monitor content uploaded to the Itmarketing service, but cannot be held liable for user-generated content. Users are solely responsible for their own content and the consequences of its use, disclosure, storage and transmission.
- Users are solely responsible for checking all files transmitted to itmarketing.lv for viruses and malware.
- Files provided in correspondence and on the order form are stored by Itmarketing for one year, after which they are deleted. Paid order files that the Seller added when submitting the order for verification will be stored indefinitely.
- By uploading or creating content on the itmarketing.com website, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions and authorizations necessary to use and/or upload such content, and that such content or its use on the Itmarketing.com website may not:
- violate any applicable local, state, federal or international laws, regulations or conventions;
- infringes the intellectual property and other rights of third parties.
Learn more about Itmarketing's copyright protection here.
- Users (both buyers and sellers) agree that Itmarketing may, at its discretion, use the content they create/upload to itmarketing.lv, including milstone and project signature content, images, videos and any other information, including a representation of the work result, for the purposes of promoting the Service, unless they expressly state otherwise.
- If a violation is reported, Itmarketing has the right to remove such content.
- Users agree to reimburse Itmarketing for all costs incurred in the event that a claim for copyright infringement is filed against Itmarketing.
PAYMENTS AND FINANCE
By agreeing to the terms of this Agreement, the User agrees that Itmarketing does not provide the User with any paid services and does not accept payments or make payments on behalf of the Users.
MONEY BACK GUARANTEE
While the Seller is working on the Buyer's order, the Buyer's payment is securely held with the Partners. All payments, disbursements and refunds using Itmarketing are made by the User using the Partner's services in accordance with the terms, conditions and fees set by the Partners. You can familiarize yourself with the terms of service offered by the Partners in their offers, which are posted on the relevant pages of the Site (Balance, Replenishment Form, etc.)
Under Itmarketing's money-back guarantee and buyer protection program, buyers are eligible for a refund when using partner services:
- immediately, if the Buyer cancels the order within 20 minutes of placing it;
- immediately, if the Seller does not start work on the order within 24 hours from the moment the order is placed;
- immediately if the Seller does not fulfill the order on time and the Buyer decides to cancel it;
- immediately if the Buyer and the Seller mutually agree to cancel the order;
- as soon as the Itmarketing Support specialist checks the order, if the order is poorly executed or not executed at all.
PARTNERS
- Wups does not accept any payments and does not provide paid services to Users. Wups cooperates with partners to accept payments from Buyers, transfer such payments from Buyers to Sellers and store funds in user balances. All services related to the withdrawal of funds on the itmarketing.lv website are also performed by partners.
- For the purposes specified herein, Users undertake to accept the Partner's offer, user agreement or other Partner documents. Links to offers and other Partner documents placed on the relevant pages of the Site (Balance, Replenishment Form, etc.)
- Sellers authorize Partners to receive and transfer payments from the Buyer's account to the Seller's account in the Partner Service. Your Partner Service account can only be linked to one Itmarketing account. It is prohibited to link the same credit/debit card, e-wallet or withdrawal account to multiple Itmarketing accounts.
- All funds available for withdrawal will be held in your name in the Partner Account.
- Itmarketing reserves the right to freeze the transfer of funds through any of its partners if suspicious or fraudulent activities are detected on the Itmarketing service or in the event of order cancellations.
- You are prohibited from filing a dispute regarding an order or payment cancellation or reversal of transactions through a payment service provider, bank or partner. This may result in a temporary or permanent blocking of your account, credit card and balance.
PAYMENT FOR ORDERS
- By making or receiving payments using the Itmarketing service, you agree to and accept this user agreement.
- Sellers and Buyers undertake to use the Partners' payment systems for all transactions. Itmarketing hosts a payment page where the User can make payments using the Partners.
- It is prohibited to make payments outside of the Itmarketing Service. If the User is asked to use an alternative payment method, he must immediately contact the Itmarketing support service.
- Orders can be paid for with debit and credit cards. Additional payment methods may be available in some locations. Buyers can also use funds they may have in their balance.
- By ordering a job (MILSTONE) or a customized quote, Buyers agree to pay Sellers for their services, as well as all related commissions and fees. Buyers see the total amount payable when making a purchase.
- Sellers agree that payment through the Partner is equivalent to a payment by the Buyer directly to the Seller.
- The Buyer's payment obligations to the Seller will be fulfilled after the Partner has received the payment. The Partner is responsible for transferring funds to the Sellers. In such a case, if the Partner does not transfer any amounts to the Seller, the Seller must contact Itmarketing and should not contact the Buyer or the Partners directly.
- The Seller agrees that Itmarketing may include payment information in receipts, notices, and other documents provided to Buyers if Itmarketing deems it necessary and reasonable.
- Additional fees may apply for transferring funds in accordance with the Partner's terms and conditions.
SAFETY
- In the event of order cancellation, the funds paid are returned to the Buyer's balance.
- Refunds for canceled orders are returned to the Buyer's balance and are available for future purchases and withdrawals on the Itmarketing service.
- For security reasons, Users can withdraw funds to a card other than the one they used to top up their balance only two months after these funds were deposited on the Website.
- Refund-related issues are at the discretion of Itmarketing or the Partner.
- To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, all payment information is collected by either Itmarketing or Partners.
- All orders are processed using a secure transaction provided by Partner Services. The paid funds are credited to the order account and transferred to the Seller only after the work is completed. It is also possible to top up the balance before placing an order in order to use these funds for future orders. Placing other types of orders on the Itmarketing website is not possible. It is prohibited to perform unpaid (test) tasks and to make transactions outside the order amount. Violations may result in the temporary or permanent suspension of your account.
- Itmarketing does not have access to payment information that users provide to partners.
- By making payments and/or providing payment information to the Itmarketing service, you represent and warrant that:
- you have the legal right to make payments to the Itmarketing service using your chosen payment method;
- your actions do not violate applicable law.
WITHDRAWAL OF FUNDS
- Funds refer to money in the User's balance. The Seller receives funds for fulfilling orders. The Buyer may have funds from replenishing the balance for future orders or in the event of a refund after canceling an order. Funds can be withdrawn or used for purchases on the Itmarketing service in accordance with this User Agreement.
- Users can create a withdrawal request on the Balance page . Withdrawals are possible to cards and electronic wallets available on the Balance page. All determinations are final and cannot be revoked.
- Withdrawal fees are determined by Partners. They are displayed on the Balance page before a withdrawal request is created. By submitting a withdrawal request, you agree to the associated fees and acknowledge that Itmarketing has no influence or control over the associated costs.
- In order to make payments to the User, as well as to return the User's deposited funds, Itmarketing, with the help of the Partner, has the right to verify the cardholder in order to avoid fraudulent activities, as well as at the Partner's request for making payments. In the Verification Request Form, you can familiarize yourself with the Verification Partner's terms and conditions, as well as accept the terms of the offer, contract or other document and provide your consent to the Verification Service for the processing of personal data. Itmarketing does not collect, process or store data of Russian residents.
- Withdrawal Schedule: Withdrawal requests are processed twice a week on Mondays and Thursdays within 24 hours. In most cases, requests submitted on Mondays or Thursdays will be processed on the next withdrawal date.
- Itmarketing reserves the right to temporarily suspend the User's ability to withdraw funds to prevent fraudulent or illegal activity or for other security reasons.
TAXES
- Users are responsible for paying any direct or indirect taxes, including goods and services tax, VAT or income tax, which may apply to them depending on their place of residence, location or otherwise in accordance with the rules of their jurisdiction.
- Sellers represent and warrant that they will at all times comply with the income tax regulations of their jurisdiction. The prices listed on Itmarketing include all taxes and fees that may apply to Sellers.
- Applicable laws may require Itmarketing or Partners to collect or withhold indirect taxes (such as sales tax, VAT, or goods and services tax) from Users.
- Any amount that Itmarketing or partners are required to collect will be added to the purchase amount and any other fees payable by Buyers, and any amount that Itmarketing or partners are required to withhold will be deducted from the Seller's income in accordance with applicable law.
- Indirect taxes are added to the price shown by Itmarketing. Any such taxes will always be displayed to Buyers before payment for the order.
DISPUTE RESOLUTION (ARBITRATION)
- Any disputes and disagreements between the Seller and the Buyer are resolved through individual negotiations or by involving a Support Service specialist. If negotiations are unsuccessful, the Buyer or the Seller has the right to resort to arbitration.
- To apply for arbitration, the User must click on the “Arbitration” link in the Help section of the order page, select the appropriate category and fill out the arbitration form. The link to the arbitration appears after the order is sent for review. The claim must include the claimant’s username, the username of the other party to the dispute, the order number and identification of the disputed order, as well as evidence supporting your position in the dispute.
- The application will be forwarded to a competent Itmarketing support specialist (arbitrator) for evaluation and resolution of the dispute. The decision will be made within 3 business days; However, in particularly difficult circumstances, this period may be extended.
- The arbitrators review the information and correspondence provided in the order and request (if necessary) the opinions of both parties. They seek objective information about similar services for comparison in open sources.
- The arbitrators evaluate the compliance of the work performed with the terms of the order (description of services and agreed requirements in the correspondence), the result of the work from an objective point of view, as well as compliance with the work regulations at the site.
- Judges do not evaluate the creative components of orders, including but not limited to colors, fonts, and execution style (except for results that clearly do not meet the standards seen in the Seller's portfolio).
- When working with an order, Sellers must never take any actions that could harm Buyers. For example, Sellers must not make any modifications or upload files that, when accessing the site, could harm the site or site users. If it turns out that the Buyer has suffered from the Seller, the arbitrator will cancel the order, and the Seller may be subject to sanctions, including account blocking. If the arbitrator finds that the order seriously violates the Itmarketing Terms of Service (e.g., the type of service is prohibited by Itmarketing, the order may be fraudulent, etc.), the arbitrator has the right to cancel the order and apply sanctions to both parties. If the order is fraudulent or clearly violates the law, the Buyer's payment must be returned to the card or e-wallet from which the payment was made. If a return is not possible, the funds are returned to the Buyer's balance.
- If the Seller and the Buyer have reached a mutual agreement on partial payment of the order, the decision is made by an Itmarketing arbitrator based on the wishes of both parties and the User Agreement.
- The buyer has the right in all cases to leave the consideration of an order settled by arbitration, even if the arbitration has been decided in favor of the seller. The customer may not leave the consideration of an order that has gone to arbitration only if the customer's claims exceed the amount of the order.
PROPERTY RIGHTS
- Users have no right and undertake not to perform the following actions in relation to the Itmarketing service, its parts, components or extensions:
- copy, transmit, adapt, modify, distribute, broadcast, display, create derivative works from, publish or reproduce them in any way;
- reverse assemble, decompile, reverse engineer, or otherwise attempt to derive the source code or its underlying ideas, algorithms, structure, or organization;
- remove all copyright notices, identification or other proprietary notices;
- bypass, remove, modify, disable, impair or interfere with any technological measures or means to protect the content of the Itmarketing service;
- attempt to gain unauthorized access to, interfere with, damage or disrupt the operation of Itmarketing or the itmarketing service;
- use automation software (modifications), hacking, modifications (modifications) or any other unauthorized third-party software designed to modify the Itmarketing service;
- introduce any viruses, Trojan horses, worms, logic bombs or other malicious or technologically dangerous material into Itmarketing Service;
- use any robot, spider, crawler or other automatic device, process, software or request that intercepts, obtains, scrapes or otherwise accesses the Itmarketing Service to monitor, extract, copy or collect information or data from or through the Itmarketing Service, or engage in any manual process to do the same;
- use the Itmarketing Service in any manner that could damage, disable, overburden, or impair its operation or interfere with any other user's use of the Website or Mobile Application or access or use the Itmarketing Service in any manner not expressly permitted by these Terms of Service.
Users also warrant that they will not allow or authorize anyone to do any of the above.
WARRANTY DISCLAIMER
- You use the Itmarketing service at your own risk. The Itmarketing service and all services obtained through it are provided "as is" and "as available", without any warranties of any kind, either express or implied. Neither Itmarketing nor any other person associated with Itmarketing makes any warranties or representations about the completeness, security, reliability, quality, accuracy or availability of the Itmarketing service.
- Neither the Sellers nor Itmarketing make any express or implied warranties, including those regarding itmarketing (MILESTONES) or the fitness of the resulting work for a particular purpose. Neither the Sellers nor Itmarketing are liable for any claims or incidental, consequential or other damages arising from the use of the work result.
- The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
LIMITATIONS OF LIABILITY
- In no event shall Itmarketing, its affiliates* or their licensors, service providers, employees, agents, officers or directors be liable for any damages of any kind arising out of or in connection with your use of or inability to use itmarketing.lv, Itmarketing. Services or any related websites, any content on itmarketing.lv or other websites, or any services or items obtained through the use of Itmarketing or its services or such other websites, including any direct or indirect damages, including, but not limited to, moral damages, loss of income, loss of profits, loss of business, loss of reputation, loss of data, including those arising from tort (including negligence or other breach of contract).
- Itmarketing, its affiliates or their licensors, service providers, employees, agents, officers or directors shall not be liable in any way for the actions or inactions of the User.
- The foregoing shall not affect any liability which cannot be excluded or limited under applicable law.
In no event shall Itmarketing be liable for any failure or delay in performing any of its obligations under this Agreement within a reasonable period of time caused by acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accident, strike or shortage of vehicles, fuel, energy, labor or materials or any other circumstances beyond Itmarketing's reasonable control. Furthermore, Itmarketing is not liable for third-party DDoS attacks and/or other attacks on the Itmarketing service, for the consequences of such attacks, for technical problems affecting the Itmarketing service in connection with the Itmarketing service hosting provider, as well as for the unavailability of Itmarketing for any other reason not directly attributable to Itmarketing.
*As used herein, the term “Affiliate” means an entity that directly or indirectly controls, is controlled by, or is under common control with Itmarketing, where control means ownership of more than fifty percent (50%) of the voting shares or other ownership interests or a majority of the voting rights in such entity.