Perniagaan Terms of Service

Last Update: March 2020

Welcome to Perniagaan.net.

The following terms of service (these “Terms of Service”), govern your access to and use of the Perniagaan website, including any content, functionality and services offered on or through www.Perniagaan.net (the “Site”) by Cygularity Sdn Bhd. referred hereto as “Perniagaan” “we” or “us”.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or 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, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Perniagaan services. By using this Site, 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 Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request to customerservice@perniagaan.net

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Perniagaan makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers are users who purchase services on Perniagaan.

Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.

Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.

Disputes are disagreements experienced during an order between a Buyer and Seller on Perniagaan.

Perniagaan Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer.

Perniagaan Credits are credits that Perniagaan may provide users to be used only for purchases on Perniagaan, subject to these Terms of Service or any other applicable laws and/or terms.

MJob® Extras are additional services offered on top of the Seller’s MJob for an additional price defined by the Seller.

MJob® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.​

MJob® Page is where the Seller can describe their MJob and the MJob’s terms, and the Buyer can purchase the MJob and create an order.

MJob® / MJobs® are services offered on Perniagaan.

Logo Design is an original design for a logo uploaded by a Seller through the Perniagaan Logo Maker.

Logo Maker is the automated logo design tool offered by Perniagaan to users as further explained in these Terms of Service.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered MJob.

Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s MJob Page.

Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Perniagaan platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Sellers, currency exchange services in connection with payments in local currencies, and the holding of funds in connection with Perniagaan Balances.

Revenue is the money that Sellers earn from completed orders and can either withdraw or use to purchase on Perniagaan, subject to these Terms.

Sellers are users who offer and perform services through MJobs or through the Logo Maker on Perniagaan.

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on Perniagaan. Registration is free.
• MJobs on Perniagaan may be offered at a base starting price of RM 20. Some MJobs are offered at a base price of more than RM 20 as determined by the Seller.
• Buyers pay Perniagaan in advance to create an order (see Purchasing Section below regarding payment terms).
• Orders are purchased through the Order button found on a Seller’s MJob page or through a Custom Offer.
• For fees and payments please read the purchasing section here.
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
• Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through MJob Extras, or selling their MJob in multiples.
• Users may not offer or accept payments using any method other than placing an order through Perniagaan.net.
• When purchasing a MJob, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their MJob page. Note: some MJobs charge additional payments (through MJob Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
• Perniagaan retains the right to use all published delivered works for Perniagaan marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Polic. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
• Users undertake to comply with Perniagaan’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Perniagaan community and marketplace in addition to these Terms of Service, as updated from time to time.
• Perniagaan offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.

Sellers

Basics

• Sellers create MJobs on Perniagaan to allow Buyers to purchase their services.
• Sellers may also offer Custom Offers to Buyers in addition to their MJobs.
• Each MJob you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
• Perniagaan accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
• If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s Perniagaan Balance.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
• Sellers may not promote their MJobs or any Perniagaan content via the Google Ads platform.
• Sellers may withdraw their revenues using one of Perniagaan’s withdrawal options (see Withdrawal Section below regarding payment terms).
• The Seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
• For security concerns, Perniagaan may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Perniagaan accounts to a single withdrawal provider.
• Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the MJob page or on the Logo Maker order page is inclusive of all such taxes and charges that may apply to the Sellers.
• Appointment as Limited Payment Collection Agent: Seller hereby appoints Perniagaan as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to Perniagaan shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Perniagaan (or its Payment Services Provider, as applicable), and Perniagaan (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Perniagaan (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Perniagaan and not the Buyer directly. Seller agrees that Perniagaan may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Perniagaan may deem necessary or prudent.
• Perniagaan partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Perniagaan Balances. All payments services in connection with the withdrawal of funds on the Perniagaan platform are performed by Perniagaan’s Payment Services Providers.
• Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

MJobs®

• Sellers are allowed to post a select amount of active MJobs based on their Level status.
  • 7 MJobs for Sellers without a Level status.
  • 10 MJobs for Level 1 Sellers.
  • 20 MJobs for Level 2 Sellers.
  • 30 MJobs for Top Rated Sellers.
• MJobs created on Perniagaan are User Generated Content.
• MJobs and/or users may be removed by Perniagaan from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy.
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of MJobs
  • Spam, nonsense, or violent or deceptive MJobs
  • MJobs misleading to Buyers or others
  • Reselling of regulated goods
  • Offering to prepare academic works on behalf of Buyers
  • Services that extend beyond 30 days of service duration
  • Exceedingly low quality MJobs
  • Promoting Perniagaan and/or Perniagaan MJobs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
• MJobs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
• MJobs that are removed for violations are not eligible to be restored or edited.
• MJobs may be removed from our Search feature due to poor performance and/or user misconduct.
• MJobs may include pre-approved website URLs contained within the MJob description and requirements box. MJobs containing websites promoting content, which violates Perniagaan’s Terms of Service and/or our Community Standards, will be removed.
• MJobs are required to have an appropriate MJob image related to the service offered. An option to upload two additional MJob images are available to all Sellers. Sellers must deliver the same quality of service as shown on their MJob images. Recurring deliveries that don’t match the quality shown on the MJob images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
• MJobs may contain an approved MJob Video uploaded through the MJob management tools available on Perniagaan.
• Statements on the MJob Page that undermine or circumvent these Terms of Service is prohibited.
• Eligible MJobs in select Categories may set up MJob Packages to offer their services in structured formats with multiple price points for the selected MJob.
• Certain categories are available only to Pro Sellers to create MJobs. If you are not a Pro Seller, creating a MJob for services available to Pro only may result in removal of your MJob.

MJob® Extras

• MJob Extras are additional services offered on top of the Seller’s MJob for an additional price defined by the Seller.
• MJob Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the MJobs section above for a list of services that violate our Terms of Service. MJobs are subject to be removed due to violations found in MJob Extras.
• The amount of MJob Extras, which can be offered, and the price for each MJob Extra, is based on your Seller Level.
• Services offered through MJob Extras must be related to the base service and part of the deliverables on the Order.
• MJob Extras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an Order for each MJob Extra that is added to the Order. This is to cover the time needed to complete the extra service.

Levels

Perniagaan is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Perniagaan may reward them with new statuses, special opportunities, benefits, and tools that come with it.

• Perniagaan Sellers can gain account Levels based on their activity, performance and reputation.
• Advancement in Levels are updated periodically by an automated system.
• The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
• Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
• Advanced levels provide their owners with additional benefits, including offering MJobs for higher prices through MJob Extras, or selling their MJob in multiples.

Top Rated Sellers

• Top Rated Sellers are chosen manually by Perniagaan editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
• Top Rated eligibility is constantly evaluated by Perniagaan to ensure that the quality standards and expectations of the Top Rated selection is kept. Perniagaan retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.

Pro Sellers

• Pro Sellers are pre-verified professionals who undergo a vetting process by Perniagaan editors. Applying for Perniagaan Pro is open to everyone: professional freelancers who are new to Perniagaan, as well as existing Perniagaan Sellers.
• Pro Sellers eligibility is constantly evaluated by Perniagaan to ensure that the quality standards and expectations of the Pro Seller selection is kept. Perniagaan retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.

Seller Features

Perniagaan Sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

• Sellers can also send Custom Offers addressing specific requirements of a Buyer.
• Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
• Custom Offers are sent from the conversation page.
• Services provided through Custom Offers may not violate Perniagaan’s Terms of Service and/or our Community Standards.
• Project Milestones:
  • Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
  • A milestone is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will be cancelled.
  • Once a milestone is delivered, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. Please note that if you choose to stop the Order, the current delivered milestone will not be cancelled.

Perniagaan Studios

• A Perniagaan Studio allows certain Sellers to collaborate with each other and offer Buyers a multi-service MJob (a “Studio MJob”).
• Studio Lead: Certain selected Sellers may lead and operate Perniagaan Studios as Studio Leads. Studio Leads are chosen manually by Perniagaan editors through an ongoing review process based on seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more. The Studio Lead is responsible for inviting all Studio Members and managing all incoming Orders, from communicating with the Buyer, through handling any required revisions and until the final delivery. The Studio Lead can also remove Studio Members from Studio MJobs at any time. With respect to open Orders, however, Studio Members can be removed by Customer Support only.
• Studio Members: A Studio Lead can invite other Sellers who were also chosen by Perniagaan to be eligible for Studios collaboration (each, a “Studio Member”) to join their Studio MJob and be assigned to a specific service. Studio Members can ask to be removed from a Studio MJob at any time.
• Studio MJobs: A Studio MJob provides a bundle of services (from two services and up to five) within one MJob. A Studio MJob’s minimum price is US$100. As Studio MJob is comprised of several services, every service includes its own pricing, pricing factors, and a Studio Member / Lead that is accountable for such service, all of which is defined by the Studio Lead when creating the Studio MJob. Perniagaan Studios may also offer Custom Offers.
• Limitations: Each Perniagaan Studio has one Studio Lead. Similarly, a Studio Lead may not operate more than one Perniagaan Studio. A Perniagaan Studio can offer up to five Studio MJobs, each comprised of up to four Studio Members in addition to the Studio Lead. Studio Members may not be assigned to more than three Studio MJobs.
• Studio MJob Reviews: Studio MJob Buyers are able to leave a public review on the Studio MJob as if it were a regular MJob. The public buying rating & review is linked to and visible on the Studio MJob page, the Perniagaan Studio itself (studio page), as well as all Studio Members and Studio Lead of that Perniagaan Studio.
• Revenues: Perniagaan accredits the Studio Members and Studio Lead only when the entire Order is completed. Studio Members should note that an Order may be cancelled due to reasons that are beyond their control (a malperformance of another Studio Member for example). If an Order is cancelled for any reason, the funds paid will be returned to the Buyer’s Perniagaan Balance. As with any other Order, Revenues are only made available for withdrawal by the Studio Members following a safety clearance period of either 14 or 7 days after the Order is marked as Complete, depending on the Studio Lead’s Level Status or classification (Level 1, Top Rated, Pro, etc.).

Perniagaan Anywhere

• Perniagaan Anywhere is a feature that allows Sellers to send Custom Offers outside of Perniagaan.
• Services offered through Perniagaan Anywhere must comply with our Terms of Service and our Community Standards.
• Users accessing and purchasing from a Perniagaan Anywhere offer that are not already members of Perniagaan, will be required to register with Perniagaan to create an Order.
• Sellers are required to deliver proof of completion of services in the Order Page. Please see our Orders section for further details.
• Communication for handling Orders should be performed on Perniagaan, through the Order Page. Users who engage and communicate off of Perniagaan will not be protected by our Terms of Service.

Stock Images

• Eligible MJobs have the option to use Stock Images.
• “Stock Images” is a MJob Extra that allows Sellers to choose from an exclusive catalog of images as part of the final delivery of work.
• Sellers earn 25% of revenue from the Stock Images Extra, for completed orders only.
• Important: Each selected Stock Image is authorized for a one time use. The selected image is integrated with the delivered work only and not as a stand-alone or for recurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party.
• Important: If you cancel an Order that includes a Stock Image, the usage of that Stock Image will be cancelled as well and you will no longer be able to use the Stock Image Extra on the same Order.
• All Stock Images are licensed by GettyImages®, who has full ownership and copyrights to the Stock Images provided on Perniagaan and shall be responsible for all Stock Images and their quality.
• When using Stock Images, you represent and warrant the following:
  • You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.
  • Stock Image(s) may not be used:
    • on a stand-alone basis with no other content;
    • for pornographic, defamatory or other unlawful purposes;
    • as templates used to create multiple copies of the same MJob;
    • for the purpose of enabling file-sharing of the image file; or
    • in logos, trademarks, service marks or any other branding or identifiers.
  • If Stock Images featuring individuals is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
  • You may not activate the “right-click” function in Stock Images, remove any metadata in Stock Images, or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Images on a stand-alone basis.
  • No ownership or copyrights to Stock Images are granted to you.
• Users can contact Perniagaan’s customer support department for assistance here.

Shipping Physical Deliverables

Some of the services on Perniagaan are delivered physically (arts and crafts, collectable items, etc.). For these types of MJobs, Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

• MJobs that include shipping costs must have physical deliverables sent to Buyers.
• Shipping costs added to a MJob only pertains to the cost Sellers require to ship physical items to Buyers.
• Important: Buyers who purchase MJobs that require physical delivery, will be asked to provide a shipping address.
• Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
• Perniagaan does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
• A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of Perniagaan’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Perniagaan’s Payment Services Provider. All payment services, including withdrawal services will be provided by Perniagaan’s Payment Services Provider.
• Your Perniagaan profile can be associated with only one account from each Perniagaan withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Perniagaan profile.
• Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
• To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
• Withdrawals can only be made in the amount available to you.
• Withdrawal fees vary depending on the withdrawal method.
• Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
• In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Perniagaan’s Payment Services Providers. Your Perniagaan Balance is always derived from its US$ value and, therefore, the local currency amount of your Perniagaan Balance may change daily in accordance with exchange rates fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in US$.

Withdrawal Methods

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

Buyers

Basics

• You may not offer direct payments to Sellers using payment systems outside of the Perniagaan platform.
• Perniagaan retains the right to use all publicly published delivered works for Perniagaan marketing and promotional purposes.
• Buyers may request a specific service from the Post a Request feature. Services requested on Perniagaan must be an allowed service on Perniagaan. Please read above guidelines on approved services. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Perniagaan.

Purchasing

• Buyers pay Perniagaan to create an order from a Seller’s MJob page or Custom Offer, using the Order Now button or through the Logo Maker. Perniagaan partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Perniagaan Balances. All payments services in connection with the collection of funds on the Perniagaan platform are performed by Perniagaan’s Payment Services Providers.
• Perniagaan serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Perniagaan (or its Payment Services Provider, as applicable), and Perniagaan (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Perniagaan (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Perniagaan and not the Buyer directly.
• In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through Perniagaan Anywhere.
• In most locations, purchases on Perniagaan can be made by using one of the following payment methods: Credit Card, PayPal, Perniagaan Credits or existing Perniagaan Balance. Additional payment methods may apply in certain locations.
• Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees. As of May 2018, the current fees assessed to the total purchase amount are $2 on purchases up to $40 and 5% on purchases above $40.
• Your existing Perniagaan Balance will be automatically applied to your next purchase.
• You may not offer Sellers to pay, or make payment using any method other than through the Perniagaan.net site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Perniagaan or Perniagaan’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. Perniagaan is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy .
• By using any payment method and/or providing payment details for making purchases on Perniagaan, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Perniagaan; and (d) such actions do not violate any applicable law.

Local Currencies

• Buyers may pay on Perniagaan in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments and withdrawals in local currencies are performed by Perniagaan’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
• Buyers should note that all prices on Perniagaan are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rates fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their selected displayed currency.
• If you paid for an Order in a currency other than US$ and your Order was later cancelled for any reason, the amount returned to your Perniagaan Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same US$ value.
• Your Perniagaan Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Perniagaan Balance in any currency other than US$, it may change daily in accordance with exchange rates fluctuations, while always maintaining the same US$ value. Users always have the option to view their Perniagaan Balance in US$ by changing their selected displayed currency.

Perniagaan Business

• Perniagaan Business helps you and your team to better manage your purchases and projects on Perniagaan. Through Perniagaan Business, Buyers can create and manage business teams in which all members may use a shared payment method. Once a Buyer creates a business team, they become the sole owner and administrator of the team.
• When inviting a Buyer to a business team, the administrator authorizes such Buyer to use the team’s shared payment method. Business teams may be subject to a monthly budget limitation, as defined by the administrator. Administrators can invite and remove Buyers at any time. It should be noted, however, that removing a Buyer from a business team does not delete or affect their Perniagaan account in any way, but only removes them from the administrator’s business team.
• Buyers are asked to confirm their invitation to a business team and provide their names and roles in business before joining. Buyers should note that all business team members have access to information about purchases made within the team through the shared payment method.
• Invoices for purchases made by Buyers using the team’s payment method will be issued in the name of the business defined by the administrator and sent solely to the administrator.

Taxes

• Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Buyer before payment.
• Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.

Orders

Basics

• Once payment is confirmed, your order will be created and given a unique Perniagaan order number (#FO).
• Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their MJob.
• The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
• An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
• 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 Perniagaan’s Customer Support department for assistance here.
• Orders through the Logo Maker are completed once payment is made by the Buyer.

Handling Orders

• When a Buyer orders a MJob, the Seller is notified by email as well as notifications on the site while logged into the account.
• Sellers are required to meet the delivery time they specified when creating their MJobs. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s status.
• Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
• Users are responsible for scanning all transferred files for viruses and malware. Perniagaan will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• Buyers may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their MJob page or they do not match the requirements sent to the Seller at the beginning of the order process.

Reviews

• Feedback reviews provided by Buyers while completing an Order are an essential part of Perniagaan’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
• Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Perniagaan platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Perniagaan platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by Buyers are publicly displayed on a Seller’s MJob page.
• Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their MJob page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
• Withholding the delivery of services, files, or information required to complete the MJob’s service with the intent to gain favorable reviews or additional services is prohibited.
• Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
• Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
• Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
• Feedback reviews are unavailable for orders made through the Logo Maker.

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 Perniagaan’s Customer Support department for assistance customersupport@perniagann.net.

Basics

• Order cancellations can be performed on Perniagaan, 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 Terms of Service. 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 a Buyer or Seller encounters 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.
• Perniagaan, through its Payment Services Providers, 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 Perniagaan Balance.
• Revisions to deliveries can be performed by Sellers based on the Seller’s MJob and customer care. Sellers may determine the amount of revisions offered to Buyers, 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

• Perniagaan encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
• Eligibility for requests to Perniagaan 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 Perniagaan 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 Perniagaan Balance and will be deducted from the Seller’s Perniagaan Balance or, if there are no sufficient amounts in the Seller’s Perniagaan 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 MJob Page. Buyers may rate their experience with the Seller on the Order Page, including the overall level of service quality received.
• Buyers must use Perniagaan Resolution Center to address their 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 Buyers 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 Perniagaan.
• Any non-permitted usage of Perniagaan 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 Perniagaan’s Terms of Service.
• Perniagaan Customer Support will cancel orders based on, but not limited to, the following reasons:
  • Active Orders (after the Buyer submits their requirements and before the Seller delivers on Perniagaan)
    • The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
    • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
    • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
    • The user is no longer an active Perniagaan 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)
    • The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
    • 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.
    • The Seller requests additional payments, on or off the Perniagaan platform, by withholding the final delivery of services directly related to the agreed requirements.
    • The Seller is withholding the final delivery of services for improved ratings.
    • Buyers who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
    • Buyers 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)
    • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
    • Buyers 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 MJob Page and cannot be retroactively included once the order is completed for over 14 days.
    • Perniagaan Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

• Perniagaan does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Perniagaan Balance and are available for future purchases on Perniagaan. Until January 1, 2019, funds returned to your Perniagaan Balance from cancelled orders will not include service fees paid. As of January 1, 2019, Perniagaan returns service fees to your Perniagaan Balance once an order is cancelled. In any event, if the service fees were not returned to your Perniagaan Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Perniagaan.
• 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.

Perniagaan Credits

In certain instances, Perniagaan may offer you credits (“Perniagaan Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing MJobs and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid Perniagaan Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, Perniagaan Credits expire following three months from their receipt. Perniagaan Credits serve only as an incentive to use Perniagaan, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, Perniagaan Credits may not be returned to your account even if your Order gets cancelled. Perniagaan Credits may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Perniagaan reserves the right to modify or cancel the Perniagaan Credits program at any time. If you or Perniagaan deactivate or suspend your Perniagaan account, any unused Perniagaan Credits in your account will be forfeited.

Perniagaan Logo Maker

Perniagaan Logo Maker allows certain Sellers to offer various original logo designs (each, a “Logo Design”) for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.

Perniagaan Logo Maker Sellers are chosen manually by Perniagaan editors through an ongoing review process based on quality of designs, seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more.

Pricing

All Logo Designs have a fixed US$ price and can be purchased either in the “Basic Logo Package” or in additional packages as indicated in the Logo Design order page.

Purchasing through Perniagaan Logo Maker

• Before completing an order, you will be able to preview a watermarked version of the Logo Design embedded with your brand name, and to further modify the Logo Design using the editing tools.
• Once payment has been made, orders of Logo Designs may not be cancelled.
• In addition to the Logo Design package you choose, you can purchase redesign services from the Seller who created the Logo Design. The price of such redesign services is determined by the Seller and a service fee will be charged solely for the additional redesign services. For cancellations of logo redesign services, please refer to the “Disputes and Cancellations” section of these Terms of Service.
• Feedback reviews are unavailable for orders made through the Logo Maker.

Selling your design on Perniagaan Logo Maker

• By uploading your Logo Design to Perniagaan Logo Maker you represent and warrant that it is your original work, you exclusively own all rights to such design, and it does not infringe any third party rights. You further warrant that such design was never sold before to anyone and that you will not offer it for sale outside of Perniagaan Logo Maker.
• We may use automated systems that analyze your uploaded Logo Design to help detect and prevent infringement or other illegal content.
• We may limit the number of active Logo Designs you can offer.
• Each Logo Design you sell accredits your account with a net revenue of 80% of the Basic Logo Package price and 20% of the margin on top of the Basic Logo Package price.
• Perniagaan retains the right to use all uploaded Logo Designs for Perniagaan marketing and promotion purposes for no consideration.

Logo Design Commercial use license

When an order through the Logo Maker is completed, and subject to payment, the Seller grants the Buyer a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design embedded with the Buyer’s brand name for any purpose, except for any illegal, immoral or defamatory purpose. There is no warranty, express or implied, with the grant of this license, including with respect to fitness for a particular purpose. Neither the Seller nor Perniagaan will be liable for any claims, or incidental, consequential or other damages arising out of this license, the Logo Design or the Buyers use of the Logo Design. For the avoidance of doubt, the Seller retains all ownership rights to the Logo Design, and no ownership or copyrights are granted to the Buyer.

User Conduct and Protection

Perniagaan enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Perniagaan reflect the diversity of an expanding MJob economy. Members of the Perniagaan community communicate and engage through orders, social media, and on Perniagaan’s Community Forums.

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

To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team customersupport@perniagaan.net.

Basics

• To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Perniagaan in order to circumvent or abuse the Perniagaan messaging system or Perniagaan platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
• Perniagaan does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
• Perniagaan does not provide protection for users who interact outside of the Perniagaan platform.
• All information and file exchanges must be performed exclusively on Perniagaan’s platform.
• Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
• Perniagaan is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
• Users may not submit proposals or solicit parties introduced through Perniagaan to contract, engage with, or pay outside of Perniagaan.

Orders

• Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
• Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
• Perniagaan 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, Perniagaan (or one of Perniagaan’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.

MJobs

• Users may report MJobs to Customer Support that may be in violation of Perniagaan’s Terms of Service based on the reported MJob’s replicated similarity to pre-existing services (copycat MJobs).
• Sellers warrant that any content included in their MJobs shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the MJobs, Sellers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the MJobs.
• Perniagaan will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

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

Inappropriate Behavior & Language – Communication on Perniagaan should be friendly, constructive, and professional. Perniagaan condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their MJobs or orders.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Perniagaan will not be protected by our Terms of Service.

Authentic Perniagaan Profile – You may not create a false identity on Perniagaan, misrepresent your identity, create a Perniagaan profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Perniagaan reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – Perniagaan will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use Perniagaan for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Perniagaan community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Perniagaan’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Perniagaan. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Perniagaan accounts.

Proprietary Restrictions

The Site, including its general layout, design and content, is exclusively owned by Perniagaan and protected by copyright and trademark law. Perniagaan®, MJob® and MJobs® are all registered trademarks owned exclusively by Perniagaan. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Feedback Rights

To the extent that you provide Perniagaan with any comments, suggestions or other feedback regarding the Perniagaan platform or the Site as a whole, as well as other Perniagaan products or services (collective, the “Feedback”), you will be deemed to have granted Perniagaan an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Perniagaan is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

• Perniagaan reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
• Violation of Perniagaan’s Terms of Service and/or our Community Standards may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on Perniagaan.
• Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
• Users have the option to enable account Security features to protect their account from any unauthorized usage.
• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Perniagaan’s approval.
• Disputes should be handled using Perniagaan’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Perniagaan Customer Support.
• Perniagaan may make changes to its Terms of Service from time to time. When these changes are made, Perniagaan will make a new copy of the terms of service available on this page.
• You understand and agree that if you use Perniagaan after the date on which the Terms of Service have changed, Perniagaan will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Perniagaan by our users (Buyers and Sellers) is User Generated Content. Perniagaan does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Perniagaan is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted MJobs or otherwise). We provide no warranty with respect to the MJobs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Perniagaan. Sellers advertising online their MJob or Logo Design created through the Logo Maker 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 removal of the MJob or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a MJob on Perniagaan, unless clearly stated otherwise on the Seller’s MJob page/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 from the Seller, and the Seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the Seller expressly agrees to assign to Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the MJob and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of Buyer, and Seller assigns all rights, title and interest in the delivered work. Some MJobs (including for custom created work) charge additional payments (through MJob Extras) for a Commercial Use License. This means that if you purchase the MJob for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a MJob Extra and will have broader rights that cover your business use.

For Voice Over MJobs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through MJob Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through MJob Extra. For further information on the type of buy-outs, please read below.

Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Perniagaan, including MJob texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Perniagaan for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

When purchasing a Voice Over MJob, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to Perniagaan’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Perniagaan will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

MJob Commercial Use License

By purchasing a “Commercial Use License” with your MJob Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Perniagaan’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Perniagaan will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

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 PERNIAGAAN NOR ANY PERSON ASSOCIATED WITH PERNIAGAAN 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.

Machine Translation

Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

Limitation on Liability

IN NO EVENT WILL PERNIAGAAN, 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.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, PERNIAGAAN 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 Perniagaan, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.