Terms and policies
Please read the following legal notices / terms and conditions of use ("Terms and Conditions of Use") carefully before accessing the website of FiveUp (the website www.fiveup.com.au hereinafter referred to as "FIVEUP", also referred to as “Us”, "We", “the website” and “our website” in the website content). By accessing our website, you acknowledge that you understand and fully accept the Terms and Conditions of Use, Privacy Policy and our Disclaimers.
- Jobs, Gigs, Products and Services, or a Performance of any kind that are offered by Sellers and requested by Buyers on FiveUp are called “Jobs” or "Gigs".
- These Jobs and Gigs on FiveUp are offered for at fixed prices between $0(FREE) to $5000.
- Users can buy and sell on FiveUp after they are registered. Registration is free.
- You may not offer or accept payments outside FiveUp or using any method other than placing an order through FiveUp.com.au. Jobs and Gigs should be ordered using the 'Order Now' button.
- Buyers are granted full intellectual property and ownership rights for the delivered work, unless otherwise specified by the Seller in the Job or Gig description.
- Jobs, Gigs, Products and Services, or a Performance of any kind that are offered by Sellers and requested by Buyers on FiveUp are called “Jobs” or "Gigs".
- These Jobs and Gigs on FiveUp are offered for at fixed prices between $0(FREE) to $5000.
- Users can buy and sell on FiveUp after they are registered. Registration is free.
- You may not offer or accept payments outside FiveUp or using any method other than placing an order through FiveUp.com.au. Jobs and Gigs should be ordered using the 'Order Now' button.
- Buyers are granted full intellectual property and ownership rights for the delivered work, unless otherwise specified by the Seller in the Job or Gig description.
- When a buyer orders a job or a gig, the seller is notified by Email.
- Sellers must meet the delivery duration they advertised when creating their jobs or gigs. Failing to meet their obligations shall permit Buyers to cancel the order plus will lower the Seller's rating.
- Buyers and Sellers both have the option to cancel an order by mutual agreement. Doing so has no negative effect on either party.
- Unanswered mutual cancellation requests will be automatically accepted after 48 hours, while reducing the non-responding user's rating.
- Force majeure (French for "superior force") is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the legal term "act of God" (such as tsunami, flooding, earthquake, or volcanic eruption), prevents one or both parties from fulfilling their obligations. However, force majeure is not intended to excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces (for example, predicted rain stops an outdoor event), or where the intervening circumstances are specifically contemplated.
- If you are a Seller and failed to deliver your Job or Gig on time as a result of Force majeure, please send us a message so that your rating is not lowered automatically.
- A Seller may cancel an order at any given moment. However, canceling an order has a negative effect on the seller's rating.
- To strive to protect our users' privacy. We request that all user identities secured, hence requesting or providing Email addresses, Skype/IM usernames or any other personal contact details (Other than your name) is not permitted. If a Job or a Gig requires your telephone details (e.g. to confirm off-line deliveries).
- These Jobs and Gigs on FiveUp are offered for at fixed prices between $0(FREE) to $5000.
- Posting or sending spam, adult, illegal, spam, violent, rude, abusive, improper, offensive, copyright protected, promotional, nonsense or any unworthy stuff is strictly prohibited. If you do so, you will get your account blocked permanently and deleted.
- You are responsible to scan all transferred files for viruses and malware.
- Sellers shall deliver completed files and/or proof of work using the 'Deliver Completed Work' tab (located in the Order Page).
- Once work is delivered, the order will be marked as complete, unless the Buyer rejects the delivered work within three days after the Seller’s delievery.
- Withdrawing revenues requires having a valid PayPal account, Payza Account or a FiveUp Mastercard. Please make sure that your PayPal or Payza account is set up and validated so it can receive incoming payments before withdrawing funds.
- To order a FiveUp Mastercard please, send us a request by contacting Support.
- Your FiveUp profile can only be associated with one PayPal account or one Payza account. This association is permanent and can't be changed.
- Revenues are only made available for withdrawal after a safety clearance period of upto 10 working days.
- PayPal's or Payza's and Mastercard’s transfer fees amount to 3% (depending on a country) of the total withdrawal sum. Minimum withdrawal is $20.
- Withdrawals are final and cannot be undone. We may reconfirm with you instructions before a payment is made to provide additional security. If the Buyer's transaction is reported as unauthorized by Paypal, Payza or Credit cards provider we have a right to void the order to prevent misuse orfoul play. We will not be able to refund or change this process once it has commenced.
- The FiveUp Prepaid MasterCard is an innovative debit card that has a prepaid limit and can be used everywhere that MasterCard is accepted. Additionally, you are also able to withdraw funds from your available balance at any ATM that contains the MasterCard symbol. The FiveUp Prepaid MasterCard allows you to have faster access to your cash, can cost less than other withdrawal types and offers protection to the cardholder against unauthorized charges. The minimum withdrawal is $20.
- If you are serious about your business, you should apply as soon as you registered your account by contacting our Support.
- If you remove your existing Payoneer Account, the removal is final—you will not be able to reinstate that account on FiveUp. Removal of your Payoneer account on FiveUp will not cancel your Prepaid MasterCard, but will prevent you from receiving additional withdrawals from FiveUp to that account. To request your Payoneer Account to be deleted from your Financial Account section, you must submit an email to support@FiveUp.com.au and, please state your username and the reason for deletion.
- If you lose your FiveUp Prepaid MasterCard, you will need to contact Payoneer directly to report the loss and request a replacement card.
- Jobs and Gigs may be purchased using your existing balance on FiveUp, a Credit Card, Payza or PayPal.
- Your order will be created once payment is confirmed.
- If you have a sufficient positive balance, it will be used automatically when ordering new Jobs and Gigs.
- Your identity is kept anonymous at all times. To help us protect your privacy, avoid requesting or providing Email addresses, Skype/IM usernames or any other personal contact information.
- You may not offer or pay using any method of payment other than those approved by us.
- You may not pay other users directly. In case you have been asked to use an alternative payment method, please report it immediately to our Support.
- Avoid filing a dispute or reversing a payment through PayPal, Payza or your merchant bank as this may get your account blocked.
- In case of a problem, always try to sort things out with your Seller first. If you need further assistance, contact our customer Support. When you contact our Support please, outline the steps you took trying to resolve your issue with a Seller prior to contacting us.
- Order cancellations (when eligible) can be done by customer Support only up to a period of 10 days from order completion date. We will not be able to cancel orders after that time.
- Many of the Jobs, Gigs and Services on FiveUp may be delivered physically (e.g. arts and crafts).
- For this type of posts, Sellers may decide to add additional charges for Shipping. Sellers can add shipping prices for local shipping (the country from which the Product or a Gig is sent) and for international shipping (anywhere). These charges MUST be mentioned in advance in a Gig description to avoid a dispute.
- When a Buyer acquires Jobs, Products or Gigs which are delivered physically, the Buyer will be required to provide a delivery address or a Job location, together with a contact telephone, Skype or so forth.
- The Seller will be fully responsible for all shipping arrangements once the Buyer supplies the delivery address. FiveUp 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 caused, directly or indirectly, from delivered items and their shipping. Each transaction with our site will never be physical goods and will always be treated as Digital Goods. For example, if you bought a fridge and used our website to connect with a Seller, this will not mean that we will be sending you a fridge! All we do is offer a platform for both of you to connect.
- Tracking number is a great way to avoid disputes related to shipping. We recommend entering the tracking number if available in the order page when delivering your work. We will not take sides and if tracking is provided it will be up to a Buyer to locate, verify and provide the validity and the item(s). We do not verify the delievery or the condition delievered and it will be up to a Buyer to deal with the Seller outside this website. The website will not be liable for any purchases and no refunds will be given.
- Violation of FiveUp's Terms of Service may get your account permanently blocked.
- Sellers will be able to withdraw their revenues from blocked accounts after a safety period of 45 to 90 days, depending on block reason, from day of last cleared payment received in their account and subject to FiveUp's approval.
- Disputes should be handled using FiveUp's dispute resolution tools ('Got Problems?' in the order page) or by contacting FiveUp customer support.
- FiveUp reserves the right to put any account on hold or permanently cancel accounts due to misbehavior. Users with accounts on hold will not be able to sell or buy on FiveUp.
- We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact FiveUp's customer support department for assistance.
- FiveUp will not refund payments made for cancelled orders back to PayPal or Payza. Refunds are made to the buyer's balance and are made available for future purchases on FiveUp.
- Ownership and limitations: unless clearly stated otherwise in the Job and Gig description text, when the work is delivered, 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. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered service shall be the exclusive property of buyer. The seller expressly agrees to assign to buyer the copyright in any delivered services that do not meet the requirements of a work-for-hire under the defined in the Australian Copyright Act 1968 (and Copyright Amendment Act 2006), which applies the national law throughout Australia. Designs may be covered by the Copyright Act as well as by the Design Act.
- The Australian legislation is based on the authority of section 51(xviii) of the Australian Constitution. Copyright law in Australia is federal law and established by the Australian Parliament.
- Additionally, independent of the Copyright Act, the seller agrees that unless he indicated otherwise in the Job or Gig description, once the order is completed the seller assigns along with it to the buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith.
- The sellers further asserts that whatever information he received 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.
- By offering a service, the seller asserts that it has sufficient permissions to provide, sell or resell the service that they offer on FiveUp.
- The information and opinions published on our website are not to be construed as advice.
- The information and opinions published on this website do not constitute an advertisement or a recommendation, solicitation, offer or invitation to submit an offer to (i) purchase or sell any financial instruments or products, (ii) perform any other transactions, or (iii) conclude any other legal transactions.
- You indemnify FiveUp and their agents from any losses or consequential damage you may incur from using any of the information on this site. By accessing any information on this website you indicate you understand & accept this Warning.
- This website is for informational purposes only and is not intended to provide commercial, financial, investment, accounting, tax or legal advice or any professional advice. It is provided to you for your own personal use. It is not for purposes of resale, distribution or public display or any other uses by you in any form or manner whatsoever. The information provided is the opinions of the Sellers and not of FiveUp. The information you receive may not be appropriate to your personal needs and you should seek professional advice from a licensed adviser in your jurisdiction before making any financial decisions.
- The performance of this website and all information contained within, or accessed from the website are provided to you on an "as is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties.
- FiveUp provides no warranty (neither express nor implicit) that the information and opinions of the Sellers published on our website are correct, accurate, complete, true and up-to-date. Likewise, FiveUp gives no warranty that * i. our website will perform without error or interruption, and * ii. that our website and all other components used in accessing our website contain no harmful elements (particularly viruses).
- FiveUp or its contractual partners shall have no liability for damages or losses of any kind directly or indirectly resulting from access to or reliance on our website.
- Our website contains links to websites which are not reviewed and offered by us. Should you activate such links, you leave our website at your own risk. FiveUp has not investigated such websites and is not responsible for their contents.
- All elements contained on our website are subject to copyright will all rights reserved. The reproduction (in whole or in part), the transmission (by electronic means or otherwise) the link into or use for any public or commercial purpose of our website is only allowed with the prior written consent of FiveUp.
- We reserve the right to change these Terms and Conditions of Use from time to time. Therefore, please read these Terms and Conditions of Use whenever you access our the website and check whether you also agree with the new version. If you do not understand or do not accept any provisions of the present Terms and Conditions of Use, please leave our website immediately.
The standard dispute resolution map is shown here: Click Here
- Any dispute arising in connection with these Terms and Conditions which cannot be settled by negotiation between the Parties or their representatives shall be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators Australia.
- During such arbitration, both Parties may be legally represented. Any dispute arising in connection with this Agreement which cannot be settled by negotiation between the Parties or their representatives shall be submitted to arbitration in accordance with the Rules for the Conduct of Commercial Arbitrations for the time being of the Institute of Arbitrators Australia. During such arbitration, both Parties may be legally represented.
- Prior to referring a matter to arbitration, the Parties shall: (a) formally refer the dispute to their respective contract managers for consideration; (b) if the respective contract managers are unable to resolve the dispute after five (5) days (or such other period as is agreed between the Parties) from the date of referral, refer the dispute to the respective chief executive officers of each Party; and (c) in good faith explore the prospect of mediation. Nothing in this clause shall prevent a Party from seeking urgent equitable relief before an appropriate court.
- If both parties agree to cancel after the job is marked "completed", the website will not be refunding and they have to deal outside using feedback and other means.
- The use of our website as well as these Terms and Conditions of Use are will be governed by and construed according to the law of the jurisdiction of Australia. All Parties submit to the exclusive jurisdiction of the courts of that jurisdiction. The exclusive place of jurisdiction is Sydney, Australia.
| Jobs Amount ($) |
|
Jobs Commission (%) |
| Below $74 |
|
20 |
| $75-$149 |
|
15 |
| $150 and over |
|
10 |
Follow Me
FiveUp.com.au
Get latest jobs delivered right to your twitter!
The Official
FiveUp T-shirts
Get yours now!