The following terms and conditions (these “Terms of Service”), govern your access to and use of the BellaGigs website, including any content, functionality and services offered on or through www.bellagigs.com (the “Site”), by BellaGigs LLC (111 NE 1st Street 8th Floor Miami, FL 33132 ) as applicable (collectively, “BellaGigs” “we” or “us”) and any other online application owned or operated by Bell Gigs, its mobile application(s), its software, as well as any order that you might place through the Bell Gigs Platforms.
This Site is offered and available to users who are 16 years of age or older. If you are under 16 you may not use this Site or the BellaGigs 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 here.
Modifications to Terms
BellaGigs reserves the right to change these Terms at any time. However, if BellaGigs makes changes to the Terms, BellaGigs will notify you by revising the “Last Modified” date at the top of this document. In some cases, BellaGigs may also provide you with additional notice (such as adding a statement to BellaGig’s homepage or sending you an email notification). BellaGigs encourages you to review these Terms periodically to stay informed about BellaGig’s practices, and you should always review these Terms before placing any order for Services.
Unless BellaGigs notifies you otherwise, whenever BellaGigs make changes to these Terms, they will be effective when the revised Terms are posted online or otherwise provided for your review. If you continue to use any BellaGigs Platform after the revised Terms have been posted or otherwise provided for your review, including, but not limited to, by placing an order for Services with BellaGigs, you will be deemed to have accepted the changes to these Terms and will be bound by the revised Terms.
Supplemental terms may apply to certain Services requested by you, such as policies for a particular event, activity, or promotion or in connection with moving services requested by businesses (i.e., commercial move requests). If supplemental terms apply to your request for Services, such supplemental terms will be disclosed to you in a separate disclosure or in connection with, but prior to, the performance of the applicable Services by Third Party Providers (as defined below). Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services. In the event of a conflict between any supplemental terms and these Terms, the supplemental terms shall prevail but only with respect to the Services to which the supplemental terms apply.
About BellaGigs & Company Services
Overview and Definitions
BellaGigs.com is an online ecosystem that enables buyers of professional services (“Employers known as Bella Pros or Clients”) to search for, enter into and manage transactions with female providers of professional services (“Freelancers known as Independent Contractors or Bellas’) and, collectively with Bella Pros, “Registered Users”). The Website contains features that enable Bella’s and Bella Pros to do, among other things, the following:
- Bella Pros/Clients (or Employers) Create profiles, post projects “BellaGigs” i.e On Demand Gigs, or Freelance Gigs, search for talented Bella’s communicate with Bellas ,negotiate with Bella’s, award Gigs to Bella’s, manage projects, leave feedback for Bella’s, and pay Bella’s.
- Bellas (or Freelancers): Create profiles, advertise capabilities, submit hourly/daily prices, negotiate with Bella Pros, obtain Gig awards, invoice, obtain feedback from Bella Pros/Clients, and receive payment from Bella Pros/Clients through BellaGigs escrow. Professional Bella’s can also leverage the platform to post BellaGigs i.e OnDemand Gigs, Freelance Gigs, Skills Training (Courses), search for other talented Bella’s communicate with Bellas, negotiate with Bella’s, award Gigs to Bella’s, manage projects, leave feedback for other Bella’s, and pay Bella’s.
We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website. Capitalized terms used in these Terms of Service have the following meanings:
Bellas are users who offer services on BellaGigs, these are female freelancers or remote professionals. They are equivalent to sellers.
BellaGigs® are projects offered on BellaGigs by Bella Pros.
Bella Pros/Clients are users who purchase services on BellaGigs, these are individuals, companies or brands. Bella Pros are equivalent to Clients/Employers.
Custom Offers are exclusive proposals that a Bella can create in response to specific requirements of a Bella Pro/Client.
Custom Orders are requests made by a Bella Pro/Client to receive a Custom Offer from a Bella.
Disputes are disagreements experienced during an order between a Bella Pro/Clientand Bella on BellaGigs.
BellaGigs Balance is the aggregated amount of your Revenue as a Bella and/or returned payments from cancelled orders as a Bella Pro/Client.
BellaGigs Credits are credits that BellaGigs may provide users to be used only for purchases on BellaGigs, subject to these Terms of Service or any other applicable laws and/or terms.
Gigs are projects/services offered by Bellas on Bella’s Gig for a price defined by the Bella.
Gig Page is where the Bella can describe their Gig and the Gig’s terms, and the Bella Pro/Client can purchase the Gig and create an order.
Order Page is where Bella Pro/Client and Bellas communicate with each other in connection with an ordered Gig.
Orders are the formal agreement between a Bella Pro/Client and Bella after a purchase was made from the Bella’s Gig Page.
Payment Services Provider(s) are service providers that provide payment services to Bella Pros/Clients and Bellas in connection with the BellaGigs platform, including with respect to collection of funds from Bella Pro/Client in connection with the purchase of Gigs, remittance and withdrawal of funds to Bella’s in connection with completed Gigs, and the holding of funds in connection with BellaGigs Balances.
Revenue is the money that Bellas earn from completed orders and can either withdraw or use to purchase Gigs on BellaGigs, subject to these Terms.
Bellas are users who offer and perform services through Gigs on BellaGigs.
Summary of Terms
- Only registered users may buy and sell on BellaGigs. Registration is free.
- BellaGigs® on BellaGigs are offered based on hourly or daily prices offered by Bellas. The prices are determined by the Bella.
- Bella Pros/Clients pay BellaGigs in advance to create an order (see Purchasing Section below regarding payment terms).
- Orders are purchased through the Order button found on a Bella’s Gig page or through a Custom Offer.
- For fees and payments please read the purchasing section below.
- Bellas must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Bellas’ reputation and status.
- Bellas gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering featured services for higher prices or selling their BellaGigs in multiples.
- Users may not offer or accept payments using any method other than placing an order through BellaGigs.com.
- Bella Pros/Clients are granted all rights for the delivered work, unless otherwise specified by the Bella on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
- BellaGigs retains the right to use all published delivered works for BellaGigs marketing and promotion purposes.
- BellaGigs also offers online courses in various fields (the “Courses”), available solely to Bella Gig users. All Courses are made and delivered by independent instructors (the “Instructors”). BellaGigs is not responsible for the content, quality or the level of the Courses or for any content or service provided by the Instructors, and does not warrant or guarantee the quality, accuracy or completeness of the Courses and/or any information provided by the Instructors. We encourage users to take advantage of our rating system in choosing appropriate Course offers.
- As a marketplace, we do not inspect the Courses for legal issues nor evaluate the legality of the Courses’ content. Your use of a Course, its content and any associated items obtained through the Site is at your own risk. You assume full responsibility for actions you take following your use of a Course.
- Copyright Infringement. Instructors warrant that any content included in their Courses are original work conceived by the Instructors 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 Courses, Instructors represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Courses.
- BellaGigs will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.
- Third Party Websites. Courses on Learn from BellaGigs may include links or referrals to other websites that BellaGigs does not own or control. If you decide to access any third party websites and make use of the information and services contained on them, you do so at your own risk. BellaGigs accepts no liability for damage or loss, however caused in connection with the use of or reliance on any information, material, products or services contained on or accessed through any third party. Users are advised to review carefully the terms and conditions provided by each service provider for the use of their services.
- License. When you register to a Course, the Instructors grant you a limited, non-transferable right to view the Course and its collateral materials for your personal, non-commercial purposes. You may not distribute, transmit, assign, sell, broadcast, rent, share, modify, create derivative works of, or otherwise transfer or use the Course.
- The License provided for each Course is valid for a minimum period of 60 days from the purchase date. However, we reserve the right to revoke licenses earlier on behalf of the Instructors in the event that we are required to do so for legal or policy reasons (if the Course is subject to a copyright claim for example). Your License may be terminated immediately if we determine that you are in breach of these Terms and our overall Terms of Service. We also reserve the right to extend your access rights to the Course after the said 60 days period, subject to our sole discretion.
Bellas – Female Freelancers
- Bellas are pre-verified female professionals who undergo a vetting process by BellaGigs editors. Applying for BellaGigs is open to everyone.
- Bellas create BellaGigs® on BellaGigs to allow Bella Pros/Clients to purchase their services.
- Bellas can list Freelance, Ondemand or Skills Training gigs.
- From time to time, Bella Pros/Clients may request dedicated staffing and talent matchmaking services from BellaGigs, hence from time to time BellaGigs may request additional assessments from Bella’s in order to facilitate employer matchmaking for remote and physical long term jobs.
- Each order you sell and successfully complete, accredits your account with a net revenue of 85% of the purchase amount.
- BellaGigs accredits Bellas 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 BellaGigs Balance.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 7 days after the order is marked as complete.
- Bellas may not promote their Gigs or any BellaGigs content via the AdWords platform.
- Bellas may withdraw their revenues using one of BellaGigs’s withdrawal options (see Withdrawal Section below regarding payment terms).
- For security concerns, BellaGigs may temporarily disable a Bellas ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Bella Pros/Clients, or associating multiple BellaGigs accounts to a single withdrawal provider.
- Bellas 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. Bellas represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Gig price shown on the Gig page is inclusive of all such taxes and charges that may apply to the Bellas.
- Appointment as Limited Payment Collection Agent: Bella’s hereby appoints BellaGigs as Bella’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Bella Pros/Clients, and remitting those payments to the Bella. The Bella agrees that payment from Bella Pros/Clients to BellaGigs shall be considered the same as payment made directly to Bella. Bella Pros/Client’s payment obligation to the Bella will be satisfied upon receipt of payment by BellaGigs (or its Payment Services Provider, as applicable), and BellaGigs (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 BellaGigs (via Payment Services Provider) does not remit any such amounts to the Bella, the Bella will have recourse only against BellaGigs and not the Bella Pro/Client directly. The Bella agrees that BellaGigs 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 Bella Pro/Client that BellaGigs may deem necessary or prudent.
- BellaGigs partners with Payment Services Providers for purposes of collecting Gig-related payments from Bella Pros/Clients, transferring such payments from Bella Pros/Clients to Bellas, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the BellaGigs platform are performed by BellaGig’s Payment Services Providers.
- Gigs created on BellaGigs are User Generated Content.
- Gigs and/or users may be removed by BellaGigs from the Site for violations to these Terms of Service, 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 found here
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Gigs
- Spam, nonsense, or violent or deceptive Gigs
- Gigs misleading to Clients or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Clients
- Services that extend beyond 30 days of service duration
- Exceedingly low quality Gigs
- Promoting BellaGigs and/or Bellas 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.
- Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Gigs that are removed for violations are not eligible to be restored or edited.
- Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
- Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates BellaGigs’s Terms of Service, will be removed.
- Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images are available to all Bellas. Bellas must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Gigs may contain an approved Gig Video uploaded through the Gig management tools available on BellaGigs.
- Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.
- Bellas have the option to extend the duration of an order for each Gig. This is to cover the time needed to complete the extra service.
- Bellas code of conduct eligibility is constantly evaluated by BellaGigs to ensure that the quality standards and expectations are kept. BellaGigs retains the right to suspend an account if a Bella or Bella Pro who cannot maintain their high quality service through a severe drop in ratings as a result of late delivery, increased cancellation rate or any other violation of our Terms of Service or Intellectual Property.
To help Gigs listing stand out, we offer a way to “feature” listings here on BellaGigs. For a small $30 fee, Bella’s can feature their listing to generally help with their listing being purchased more quickly:
- Moves your listing to the towards the top right of the list to assist with visibility
- Places a small star beside your listing to help draw more attention to it
Payments for featured listings are non-refundable.
Ratings & Feedback
BellaGigs is all about helping Bellas leverage their skills. We seek to empower top performing Bellas with helpful tools to grow their business. Bellas who invest in self-promotion may achieve greater customer satisfaction. The Bellas rating is calculated based on the order reviews posted by Bella Pros/Clients. High ratings allow Bella’s to display their credibility. If they deliver on time, they can receive high ratings which attest to the quality of the Bella’s Services, BellaGigs displays the ratings and public feedback.
Bellas who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Bella Pros/Clients. Bellas 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 accounts. In certain cases, exceedingly low ratings may lead to the suspension of the Bellas account.
Shipping Physical Deliverables
Some of the services on BellaGigs are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, Bellas may decide to add shipping charges. Bellas can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
- Gigs that include shipping costs must have physical deliverables sent to Bella Pros/Clients.
- Shipping costs added to a Gig only pertains to the cost Bellas require to ship physical items to Bella Pros/Clients.
- Important: Bella Pros/Clients who purchase Gigs that require physical delivery, will be asked to provide a shipping address.
- Bellas are responsible for all shipping arrangements once the Bella Pro/Client provides the shipping address.
- BellaGigs 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.
- To withdraw your revenue, you must have an account with at least one of BellaGigs’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with BellaGigs’s Payment Services Provider. All payment services, including withdrawal services will be provided by BellaGigs’s Payment Services Provider.
- Your BellaGigs profile can be associated with only one account from each BellaGigs withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one BellaGigs profile.
- Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of up to 7 days depending on the withdrawal method chosen 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.
Withdraw to your PayPal Account
For a list of PayPal services by country click here
Local Bank Transfer (LBT)
$3 per transfer*.
For more information, see Pricing and Fees.
Direct Deposit (ACH)
$1 per transfer.
For more information, see Pricing and Fees.
* Additional fees may apply based on your location and currency.
Bella Pros/Clients (Employers)
- You may not offer direct payments to Bellas using payment systems outside of the BellaGigs Order system.
- BellaGigs retains the right to use all publicly published delivered works for BellaGigs marketing and promotional purposes.
- Bella Pros/Clients may request a specific service from the Post a Request feature. Services requested on BellaGigs must be an allowed service on BellaGigs. Users should refrain from using the Post a Request feature for any purpose other than looking for services on BellaGigs.
- Bella Pros/Clients pay BellaGigs to create an order from a Bella’s Gig page, using the Order Now button. BellaGigs partners with Payment Services Providers for purposes of collecting Gig-related payments from Bella Pros/Clients, transferring such payments from Bella Pros/Clients to Bellas, and holding funds in connection with BellaGigs Balances. All payments services in connection with the collection of funds on the BellaGigs platform are performed by BellaGigs’s Payment Services Providers.
- BellaGigs serves as Bella’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 Bella. Buyer’s payment obligation to Bella will be satisfied upon receipt of payment by BellaGigs (or its Payment Services Provider, as applicable), and BellaGigs (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Bella in the manner described in these Terms of Service. In the event that BellaGigs (via Payment Services Provider) does not remit any such amounts to Bella, the Bella will have recourse only against BellaGigs and not the Bella Pro/Client directly.
- In addition Bella Pros/Clients can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Bellas through the site or through BellaGigs Anywhere.
- The following are the Service Levels for Bella Pros/Clients.
- Basic – BellaGigs and Listing of Gigs Free with Service Fees.
- 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 2019, the current fees assessed to the total purchase amount are 15% on all purchases.
- This entry service level offers the following features:
- Automates all the admin work
- Saved searches
- Unlimited search results
- Unlimited messages
- Search by gig type, skill and location
- Create gig teams
- Private talent list
- Micro E&O insurance
- Featured listings – Fees are $30 which includes errors & omissions insurance.
- Diversity & Inclusion Job Care – This is a subscription service at $149/month aand includes the following features;
- One (1) diversity & inclusion hiring assessment
- Access to the Hiring Platform
- Access candidates that are not available through BellaGigs
- Unlimited job posting for hiring female talent
- Unlimited talent searches
- Unlimited messaging
- Interview management system
- Fill multiple positions monthly
- Complete Job Care – This subscription services is offered to Bella Pros/Clients at $499/month. The features are as follows;
- All Previous Features
- Save time on sourcing and recruiting
- Dedicated HR account manager to help you find and hire quality talent fast
- Talent matchmaking per job posting
- Pre-vetted, ready to interview curated candidates
- Only interview qualified candidates
- Custom Diversity & Inclusion recruitment plan
- In most locations, Gigs may be purchased on BellaGigs by using one of the following payment methods: Credit Card, PayPal, BellaGigs Credits or existing BellaGigs Balance. Additional payment methods may apply in certain locations.
- BellaGigs collects the payments on behalf of the Bellas and funds are held in escrow until Bella Pros/Clients confirm delivery.
- Your existing BellaGigs Balance will be automatically applied to your next purchase.
- You may not offer Bellas to pay, or make payment using any method other than through the BellaGigs.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support at [email protected] .
- By using any payment method and/or providing payment details for making purchases on BellaGigs, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on BellaGigs; and (d) such actions do not violate any applicable law.
- Bella Pros/Clients may pay on BellaGigs in several different currencies. Unless stated otherwise, you will be charged in the currency displayed on the Order page. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ 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 Order.
- Bella Pros/Clients should note that the Gigs’ pricing is 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. Bella Pros/Clients 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 BellaGigs 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 BellaGigs Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your BellaGigs 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 BellaGigs Balance in US$ by changing their selected displayed currency.
- Business Tools helps you and your team to better manage your purchases and projects on BellaGigs. Through Business Tools, Bella Pros/Clients 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 Bella Pros/Clients at any time. It should be noted, however, that removing a Buyer from a business team does not delete or affect their BellaGigs account in any way, but only removes them from the administrator’s business team.
- Bella Pros/Clients are asked to confirm their invitation to a business team before joining. Bella Pros/Clients 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 Bella Pros/Clients using the team’s payment method will be issued solely according to the billing information defined by the administrator.
- Bella Pros/Clients may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Gig price shown on the Gig page.
- Bella Pros/Clients 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.
- Once payment is confirmed, your order will be created and given a unique BellaGigs order number (#FO).
- Bellas 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 Gig.
- Using the Deliver Work button may not be abused by Bella’s 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 Bella’s rating and result in a warning to the Bella.
- An order is marked as Complete after it is marked as Delivered and then accepted by a Bella Pro/Client. 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 Bella Pros/Clients and Bella’s 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 Bella Gig’s Customer Support department for assistance [email protected]
- When a Bella Pro/Client orders a Gig, the Seller is notified by email as well as notifications on the site while logged into the account.
- Bellas are required to meet the delivery time they specified when creating their Gigs. Failing to do so will allow the Bella Pro/Client to cancel the order when an order is marked as late and may harm the Bella’s status.
- Bellas 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. BellaGigs will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Clients 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 Bella’s description on their Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.
- Feedback reviews provided by Bella Pros/Clients while completing an order are an essential part of BellaGigs’s rating system. Reviews demonstrate the Buyer’s overall experience with the Bellas and their service. Bella Pros/Clients are encouraged to communicate to the Bella’s any concerns experienced during their active order in regards to the service provided by the Bella.
- Leaving a Bellar’s feedback is a basic prerogative of a Bella Pro/Client. Feedback reviews will not be removed unless there are clear violations of our Terms of Service.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the BellaGigs platform from users within our Community. Purchases arranged, determined to artificially enhance Bella ratings, or to abuse the BellaGigs platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Clients are publicly displayed on a Bella’s Gig page.
- Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Bella’s Live Portfolio on their Gig page if the Bella Pros/Clients chooses to publish the Work Sample while providing a public feedback review.
- Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Bella Pros/Clients has three (3) 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.
- Bellas may not solicit the removal of feedback reviews from their Bella Pros/Clients through mutual cancellations.
Disputes and Cancellations
We encourage our Bella Pros/Clients and Bellas 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 BellaGigs’s Customer Support department for assistance.
- Order cancellations can be performed on BellaGigs, 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 to 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 (Bella Pros/Clients) or Seller (Bella) 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.
- BellaGigs, 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 Bella Pro/Client shall be subject to full payment for the Gig 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 Bella Pros/Clients BellaGigs Balance.
- Revisions to deliveries can be performed by Bellas based on the Bella’s Gig and customer care. Bellas may determine the amount of revisions offered to Bella Pros/Clients, 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 Bellas beyond the agreed requirements by using the Request Revisions button is not allowed.
- BellaGigs encourages Bella Pros/Clients and Bellas to resolve service disputes mutually using the Resolution Center.
- Eligibility for requests to BellaGigs to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the BellaGigs 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 Bella Pro’s/Client’s BellaGigs Balance and will be deducted from the Bella’s BellaGigs Balance or, if there are no sufficient amounts in the Bella’s BellaGigs Balance, from future revenues of such Bellas.
- Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Bellas if the service was rendered as described in the Gig page. Bella Pros/Clients may rate their experience with the Bellas on the order page, including the overall level of service quality received.
- Bella Pros/Clients must use BellaGigs Resolution Center to address their concerns and desired resolution related to the service provided by their Bellas prior to contacting Customer Support. Customer Support will not take any action against Orders where the Clients failed to inform their Bellas of issues related to the Bella’s service and will allow Bellas to provide a resolution first. This does not include non-permitted usage of BellaGigs.
- Any non-permitted usage of BellaGigs 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 to BellaGigs’s Terms of Service.
- BellaGigs Customer Support will cancel orders based on, but not limited to, the following reasons:
- Active Orders (after the Bella Pros/Clients submits their requirements and before the Bellas delivers on BellaGigs)
- The Bella 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 Bella Pros/Clients requirements or the Bella’s delivery.
- The user is no longer an active BellaGigs user due to Terms of Service violations or closure of their account.
- Delivered Orders (after the Bella clicks Deliver Now and before the order is marked as complete)
- The Bella uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Clients. Note: Multiple reported offenses will result in permanent suspension of your account.
- The Bella 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 Bella requests additional payments, on or off the BellaGigs platform, by withholding the final delivery of services directly related to the agreed requirements.
- The Bella is withholding the final delivery of services for improved ratings.
- Bella Pros/Clients who abuse the Request Revisions button to gain more services from Bellas beyond the agreed requirements.
- Bella Pros/Clients who threaten to leave a damaging review to gain more services from the Bella 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.
- Bella Pros/Clients who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use is found on the Bella’s Gig page and cannot be retroactively included once the order is completed for over 14 days.
- BellaGigs Customer Support will review cases of Order delivery manipulation that prevents Bella Pros/Clients and Bellas from fully utilizing our Resolution Center that enabled the order to be marked as complete.
- Active Orders (after the Bella Pros/Clients submits their requirements and before the Bellas delivers on BellaGigs)
- BellaGigs does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Bella Pros/Clients BellaGigs Balance and are available for future purchases on BellaGigs. Funds returned to your BellaGigs Balance from cancelled orders will not include service fees paid, of the service fees were not returned to your BellaGigs Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on BellaGigs.
- Deposit refunds, when available from the payment provider, can be performed by our Customer Support team (based on the Order’s original payment currency). To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
- In certain instances, BellaGigs may offer You credits (“BellaGigs Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Gigs and/or other services offered on the Site. Your available Credit balance will appear in your account. Your valid BellaGigs Credits will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. BellaGigs Credits are subject to different time limitations and will expire after their predefined term. BellaGigs Credits serve only as an incentive to use BellaGigs, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. BellaGigs 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. BellaGigs reserves the right to modify or cancel the BellaGigs Credits program at any time. If you or BellaGigs deactivate or suspend your BellaGigs account, any unused BellaGigs Credits in your account will be forfeited.
User Conduct and Protection
BellaGigs enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on BellaGigs reflect the diversity of an expanding Gig economy. Members of the BellaGigs community communicate and engage through orders, social media, and on BellaGigs’s Community Forums.
BellaGigs maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of BellaGigs. This section relates to the expected conduct users should adhere to while interacting with each other on BellaGigs.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.
- 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 BellaGigs in order to circumvent or abuse the BellaGigs messaging system or BellaGigs platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
- BellaGigs does not provide any guarantee of the level of service offered to Clients. You may use the dispute resolution tools provided to you in the order page.
- BellaGigs does not provide protection for users who interact outside of the BellaGigs platform.
- All information and file exchanges must be performed exclusively on BellaGigs’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.
- BellaGigs 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 BellaGigs to contract, engage with, or pay outside of BellaGigs. For more details, please review our community guidelines.
- Users with the intention to defame competing Bellas 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 Clients or Bellas to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
- BellaGigs reviews cases of payment provider chargebacks and disputes on behalf of Bellas. 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, BellaGigs (or one of BellaGigs’s Payment Services Providers) will return parts or full revenue back to Bellas, otherwise the chargeback amount will be borne by the Seller. For more details, please review our community guidelines.
- Users may report Gigs to Customer Support that may be in violation of BellaGigs’s Terms of Service based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs).
- Bellas warrant that any content included in their Gigs shall be original work conceived by the Bellas 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 Gigs, Bellas represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs.
- BellaGigs will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed.
Users may receive a warning to their account for violations of our Terms of Service 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.
Adult Services & Pornography – BellaGigs does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on BellaGigs should be friendly, constructive, and professional. BellaGigs 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 – BellaGigs takes the matter its members’ security seriously. 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 Gigs 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. Bellas 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 BellaGigs will not be protected by our Terms of Service.
Authentic BellaGigs Profile – You may not create a false identity on BellaGigs, misrepresent your identity, create a BellaGigs 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. BellaGigs 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.).
Fraud / Unlawful Use – You may not use BellaGigs for any unlawful purposes or to conduct illegal activities.
Intellectual Property Claims – BellaGigs will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Please review our Intellectual Property claims procedures.
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 BellaGigs community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to BellaGigs’s Terms of Service is 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 BellaGigs. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell BellaGigs accounts.
The Site, including its general layout, design and content, is exclusively owned by BellaGigs and protected by copyright and trademarks. 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.
- BellaGigs reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
- Violation of BellaGigs’s Terms of Service may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on BellaGigs.
- Users who have violated our Terms of Service 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.
- Bellas 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 BellaGigs’s approval.
- Disputes should be handled using BellaGigs’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting BellaGigs Customer Support.
- BellaGigs may make changes to its Terms of Service from time to time. When these changes are made, BellaGigs will make a new copy of the terms of service available on this page.
- You understand and agree that if you use BellaGigs after the date on which the Terms of Service have changed, BellaGigs 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 BellaGigs by our users (Clients and Bellas) is User Generated Content. BellaGigs 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, BellaGigs is not responsible for the content, quality or the level of service provided by the Bellas (even if they are Pro Bellas, Top Rated Bellas or otherwise). We provide no warranty with respect to the Gigs, their delivery, and any communications between Clients and Bellas. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Gigs® service offers.
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 BellaGigs. Bellas advertising their Gig online 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 Gig 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 – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: Unless clearly stated otherwise on the Bella’s Gig page/description, when the work is delivered, and subject to payment, the Bella Pro/Client is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Bella, and the Bella 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 Bella expressly agrees to assign to Bella Pro/Client the copyright in the delivered work. All transfer and assignment of intellectual property to Bella Pro/Client shall be subject to full payment for the Gig 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 Bella Pro/Client, and the Bella assigns all rights, title and interest in the delivered work. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig 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 Gig Extra and will have broader rights that cover your business use.
For Voice Over Gigs, when the work is delivered, and subject to payment, the Bella Pro/Client is purchasing basic rights, (which means the Bella Pro/Client is paying a 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 Gig 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 Gig Extra. For further information on the type of buy-outs, please read below.
Bellas further confirm that whatever information they receive from the Bella Pro/Client, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.
Furthermore, users (both Clients and Bellas) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to BellaGigs, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by BellaGigs for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
When purchasing a Voice Over Gig, 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 Bella 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 BellaGigs’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 Bella nor BellaGigs 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.
Commercial Use License
By purchasing a “Commercial Use License” with your order, the Bella grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “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 BellaGigs’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 BellaGigs 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 BellaGigs NOR ANY PERSON ASSOCIATED WITH BellaGigs 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.
THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Site has been translated for your convenience using translation software powered by Google 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. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.
The official text is the English version of the website. 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 website, please refer to the English version of the website which is the official version.
Limitation on Liability
IN NO EVENT WILL BellaGigs, 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, BellaGigs 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 BellaGigs, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.