Fiverr Forum

Are parts of an offer mentioned in messages but not in the offer considered part of the deal?


#1

Hi,
My question is about what is covered in an agreement with a seller. I’m trying to have some animation done for an app, and, fairly so, it will cost at least a few hundred dollars.

I just want to know if there is a conversation in fiverr messaging surrounding an offer does that count as part of what you can hold them to (for purposes of making a claim if they don’t deliver, ect) or just what’s in the offer?

For example it’s a very important condition that the animations are usable as Unity clips and that they can blend in Mecanim. In the conversation, I asked if they will include this and they said yes. But the offer just says “animations for game”.

If they were to do the animations but they aren’t compatible with Unity, and the seller turns out not to know how to do this, would I be covered by any guarantee, or is it more of a watch out for yourself kind of thing?

Thanks!


#2

In my opinion it is more of a “watch out for yourself” kind of thing, as the job will cost a good amount of money then you should look for a seller with great reviews and experience, this should be a necessary precaution. After this have a chat with seller about the details and even after all this anything goes wrong then you can contact customer support for claiming your money back they MIGHT help.
I think this should be the foolproof plan if you want the value of your money.


#3

@paulmakesthings In my personal opinion I would mark this as a verbal agreement, a contract in of itself. If there are certain things that you have discussed with the seller that they do not hold up to, then you have a binding agreement archived in your private messages to prove what exactly you’re expecting to buy. As a seller I hold to private message conversations as contract.


#4

You can make an offer to a seller by requesting somehow (don’t know all the buyers’ side of things, sorry). Anyway, what you can do is make this offer to the seller in messages and state EXACTLY what you want and your exact terms (there should be a way to state a price and a delivery time). Make all your desires clear. “I require delivery in X format, compatible with Y program,” for example.

Your seller can then accept this order and the gig will start. Now your gig says exactly what you want and if your seller fails to deliver, you have a way to refund the order. Technically, sellers only have to deliver what is stated in their gig. By accepting a custom offer from you, they are accepting your terms and the Fiverr Support Staff should take that as a binding option, since the seller actively accepted your terms.


#5

I do pre-screenings with all sellers that I buy products from clearly establishing my expectations and needs, which I do not purchase until the seller responds. If the seller is unable to fulfill my expectation I don’t cut them from the short list, I simply acknowledge that certain elements that I want may not be included. For example, I always ask for the hex codes on artistic works. I now have a seller who is now citing the ToS that they don’t have to fulfill that element despite being clearly expressed in the preliminary messages and then encouraging me to buy the gig as though they knew what I wanted and could perform.

For reference, this is the section of the ToS under the “Fiver Anywhere” section:
“Communication for handling orders should be performed on Fiverr, through the order page. Users who engage and communicate off of Fiverr will not be protected by our Terms of Service.”

There are two separate elements in that bullet point of the ToS. The first sentence states that handling orders should be performed through the order page. However, the second sentence is a separate thought, which implies all communication through the Fiverr platform is protected.

I wish we could get an official word from Fiverr on this because as it currently stands the sellers can pick and choose as to whether or not they acknowledge messages as an agreement. This can lead to serious misunderstandings as it did in my case. I have reached out to Fiverr for clarification on this; however, until I can get confirmation I will include a copy of any discussions handled via message to ensure it is covered.


#6

Simple answer: yes.

Customer support will always favour what’s been agreed beforehand.


#7

I hope this is true because the dispute I am having with my seller is still on-going since the seller is refusing to release the work because of this misunderstanding despite the fact that I’ve stated 3 times that they can submit the work completed as-is. They’re now seeking to cancel because of artistic differences.