For a while I’ve been meaning to re-read the fiverr TOS. Since I was going to read it all anyways, I thought it would also be nice to make a forum post pointing out some significant passages in it. It can seem like a lot of work to read through the whole thing, and it’s easy to forget all of the details, once read.
Disclaimer: This is not a substitute for actually reading the TOS yourself. It’s just a collection of points that I thought might be helpful as a forum post. Also note that the Terms of Service change frequently. What I copied here is valid as of 6/27/2018.
Fiverr’s Terms of Service - Highlight Reel
Under applicable EU regulation, as of May 25, 2018 you may have some or all of the following rights in respect of your personal information:
- to obtain a copy of your personal information together with information about how and on what basis that personal information is processed;
- to rectify inaccurate personal information;
- to erase your personal information in limited circumstances where it is no longer necessary in relation to the purposes for which it was collected or processed;
- to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; © we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim;
- to challenge processing which we have justified on the basis of our legitimate interest;
- to object to decisions which are based solely on automated processing or profiling;
- to obtain a portable copy of your personal information, or to have a copy transferred to a third party controller; or
- to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.
- In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection.
One question: does that apply to global citizens? or only to people within the EU?
Moving on through the basics:
Sellers may not promote their Gigs or any Fiverr content via the AdWords platform.
That’s interesting. We are encouraged to promote our gigs, but not through AdWords.
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.
That’s right, folks! Pay Your Taxes!
Gigs created on Fiverr are User Generated Content.
Clicking on that link we find:
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Fiverr by our users (Buyers and Sellers) is User Generated Content. Fiverr 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.
In other words: DON’T COPY SOMEONE ELSES GIG! Just make your own gig, it’s not that hard
Following a link about Fiverr’s Intellectual Propery Policy, we find:
Fiverr.com’s content is based on User Generated Content (UGC). Fiverr does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. Fiverr looks into reported violations and removes or disables content shown to be violating third party rights.
Rather than detailing the process for reporting copyright violations, I’ll just give you the link: Intellectual Property Claims
Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Fiverr may reward them with new statuses, special opportunities, benefits, and tools that come with it.
^ I’ll just leave that there.
Top Rated Sellers
TRS has an often contested selection process, so I think its helpful to include:
- Top Rated Sellers are chosen manually by Fiverr 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.
I marked in bold two points that are very subjective. However, there are at least some things we can ponder about how they might apply to us. “Exceptional customer care” may include retaining excellent communication with your buyers, apprising them of your progress, asking for feedback during the process, and the other niceties that comprise “customer service.” As far as “community leadership” goes, my interpretation of that has something to do with the way we conduct ourselves here on the forum. I’ve been told by TRS that forum participation has nothing to do with it, however, I suspect that it may. Where else might we display behaviors constituting leadership? Of course any non-leaderlike behaviours that occur outside of this forum or the main site shouldn’t have any effect on consideration as TRS, but within the forum they might…
- Pro Sellers are pre-verified professionals who undergo a vetting process by Fiverr editors. Applying for Fiverr Pro is open to everyone: professional freelancers who are new to Fiverr, as well as existing Fiverr Sellers.
Your Fiverr profile can be associated with only one account from each Fiverr withdrawal methods. A withdrawal provider account can be associated with only one Fiverr profile.
I see people asking about this here fairly often, so I’m going to include it. No, you can’t use the same Paypal or Payoneer for two different Fiverr accounts.
- 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. When purchasing from your shopping balance (resulting from any credits or refunds) you will not be charged a service fee. Funds returned to your balance from cancelled orders will not include service fees paid.
I’m sure above point has probably been discussed enough.
- 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 Fiverr’s Customer Support department for assistance here.
- Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
- Fiverr 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 Fiverr)
- 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.
- 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.
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 is found on the seller’s Gig page and cannot be retroactively included once the order is completed for over 14 days.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
User Conduct And Protection
- 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 Fiverr in order to circumvent or abuse the Fiverr messaging system or Fiverr platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
Sometimes you need to exchange personal info to perform your service. I’ll just add that you should clear such an exchange with Customer Service, before doing so, otherwise its possible to get in trouble.
Adult Services & Pornography - Fiverr does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Fiverr should be friendly, constructive, and professional. Fiverr 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 - Fiverr 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 for commercial purposes without their consent.
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 Fiverr will not be protected by our Terms of Service.
Intellectual Property Claims - Fiverr 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 Fiverr 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 Fiverr community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Fiverr’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 Fiverr. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell Fiverr accounts.
I put this here just to remind everyone that if someone is harassing you, or otherwise acting in a way that violates the above terms that you can report them and Customer Service will help.
Ownership and limitations: Unless clearly stated otherwise on the seller’s Gig 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.
Obviously I only highlighted a few portions of the TOS. I’d highly recommend reading the whole thing(again). It’s fun for the whole family!
Disclaimer: This is not a substitute for actually reading the TOS yourself. It’s just a collection of points that I thought might be helpful as a forum post.
If you have any specific questions that the TOS doesn’t cover, you can always try here on the forum, or The Seller Help Center.