Payment Terms Last update 1 year ago

Falko Solutions’s Payment Terms

The following terms (these “Payment Terms”) govern payments you make or receive through www.falkosolutions.com (the “Site”), operated by Falko Solutions Ltd. (71-75, Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ) and its affiliates: Falko Ventures LLC_FZ. (The Meydan Hotel, Dubai, UAE).

Falko Solutions Ltd. (71-75, Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ) and its affiliates: Falko Ventures LLC_FZ. (The Meydan Hotel, Dubai, UAE) processes card payments, are collectively referred hereto as “Falko Solutions” “we” or “us”.

Please read these Payment Terms carefully before making or receiving payments through the Site. By making or receiving payments through the Site, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Payment Terms. These Terms are supplemental to Falko Solutions General Terms of Service as applicable (collectively, the “Terms of Service”).

Key Terms

Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.

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

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

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

Receiving Payments

General

Each Gig/Project Service you sell and successfully complete, accredits your account with revenue equal to 75% of the purchase amount.
Falko Solutions accredits Sellers once an order is completed. See the 'Orders' section in the Terms of Service for a definition of a completed order.
If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s Falko Solutions Balance.
Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Gig page or on Project order page is inclusive of all such taxes and charges that may apply to the Sellers.
Appointment as Limited Payment Collection Agent: Seller hereby appoints Falko Solutions as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to Falko Solutions shall be considered the same as a made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Falko Solutions (or its Payment Services Provider, as applicable), and Falko Solutions (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that Falko Solutions (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Falko Solutions and not the Buyer directly. Seller agrees that Falko Solutions may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that Falko Solutions may deem necessary or prudent.
Falko Solutions partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Falko Solutions Balances. All payments services in connection with the withdrawal of funds on the Falko Solutions platform are performed by Falko Solutions Payment Services Providers.

Withdrawing Revenues

To withdraw your revenue, you must have an account with at least one of Falko Solutions Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with Falko Solutions Payment Services Provider. All payment services, including withdrawal services, will be provided by Falko Solutions Payment Services Provider.
Your Falko Solutions profile can be associated with only one account from each Falko Solutions withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Falko Solutions profile.
Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 14 days after the order is marked as complete. Majestic Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
Sellers may withdraw their revenues using one of Falko Solutions withdrawal options (see Withdrawal Section below regarding payment terms). To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.
For security concerns, Falko Solutions may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Falko Solutions accounts to a single withdrawal provider.
Withdrawals can only be made in the amount available to you.
Withdrawal fees vary depending on the withdrawal method.
Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.
In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Falko Solutions Payment Services Providers. Your Falko Solutions Balance is always derived from its US$ value and, therefore, the local currency amount of your Falko Solutions Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in US$.
Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Falko Solutions approval.

Withdrawal Methods

Withdraw to your PayPal Account. For a list of PayPal services by country click here.
Local Bank Transfer (LBT). Available worldwide.

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

Purchasing

General

Buyers pay Falko Solutions to create an order from a Seller’s Gig page or Custom Offer or Project, using the Checkout now button. Falko Solutions partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Falko Solutions Balances. All payments services in connection with the collection of funds on the Falko Solutions platform are performed by Falko Solutions Payment Services Providers which are highlighted on the checkout page.
Falko Solutions serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Falko Solutions (or its Payment Services Provider, as applicable), and Falko Solutions (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that Falko Solutions (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Falko Solutions and not the Buyer directly.
In most locations, purchases on Falko Solutions can be made by using one of the following payment methods: PayPal, Bank Transfer or existing Falko Solutions Balance. Additional payment methods may apply in certain locations.
Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. As of June 2023, the service fees are 5.5% of the purchase amount.
Your existing Falko Solutions Balance will be automatically applied to your next purchase.
You may not offer Sellers to pay, or make payment using any method other than through the Falko Solutions.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
You agree to receive invoices and/or payment receipts from Falko Solutions in electronic form as PDF documents, by email or through the Site.
To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by either Falko Solutions or Falko Solutions’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. Falko Solutions is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.
By using any payment method and/or providing payment details for making purchases on Falko Solutions, 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 Falko Solutions; and (d) such actions do not violate any applicable law.

Local Currencies

You can pay on Falko Solutions in several different currencies. For your convenience, prices will be rounded up to the closest number. At checkout, you will see the accurate amount to be paid. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by Falko Solutions’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
Note that all prices on Falko Solutions are derived always from their original US$ price and, therefore, non-US$ currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Buyers always have the option to pay in US$ by changing their currency.
If you paid for an Order in a currency other than US$ and your Order was later canceled for any reason, the amount returned to your Falko Solutions 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 Falko Solutions Balance is always valued in US$, even if it is displayed in a non-US$ currency. Therefore, should you choose to view your Falko Solutions Balance in any currency other than US$, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same US$ value. Users always have the option to view their Falko Solutions Balance in US$ by changing their selected displayed currency.

Taxes

Falko Solutions may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount Falko Solutions will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount Falko Solutions will be required to withhold will be deducted from the Seller’s revenue, as required by applicable laws.
Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment.
Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

Disputes and Cancellations

We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Falko Solutions Customer Support department for assistance here.

Basics

Order cancellations can be performed on Falko Solutions, when eligible, by Falko Solutions (via Customer Support or otherwise) or through the Resolution Center per order.
Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. 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 you encounter 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.
Falko Solutions, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.
If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s Falko Solutions Balance.
Revisions to deliveries can be performed by Sellers based on the Seller’s Gig and customer care. Sellers may determine the amount of revisions they wish to offer, including no revisions.
Requests for revisions can be performed through the Order Page while the order is marked as Delivered.
Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

Falko Solutions encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
Eligibility for requests to Falko Solutions to cancel an order will be assessed by Falko Solutions based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Falko Solutions delivery system. See below for Order specific eligibility.
Completed orders (or, where applicable, completed milestones) may be canceled, 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 canceled (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 canceled order will be returned to the Buyer’s Falko Solutions Balance and will be deducted from the Seller’s Falko Solutions Balance or, if there are no sufficient amounts in the Seller’s Falko Solutions Balance, from future revenues of such Seller.
Orders are not eligible to be canceled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Gig / Project Page. You may rate your experience with the Seller on the Order Page, including the overall level of service quality received.
You must use Falko Solutions Resolution Center to address your concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first. This does not include non-permitted usage of Falko Solutions.
Any non-permitted usage of Falko Solutions encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Falko Solutions Terms of Service.
Falko Solutions will cancel orders based on, but not limited to, the following reasons:

Active orders (after requirements were submitted to the Seller and before the Seller delivers on Falko Solutions):

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 their requirements or the Seller’s delivery.
The user is no longer an active Falko Solutions user due to Terms of Service violations or closure of their account.

Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)

The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service. Note: Multiple reported offenses will result in permanent suspension of your account.
The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
The Seller requests additional payments, on or off the Falko Solutions platform, by withholding the final delivery of services directly related to the agreed requirements.
The Seller is withholding the final delivery of services for improved ratings.
Users who abuse the Request Revisions button to gain more services from Sellers beyond the agreed requirements.
Users 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.
Users who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Seller’s Gig / Project Page and cannot be retroactively included once the order is completed for over 14 days.
Falko Solutions Customer Support will review cases of Order delivery manipulation that prevents users from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Chargebacks

Falko Solutions reviews cases of payment provider chargebacks and disputes on behalf of Sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Seller’s favor. If the chargeback case allows, Falko Solutions (or one of Falko Solutions Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller.

Refunds

Falko Solutions does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's Falko Solutions Balance and are available for future purchases on Falko Solutions.
Refunds from Buyer’s Falko Solutions Balance (i.e. refunds directly to your payment provider) can be requested from the billing page. The refund will be based on your payment method(s), amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.
Sellers may offer a partial refund with respect to a specific order to the Buyer. Upon acceptance by the Buyer of such partial refund, the amount will be automatically refunded to the Buyer‘s payment method. In the event that Falko Solutions will not be able to refund the agreed amount to Buyer’s payment method, such amount will be added to Buyer’s Falko Solutions Balance.

General Terms

Modifications

Falko Solutions may make changes to these Payment Terms from time to time. When these changes are made, Falko Solutions will make a new copy of the terms available on this page.
You understand and agree that if you use Falko Solutions after the date on which the Payment Terms have changed, Falko Solutions will treat your use as acceptance of the updated Payment Terms.

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 FALKO SOLUTIONS NOR ANY PERSON ASSOCIATED WITH FALKO SOLUTIONS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL FALKO SOLUTIONS, 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 SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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, FALKO SOLUTIONS 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 Falko Solutions, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.