Terms of Service

Nyamga’s Terms of Service

Last Update: May 2022

Welcome to Nyamga.com. Nyamga.com is a marketplace platform for services performed by its users.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the Nyamga website, including any content, functionality and services offered on or through nyamga.com (the “Site”), by Nyamga, as applicable.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Nyamga 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.

Key Terms

Jobs are services offered on Nyamga .

Sellers are users who offer and perform services through Jobs on Nyamga .

Buyers are users who purchase services on Nyamga .

Jobs Page is where the seller can describe their Jobs and the Job’s terms, and the buyer can purchase the Jobs and create an order.

Jobs Extras are additional services offered on top of the Seller’s Jobs for an additional price defined by the Seller.

Jobs Multiples are additional quantities of unique orders from the seller’s Jobs .​

Jobs Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over €5 resp. 5000 FCFA.​

Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.

Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.

Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Jobs Page.

Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Jobs .

Disputes are disagreements experienced during an order between a buyer and seller on Nyamga.

Revenue is the money Sellers earn from completed orders.

Sales Balance is cleared revenue from completed orders for Sellers to withdraw or use to purchase Jobs .

Shopping Balance is shopping credit collected from cancelled orders or Nyamga promotions to be used for purchasing Jobs .

Overview (Main terms, in a nutshell)

• Only registered users may buy and sell on Nyamga. Registration is free.
• Jobs on Nyamga may be offered at a base starting price of €5 resp. 5000 FCFA. Some Jobs are offered at a base price of more than €5 resp. 5000 FCFA as determined by the seller.
• Buyers pay Nyamga in advance to create an order.
• Orders are purchased through the Order button found on a seller’s Jobs page or through a Custom Offer.
• For fees and payments please read the purchasing section here.
• Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
• Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Jobs Extras, or selling their Jobs in multiples.
• Users may not offer or accept payments using any method other than placing an order through Nyamga.com.
• Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Jobs page. Note: some Jobs charge additional payments (through Jobs Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
• Nyamga retains the right to use all published delivered works for Nyamga marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Sellers

Basics

• Sellers create Jobs  on Nyamga to allow Buyers to purchase their services.
• Sellers may also offer Custom Offers to Buyers in addition to their Jobs .
• Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount.
• Nyamga accredits Sellers 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 refunded to the buyer’s Shopping Balance.
• 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. Top Rated Sellers and Pro Sellers are eligible to withdraw revenue following a safety clearance period of 7 days after the order is marked as complete.
• Sellers may not promote their Jobs or any Nyamga content via the AdWords platform.
• Sellers may withdraw their revenues using one of Nyamga’s withdrawal options.
• The seller’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Sellers to obtain advanced seller levels (see Levels below).
• For security concerns, Nyamga 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 Buyers, or associating multiple Nyamga accounts to a single withdrawal provider.
• 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. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The Jobs price shown on the Jobs page is inclusive of all such taxes and charges that may apply to the Sellers.

Jobs

• Sellers are allowed to post a select amount of active Jobs based on their Level status.
  • 7 Jobs for Sellers without a Level status.
  • 10 Jobs for Level 1 Sellers.
  • 20 Jobs for Level 2 Sellers.
  • 30 Jobs for Top Rated Sellers.
• Jobs created on Nyamga are User Generated Content.
• Jobs may be removed by Nyamga 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 Jobs
  • Spam, Nonsense, or Violent Jobs
  • Jobs misleading to Buyers
  • Reselling of regulated goods
  • Services that extend beyond 30 days of service duration
• Jobs that are removed for violations mentioned above, may result in the suspension of the seller’s account.
• Jobs that are removed for violations are not eligible to be restored or edited.
• Jobs may be removed from our Search feature due to poor performance and/or user misconduct.
• Jobs may include pre-approved website URLs contained within the Jobs description and requirements box. Jobs containing websites promoting content, which violates Nyamga’s Terms of Service, will be removed.
• Jobs are required to have an appropriate Jobs image related to the service offered. An option to upload two additional Jobs images are available to all Sellers.
• Jobs may contain an approved Jobs Video uploaded through the Jobs management tools available on Nyamga.
• Statements on the Jobs Page that undermine or circumvent these Terms of Service is prohibited.
• Eligible Jobs and Sellers may price their Jobs at a base price beyond €5 resp. 5000 FCFA. Base prices on Jobs can be set to to €5, €25, €50 and €100 (5000 FCFA, 25.000FCFA, 50.000 FCFA et 100.000 FCFA).
• Eligible Jobs in select Categories may set up Jobs Packages to offer their services in structured formats with multiple price points for the selected Jobs .

Jobs Extras

• Jobs Extras are additional services offered on top of the Seller’s Jobs for an additional price defined by the Seller.
• Jobs Extras may be removed for violations of our Terms of Service. For specific terms, please see the Jobs section above for a list of services that violate our Terms of Service. Jobs are subject to be removed due to violations found in Jobs Extras.
• The amount of Jobs Extras, which can be offered, and the price for each Jobs Extra, is based on your seller Level. More information surrounding your accounts eligibility for Jobs Extras can be found here.
• Services offered through Jobs Extras must be related to the base service and part of the deliverables on the order.
• Jobs Extras may cover different categories of services that are components to a higher quality delivered service.
• Sellers have the option to extend the duration of an order for each Jobs Extra that is added to the order. This is to cover the time needed to complete the extra service.

Levels

Nyamga is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Nyamga may reward them with new statuses, special opportunities, benefits, and tools that come with it.

• Nyamga Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
• Advancement in Levels are updated periodically by an automated system.
• The current Levels a seller can achieve are, Level 1, 2, and Top Rated.
• Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries, warnings to the seller’s account and cancellations can cause a seller to move to a different Level.
• Advanced levels provide their owners with additional benefits, including offering Jobs for higher prices through Jobs Extras, or selling their Jobs in multiples.

Top Rated Sellers

• Top Rated Sellers are chosen manually by Nyamga 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.
• Top Rated eligibility is constantly evaluated by Nyamga to ensure that the quality standards and expectations of the Top Rated selection is kept. Nyamga retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers 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 Top Rated status and the benefits that come with it.

Pro Sellers

• Pro Sellers are pre-verified professionals who undergo a vetting process by Nyamga editors. Applying for Nyamga Pro is open to everyone: professional freelancers who are new to Nyamga, as well as existing Nyamga Sellers.
• Pro Sellers eligibility is constantly evaluated by Nyamga to ensure that the quality standards and expectations of the Pro Seller selection is kept. Nyamga retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers 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 Pro status and the benefits that come with it.

Seller Features

Nyamga Sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

• Sellers can also send Custom Offers addressing specific requirements of a buyer.
• Custom Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
• Custom Offers are sent from the conversation page.
• Services provided through Custom Offers may not violate Nyamga’s Terms of Service.
• Project Milestones:
  • Custom Offers above €100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
  • A milestone is marked as Complete after it is delivered by the seller and then accepted by the buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the order will be stopped and all further milestones will be cancelled.
  • Once a milestone is delivered, Buyers may choose to either continue with the order and pay for the next milestone, or to stop the order. Please note that if you choose to stop the order, the current delivered milestone will not be cancelled.

Nyamga Anywhere

• Nyamga Anywhere is a feature that allows Sellers to send Custom Offers outside of Nyamga.
• Services offered through Nyamga Anywhere must comply with our Terms of Service.
• Users accessing and purchasing from a Nyamga Anywhere offer that are not already members of Nyamga, will be required to register with Nyamga to create an order.
• Sellers are required to deliver proof of completion of services in the order page. Please see our Orders section for further details.
• Communication for handling orders should be performed on Nyamga, through the order page. Users who engage and communicate off of Nyamga will not be protected by our Terms of Service.

Stock Images

• Eligible Jobs have the option to use Stock Images.
• “Stock Images” is a Jobs Extra that allows Sellers to choose from an exclusive catalog of images as part of the final delivery of work.
• Sellers earn 25% of revenue from the Stock Images Extra, for completed orders only.
• Important: Each selected Stock Image is authorized for a one time use. The selected image is integrated with the delivered work only and not as a stand-alone or for recurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party.
• Important: If you cancel an order that includes a Stock Image, the usage of that Stock Image will be cancelled as well and you will no longer be able to use the Stock Image Extra on the same order.
• All Stock Images are licensed by GettyImages®, who has full ownership and copyrights to the Stock Images provided on Nyamga and shall be responsible for all Stock Images and their quality.
• When using Stock Images, you represent and warrant the following:
  • You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.
  • Stock Image(s) may not be used:
    • on a stand-alone basis with no other content;
    • for pornographic, defamatory or other unlawful purposes;
    • as templates used to create multiples copies of the same Jobs ;
    • for the purpose of enabling file-sharing of the image file; or
    • in logos, trademarks, services marks or any other branding or identifiers.
  • If Stock Images featuring individuals is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
  • You may not activate the “right-click” function in Stock Images, remove any metadata in Stock Images, or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Images on a stand-alone basis.
  • No ownership or copyrights to Stock Images are granted to you.
• Users can contact Nyamga’s customer support department for assistance at support@Nyamga.com.

Shipping Physical Deliverables

Some of the services on Nyamga are delivered physically (arts and crafts, collectable items, etc.). For these types of Jobs , Sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

• Jobs that include shipping costs must have physical deliverables sent to Buyers.
• Shipping costs added to a Jobs only pertains to the cost Sellers require to ship physical items to Buyers.
• Important: Buyers who purchase Jobs that require physical delivery, will be asked to provide a shipping address.
• Sellers are responsible for all shipping arrangements once the buyer provides the shipping address.
• Nyamga 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.

Printing Services

• Some of the services on Nyamga can be printed and physically delivered (Business Cards, Canvas/Poster Prints, T-Shirts, Flyers, Stationery, etc.).
• Important: Buyers who use the Printing Services that require physical delivery, will be asked to provide a shipping address.
• Printing Services are powered by VistaPrint and subject to VistaPrint terms of use, who shall be responsible for packing shipping, tracking, quality, and condition of items or their delivery. Nyamga 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. Users can contact Nyamga’s customer support department for assistance at support@Nyamga.com.
• You can use the Printing Services for delivered work, to which you own all right, title, and interest. Such delivered work must not contain any libelous or otherwise illegal content, and does not actually or potentially infringe or misappropriate the copyright, trademark, or proprietary or intellectual property right of any person. You can report any claims of copyright infringement (DMCA notices) or trademark infringement in accordance with our Intellectual Property claims procedures that can be reviewed here.
• Upon completion of a Printing Order, Buyer will receive a confirmation email containing a Printing Order ID as well as the specific details of the Printing Order.
• By using the Printing Services you hereby grant to Nyamgaand VistaPrint, a non-exclusive, worldwide, royalty-free sub-license to edit, modify, adapt, translate, exhibit, publish, transmit, copy, prepare derivative works from, distribute, perform, display and use any delivered work in order to perform the Printing Services.
• Users can contact Nyamga’s customer support department for assistance at support@Nyamga.com.

Withdrawing Revenues

• To withdraw your revenue, you must have an account with at least one of Nyamga’s withdrawal methods.
• Your Nyamga profile can be associated with only one account from each Nyamga withdrawal methods. A withdrawal provider account can be associated with only one Nyamga 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. Top Rated Sellers are eligible to withdraw revenue following a safety clearance period of 7 days 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 refund or change this process once it has begun.

Withdrawal Methods

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

Buyers

Basics

• You may not offer direct payments to Sellers using payment systems outside of the Nyamga Order system.
• Nyamga retains the right to use all publically published delivered works for Nyamga marketing and promotional purposes.
• Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on Nyamga must be an allowed service on Nyamga. Please click here for guidelines on approved services.

Purchasing

• Buyers pay Nyamga to create an order from a seller’s Jobs page or Custom Offer, using the Order Now button.
• In addition Buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from Sellers through the site or through Nyamga Anywhere.
• Jobs may be purchased using one of the following payment methods: Credit Card, PayPal, Mobile Money or international money transfer (Western Union, Worldremit, Moneygram).
• 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 January 2021, the current fees assessed to the total purchase amount are 20% on purchases up to €100 resp. 100.000 FCFA and 10% on purchases above €100 resp. 100.000 FCFA. 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.
• If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
• In certain locations we may charge buyers in their local currency. Buyers should note, however, that the Jobs ’ local pricing is derived from converting their original price and, therefore, local currency prices may change daily in accordance with exchange rates fluctuations.
• You may not offer Sellers to pay, or make payment using any method other than through the Nyamga.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support at support@Nyamga.com.
• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from Buyers on the Site or transferring payments to Sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

Business Tools

• Business Tools helps you and your team to better manage your purchases and projects on Nyamga. Through Business Tools, Buyers 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 Buyers at any time. It should be noted, however, that removing a buyer from a business team does not delete or affect their Nyamga account in any way, but only removes them from the administrator’s business team.
• Buyers are asked to confirm their invitation to a business team before joining. Buyers 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 Buyers using the team’s payment method will be issued solely according to the billing information defined by the administrator.

Taxes

Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Jobs price shown on the Jobs page.

Buyers 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 to Nyamga following any direct or indirect taxes, levy, withholding tax and/or deductions.

Orders

Basics

• Once payment is confirmed, your order will be created and given a unique Nyamga order number (#FO).
• Sellers 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 Jobs .
• Using the Deliver Work button may not be abused by Sellers 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 seller’s rating and result in a warning to seller.
• An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
• 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 Nyamga ‘s Customer Support department for assistance at support@Nyamga.com.

Handling Orders

• When a buyer orders a Jobs , the seller is notified by email as well as notifications on the site while logged into the account.
• Sellers are required to meet the delivery time they specified when creating their Jobs . Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller’s status.
• Sellers 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. Nyamga will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s status.
• Buyers 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 seller’s description on their Jobs page or they do not match the requirements sent to the seller at the beginning of the order process.

Reviews

• Feedback reviews provided by Buyers while completing an order are an essential part of Nyamga ‘s rating system. Reviews demonstrate the buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
• Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
• To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Nyamga platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Nyamga platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
• Feedback comments given by Buyers are publicly displayed on a seller’s Jobs page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
• Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a seller’s Live Portfolio on their Jobs page if the buyer chooses to publish the Work Sample while providing a public feedback review.
• Withholding the delivery of services, files, or information required to complete the Jobs ’s service with the intent to gain favorable reviews or additional services is prohibited.
• Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review (or 14 days for Jobs with shipping). 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 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.

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 Nyamga ‘s Customer Support department for assistance at support@Nyamga.com.

Basics

• Order cancellations can be performed on Nyamga , 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 disabled to investigate possible security violations. 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 or seller 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.
• Nyamga 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 for the Jobs 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 refunded to the buyer’s shopping balance.
• Revisions to deliveries can be performed by Sellers based on the seller’s Jobs and customer care. Sellers may determine the amount of revisions offered to Buyers, 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

• Nyamga encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
• Eligibility for requests to Nyamga 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 Nyamga 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.
• Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Jobs page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
• Buyers must use Nyamga Resolution Center to address their 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 Buyers 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 Nyamga .
• Any non-permitted usage of Nyamga 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 Nyamga ’s Terms of Service.
• Nyamga 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 Nyamga )
    • 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.
    • The user is no longer an active Nyamga 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 to Buyers. 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 Nyamga 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.
    • 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 Jobs page and cannot be retroactively included once the order is completed for over 14 days.
    • Nyamga Customer Support will review cases of Order delivery manipulation that prevents Buyers and Sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

• Nyamga does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on Nyamga . Funds returned to your balance from cancelled orders will not include service fees paid.
• Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. 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. If any service fees were added at the time of purchase to create a new order, the service fees from that payment will not be refunded along with your deposit.

User Conduct And Protection

Nyamga enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Nyamga reflect the diversity of an expanding Jobs economy. Members of the Nyamga community communicate and engage through orders, social media, and on Nyamga ’s Community Forums.

Nyamga maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Nyamga . This section relates to the expected conduct users should adhere to while interacting with each other on Nyamga .

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team at support@Nyamga.com.

Basics

• 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 Nyamga in order to circumvent or abuse the Nyamga messaging system or Nyamga platform is not permitted.
• Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
• Nyamga does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the order page.
• Nyamga does not provide protection for users who interact outside of the Nyamga platform.
• All information and file exchanges must be performed exclusively on Nyamga ‘s platform.
• Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
• The Nyamga marketplace 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.

Orders

• Users with the intention to defame competing Sellers 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 Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
• Nyamga 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, Nyamga will return parts or full revenue back to Sellers.

Jobs

• Users may report Jobs to Customer Support that may be in violation of Nyamga ’s Terms of Service based on the reported Jobs ’s replicated similarity to pre-existing services (copycat Jobs ).
• Nyamga will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

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.

Non-Permitted Usage

Adult Services & Pornography – Nyamga does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Nyamga should be friendly, constructive, and professional. Nyamga 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 – Nyamga 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 Nyamga will not be protected by our Terms of Service.

Intellectual Property Claims – Nyamga 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 Nyamga 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 Nyamga community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Nyamga ’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 Nyamga . This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Nyamga accounts.

General Terms

• Nyamga 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 Nyamga ‘s Terms of Service may get your account disabled permanently.
• Users with disabled accounts will not be able to sell or buy on Nyamga .
• 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.
• 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 Nyamga ‘s approval.
• Disputes should be handled using Nyamga ‘s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Nyamga Customer Support.
• Nyamga  may make changes to its Terms of Service from time to time. When these changes are made, Nyamga will make a new copy of the terms of service available on this page.
• You understand and agree that if you use Nyamga  after the date on which the Terms of Service have changed, Nyamga 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 Nyamga by our users (Buyers and Sellers) is User Generated Content. Nyamga 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, Nyamga is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Jobs , their delivery, and any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Jobs 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 is offered on Nyamga . Sellers advertising their Jobs 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 Jobs 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

Ownership and limitations: Unless clearly stated otherwise on the seller’s Jobs 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. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Jobs 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 buyer, and seller assigns all rights, title and interest in the delivered work. Some Jobs (including for custom created work) charge additional payments (through Jobs Extras) for a Commercial Use License. This means that if you purchase the Jobs 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 Jobs Extra and will have broader rights that cover your business use.

For Voice Over Jobs , when the work is delivered, and subject to payment, the buyer is purchasing basic rights, (which means the buyer is paying a one time 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 Jobs 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 Jobs Extra. For further information on the type of buy-outs, please read below.

Sellers further confirm that whatever information they receive from the buyer, 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 Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Nyamga , including Jobs texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Nyamga for no consideration for marketing and/or other purposes.

Voice Over Commercial Buy-Out

When purchasing a Voice Over Jobs , 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 Seller 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 Nyamga ‘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 Nyamga 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 Seller 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 Nyamga ’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 Nyamga 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 NYAMGA NOR ANY PERSON ASSOCIATED WITH NYAMGA 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.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY DEEPL . DEEPL 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 Deepl 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 NYAMGA , 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.

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