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Terms and Conditions

Welcome to Splash

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 16 years of age or older. If you are under 16 you may not use this Site or the Splash 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.

Sellers

Basics

  • Sellers create Offers® on Splash to allow Buyers to purchase their services.
  • Sellers may also offer Custom Offers to Buyers in addition to their Offers.
  • Each order you sell and successfully complete, accredits your account with a net revenue of 90% of the purchase amount.
  • Splash 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 returned to the Buyer’s Splash 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 Offers or any Splash content via the AdWords platform.
  • Sellers may withdraw their revenues using one of Splash’s withdrawal options (see Withdrawal Section below regarding payment terms).
  • 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). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
  • For security concerns, Splash 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 Splash 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 Offer price shown on the Offer page is inclusive of all such taxes and charges that may apply to the Sellers.
  • Appointment as Limited Payment Collection Agent: Seller hereby appoints Splash 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 Splash shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Splash (or its Payment Services Provider, as applicable), and Splash (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Splash (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Splash and not the Buyer directly. Seller agrees that Splash 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 Splash may deem necessary or prudent.
  • Splash partners with Payment Services Providers for purposes of collecting Offer-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Sales Balances. All payments services in connection with the withdrawal of funds on the Splash platform are performed by Splash’s Payment Services Providers.

Offers

  • Offers created on Splash are User Generated Content.
  • Offers may be removed by Splash 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
    • Adult-oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Offers
    • Spam, Nonsense, or Violent Offers
    • Offers misleading to Buyers
    • Reselling of regulated goods
    • Offering to prepare academic works on behalf of Buyers
    • Services that extend beyond 30 days of service duration
    • Exceedingly low-quality Offers
  • Offers that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
  • Offers that are removed for violations are not eligible to be restored or edited.
  • Offers may be removed from our Search feature due to poor performance and/or user misconduct.
  • Offers may include pre-approved website URLs contained within the Offer description and requirements box. Offers containing websites promoting content, which violates Splash’s Terms of Service, will be removed.
  • Offers are required to have an appropriate Offer image related to the service offered. An option to upload two additional Offer images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Offer images. Recurring deliveries that don’t match the quality shown on the Offer images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
  • Offers may contain an approved Offer Video uploaded through the Offer management tools available on Splash.
  • Statements on the Offer Page that undermine or circumvent these Terms of Service is prohibited.
  • Eligible Offers in select Categories may set up Offer Packages to offer their services in structured formats with multiple price points for the selected Offer.

Withdrawing Revenues

  • To withdraw your revenue, you must have an account with at least one of Splash’s Payment Service Providers for the withdrawal methods. All funds eligible for Withdrawal will be held on your behalf at an account with Splash’s Payment Services Provider. All payment services, including withdrawal services will be provided by Splash’s Payment Services Provider.
  • Your Splash profile can be associated with only one account from each Splash withdrawal methods. A Payment Service Provider withdrawal account can be associated with only one Splash profile.
  • Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 7 days after the order is marked as complete. 
  • To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process
  • Withdrawals can only be made in the amount available to you.
  • Withdrawal fees vary depending on the withdrawal method.
  • Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.

Buyers

Basics

  • You may not offer direct payments to Sellers using payment systems outside of the Splash Order system.
  • Splash retains the right to use all publicly published delivered works for Splash marketing and promotional purposes.
  • Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard. Services requested on Splash must be an allowed service on Splash.  Users should refrain from using the Post a Request feature for any purpose other than looking for services on Splash.

Purchasing

  • Buyers pay Splash to create an order from a Seller’s Offer page or Custom Offer, using the Order Now button. Splash partners with Payment Services Providers for purposes of collecting Offer-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Splash Balances. All payments services in connection with the collection of funds on the Splash platform are performed by Splash’s Payment Services Providers.
  • Splash 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 Splash (or its Payment Services Provider, as applicable), and Splash (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that Splash (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Splash and not the Buyer directly.
  • 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 Splash Anywhere.
  • In most locations, Offers may be purchased on Splash by using one of the following payment methods: Credit Card, Direct Transfer or existing Splash Balance.
  • 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 February 2019, the current fees assessed to the total purchase 5% on purchases..
  • Your existing Splash 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 Splash.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Splash or Splash’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. Splash 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 Splash, 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 Splash; and (d) such actions do not violate any applicable law.

Order Cancellations

  • Splash encourages Buyers and Sellers to resolve service disputes mutually using the Resolution Center.
  • Eligibility for requests to Splash 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 Splash delivery system. See below for Order specific eligibility.
  • Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete. Please be advised that orders cannot be partially cancelled (i.e. we can only cancel the entire order when it is justified).
  • In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Buyer’s Splash Balance and will be deducted from the Seller’s Splash Balance or, if there are no sufficient amounts in the Seller’s Splash Balance, from future revenues of such Seller.
  • 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 Offer page. Buyers may rate their experience with the Seller on the order page, including the overall level of service quality received.
  • Buyers must use Splash 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 Splash.
  • Any non-permitted usage of Splash 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 Splash’s Terms of Service.
  • Splash 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 Splash)
      • 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 Splash 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 Splash 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 Offer page and cannot be retroactively included once the order is completed for over 14 days.
      • Splash 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

  • Splash does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s Splash Balance and are available for future purchases on Splash. Until January 1, 2019, funds returned to your Splash Balance from cancelled orders will not include service fees paid. As of January 1, 2019, Splash returns service fees to your Splash Balance once an order is cancelled. In any event, if the service fees were not returned to your Splash Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Splash.
  • Deposit refunds, when available from the payment provider, can be performed by our Customer Support team (based on the Order’s original payment currency). To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.