Terms of Service | Favser

Terms of Service

The following terms and conditions (these “Term of Service), govern your access and use of the Favser website, including any content, functionality and services offered on or through www.favser.com (the “Site”).

Please read the Term of Service carefully before you start use the Site. By using the Site, registering an account means you accept and agree to be bound and abide by Term of Service and our Privacy Policy. If you do not want to agree to Term of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage of the Site, please access the designated articles found on in the table of content on this page.

This Site is offered and available to users who are 18 years of age or older. If you are 18, you may use this Site only with involvement of parent or guardian. By using this Site, you represent and warrant that you are legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Site unless there is an involvement of a parent or guardian.

Please contact support@favser.com if you have any question regarding to the Site or Term of Service.


Key Terms

  1. Freelancer (Seller) is a user who offer and perform services on Favser.
  2. Buyer (Client) is a user who orders services or posts a job request on Favser.
  3. Service Post is where the Freelancer can describe the Service offered and the Service’s terms, and the Buyer can purchase the Service and create an Order.
  4. Custom Offers are exclusive proposals that a Freelancer can create in response to specific requirements of a Buyer. Post a Job Request is request made by a Buyer to receive a Custom Offer from a Freelancer.
  5. Order is the formal agreement between a Buyer and Freelancer after a purchase was made from the Freelancer’s Service Post.
  6. Messages is where Buyers and Freelancers communicate with each other in connection with an ordered Service.
  7. Revenue is the money Freelancers earn from completed orders.
  8. EXTRAS are additional services offered on top of the Freelancer’s Service for an additional price defined by the Freelancer.


Overview

  1. Services on Favser are offered from the starting price of RM15.
  2. Only registered users may hire and provide service on Favser. Registration is free.
  3. Buyer deposits their payment to Favser in advance to create an order. Favser will hold the payment on behalf on Freelancer. Favser will release the payment to the Freelancer once work is completed and delivered to Buyer.
  4. Order is purchased through the Order button found on Freelancer’s service page or through a Custom Offer.
  5. Favser will charge 20% service fee for each Order completed. The Freelancer shall receive the fund release upon work delivery and approval by Buyer.
  6. Freelancers must fulfil their order, and may not cancel the orders on a regular basis or without cause. Cancelling orders will affect Freelancer’s reputation and status.
  7. Users may not offer or accept payment using any method other than placing an order through Favser.com
  8. Buyers are granted all rights for the delivered work, unless otherwise specified by Freelancer on their service page. Note: Some services charge additional payment (through EXTRAS) for Commercial Use License. See our “Ownership” and Commercial Use License” section below for more information.
  9. Favser retains the right to use all published and delivered work for Favser marketing and promotion purposes.


Freelancer

Basics

  1. For each order received and successfully completed, Favser will credit to your account with a net revenue of 80% of the purchase amount. Favser charges a 20% service fee for any order successfully completed.
  2. Favser will accredit Freelancers once an order is completed and delivered.
  3. Revenues are only made available for withdrawal from the Revenue page upon request, and a minimum revenue of RM50 is required for withdrawal.
  4. The withdrawal will follow a safety clearance period of 3 days after the order is marked as complete.
  5. If an order is cancelled (for any reason), the funds paid will be refunded to the Buyer’s Favser account.
  6. Freelancers may withdraw their revenues via PayPal or Online Banking*.
  7. The Freelancer’s rating is calculated based on the order reviews posted by Buyers. High ratings allow Freelancers to obtain advanced Freelancer levels.
  8. All freelancers are entitle for Favser Bonus Earnings.

*Only applicable for valid and recognize Malaysia Bank Account Holder.

Service

  1. Service posted by Freelancer may be removed by Favser for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
    1. Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement
    2. Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy found here
    3. Adult oriented services, Pornographic, Inappropriate/Obscene
    4. Intentional copies of Services
    5. Spam, Nonsense, or Violent Services
    6. Services misleading to Buyers, including violations of third party terms of service
    7. Reselling of regulated goods.
  1. Service Post that is removed for violations mentioned above, may result in the removal of the Freelancer’s account.
  1. Service Post that are removed for violations are not eligible to be restored or edited.
  2. Service Post may be removed from our Search feature due to poor performance and/or user misconduct.
  3. URLs in your Service Post text that redirect to third party websites are subject to approval and may be considered inappropriate to use on Favser.
  4. Services are required to have an appropriate image related to the service offered.
  5. Services may contain an approved Video uploaded through the management tools available on Favser.
  6. Statement on the Service Page that undermine or circumvent these Terms of Service is prohibited.

Withdrawing Revenues

  1. To withdraw your revenue, your Favser revenue account must reach minimum of RM50 upon request via PayPal or Online Banking*.
  2. Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 3 days after the order is marked as complete.
  3. To withdraw your available revenue, you must click on withdrawn button to notify Favser Team.
  4. For now, there are no withdrawal fees.
  5. Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

*Only applicable for valid and recognize Malaysia Bank Account Holder.

Levels

  • New Freelancer : Each new user is entitle for
    • Maximum Job Price: RM300
    • Maximum Extra Price: RM150
    • Maximum Extra: 5 Extras
  • Level 1: New user is promoted to level 1 when revenue reaches RM250 and entitle for
    • Maximum Job Price: RM400
    • Maximum Extra Price: RM200
    • Maximum Extra: 5 Extras
  • Level 2: Level 1 freelancer is promoted to level 2 when revenue reaches RM800 is entitle for
    • Maximum Job Price: RM600
    • Maximum Extra Price: RM300
    • Maximum Extra: 7 Extras
  • Level 3: Level 2 freelancer is promoted to level 3 by invitation from Favser Team based on cancellation rate, customer review, response time and entitle for
    • Maximum Job Price: RM800
    • Maximum Extra Price: RM400
    • Maximum Extra: 10 Extras


Buyer

Basics

  1. You may not offer Freelancers to pay, or make payment using any other method than through the Favser.com site.
  2. Favser retains the right to use all published delivered works for Favser marketing and promotional purposes.
  3. Buyers may request a specific service from the Post a Job Request feature. Job requested on Favser must be an allowed job on Favser.

Purchasing

  1. Buyers pay Favser to create an order from a Freelancer’s Service Post, through the Order Now button.
  2. In addition, Buyers can Post a Job Request which addresses specific Buyer requirements, and receive a Custom Offer from eligible Freelancers through the site.
  3. Services may be purchased using PayPal, Credit Card or Online Banking*.
  4. For now, there is no processing fees.
  5. You may not offer Freelancers to pay, or make payment using any method other than through the Favser.com site. In case you have been asked to use an alternative payment method, please report it immediately to support@favser.com


Orders

Basics

  1. Once payment is confirmed, your order will be created and you shall be given a unique order number.
  2. Freelancers must deliver the services ordered and attach completed files delivery via Favser Messenger according to the service that was purchased and advertised on their Service Post.
  3. An order is marked as complete after the order is marked as Delivered and rated by a Buyer.
  4. We encourage our Buyers and Freelancers to try and settle conflicts among themselves. If for any reason this fails, users can log a ticket to Support Center for assistance.

Handling Orders

  1. When a Buyer orders a Service, the Freelancer is notified by email as well as notifications on the site while logged into the account.
  2. Freelancer is required to meet the delivery time they specified when creating their Service Post. Failing to do so will allow the Buyer to cancel the order and may harm the Freelancer’s rating.
  3. Freelancer must send completed files via Favser Conversation Page in order to mark the service as Delivered.
  4. Users are responsible for scanning all transferred files for viruses and malware. Favser will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  5. Freelancer may cancel an order without the Buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the Freelancer’s rating.
  6. Buyers may request for further modification while an order is marked as Delivered if the delivered materials do not match the Freelancer’s description on their Service Page or the requirements sent to the Freelancer at the beginning of the order process.

Reviews

  1. Feedback reviews provided by Buyer while completing an order are an essential part of Favser’s rating system. Reviews demonstrate the Buyer’s overall experience with the Freelancers and their service. Buyers are encouraged to communicate to the Freelancer any concerns experienced during their active order in regards to the service provided by the Freelancer.
  2. 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.
  3. To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Favser platform from users within our Community. Purchases arranged, determined to artificially enhance Freelancer ratings, or to abuse the Favser platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  4. Feedback comments given by Buyer are publicly displayed on a Freelancer’s Service page. Buyer has the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback.
  5. Withholding the delivery of services, files, or information required to complete the Service with the intent to gain favorable reviews or additional services is prohibited.

Cancellations

  1. We encourage our Buyers and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails, users can log a ticket to Support Center for assistance.
  2. Eligibility to cancel an order will be assessed by Favser Support Team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Favser delivery system.
  3. Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Freelancer if the Service was rendered as described in the Service page. Buyers may rate their experience with the Freelancer on the Order page, including the overall level of service quality received.
  4. Favser reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

Refunds

Favser does not refund payments made for cancelled orders into to your payment provider automatically. Funds from order cancellations are refunded to the Buyer’s Favser account balance as credit and are available for future purchases on Favser*. Buyer may request withdrawal only if Favser account balance meets RM50 or more.

*Buyer may raise a special request to Favser Team Support to withdrawn refund payment with a valid reason. This subject to term and condition.

User Conduct

Favser enables people around the world to create, share, sell and purchase nearly any service they need at an affordable value. Services offered on Favser reflect the diversity of an expanding Favser economy. Favser maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Favser. This section relates to the expected conduct users should adhere to while interacting with each other on Favser.

Basics

  • To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers, bank account number or any other personal contact details to communicate outside of Favser in order to circumvent or abuse the Favser messaging system or Favser platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
  • Favser does not provide any guarantee of the level of service offered to Buyers. You may log ticket to us if any dispute case raise.
  • Favser does not provide protection for users who interact outside of the Favser platform or those who are actively violating our Terms of Service.
  • All information and file exchanges must be performed exclusively on Favser’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.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to Favser Team by logging in a ticket to Support Center. All cases are reviewed by our team. To protect individual privacy, the results of the investigation are confidential.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Favser 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 becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

  1. Adult Services & Pornography – Favser does not allow any exchange of adult oriented or pornographic materials and services.
  2. Inappropriate Behavior & Language – Communication on Favser should be friendly, constructive, and professional. Favser 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 Social Media pages.
  3. Phishing and Spam – Favser 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 member’s privacy by not contacting them for commercial purposes without their consent.
  4. 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. Freelancer 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 Favser will not be protected by our Terms of Service.
  5. Intellectual Property Claims – Favser will respond to clear and complete notices of alleged copyright or trademark infringement.
  6. Fraud / Unlawful Use – You may not use Favser for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

  1. Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account created, deemed to circumvent guidelines, promote competitive advantages, or mislead the Favser community will be disabled. Mass account creation may result in disabling of all related accounts. Note: Any violations to Favser’s Terms of Service is cause for permanent suspension of all accounts.
  2. Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Favser. This includes creating new multiple accounts to harass members through our message or ordering system.
  3. Selling Accounts – You may not buy or sell Favser accounts.

General Term

Here are some general term guidelines:

  1. Violation of Favser’s Term of Service may get your account blocked permanently.
  2. Favser reserves the right to put any account on hold or permanently cancel the account due to breach of these term or any illegal or inappropriate use of the site or services. Users with accounts on hold will not be able to sell or buy on Favser.
  3. Users who have violated our Term of Service and have their account blocked may contact us for more information surrounding the violation and status of the account.
  4. Freelancers advertising their Service online must comply with the laws and term of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of Service Page and may lead to suspension of Freelancer’s account.
  5. By offering a service, the Freelancer undertakes that he has sufficient permissions, rights and/or licenses to provide, sell or resell the service that they offer on Favser.
  6. Favser may make changes to its Term of Service from time to time. When these changes are made, Favser will make a new copy of the term of service available on this page.
  7. You understand and agree that if you use Favser after the date on which the Term of Service have changed, Favser will treat your use as acceptance of the updated Term 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 Favser by our users (Buyers and Freelancers) is User Generated Content. Fasver does not check user uploaded/created content for appropriateness, violation 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, Favser is not responsible for the content, quality or the level of service provided by the Freelancers. We provide no warranty with respect to the Services posted, their delivery, and any communication between Buyers and Freelancers. We encourage users to take advantage of our rating system, review system and common sense in choosing appropriate service offers.

By offering a service, the Freelancer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Favser. Freelancers advertising their Service online must comply with laws and term of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the service offered and may lead to the suspension of the Freelancer’s account.


Ownership

Ownership and limitations: Unless clearly stated otherwise on the Freelancer’s service page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limit to, copyrights for the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the Malaysia Copyright Act. In the event the delivered work does not meet the requirement of work-for-hire or when Malaysia Copyright Act does not apply, the Freelancer 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 Service 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 Buyer, and Freelancer assigns all rights, title and interest in the delivered work. Some Services (including for custom created work) charge additional payments (through service EXTRAS) for a Commercial Use License. This means that if you purchase the Service for personal use, you will own all rights you require for such use, and will not need 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 Commercial Use License through a Service EXTRAS and will have broader rights that cover your business use.

Freelancers further confirm that whatever information they receive from Buyer, which is not public domain, shall be kept confidential and shall not share or used for any purpose whatsoever other than for the delivery of the ordered work to Buyer.

Furthermore, users (both Buyers and Freelancers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Favser, including Service text, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Favser for no consideration for marketing and/or other purposes.


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 ITEM 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 FAVSER NOR ANY PERSON ASSOCIATED WITH FAVSER MAKES ANY WARRANTY OR REPRESENTATIVE 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.

Limitation on Liability

IN NO EVENT WILL FAVSER, ITS AFFILIAATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICER 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 WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, 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 LIABLITY WHICH CANNOTBE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

(Last update on 1st May 2017)