zimmi Payment Terms

PAYMENT TERMS

 

Last updated September 21, 2021 

 

AGREEMENT TO TERMS

 

The following terms (these “Payment Terms”) govern payments you make or receive through www.zimmi.co (the “Site”), operated by Zimmi LLC (8 The Green, Ste. 4000, Dover, DE 19901).

Zimmi LLC (8 The Green, Ste. 4000, Dover, DE 19901) processes card payments from the U.S. Zimmi LLC is collectively referred hereto as “Zimmi” “we” or “us”.

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

 

Receiving Payments

General 

  • Each Service you sell and successfully complete, accredits your account with revenue equal to 80% of the purchase amount.

  • Zimmi accredits Sellers once an order is completed.

 

  • If an order is canceled (for any reason), the funds paid will be returned to the Buyer.

 

  • Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. The price shown on the Service page is inclusive of all such taxes and charges that may apply to the Sellers.

  • Appointment as Limited Payment Collection Agent: Seller hereby appoints Zimmi 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 Zimmi shall be considered the same as a payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by Zimmi (or its Payment Services Provider, as applicable), and Zimmi (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that Zimmi (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Zimmi and not the Buyer directly. Seller agrees that Zimmi 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 Zimmi may deem necessary or prudent.

  • Zimmi partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds. All payments services in connection with the withdrawal of funds on the Zimmi platform are performed by Zimmi’s Payment Services Providers.

 

Receiving Revenues

  • To receive your revenue, you must have an account with at least one of Zimmi's Payment Service Providers for the withdrawal methods listed below. All funds eligible for receipt will be held on your behalf at an account with Zimmi’s Payment Services Provider.  All payment services will be provided by Zimmi’s Payment Services Provider.

  • Your Zimmi profile can be associated with only one account from each Zimmi withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Zimmi profile.

  • Revenues are only made available for withdrawal following a safety clearance period of 14 days after the order is marked as complete.

  • For security concerns, Zimmi may temporarily disable a Seller’s ability to receive revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Zimmi accounts to a single withdrawal provider.

  • Revenues can only be made in the amount available to you.

  • Fees vary depending on the withdrawal method.

  • Payment deposits are final and cannot be undone. We will not be able to reverse this process once it has begun.

  • In certain cases, Sellers may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Zimmi’s Payment Services Providers. Your Zimmi Balance is always derived from its US$ value and, therefore, the local currency amount of your Zimmi Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees. Sellers always have the option to withdraw Revenues in US$.

  • Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Zimmi's approval.

Withdrawal Methods

  • Deposit to your PayPal Account - $0 Fee*. For a list of PayPal services by country click here.

  • Deposit to your Stripe account. $0 Fee.*

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

Purchasing

General

  • Buyers pay Zimmi to create an order from a Seller’s Service page, using the Cart button. Zimmi partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds. All payments services in connection with the collection of funds on the Zimmi platform are performed by Zimmi’s Payment Services Providers.

  • Zimmi 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 Zimmi (or its Payment Services Provider, as applicable), and Zimmi (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Payment Terms. In the event that Zimmi (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against Zimmi and not the Buyer directly.

  • In most locations, purchases on Zimmi can be made by using one of the following payment methods: Credit Card or PayPal. Additional payment methods may apply in certain locations.

  • You may not offer Sellers to pay, or make payment using any method other than through the Zimmi.co site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.

  • You agree to receive invoices and/or payment receipts from Zimmi in electronic form, by email or through the Site.

  • To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by either Zimmi or Zimmi’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments.  Zimmi 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 Zimmi, 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 Zimmi; and (d) such actions do not violate any applicable law.

Promo Codes

From time to time we may offer you promo codes for purchasing Services and/or other services offered on the Site, on special discounts. Promo Codes are valid only for purchases on Zimmi and are subject to different time limitations and will expire after their predefined term. To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion. Promo codes may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the promo codes. Promo codes may be voided in the event of fraud, misuse, or violation of the Terms of Service. Zimmi reserves the right to modify or cancel promo codes at any time.

Taxes

  • Zimmi may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount Zimmi will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount Zimmi will be required to withhold will be deducted from the Seller’s revenue, as required by applicable laws.

  • Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Buyer before payment. 

  • Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

Disputes and Cancellations

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

Basics

  • Order cancellations can be performed on Zimmi, when eligible or by Customer Support.

  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation of these Payment Terms. Doing so may get your account temporarily or permanently disabled. Note: Once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.

  • In the event that you encounter an issue related to the service provided in an order, you are encouraged to contact the Seller to attempt to resolve the matter.

  • Zimmi, through its Payment Services Provider, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

  • All transfer and assignment of intellectual property to the Buyer shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.

  • If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s Zimmi Wallet.

  • Revisions to deliveries can be performed by Sellers based on the Seller’s Service and customer care. Sellers may determine the amount of revisions they wish to offer, including no revisions.

  • Requests for revisions can be performed through the Member Chat.

 

  • Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

  • Zimmi encourages Buyers and Sellers to resolve service disputes mutually .

 

  • Eligibility for requests to Zimmi to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations of our Terms of Service and/or our Community Standards, general misconduct, and improper usage of the Zimmi delivery system. See below for Order specific eligibility.

  • Completed orders  may be canceled, upon review of our Customer Support team, up to 14 days after the order is marked as complete. Please be advised that orders cannot be partially canceled (i.e. we can only cancel the entire order when it is justified).

  • In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed order even after 14 days have passed from its completion. In such cases, the amounts paid for the canceled order will be returned to the Buyer’s Zimmi Wallet and will be deducted from the Seller’s Zimmi Wallet or, if there are no sufficient amounts in the Seller’s Zimmi Wallet, from future revenues of such Seller.
     

  • Orders are not eligible to be canceled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Service Page. You may rate your experience with the Seller, including the overall level of service quality received.
     

  • Any non-permitted usage of Zimmi encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Zimmi’s Terms of Service.

  • Zimmi Customer Support will cancel orders based on, but not limited to, the following reasons:

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

  • The Seller is late and unresponsive for more than 24 hours.

  • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.

  • Users supplied or included copyright/trademark infringing materials as part of their requirements or the Seller’s delivery.

  • The user is no longer an active Zimmi user due to Terms of Service violations or closure of their account.

Delivered Orders (after the Seller delivers and before the order is marked as complete)

  • 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 Zimmi platform, by withholding the final delivery of services directly related to the agreed requirements.

  • The Seller is withholding the final delivery of services for improved ratings.

  • Users who 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)

  • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

  • Users who did not purchase commercial use rights and are reported to have used the materials commercially. Note: Terms of Commercial use are found on the Seller’s Service Page and cannot be retroactively included once the order is completed.
     

Chargebacks 

Zimmi 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, Zimmi (or one of Zimmi’s Payment Services Providers) will return parts or full revenue back to Sellers, otherwise the chargeback amount will be borne by the Seller. 

Refunds

  • Zimmi does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's Zimmi Balance and are available for future purchases on Zimmi. Zimmi returns service fees to your Zimmi Wallet once an order is canceled. In any event, if the service fees were not returned to your Zimmi Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Zimmi. 

  • Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Order’s original payment amount and currency. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund, which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee.

General Terms

Modifications

  • Zimmi may make changes to these Payment Terms from time to time. When these changes are made, Zimmi will make a new copy of the terms available on this page.

  • You understand and agree that if you use Zimmi after the date on which the Payment Terms have changed, Zimmi will treat your use as acceptance of the updated Payment Terms.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Zimmi NOR ANY PERSON ASSOCIATED WITH Zimmi MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

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

Limitation on Liability

IN NO EVENT WILL Zimmi, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, Zimmi AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.

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

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Zimmi, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.