Biaton's Terms of Service

Last update: May 2018

Welcome to Biaton.no. Biaton.no 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 Biaton website and Biaton app, including any content, functionality and services offered on or through www.Biaton.no (the "Site"), by Biaton AS. (Gjerdevegen 11, Ellingsøy), 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, 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 Biaton 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.

Key Terms

PROVIDER are users who offer and perform services through on Biaton.
BUYERs are users who purchase services on Biaton.
ORDERs are the formal agreement between a BUYER and PROVIDER after a purchase was made from the PROVIDER’s service Page.
ORDER PAGE is where BUYERs and PROVIDERs communicate with each other in connection with an ORDERed service
DISPUTES are disagreements experienced during an ORDER between a BUYER and PROVIDER on Biaton.
REVENUE is the money PROVIDERs earn from completed ORDERs.

Overview (Main terms, in a nutshell)

Only registered users may buy and sell on Biaton. Registration is free.
Services on Biaton may be offered at a base starting price of NOK50.
BUYERs pay Biaton in advance to create an ORDER.
ORDERs are purchased through the ORDER button found on a PROVIDER’s service page or through.
Biaton collects fees from transactions to run the platform
PROVIDERs must fulfill their ORDERs, and may not cancel ORDERs on a regular basis or without cause. Cancelling ORDERs will affect PROVIDERs’ reputation and status.
Users may not offer or accept payments using any method other than placing an ORDER through Biaton.no or Biaton App.
Biaton retains the right to use all published delivered works for Biaton marketing and promotion purposes.
We care about your privacy. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

PROVIDERs

Basics

PROVIDERs create services on Biaton to allow BUYERs to purchase their services.
Each ORDER you sell and successfully complete, accredits your account with a net REVENUE.
Biaton accredits PROVIDERs once an ORDER is confirmed by the BUYER or seven days after being marked complete
If an ORDER is cancelled (for any reason), the funds reserved will be freed to the BUYER.
REVENUEs are withdrawn the 1th of the following month.
The PROVIDER's rating is calculated based on the ORDER reviews posted by BUYERs..
For security concerns, Biaton may temporarily disable a PROVIDER’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 Biaton accounts to a single withdrawal PROVIDER.

Services

PROVIDERs in good standing are allowed to post services
Services created on Biaton are 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 Biaton by our users (BUYERs and PROVIDER) is User Generated Content. Biaton 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.
Services may be removed by Biaton 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 Services
- Spam, Nonsense, or Violent Services
- Services misleading to BUYERs
- Reselling of regulated goods
- Services that extend beyond 30 days of service duration
Services that are removed for violations mentioned above, may result in the suspension of the PROVIDER’s account.
Services that are removed for violations are not eligible to be restored or edited.
Services may be removed from our Search feature due to poor performance and/or user misconduct.
Services may not include website URLs contained within the service description. Services containing websites promoting content, which violates Biaton’s Terms of Service, will be removed.
Services are required to have an appropriate service image related to the service offered. An option to upload two additional service images are available to all PROVIDERs.
Services may contain an approved service Video uploaded through the service management tools available on Biaton.
Statements on the service Page that undermine or circumvent these Terms of Service is prohibited.
Eligible Services and PROVIDERs may price their Services at a base price beyond NOK 50.
Eligible Services in select Categories may set up service Packages to offer their services in structured formats with multiple price points for the selected service.
Furthermore, Biaton is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Services, 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 service offers.

Service Extras

Service Extras are additional services offered on top of the PROVIDER’s service for an additional price defined by the PROVIDER. This will be implemented in a later stage of the development.
Services offered through service Extras must be related to the base service and part of the deliverables on the ORDER.
Service Extras may cover different categories of services that are components to a higher quality delivered service.

Stripe services agreement acceptance required

Biaton uses Stripe services for REVENUE management with PROVIDERs.

Payment processing services for PROVIDERS on BIATON PLATFORM are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to BIATON's Terms of Use or continuing to operate as a PROVIDER on BIATON PLATFORM, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of BIATON PLATFORM enabling payment processing services through Stripe, you agree to provide BIATON PLATFORM accurate and complete information about you and your business, and you authorize BIATON PLATFORM to share it and transaction information related to your use of the payment processing services provided by Stripe.

Withdrawing REVENUEs

To withdraw your REVENUE, you must have an account on your profile page
REVENUEs are withdrawn the 1st the following month after the REVENUE was accumulated, with a 7 day safety clearance period.
Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

BUYERs

Basics

You may not offer direct payments to PROVIDERs using payment systems outside of the Biaton ORDER system..
Biaton retains the right to use all publically published delivered works for Biaton marketing and promotional purposes.
Services on Biaton must be an allowed service on Biaton.

Purchasing

BUYERs pay Biaton to create an ORDER from a PROVIDER’s service page or Custom Offer, using the ORDER Now button.
Services may be purchased using Visa, MasterCard, American Express, Credit-, Debit cards.
Processing fees are added at the time of purchase where a BUYER can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. Funds returned to your balance from cancelled ORDERs will not include processing fees paid.
You may not offer PROVIDERs direct payment, or make payment using any method other than through the Biaton.no site or Biaton App. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.
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 PROVIDERs 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.

ORDERs

Basics

Once payment is confirmed, your ORDER will be created and given a unique Biaton ORDER number.
An service 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 7 days after marked as Delivered.
We encourage our BUYERs and PROVIDERs to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Biaton's Customer Support department for assistance.

Handling ORDERs

When a BUYER ORDERs a service, the PROVIDER is notified by a push notification.
A PROVIDER may cancel an ORDER without the BUYER's consent at any given moment (Force Cancellation). However, this will have a negative effect on the PROVIDER's status.
A BUYER may cancel an ORDER without the BUYER's consent at any given moment. However, this will have a negative effect on the BUYER's status.

Reviews

Feedback reviews provided by BUYERs while completing an ORDER are an essential part of Biaton's rating system. Reviews demonstrate the BUYER's overall experience with the PROVIDERs and their service. BUYERs are encouraged to communicate to the PROVIDER any concerns experienced during their active ORDER in regards to the service provided by the PROVIDER.
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 Biaton platform from users within our Community. Purchases arranged, determined to artificially enhance PROVIDER ratings, or to abuse the Biaton 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 PROVIDER’s service 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.

DISPUTES and Cancellations

We encourage our BUYERs and PROVIDERs to try and settle conflicts amongst themselves. If for any reason this fails, users can contact Biaton's Customer Support department for assistance.

Basics

ORDER cancellations can be performed on Biaton, when eligible.
In the event that a BUYER or PROVIDER encounters an issue related to the service provided in an ORDER, you are encouraged to attempt to resolve the matter.
Biaton reserves the right to cancel ORDERs or place funds on hold for any suspected fraudulent transactions made on the platform.
If an ORDER is cancelled (for any reason), the funds reserved is freed to the BUYER’s balance.

ORDER Cancellations

Biaton encourages BUYERs and PROVIDERs to resolve service DISPUTES mutually.
Eligibility for requests to Biaton 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 Biaton delivery system.
Completed ORDERs may be cancelled, upon review of our Customer Support team, up to 7 days after the ORDER is presumed delivered.
Any non-permitted usage of Biaton 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 Biaton’s Terms of Service.
Biaton 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 PROVIDER delivers on Biaton)
  - The PROVIDER is late and unresponsive.
  - Users are abusive towards the other party
  - The user is no longer an active Biaton user due to Terms of Service violations or closure of their account.
- Pending ORDERs (after the ORDER is presumed delivered and before the 7 day limitation)
  - No show by the PROVIDER and the BUYER reports this to the Biaton Customer Support.

Concerning Refunds

Since Biaton's service delivery protocol only places the funds in your bank card account on hold up to seven days after service delivery, Biaton automatically returns held funds upon the event of an ORDER cancellation or legitimate ORDER void, therefore funds returned to your balance from cancelled ORDERs will not include any processing fees.
Biaton makes every effort to insure BUYER satisfaction through its 7-day grace period and service delivery protocol. In the unlikely event that an ORDER transaction has been completed (i.e. an ORDER total is debited from the BUYERs bank card account), AND the BUYER has a DISPUTE with the ORDER that he/she believes warrants a refund, then the BUYER must use Stripe's refund policy process in order to obtain a refund."

User Conduct And Protection

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

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

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

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 Biaton in ORDER to circumvent or abuse the Biaton messaging system or Biaton platform is not permitted.
Any necessary exchange of personal information required to continue a service may be exchanged within the ORDER PAGE.
Biaton does not provide any guarantee of the level of service offered to BUYERs.
Biaton does not provide protection for users who interact outside of the Biaton platform.
All information exchanges must be performed exclusively on Biaton'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 Biaton 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 PROVIDERs 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 PROVIDERs to pursue removing/modifying reviews or cancelling ORDERs that do not align on ORDER Cancellation or Feedback policies.
Biaton reviews cases of payment PROVIDER chargebacks and DISPUTES on behalf of PROVIDERs. Although results vary per case due to each chargeback reason, we work hard on resolving DISPUTES in the PROVIDER’s favor. If the chargeback case allows, Biaton will return parts or full REVENUE back to PROVIDERs.

Services

Users may report Services to Customer Support that may be in violation of Biaton’s Terms of Service.

Reporting Violations

If you come across any content/services 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.

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 PROVIDER statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

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

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

Fraud / Unlawful Use - You may not use Biaton 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 Biaton community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Biaton’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 Biaton. This includes creating new multiple accounts to harass members through our message or ORDERing system.

Selling Accounts - You may not buy or sell Biaton accounts.

General Terms

Biaton 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 Biaton's Terms of Service may get your account disabled permanently.
Users with disabled accounts will not be able to sell or buy on Biaton.
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 must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
Biaton may make changes to its Terms of Service from time to time. When these changes are made, Biaton will make a new copy of the terms of service available on this page.
You understand and agree that if you use Biaton after the date on which the Terms of Service have changed, Biaton will treat your use as acceptance of the updated Terms of Service.
Biaton reserves the right to make adjustments to the rating of a SERVICE, BUYER or PROVIDER due to breach of these Terms of Service or due to any illegal or inappropriate use of the site or services.

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 Biaton by our users (BUYERs and PROVIDERs) is User Generated Content. Biaton 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, Biaton is not responsible for the content, quality or the level of service provided by the PROVIDERs. We provide no warranty with respect to the Services, their delivery, and any communications between BUYERs and PROVIDERs. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Services® service offers.

By offering a service, the PROVIDER undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on Biaton. PROVIDERs advertising their service 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 service and may lead to the suspension of PROVIDER's account.

Data Protection Policy

Your personal data is very important to us, and if you intend to use Biaton as a member (or visitor), please review Biaton's Data Protection Policy document that outlines our data protection policies in line with the European General Data Protection Regulation (GDPR).

User Authentication Powered by city.live

Biaton uses city.live user authentication as a 3rd party service provider. By using Biaton as a registered member you also agree to a membership in city.live and you agree to their Terms of Use.

Disclaimer of Warranties

YOUR USE OF THE SITE/APP, 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 Biaton NOR ANY PERSON ASSOCIATED WITH Biaton MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE/APP.

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

Limitation on Liability

IN NO EVENT WILL Biaton, 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, THE APP, 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.