Terms of Service

The following terms and conditions, will apply on your access to and use of the Xavio website, including any content, functionality and services offered on or through www.xavio.in (the "Site"). Please read the Terms 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 when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site. 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. 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 Conwire team is available 24/7 if you have any questions regarding the Site or Terms.

Basic Terms

Xavio reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms or due to any illegal or inappropriate use of the Site or services.


Violation of our Terms may get your account disabled permanently.


Users with disabled accounts will not be able to add or bid any project.


Users who have violated our Terms and had their account disabled may contact our Conwire team for more information surrounding the violation and status of the account at support@xavio.in .


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 Conwire by providing materials that prove ownership of that account.


Nerds and Business-maker will be able to withdraw their earnings 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 Xavio’s approval.


Disputes should be handled using Xavio’s Issues page or by contacting Xavio Conwire Support.


Users may not share their personal information like but not limited to phone number, email address, address, social links to the other user until the project completion, by doing so they will violate the terms and will lead to disabled account.


Xavio may make changes to its Terms from time to time. When these changes are made, Xavio will make a new copy of the Terms available on this page.


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


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 Xavio by our users is User Generated Content. Xavio 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, Xavio is not responsible for the content, quality or the level of service provided by the Nerds or business-maker in any case. We provide no warranty with respect to the projects, their delivery, and any communications between Business-maker and Nerds. User can check the ratings and portfolio of the other user to understand the quality of work.


Violations

Users may receive a warning to their account for violations of our Terms or any user misconduct reported to our Conwire 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

Adult Services & Pornography – Xavio does not allow any exchange of adult oriented or pornographic materials and services. Inappropriate Behaviour & Language - Communication on Xavio should be friendly, constructive, and professional. Xavio 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.


Phishing and Spam – Xavio 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 with offers, questions, suggestions or anything which is not directly related to their Project.


Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of necessary project information required for the completion of a Project must be provided in the updates page. Nerds further confirm that whatever information they receive from the business-maker, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Business-maker. Any users who engage and communicate off of Xavio’s will not be protected by our Terms.


Genuine Profile - You may not create a false identity, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, Category, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Xavio reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).


Intellectual Property Claims – Xavio will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s Terms.


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


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


Reporting Violations

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


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 Xavio in order to circumvent or abuse the Xavio messaging system or Xavio platform is not permitted.


Any necessary exchange of personal information required to continue a service may be exchanged within the update page.


Xavio does not provide any guarantee of the level of service offered to Business-makers. You may use the raise issue tools provided to you in the update page.


Xavio does not provide protection for users who interact outside of the Xavio platform.


All information and file exchanges must be performed exclusively on Xavio's platform.


Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.


Xavio 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.


Users may not submit proposals or solicit parties introduced through Xavio to contract, engage with, or pay outside of Xavio.


Refunds

Xavio does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Business-maker's Xavio Balance and are available for future purchases on Xavio. As of June 1, 2019, Xavio returns service fees to your Balance once an order is cancelled. In any event, if the service fees were not returned to your Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on Xavio.


Deposit refunds, when available from the payment provider, can be performed by our Conwire 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 Conwire team. Such refunds may be subject to an additional fee.


Disputes and Cancellations

We encourage our Business-makers and Nerds to try and settle conflicts amongst themselves. If for any reason this fails after using the Issue page or if you encounter non-permitted usage on the Site, users can contact Xavio's Conwire department for assistance.


Basics

Order cancellations can be performed on Xavio, when eligible, by Conwire or through the Issue page per order.


Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these 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 a Business-maker or Nerd 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.


Xavio, through its Payment Services Providers, 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 Business-maker shall be subject to full payment for the Gig 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 returned to the Business-maker’s Xavio Balance.


Revisions to deliveries can be performed by Nerds based on the Nerd’s Gig and customer care. Nerds may determine the amount of revisions offered to Business-makers, 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 Nerds beyond the agreed requirements by using the Request Revisions button is not allowed.


Order Cancellations

Xavio encourages Business-makers and Nerds to resolve service disputes mutually using the Issues page.


Eligibility for requests to Xavio to cancel an order will be assessed by our Conwire team based on a number of factors, including violations to our Terms, general misconduct, and improper usage of the Xavio delivery system. See below for Order specific eligibility.


Completed orders may be cancelled, upon review of our Conwire team, up to 15 days after the order 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 Conwire team may cancel a completed order even after 15 days have passed from its completion. In such cases, the amounts paid for the cancelled order will be returned to the Business-maker’s Balance and will be deducted from the Nerd’s Balance or, if there are no sufficient amounts in the Nerd’s Xavio Balance, from future revenues of such Nerds.


Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Nerd if the service was rendered as described in the project. Business-makers may rate their experience with the Nerd on the Update page, including the overall level of service quality received.


Business-makers must use Xavio Issue page to address their concerns and desired resolution related to the service provided by their Nerd prior to contacting Conwire. Conwire will not take any action against Orders where the Business-makers failed to inform their Nerd of issues related to the Nerd’s service and will allow Nerds to provide a resolution first. This does not include non-permitted usage of Xavio.


Any non-permitted usage of Xavio encountered during an Order, after being reviewed by our Conwire team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behaviour, or other violations to Xavio’s Terms.