MyPerformancePeople’s Payment Terms
Last Updated: February 2023
The following terms (these “Payment Terms”) govern payments you make or receive through My Performance People operated by us, Simply Said Limited. Our main trading address is 56 Brookfields Way, East Leake, Nottinghamshire, LE12 6HD.
Simply Said Ltd processes card payments from the UK processes card payments from outside the U.S. Simply Said Ltd is collectively referred hereto as “MyPerformancePeople” “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 MyPerformancePeople’s General Terms of Service (collectively, the “Terms of Service”).
Capitalised terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.
MyPerformancePeople Balance is the aggregated amount of your Revenue as a Seller and/or returned payments from cancelled orders as a Buyer and/or your MyPerformancePeople Business Balance (as defined in the MyPerformancePeople Business Terms of Service).
Payment Services Provider(s) are service providers that provide payment services to Buyers and Experts in connection with the MyPerformancePeople platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Experts, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with MyPerformancePeople Balances.
Revenue is the money that Experts earn from completed orders and can either withdraw or use to purchase on MyPerformancePeople, subject to these Terms.
- Each Listing you sell and successfully complete, accredits your account with revenue equal to 80% of the purchase amount.
- MyPerformancePeople accredits Experts once an order is completed. See the “Order” section in the Terms of Service 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 MyPerformancePeople Balance.
- Experts 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. Experts 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 Listing page or on the Logo Maker order page is inclusive of all such taxes and charges that may apply to the Experts.
- Appointment as Limited Payment Collection Agent: Seller hereby appoints MyPerformancePeople 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 MyPerformancePeople shall be considered the same as made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by MyPerformancePeople (or its Payment Services Provider, as applicable), and MyPerformancePeople (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 MyPerformancePeople (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against MyPerformancePeople and not the Buyer directly. Seller agrees that MyPerformancePeople 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 MyPerformancePeople may deem necessary or prudent.
- MyPerformancePeople partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Experts, and holding funds in connection with MyPerformancePeople Balances. All payments services in connection with the withdrawal of funds on the MyPerformancePeople platform are performed by MyPerformancePeople’s Payment Services Providers.
- To withdraw your revenue, you must have an account with at least one of MyPerformancePeople’s Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with MyPerformancePeople’s Payment Services Provider. All payment services, including withdrawal services, will be provided by MyPerformancePeople’s Payment Services Provider.
- Your MyPerformancePeople profile can be associated with only one account from each MyPerformancePeople withdrawal method. A Payment Service Provider withdrawal account can be associated with only one MyPerformancePeople profile.
- 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. A minimum amount of £50 can be withdrawn.
- Experts may withdraw their revenues using one of MyPerformancePeople’s withdrawal options (see Withdrawal Section below regarding payment terms). To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.
- For security concerns, MyPerformancePeople 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 behaviour reported by other users, or associating multiple MyPerformancePeople accounts to a single withdrawal provider.
- 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.
- In certain cases, Experts may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by MyPerformancePeople’s Payment Services Providers. Your MyPerformancePeople Balance is always derived from its UK value and, therefore, the local currency amount of your MyPerformancePeople Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees. Experts always have the option to withdraw Revenues in UK.
- Experts 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 MyPerformancePeople’s approval.
- Withdraw to your PayPal Account – UK0 Fee*. For a list of PayPal services by country click here.
* Additional fees may apply based on your location and currency.
- Buyers pay MyPerformancePeople to create an order from a Seller’s Listing page or Custom Offer, using the Order Now button or through the Logo Maker. MyPerformancePeople partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Experts, and holding funds in connection with MyPerformancePeople Balances. All payments services in connection with the collection of funds on the MyPerformancePeople platform are performed by MyPerformancePeople’s Payment Services Providers.
- MyPerformancePeople 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 MyPerformancePeople (or its Payment Services Provider, as applicable), and MyPerformancePeople (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 MyPerformancePeople (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against MyPerformancePeople and not the Buyer directly.
- In most locations, purchases on MyPerformancePeople can be made by using one of the following payment methods: Credit Card, PayPal, MyPerformancePeople Credits or existing MyPerformancePeople Balance. Additional payment methods may apply in certain locations.
- Your existing MyPerformancePeople Balance will be automatically applied to your next purchase.
- You may not offer Experts to pay, or make payment using any method other than through the MyPerformancePeople.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support, by emailing email@example.com here.
- You agree to receive invoices and/or payment receipts from MyPerformancePeople in electronic form as PDF documents, by email or through the Site.
- By using any payment method and/or providing payment details for making purchases on MyPerformancePeople, you represent and warrant that: (a) you are legally authorised to provide such information; (b) you are legally authorised 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 authorised by that company or person to use the payment method to make payments on MyPerformancePeople; and (d) such actions do not violate any applicable law.
- You can pay on MyPerformancePeople in several different currencies. For your convenience, prices will be rounded up to the closest number. At checkout, you will see the accurate amount to be paid. Unless stated otherwise, you will be charged in the currency displayed on the payment page. All currency exchange services in connection with payments in local currencies are performed by MyPerformancePeople’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in UK even if the price is displayed in another currency. In any event, the actual charged amount (in the actual payment currency) will be clearly disclosed to you before you complete the payment.
- Note that all prices on MyPerformancePeople are derived always from their original price and, therefore, non-UK currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Buyers always have the option to pay in UK by changing their currency.
- If you paid for an Order in a currency other than UK and your Order was later cancelled for any reason, the amount returned to your MyPerformancePeople Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same UK value.
- Your MyPerformancePeople Balance is always valued in UK, even if it is displayed in a non-UK currency. Therefore, should you choose to view your MyPerformancePeople Balance in any currency other than UK, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same UK value. Users always have the option to view their MyPerformancePeople Balance in UK by changing their selected displayed currency.
- MyPerformancePeople 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 MyPerformancePeople will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount MyPerformancePeople 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 Experts to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact MyPerformancePeople’s Customer Support department for assistance by emailing firstname.lastname@example.org.
- Order cancellations can be performed on MyPerformancePeople, when eligible, by MyPerformancePeople (via Customer Support or otherwise) or through the Resolution Center per order.
- 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 use the Site’s dispute resolution tools to attempt to resolve the matter.
- MyPerformancePeople, 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 cancelled for any reason.
- If an order is cancelled (for any reason), the funds paid will be returned to the Buyer’s MyPerformancePeople Balance.
- Revisions to deliveries can be performed by Experts based on the Seller’s Listing and customer care. Experts may determine the amount of revisions they wish to offer, 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 Experts beyond the agreed requirements by using the Request Revisions button is not allowed.
- MyPerformancePeople encourages Buyers and Experts to resolve service disputes mutually using the Resolution Center.
- Eligibility for requests to MyPerformancePeople to cancel an order will be assessed by MyPerformancePeople 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 MyPerformancePeople 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 MyPerformancePeople Balance and will be deducted from the Seller’s MyPerformancePeople Balance or, if there are no sufficient amounts in the Seller’s MyPerformancePeople 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 Listing Page. You may rate your experience with the Seller on the Order Page, including the overall level of service quality received.
- You must use MyPerformancePeople Resolution Center to address your 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 applicable has failed to inform their Seller of issues related to the Seller’s service and will allow Experts to provide a resolution first. This does not include non-permitted usage of MyPerformancePeople.
- Any non-permitted usage of MyPerformancePeople 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 of MyPerformancePeople’s Terms of Service.
- MyPerformancePeople 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 MyPerformancePeople):
- 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 their requirements or the Seller’s delivery.
- The user is no longer an active MyPerformancePeople user due to Terms of Service violations or closure of their account.
Delivered Orders (after the Seller clicks Complete 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. 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 MyPerformancePeople 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 abuse the Request Revisions button to gain more services from Experts beyond the agreed requirements.
- 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 and before the 14-day limitation)
- 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 Listing Page and cannot be retroactively included once the order is completed for over 14 days.
- MyPerformancePeople Customer Support will review cases of Order delivery manipulation that prevents users from fully utilizing our Resolution Center that enabled the order to be marked as complete.
MyPerformancePeople reviews cases of payment provider chargebacks and disputes on behalf of Experts. 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, MyPerformancePeople (or one of MyPerformancePeople’s Payment Services Providers) will return parts or full revenue back to Experts, otherwise the chargeback amount will be borne by the Seller.
- MyPerformancePeople does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s MyPerformancePeople Balance and are available for future purchases on MyPerformancePeople.
- Deposit refunds (i.e. refunds directly to your payment provider) can be requested directly from the billing page, 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.
- MyPerformancePeople may make changes to these Payment Terms from time to time. When these changes are made, MyPerformancePeople will make a new copy of the terms available on this page.
- You understand and agree that if you use MyPerformancePeople after the date on which the Payment Terms have changed, MyPerformancePeople 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 MYPERFORMANCEPEOPLE NOR ANY PERSON ASSOCIATED WITH MYPERFORMANCEPEOPLE 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 MYPERFORMANCEPEOPLE, 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, MYPERFORMANCEPEOPLE 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.