Sellers Terms of Service


Willix Merch&Gig service is provided at Willix.net. It allows freelancers and sellers the ability to create, post, and sell gigs and merch on Willix platform. Gigs and merch postings may be removed from the Willix marketplace for violations of these Terms of Service, which may include (but are not limited to) the violations enumerated in the Design & Content Quality Guidelines


Use of Willix Merch&Gig Service

  1. This Terms of Service applies if you submit any product (merch and gigs) for posting through the marketplace.
  2. Willix requires Sellers to register in order to access some features in this marketplace. If you decide to register, you are agreeing to provide accurate, current, and complete information about yourself. Registration data and personal information are kept confidential at all times. 
  3. Willix may, in its sole discretion, restrict or terminate any account, and/or withhold and disburse any proceeds associated with that account, in cases of fraud, illegal activity, use of Willix service in excessive or unreasonable way, or violations on the Terms of Service, committed by the account holder. 
  4. By creating an account with Willix, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to sell items on your online shop, including any rights relating to the name, description, images, text or URL used for your account. 

Ownership 

  1. Willix does not claim any ownership rights for the content you provide in the Willix platfrom and Willix claims no right to sell or distribute your content outside of the platform. However. Willix retains all ownership rights on any designs created by Willix designers and may not be used by any sellers unless with the written permission from Willix.
  2. For the purpose of implementing and fulfilling the Willix Merch&Gig objective to promote, advertise, and sell gigs and merch posted by sellers, you hereby grant Willix a non-exclusive, worldwide, fully paid-up, transferable, license rights under your account to copy, display, distribute, modify the content you have given us permission to use. 
  3. Please be sure to maintain copies of all of your work as Willix has no responsibility or liability for the deletion or failure to store any content or information you uploaded in Willix.net.
  4. Unless clearly stated otherwise on the Seller's Gig page/description, when a gig is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the gig, 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 and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. 
  5. Furthermore, both Buyers and Sellers agree that all contents they voluntarily create/upload into the Willix platform, including gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Willix for no consideration for marketing and/or other purposes.


Product Pricing, Sales, and Information


  1. Pricing and Sales of Merch. Willix will be the seller of record for the Merch. Willix has sole discretion to determine price range, availability, distribution channels, and terms of sale for the Products. We are responsible for and have sole discretion related to processing payments, collecting payments, addressing requests for refunds, and providing customer service related to our obligations, and we will have sole ownership and control of all sales and other data we obtain from customers in connection with the marketplace. The prices of the merchandises shall be prescribed in the sample merch posts and shall not be changed by the seller.
  2. Pricing and Sales of Gigs. Willix will be the seller of record for the Gigs. However, the Freelance/Seller is given a discretion to determine the prices and availability. However, Willix can set the terms of sale for the Gigs. We are responsible for and have sole discretion related to processing payments, collecting payments, addressing requests for refunds, and providing customer service related to our obligations, and we will have sole ownership and control of all sales and other data we obtain from customers in connection with the Program. For the gig prices, you will set your own price based on the prevailing market and industry prices but subject to approval by Willix. You may set a lower price at the onset to gain market share and set a higher price later when you have already developed a sizable market.
  3. Price Changes. Sellers may change the prices of their gigs anytime but with prior notice to Willix admin. Sellers shall also be advised if there will be changes in base prices for print-on-demand merch and custom merch in the iQOT. 
  4. Product Information. For every merch and gig, you will provide the following information to be shown in your post: name of the product,  product description, icon/image, and any other information related to the merch and gig that we require (together, “Required Product Information”).  “Product Information” includes the Required Product Information and any other information and content related to your content and/or to you, such as all metadata, graphics, artwork, images, trademarks, trade names, logos and other descriptive or identifying information and materials associated with you or a particular Product. You are responsible for providing accurate Product Information, and will not make any false, inaccurate, or misleading claims or statements regarding any Content or Product or otherwise mislead customers regarding any Content or Product. If any Product Information is inaccurate or needs to be updated or modified, you will promptly provide us with corrections, updates, or modifications.


Payments
  1. For every sale of gigs, Sellers shall receive a gig payout equivalent to 85% of the transaction amount. The gig payout percentage may change anytime and corresponding notices shall be posted prior to any gig payout percentage change.
  2. For every sale of print-on-demand merch, Sellers shall receive a royalty of 20% of the merch price, excluding all other additional costs like shipping and others. 
  3. For every customized merch that are sold directly by Sellers to any Buyers, Sellers have the responsibility to set their margins on top of the discounted iQOT prices. Sellers of customized merch shall pay to Willix the discounted amounts in the iQOT and any proceeds from the sale of the Seller to his own Buyer shall be collected by the Seller without passing through the platform.
  4. The revenues for the sale of gigs and merch shall be released to you are made once per month via bank deposit or other means of money transfer. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through Willix. 


      Cybercrime
  1. We do not quarantee that the Willix platform will be secure or free from bugs and viruses. 
  2. Sellers are responsible for configuring their information technology, computer programs, and platform to access the willix.net platform. They should use their own virus protection software and configure your information technology, computer programs, and platform to remain secure.
  3. Sellers must not misuse the Willix platform by introducing viruses, trojans, worms, logic bombs, or other materials that are malicious or technologically harmful and disruptive. No one must attempt to gain unauthorized access to the Willix platform, the server on which it is stored, or any server, computer or database connected to the Willix platform. You must not attach the Willix platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Republic Act No. 10175 (AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES).We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Willix platform will cease immediately.


      Grants of Rights for Merch Design

      1. Production; Design; Distribution. You hereby grant Willix Inc. a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, right and license to make, have made, sell, import, reproduce, distribute, create derivative works of, and use the content for purposes of designing, distributing, and producing products.
      2. Promotion. You hereby grant Willix Inc. a nonexclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, distribute, reformat, modify, create derivative works of, promote, advertise, transmit, publicly display, and publicly perform the content, in all forms of media, for the marketing, sale, and distribution of the products and in connection with the platform.
      3. Additional Rights. In addition, we may exercise any ancillary rights relating to your content and the products that are reasonably necessary to effect the intent of the grants of rights contained in this Terms of Service. We may also sublicense our rights in product Information under this Terms of Service to third parties operating products or services that allow for the discovery or purchase of products. Nothing in this Terms of Service restricts us from exercising any right available to us under applicable law or any separate license.
      4. Reservations of Rights. Subject to the rights granted in this Agreement and our ownership of the marketplace materials, as between you and us, you retain all right, title and interest in and to content that you submit to us. Subject to your rights in such content, we retain all right, title and interest in and to the marketplace and all technology, content, information, services, trademarks and other intellectual property used in connection with it. Without limiting the foregoing, each of us recognizes that any uses of the other’s (or its affiliates’) brand features in connection with this Terms of Service, and goodwill associated with such uses, will inure solely to the party owning such brand features. If you provide suggestions, ideas, or other feedback to us about the marketplace, we will be free to exercise all rights in such feedback without restriction and without compensating you.
      5. Marketing Limitations. You will not link to, or encourage, authorize, or direct others to link to, any online location where products are available for sale from any website, application, or other service that is directed to children within the meaning of the Children’s Online Privacy Protection Act or any successor or similar law.
      6. Product Availability; Withdrawal; Termination. We may determine in our discretion to make any product available in the Willix platform. We may stop any transaction, or take other actions as needed to restrict access to or availability of any product orcContent that does not comply with the Terms of Service and the Design & Content Guidelines

      Custom Offers

      1. The Seller may offer customized gig using the Custom Offer features in the platform.
      2. The Seller is also allowed to sell customized merchandize outside of the platform but using the iQOT prices and conditions.


      Handling Gig Orders

          1. When a Buyer orders a gig, the Seller and Willix Admin are notified by email as well as notifications on the site while logged into the account.
          2. Sellers are required to meet the delivery time they specified when creating their gigs. Failure to do so will allow the Buyer to cancel the order when it is marked as late and may harm the Seller's status.
          3. Sellers must send completed files and/or proof of work using the built-in messaging app. Once the Buyer confirms and accepted the delivered gig, the Seller may go to the dashboard and change the order status to Complete. 

          Handling Merch Orders

          1. When a Buyer orders a merch, the Seller and Willix Admin are notified by email as well as notifications on the site while logged into the account.
          2. Willix shall fulfill the merch order and inform the Seller once the order is delivered and accepted. The Willix Admin shall also change the order status to complete. The Seller may check the dashboard for updates.


            Violations

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

          Proprietary Restrictions

          The Willix platform, including its general layout, design and content, is exclusively owned by Willix and protected by copyright and trademark law. Users have no right, and specifically agree not to do the following with respect to the Willix platfrom or any part, component or extension of the site: (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the site in any manner that could damage, disable, overburden or impair the site, or interfere with any other users’ enjoyment of the site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

          Feedback Rights

          To the extent that you provide Willix with any comments, suggestions or other feedback regarding the Willix platform or the site as a whole, as well as other Willix products or services (collective, the “Feedback”), you will be deemed to have granted Willix an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Willix is under no obligation to implement any Feedback it may receive from users.

          Confidentiality

          Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

          Sellers Generated Content

          1. Sellers Generated Content (“SGC") refers to the content added by Sellers as opposed to content created by the Willix. All content uploaded to the Willix platform by our Sellers are Seller Generated Contents. The Seller shall be responsible in checking uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the Seller uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Willix platform, the Seller represents and warrants that he/she owns or has obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the platform does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
          2. Furthermore, Willix is not responsible for the content, quality of the gig or the level of service provided by the Sellers. We provide no warranty with respect to the gigs, their delivery, any communications between Buyers and Sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
          3. By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Willix platform. 
          4. For guidance, the Sellers may check the Design and Content Guidelines.

          Cybercrime

                1. We do not quarantee that the Willix platform will be secure or free from bugs and viruses. 
                2. Sellers are responsible for configuring their information technology, computer programs, and platform to access the willix.net platform. They should use their own virus protection software and configure your information technology, computer programs, and platform to remain secure.
                3. Sellers must not misuse the Willix platform by introducing viruses, trojans, worms, logic bombs, or other materials that are malicious or technologically harmful and disruptive. No one must attempt to gain unauthorized access to the Willix platform, the server on which it is stored, or any server, computer or database connected to the Willix platform. You must not attach the Willix platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Republic Act No. 10175 (AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES).We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Willix platform will cease immediately.

            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 WILLIX NOR ANY PERSON ASSOCIATED WITH WILLIX MAKES ANY WARRANTY OR REPRESENTATION 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.

            If you come across any content 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 Willix team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.