Author Terms and Conditions
PoshTrader – trade name of PoshTrader OÜ (hereinafter called the “Company”), with its website (hereinafter the “Company Marketplace” or the “Marketplace”) and the Author (hereinafter called the “You”, “Author” or “Vendor”), with its product(s) (hereinafter called the “Product(s)”), agree on the following terms and conditions:
Introduction
Hi, we’re PoshTrader. We’ve met before over at PoshTrader Terms of Service. It’s great to see you again and we’re really happy you’re excited about becoming an Author with us.
Assume creating trading tools, from your own home or office, earning passive income whether you’re working or not. Some of our Authors trade stocks, or forex in their free time as a hobby, some use their knowledge and create tools, some do it to get their name out there, and some are able to make it their full-time profession.
Becoming an Author is easy and if you’ve reached this point then you’re already a member and you’ve accepted our Terms of Service. These additional terms for authors (‘Author Terms and Conditions’) are an extra part of the PoshTrader Terms of Service that apply specifically to Authors on the Marketplace. You’ll need to agree to them before you can become an Author. These govern the relationships, rights, and obligations of authors to us and buyers using the Marketplace. You agree to put your items on the Marketplace and make them available to buyers on the basis stated in the Terms of Marketplace and these Author Terms and Conditions.
As an Author on the Marketplace, you have responsibilities to us and buyers of your products. Please take the time to review these Author Terms carefully.
When we say ‘you’ in these Author Terms we are referring to you, the Author whose details are listed as the Marketplace account holder. All other words defined or explained in the Terms of Marketplace have the same meaning here. If there’s any inconsistency between what we say in these Author Terms and what is in the Terms of Marketplace, what we say in these Author Terms prevails.
Read on for details about your author responsibilities, the process of selling your products on the Marketplace and how you can earn money with us
Becoming an Author
Becoming an Author is free: Becoming an Author and putting your items up on the Marketplace is free but there is a review method. There are a few things you warrant in exchange for the title to be an Author, which are described in these Author Terms and Conditions.
The process to become an Author: There are simple steps you follow to sign up as an Author, which are defined on the Marketplace Author Dashboard, where you’ll find help to get started along with information about payment, submission requirements and other important information about becoming an Author.
How selling your products work?
What are you providing to buyers as an Author?
License: When you ‘sell’ a product, you’re making it available to buyers and downloaders to use that product under certain conditions; you’re not actually selling the product itself. What you’re selling includes a license directly to the buyer or downloader to use that product under the relevant license options set by us. Take a moment to understand how to activate the license!
Trial period: The default trial period for all products is 7 days. We reserve the right to change or remove the term for a trial period at any given time.
Product support: You can choose whether or not to support specific products. If you choose to support a product, this will be stated on the product page. All supported products carry a support period. Buyers can buy support extensions on these products.
To understand product support, like what products are covered, what you agree to provide buyers, the support period and support extension options, see the product support policy.
This is how the total price of a product is made up
Product price: The product price is made up of a license fee (for the license chosen for the product), and if relevant the product support fee (for the supported product).
Buyer fee: This is the fee buyers pay for the Marketplace owner for the buyer services we provide buyers.
Handling fee: In some transactions, the total checkout price may include a handling fee.
Taxes: Some transactions may be subject to tax that may be added to the price.
The list price is made up of the product price and buyer fee and is the price on a product page. See Terms of Marketplace for information about all the elements of the total price.
Author earnings and fees
When your product is sold on the Marketplace, you will earn the product price part of the list price less an author fee that we charge. The author fee is what you are charged by the Company for use of our platform and services as an Author. The author fee is determined by the aggregate value of list price sales you’ve had in the past. The author fee you pay to us is set out in the rates schedule that we can change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on the Marketplace
Who sets the product price?
As an Author, you are responsible for setting the prices for your products. This is known as ‘Author Set Pricing’. You must make all pricing decisions independently, and conversations about your pricing decisions (including with other Authors) are not permitted under any circumstances.
Product review
We have guidelines about what we allow and don’t allow and you can read up on these in our Author related Marketplace information sources and legal pages. Although we always like to provide valuable feedback, we’re not forced to give you any reasons for refusing your product. We have the ultimate say on whether the products are accepted for the Marketplace.
No term variations allowed
You are not authorized to vary these terms (or our Terms of Marketplace) as they apply between you and buyers, or to offer your products on different terms or with additional terms (for example, through your product description pages). Any different or additional terms that you try to impose on the Marketplace on your products will have no effect against buyers or Us.
Payments of earnings
This is how earning an income works on the Marketplace and important information about payments to your account, and deductions from your account. Take a close look!
Your earnings payment: We will pay you the product price part of the total price less than the Author fee (‘your earnings’ or ‘earnings’). In order for us to do this, you authorize us to collect payments, credit your Marketplace account with your earnings, and to pay out your earnings to you. We may use another company to do these things for us.
To avoid any confusion, only your earnings from the sale of your products will be payable to you.
Thresholds: We’ll make payments of your earnings based on a fixed minimum threshold amount which is €100.00. In the case of terminating the Author account, we pay out the remaining earnings even if less than the threshold.
Earnings payment methods and timing
You ask us to hold the balance of your earnings until they are paid out to you, the Marketplace account holder. You can set up an automatic payment destination that must be owned by you, the Marketplace account holder. Where your earnings reach certain threshold amounts, we make monthly pay-outs of your earnings to your payment destination.
When we get a request for payment, we’ll pay you the requested amount within the next 14 days.
You must provide us with the correct details and payment method when you set your payment destination.
We reserve the right to pay your earnings to you, at any time, at our discretion within the payment cycle.
You may bear some or all expenses incurred by us in paying monies to you.
Possible deductions from payments
Payment methods available for buyers to buy your products involve payment agents that have their own standard terms and conditions regarding refunds, charge-backs, fees, and unauthorized transactions (which we don’t control). If a Marketplace transaction on a product is subject to payment agents’ refunds, charge-back, fees, or unauthorized transactions, we may automatically deduct those amounts from your Marketplace account.
You or we may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your product outlined in the Marketplace Refund Policy, or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct from your Marketplace account any amount that would otherwise be payable to you.
If you violate any warranty you have made to us, we may offset any amount that we have to pay to anyone else as a result of your violation, against any payments due to you.
Payment errors
We will proceed to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:
we do not have the accurate payment details;
we can’t contact you using the contact details that you have provided;
you have not made a request for payment, or
you are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking operations.
Currency
Whenever we make a payment to you as an Author, you are responsible for all costs of converting the amount of the payment from EUR euro into your chosen currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
Holding your earnings
If we determine that a product of yours does not comply with applicable law or any of our rules or guidelines, including the Terms of Marketplace and these Author Terms, we can at our discretion disable the product or your membership. See our Intellectual Property Policy for more information. We may also hold any earnings on that product or your account for up to three years and may free those held earnings during that period if we are provided that any dispute or issue about your product has been solved.
Taxation
As an Author on the Marketplace, you are responsible for paying any taxes that apply (with the exception of VAT in an EU Member State). The Marketplace holder may charge, collect, and account for:
VAT in an EU Member State when a buyer is resided in an EU Member State and does not provide a valid EU VAT Identification number. When a buyer is resided in an EU Member State and does provide a valid EU VAT Identification Number, it is the buyer’s responsibility to self-account for VAT. It is not your responsibility as an Author to account for VAT when a buyer is located in an EU Member State.
If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an author. If so, we will give you relevant documentation that’s required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate. Information or documentation may be collected by one of our Company and disclosed to or handled by another Company or ours. We or another Company of ours may disclose or submit your information to regulators and government authorities in connection with our compliance procedures and obligations.
Author responsibilities and warranties
If you make your products available on the Marketplace for free, then the warranties you give to buyers also apply to anyone who downloads your product from the Marketplace. In certain conditions, we may also allow a buyer to purchase a product for another user, and in this case, you also agree that these warranties apply to the user for whom the product is purchased.
You give warranty (legal protection) to and are liable to each buyer of your product as stated in the Terms of Marketplace.
As an Author, you warrant to us and each buyer of your product that:
the product matches the description given by you on the product page, as well as any product preview or demo;
the product is of acceptable quality and fits the purpose for which it is ‘sold’;
you will acknowledge any specific warranties given to buyers that are not contained in the Terms of Marketplace;
the buyer’s use of that product in accordance with the terms of the applicable license does not violate the intellectual property rights of someone else;
you have rights required to license that product on the terms of the applicable license;
the product and its description are not incorrect, inaccurate, misleading, fraudulent, illegal or abusive;
the product and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
the product does not contain viruses or other computer codes, files or programs which are designed to monitor, limit or destroy the functionality of other computer software or hardware;
you will conduct a buyer’s information in accordance with applicable privacy law and data protection regulations. As an Author you warrant to us that:
you will not use the Marketplace to offer non-Marketplace goods or services to buyers; • you will follow any Author guidelines provided by us, act in good faith, and provide assistance and cooperation as we reasonably request;
you will not buy your own products;
information and documentation, you give us (like your name and address) are accurate, and;
where you have marked a product as ‘supported’, you will provide buyers of your product with support for the included support period and any support extension period purchased, unless we agree otherwise.
Buyers use of your product
We are not liable for any loss suffered by you as a result of a buyer or any other person making use of your product contrary to the Terms of Marketplace or the product license.
Other Authors use of your product
Any other Author may use a watermarked preview image of your product image in a preview of another product on any Company site without requiring your permission and without compensating you. The watermarked product image is credited either by providing a link to your product page on the Marketplace or by otherwise attributing your product.
Our use of your product
We may use or link your products to promote the Marketplace. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
Product removal
We hold the right to remove any product for any reason, using our reasonable consideration. For example, we may analyze the libraries to keep the Marketplace fresh and full of quality products that meet the latest technical criteria and platform requirements. Also, issues about a product might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We likewise aim to give you notice before any product is removed, but this is not always reasonable or possible, so we can’t guarantee this. We will not be liable for any loss that you may suffer as a result of your product being removed.
Personal information collected
In order to expedite a transaction on the Marketplace, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or product support services). You acknowledge that you will keep buyer information confidential and only use this information for that Marketplace related transaction in compliance with applicable privacy and data protection laws. Over and above what the Marketplace provides you with, a member voluntarily provides you with (or your Product accesses or uses) usernames, passwords, photo identification or other personal information of the member (personal information), you must:
provide a privacy notice, making the member aware of their personal information that you will receive and how you will handle that information;
obtain the member’s permission to use their personal information;
use the personal information only for the limited purposes for which the member gave permission; and
meet any privacy and spam law requirements that apply to you.
For a clearer idea about how we deal with user information see our Privacy Policy.
Special offers and promotions
Sometimes we might assign volume sales or other arrangements with buyers as part of creating business development opportunities for Authors (special deals). In order for us to make this achievable, you give us permission to arrange special deals. We might also offer pricing promotions to our Marketplace buyers. Generally, this will be covered by our setting of prices. In some cases, if pricing promotions involve a change in the Author fee or licensing terms, then it is a special promotion and the following sections are important.
Given the type of special deals, the prices of your products under the special deal may range from the displayed product price. This means that your earnings on the sale of your products in a special deal may not always be defined by reference to the advertised price of your product on the Marketplace. Given the type of special deals and special promotions, the Author fee may differ for special deals or special promotions.
Before your product is added to a special deal or special promotion, we’ll provide you with information about the special deal or special promotion, product pricing, and Author fee. You can opt-out of joining in a special deal or special promotion if the deal involves a change to the Author fee. We will let you know the time frame to opt-out, and if you don’t do so, your product will be involved in the special deal or special promotion.
Special deals and special promotions might also suggest you entering supplementary licensing arrangements to permit the buyer to use your product in special ways. If these supplementary licenses are substantially different from the standard Marketplace licenses, you will also have the opportunity to opt-out of joining in the special deal or special promotion within the time frame we set out when we make the proposal to you.
You will always have the choice of opting out of any special deal or special promotion if it involves a difference to the Author fee. We decide on the different features like pricing.
Regulations between us and you
Nothing in these terms is to be defined as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor we can act on behalf of the other in any form. However, you name us as your limited agent only for these particular purposes:
for receiving Buy Now payments from buyers (the buyer’s obligation to pay you for a product will be met when they make a Buy Now payment to us or a different PoshTrader Company);
for passing on your warranties to buyers made in according to the Author Terms and Conditions and Terms of Marketplace
for limiting your liability to buyers in Terms of Marketplace
Disclaimers
POSHTRADER DOES NOT GUARANTEE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE FIXED, OR THAT YOUR USE OF THE SITE WILL PRODUCE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. POSHTRADER CANNOT ASSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR INFECTION OR HARMFUL FEATURES. POSHTRADER REVOKES ALL WARRANTIES, EXPRESS OR SUGGESTED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PLAN. POSHTRADER REVOKES ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY POSHTRADER SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST POSHTRADER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF COMFORT IS A PART OF THE AGREEMENT BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
PoshTrader holds the right to do any of the following, at any time, without prior notice: (A) to change, suspend or terminate operation of or access to the Site, or any part of the Site, for any reason; (B) to change the Site, or any part of the Site, and any applicable policies or terms; and (C) to prevent the operation of the Site, or any part of the Site, as necessary to make routine or non-routine maintenance, error correction, or other modifications.
Definitions
Author: a member who makes products available for sale on the Marketplace.
Author fee: is what you are charged by us for use of our platform and services as an Author.
Buyer fee: the fee for the services buyers get from us like 24/7 buyer support, fraud protection, item quality control, and other related buyers services.
Product price: the price a buyer pays for a product as detailed in section 4. Product support: the support provided by you to customers of products you choose to support, as detailed in the product support policy.
List price: is the price you see on a product page on the Marketplace and is made up of the product price and customer fee.
EU Member State: means the countries listed here: https://europa.eu/abouteu/countries/index_en.htm
THE END
We’re very happy you’ve got it to the end of this essential document. You can head over and join as an Author.
We wish you all the very best in selling your products on the PoshTrader Marketplace.
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