Digikraft.io’s Payment Terms

Last Updated 1st September 2022

The following terms (these “Payment Terms”) govern payments you make or receive through www.Digikraft.io (the “Site”), operated by Digiworks Labs HQ, Inc. and Digikraft.io, Inc. (16 CHESTNUT STREET SUITE 103B EMERSON, NEW JERSEY 07630)

Digiworks Labs HQ, Inc. and Digikraft.io, Inc. processes card payments from the U.S. and outside the U.S. Digiworks Labs HQ, Inc. and Digikraft.io, Inc. and its subsidiaries, are collectively referred hereto as “Digikraft.io” “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 Digikraft.io’s General Terms of Service.

Key Terms

Payment Services Provider(s) are service providers that provide payment services to Buyers and Artists in connection with the Digikraft.io platform, including with respect to collection of funds from Buyers in connection with purchases, remittance and withdrawal of funds to Artists, currency exchange services in connection with payments and withdrawals in local currencies, and the holding of funds in connection with Digikraft.io Balances.

Revenue is the money that Artists earn from completed orders and can either withdraw or use to purchase on Digikraft.io, subject to these Terms.

Art Commissions is Digikraft.io’s service offering in which Buyers can be connected and place orders with digital artists to provide Commissions & Packages to be delivered separate from NFT Origination.

NFT Origination is Digikraft.io’s service offering in which Buyers can transform their Commissions & Packages into NFTs (Non-fungible tokens).

NFT Marketplace is Digikraft.io’s service offering in which visitors of the Site can purchase, list or sell NFTs.

General Terms

Digikraft.io may make changes to these Payment Terms from time to time. When these changes are made, Digikraft.io will make a new copy of the terms available on this page.

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

Payments and Withdrawals

Each Commission you sell and successfully complete, accredits your account with revenue equal to 85% of the purchase amount.

Digikraft.io accredits Artists once an order is completed. See the "Orders” section in the Terms of Service for a definition of a completed order.

If an order is canceled (for any reason), the funds paid will be returned to the Buyer in the form of DigiKoins.

Artists 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. Artists 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 Commission page is inclusive of all such taxes and charges that may apply to the Artists.

Appointment as Limited Payment Collection Agent: Artist hereby appoints Digikraft.io as Artist’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 Artist. Artist agrees that payment from Buyer to Digikraft.io shall be considered the same as made directly to Artist. Buyer’s payment obligation to Artist will be satisfied upon receipt of payment by Digikraft.io (or its Payment Services Provider, as applicable), and Digikraft.io (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Artist in the manner described in these Payment Terms. In the event that Digikraft.io (via Payment Services Provider) does not remit any such amounts to Artist, the Artist will have recourse only against Digikraft.io and not the Buyer directly. Artist agrees that Digikraft.io 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 Digikraft.io may deem necessary or prudent.

Digikraft.io partners with Payment Services Providers for purposes of collecting payments from Buyers and transferring such payments from Buyers to Artists. All payments services in connection with the withdrawal of funds on the Digikraft.io platform are performed by Digikraft.io’s Payment Services Providers.

To withdraw your revenue, you must have an account with at least one of Digikraft.io'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 Digikraft.io’s Payment Services Provider. All payment services, including withdrawal services, will be provided by Digikraft.io’s Payment Services Provider.

Your Digikraft.io profile can be associated with only one account from each Digikraft.io withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Digikraft.io 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.

Artists may withdraw their revenues using one of Digikraft.io’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, Digikraft.io may temporarily disable a Artist’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior

Withdrawals can only be made in the amount available to you.

Withdrawal fees vary depending on the withdrawal method.

Withdrawals are final and irreversible

In certain cases, Artists may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Digikraft.io’s Payment Services Providers.

Artists 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 Digikraft.io's approval.

Methods of Withdrawal

Withdraw to your PayPal Account - $0 Fee*. For a list of PayPal services by country click here.

* Additional fees may apply based on your location and currency.

Purchasing

Buyers pay Digikraft.io to create an order from an Artist's Commission page or Custom Offer, using the Order Now button. Digikraft.io partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Artists, and holding funds in connection with Digikraft.io Balances. All payments services in connection with the collection of funds on the Digikraft.io platform are performed by Digikraft.io’s Payment Services Providers.

Digikraft.io serves as Artist’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 Artist. Buyer’s payment obligation to Artist will be satisfied upon receipt of payment by Digikraft.io (or its Payment Services Provider, as applicable), and Digikraft.io (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Artist in the manner described in these Payment Terms. In the event that Digikraft.io (via Payment Services Provider) does not remit any such amounts to Artist, the Artist will have recourse only against Digikraft.io and not the Buyer directly.

The purchase of Commissions or Packages is supported through the use of PayPal or DigiKoins.

Selling and purchasing NFTs on the NFT Marketplace is supported by Sendwire and payments through cryptocurrency. Additional payment methods may apply in certain locations.

Payment Processing fees for payment processing are dictated by each respective Payment Provider for Art Commissions, NFT Origination and NFT Marketplace.

You may not offer Artists to pay, or make payment using any method other than through the Digikraft.io.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support at [email protected].

You agree to receive invoices and/or payment receipts from Digikraft.io in electronic form as PDF documents, by email or through the Site.

To protect against fraud, unauthorized transactions (such as money laundering), claims, or other liabilities, payment information in connection with withdrawals is collected by either Digikraft.io or Digikraft.io’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. Digikraft.io is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider. Please see our Privacy Policy for more information here.

By using any payment method and/or providing payment details for making purchases on Digikraft.io, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized 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 authorized by that company or person to use the payment method to make payments on Digikraft.io; and (d) such actions do not violate any applicable law.

Local Currencies

You can pay on Digikraft.io in several different currencies. 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 Digikraft.io’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US$ 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.

If you paid for an Order in a currency other than US$ and your Order was later canceled for any reason, the amount returned to your DigiKoins balance would be based on the exchange rate as of the date of cancellation.

DigiKoins

In certain instances, Digikraft.io may offer you credits (“DigiKoins” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Commissions and/or other services offered on the Site. Your available DigiKoins balance will appear in your account. Your valid DigiKoins will be automatically applied to your next purchase and can be viewed in your order summary after you place the order. Unless stated otherwise, DigiKoins expire following three months from their receipt. DigiKoins serve only as an incentive to use Digikraft.io, and, therefore, are not redeemable for cash, have no cash value and are nonrefundable. Once used, DigiKoins may not be returned to your account even if your Order gets canceled. DigiKoins may be subject to additional conditions and restrictions as will be disclosed to You upon receipt of the Credits. Credits may be voided in the event of fraud, misuse, or violation of these Terms. Digikraft.io reserves the right to modify or cancel the DigiKoins program at any time. If you or Digikraft.io deactivate or suspend your Digikraft.io account, any unused DigiKoins in your account will be forfeited.

Taxes

Digikraft.io 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 Digikraft.io will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount Digikraft.io will be required to withhold will be deducted from the Artist’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

We encourage our Buyers and Artists to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Digikraft.io's Customer Support department for assistance at [email protected].

Order cancellations can be performed on Digikraft.io, when eligible, by Customer Support.

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.

Digikraft.io, 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 canceled for any reason.

Revisions to deliveries can be performed by Artists based on the Artist’s Commission and customer care. Artists may determine the amount of Revisions they wish to offer.

Requests for Revisions can be performed through the Order Page while the order is marked as Delivered.

Requesting to gain more services from Artists beyond the agreed requirements by using the Request Revisions button is not allowed.

Cancellations

Digikraft.io encourages Buyers and Artists to resolve service disputes mutually.

Eligibility for requests to Digikraft.io to cancel an order will be assessed by our Customer Support team 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 Digikraft.io delivery system. See below for Order specific eligibility.

Completed orders (or, where applicable) may be canceled, 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 canceled (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 canceled order will be returned to the Buyer and will be deducted from the Artist or from future revenues of such Artist.

Orders are not eligible to be canceled based on the quality of service/materials delivered by the Artist if the service was rendered as described in the Commission Page.

Customer Support will not take any action against Orders where the applicable has failed to inform their Artist of issues related to the Artist’s service and will allow Artists to provide a resolution first. This does not include non-permitted usage of Digikraft.io.

Any non-permitted usage of Digikraft.io encountered during an Order, after being reviewed by our Customer Support team, may result in the order being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Digikraft.io’s Terms of Service.

Digikraft.io Customer Support will cancel orders based on, but not limited to, the following reasons:

  • The Artist has not delivered the Commission or Package in the advertised time frame.
  • 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 Artist’s delivery.
  • The user is no longer an active Digikraft.io user due to Terms of Service violations or closure of their account.
  • 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 Artist’s Commission Page and cannot be retroactively included once the order is completed for over 14 days.

Refunds

Digikraft.io does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer in the form of DigiKoins.

Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, 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 fees.

Chargebacks

Digikraft.io reviews cases of payment provider chargebacks and disputes on behalf of Artists. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Artist’s favor. If the chargeback case allows, Digikraft.io (or one of Digikraft.io’s Payment Services Providers) will return parts or full revenue back to Artists, otherwise the chargeback amount will be borne by the Artist.

Assumption of Risk

You accept and acknowledge: The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and that you may lose money. A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications, and could therefore also negatively impact the potential utility of NFTs. The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service and the utility of NFTs. You are solely responsible for determining what, if any, taxes apply to your transactions. Digikraft.io is not responsible for determining the taxes that apply to your NFTs. There are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, items on smart contracts with bugs, and items that may become untransferable. You represent and warrant that you have done sufficient research before making any decisions to sell, obtain, transfer, or otherwise interact with any NFTs or accounts/collections. We do not control the public blockchains that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Digikraft.io has no ability to reverse any transactions on the blockchain. There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Digikraft.io will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or any Blockchain network, however caused. The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer. Digikraft.io reserves the right to hide collections, contracts, and items affected by any of these issues or by other issues. Items you purchase may become inaccessible on Digikraft.io. Under no circumstances shall the inability to view items on Digikraft.io or an inability to use the Service in conjunction with the purchase, sale, or transfer of items available on any blockchains serve as grounds for a claim against Digikraft.io. If you have a dispute with one or more users, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

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 Digikraft.io NOR ANY PERSON ASSOCIATED WITH Digikraft.io 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 Digikraft.io, 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 Artist, Digikraft.io AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF Artist.

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

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Digikraft.io, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.