Welcome to 4Geeks
Thanks for using our products and services ("Services"). The Services are provided by 4Geeks Technologies, Inc. ("4Geeks", "we", "us"), located at 2711 Centerville Road Wilmington, DE 19808 United States of America.
By using our Services, you are agreeing to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
1. Acceptance of Terms
In terms of this agreement 4Geeks will provide the following Services:
2.1. Setting you up as a Merchant of the Product on 4Geeks' platform and establishing a Merchant Account which provides you with access to the 4Geeks Console and allows you to view all sales made by 4Geeks and the monies which are due to the Merchant.
2.3. Product fulfilment, order support and being responsible for all aspects of Sales Tax as the reseller of the Product.
3. Payments, Deposits and Payouts
3.1. 4Geeks shall deposit to Merchant for each successful completed sale of the Product, less any sales tax, the 4Geeks commission (5.5% + $0.30 USD per successful transaction), disputed transactions, chargebacks and related bank fees ($15 USD per lost dispute).
3.2. 4Geeks will make international transfers (or domestic transfer if possible) at no extra costs. 4Geeks is not responsible for any charges or fees associated with the making of transfers via international bank transfer.
3.3. 4Geeks will report to you in USD currency, however you will be able to access original currency on transactions detail.
4. Merchant Obligations
If the Merchant fails to provide the Merchant Information requested, we reserve the right to suspend the provision of our Services until such Merchant Information is provided.
The Merchant shall provide correct and complete URL(s) to us. The Merchant may, subject to our prior written approval, amend its existing URL(s) or add new URL(s) from time to time, in which case the same obligations as apply to existing URLs shall apply to such amended or additional URL(s).
The Merchant is responsible for correctly entering all information into the 4Geeks Console.
You represent and warrant to 4Geeks that:
5.1. the information you have provided on the 4Geeks Console is correct and up to date.
5.2. the information you have provided in respect of the Product or type or category of Product is correct and up to date.
5.4. the Product complies with our Acceptable Use Policy and the sale of the Product is in compliance with all Payment Scheme Rules and applicable laws in the countries where the Buyers are based.
5.5. you own and operate the URL(s) listed in your application for a Merchant Account and/or as otherwise approved by 4Geeks from time to time.
5.6. you will not use the Services to facilitate the sale of Products on websites or applications other than the URL(s).
5.7. the Product is free from defect and fit for purpose.
5.10. you have complied and will continue to comply with all applicable laws, statutes, ordinances and regulations (including, without limitation, the Data Protection Legislation in respect of any Buyer data passed to you by 4Geeks).
5.11. you will at all times comply with all applicable 4Geeks policies.
You agree to indemnify, defend and hold harmless 4Geeks, its employees, officers and directors, or users from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable legal fees) arising from:
- any information that you or anyone using your account may submit or access in the course of using the Services.
- any violation or failure by you to comply with all laws and regulations in connection with your use of the Services, whether or not described herein.
- any disputes in respect of the Product.
6.1 each party shall exercise the same degree of care to avoid the publication or dissemination of the confidential information of the other party as it affords to its own confidential information of a similar nature which it desires not to be published or disseminated, which in any event shall not be less than reasonable care.
- is rightfully received by the receiving party from another party without confidential obligation to such party, or
- is known to or developed by the receiving party independently without use of the confidential information, or
- is, or becomes generally known to the public by other than a breach of duty hereunder by the receiving party; and
- furthermore, a receiving party may disclose confidential information that is required to be disclosed pursuant to a requirement of a government agency or law so long as the receiving party provides prompt notice to the disclosing party of such requirement prior to disclosure.
7. Suspended Accounts
7.1. Where you have no sales for a period of six (6) consecutive months and there is a positive Account Balance, 4Geeks reserves the right to charge you an account dormancy charge and/or deactivate your Supplier Account. No-activity accounts with a negative balance and no sales activity in the preceding 15 days will be deactivated immediately.
7.3. If there are insufficient funds (less than a sum equalling your refund rate or chargeback rate as applicable x gross sales in the previous 90 days) at any time to cover potential refunds, chargebacks, charges against the Supplier Account or other liabilities you may owe to us ("Liabilities"), you agree to either put 4Geeks in sufficient funds or agree that we may exercise the right of set-off in clause 7.1 at any time without notice to the Supplier whether such liability is present or future, liquidated or unliquidated, actual or contingent. If the liability to be set off is expressed in different currencies, we may convert such liability at a market rate of exchange for the purpose of set-off. In the event such set-off does not fully reimburse us for the liability owed, the Supplier shall immediately pay us a sum equal to any shortfall.
7.4. For the avoidance of doubt, 4Geeks is not obliged to pay any revenues associated with activities or Products which it considers in its discretion to be fraudulent or illegal under any relevant law or regulation.
8. Rights and Obligations on Termination or Expiration
9.5. Unless otherwise expressly agreed, no delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
9.9. The parties are independent businesses and not partners, principal and agent, or employer and employee, or in any other relationship of trust to each other.
9.11. 4Geeks could use Supplier name, logo, social networks profiles and any other public information for marketing matters.
10. Governing Law and Jurisdiction