Rise's Payment Terms

Last Update: June 2021

Welcome to Riseworks.io

The following terms (these "Payment Terms") govern payments you make or receive through www.riseworks.io (the "Site"), operated by Rise Works, Inc (235 W 71st street, New York, NY, 10023, USA).

Rise Works, Inc (235 W 71st street, New York, NY, 10023, USA) processes card payments from the U.S. and outside the U.S. Rise Works, Inc. is referred hereto as "Rise" "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 Rise's General Terms of Service as applicable (collectively, the "Terms of Service").

Key Terms

Capitalized terms used but not defined herein shall have the respective meanings given to them in the Terms of Service.

Rise Balance is the aggregated amount of your Revenue as a Freelancer and/or returned payments from canceled Projects as a Customer.

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

Revenue is the money that Freelancers earn from completed Projects and can either withdraw, use to purchase on Rise, or use to access Decentralized Finance protocols through Rise, subject to these Terms.

Digital Wallet or Wallet refers to the encrypted wallet a user, whether Freelancer or Customer, generates when signing up on Rise. This wallet allows users to sign off transactions, such as project completion, and receive funds once a project has been completed. Rise does not own the private keys nor the password of the wallet. The user's wallet is completely controlled by the user and the user is fully responsible for the retention of the password and the security of said wallet.

Stablecoins refer to Circle's USDC stablecoin. Rise uses USDC to pay freelancers for their completed works. USDC is issued by regulated financial institutions, backed by fully reserved US dollars, redeemable on a 1:1 basis for US dollars, and governed by Centre, a membership-based consortium that sets technical, policy and financial standards for stablecoins. More information available here.

Rise Smart Contract refers to the computer program Rise has deployed on the Ethereum Blockchain to process transactions for Freelancers.

General

  • Each Service you sell and successfully complete, accredits your account with revenue equal to 95% of the purchase amount.
  • Revenue is accounted for in USDC.
  • Once a project is completed by the client, Freelancers see their funds on their wallet balance. See the "Projects" section in the Terms of Service for a definition of a completed project.
  • If a project is canceled (for any reason), the funds paid will be returned to the Customer.
  • Freelancers 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. Freelancers 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 Service page is inclusive of all such taxes and charges that may apply to the Freelancers.
  • Appointment as Limited Payment Collection Agent: Freelancer hereby appoints Rise as Freelancer's limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Customer, and remitting those payments to Freelancer. Freelancer acknowledges and agrees that Rise shall be Freelancer's Agent of Record. Freelancer agrees that payment from Customer to Rise shall be considered the same as made directly to Freelancer. Customer's payment obligation to Freelancer will be satisfied upon receipt of payment by Rise (or its Payment Services Provider, as applicable), and Rise (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Freelancer in the manner described in these Payment Terms. In the event that Rise (via Payment Services Provider) does not remit any such amounts to Freelancer, the Freelancer will have recourse only against Rise and not the Customer directly. Freelancer agrees that Rise 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 Customers that Rise may deem necessary or prudent.
  • Rise partners with Payment Services Providers for purposes of collecting payments from Customers. All payments services in connection with the withdrawal of funds on the Rise platform are performed by Rise's Payment Services Providers.
Withdrawing Revenues
  • To withdraw your revenue, you must have a digital wallet or an account with at least one of Rise's Payment Service Providers for the withdrawal methods listed below. All payment services, including withdrawal services, will be provided by Rise's Payment Services Provider.
  • Your Rise profile can be associated with only one account from each Rise withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Rise profile.
  • Freelancers may withdraw their revenues using one of Rise'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.
  • 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.
  • Freelancers 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 Rise's approval.
Withdrawal Methods
  • Withdraw to your Coinbase wallet - $0 Fee*. For more information on Coinbase click here.

* Gas network fees may apply.

Purchasing

Customers General
  • Customers pay Rise to create a project from a Freelancer's Service page or Custom Offer, using the Pay button. Rise partners with Payment Services Providers for purposes of collecting all payments from Customers. All payments services in connection with the collection of funds on the Rise platform are performed by Rise's Payment Services Providers.
  • Rise serves as Freelancer's limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Customer, and remitting those payments to Freelancer. Customer's payment obligation to Freelancer will be satisfied upon receipt of payment by Rise (or its Payment Services Provider, as applicable), and Rise (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Freelancer in the manner described in these Payment Terms. In the event that Rise (via Payment Services Provider) does not remit any such amounts to Freelancer, the Freelancer will have recourse only against Rise and not the Customer directly.
  • In most locations, purchases on Rise can be made by using one of the following payment methods: Credit Card, Debit Card or existing Rise Balance.
  • Service fees are added at the time of purchase where customers can review and accept the total amount requested to pay. These fees cover administrative fees. As of November 2020, the service fees are 5% of the purchase amount from Freelancers and 10% of the purchase amount from Customers.
  • You may not offer Freelancers to pay, or make payment using any method other than through the Riseworks.io site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  • You agree to receive invoices and/or payment receipts from Rise 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 Rise or Rise's Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. Rise 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 Rise, 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 Rise; and (d) such actions do not violate any applicable law.

Taxes

  • Rise 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 Rise will be required to collect will be in addition to the purchase amount and any other fees payable by the Customer, and any amount Rise will be required to withhold will be deducted from the Freelancer'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 Customer 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 Customers and Freelancers 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 Rise's Customer Support department for assistance here.

Basics
  • Project cancellations can be performed on Rise, when eligible, by Customer Support or through the Resolution Center per project.
  • 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 project, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.
  • Rise, through its Payment Services Provider, reserves the right to cancel projects or place funds on hold for any suspected fraudulent transactions made on the Site.
  • All transfer and assignment of intellectual property to the Customer shall be subject to full payment and the delivery may not be used if payment is canceled for any reason.
  • If a project is canceled (for any reason), the funds paid will be returned to the Customer's payment method.
  • Revisions to deliveries can be performed by Freelancers based on the Freelancer's Service and customer care. Freelancers may determine the amount of revisions they wish to offer, including no revisions.
  • Requests for revisions can be performed through the Project Page while the project is marked as Delivered.
  • Requesting to gain more services from Freelancers beyond the agreed requirements by using the Request Revisions button is not allowed.

Project Cancellations

  • Rise encourages Customers and Freelancers to resolve service disputes mutually using the Resolution Center.
  • Eligibility for requests to Rise to cancel an project 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 Rise delivery system. See below for Project specific eligibility.
  • Completed projects (or, where applicable, completed milestones) may be canceled, upon review of our Customer Support team, up to 14 days after the project (or Milestone) is marked as complete. Please be advised that projects cannot be partially canceled (i.e. we can only cancel the entire project when it is justified).
  • In rare circumstances where we find it appropriate, our Customer Support team may cancel a completed project even after 14 days have passed from its completion. In such cases, the amounts paid for the canceled project will be returned to the Customer's Rise Balance and will be deducted from the Freelancer's Rise Balance or, if there are no sufficient amounts in the Freelancer's Rise Balance, from future revenues of such Freelancer.
  • Projects are not eligible to be canceled based on the quality of service/materials delivered by the Freelancer if the service was rendered as described in the Service Page. You may rate your experience with the Freelancer on the Project Page, including the overall level of service quality received.
  • Any non-permitted usage of Rise encountered during a Project, after being reviewed by our Customer Support team, may result in the project being canceled. This includes, but not limited to; harassment, unlawful behavior, or other violations of Rise's Terms of Service.
  • Rise Customer Support will cancel projects based on, but not limited to, the following reasons:

Active projects (after requirements were submitted to the Freelancers and before the Freelancer delivers on Rise):

  1. The Freelancer is late and unresponsive for more than 48 hours while the project is marked as Late.
  2. Users are abusive towards the other party through threats of low ratings or leveraging project materials (such as logins, personal information) against each other.
  3. Users supplied or included copyright/trademark infringing materials as part of their requirements or the Freelancer's delivery.
  4. The user is no longer an active Rise user due to Terms of Service violations or closure of their account.

Delivered Projects (after the Freelancer clicks Upload Final and before the project is marked as complete)

  1. The Freelancer uses the Information 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.
  2. The Freelancer delivers no files and/or proof of work related to the agreed upon project requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
  3. The Freelancer requests additional payments, on or off the Rise platform, by withholding the final delivery of services directly related to the agreed requirements.
  4. The Freelancer is withholding the final delivery of services for improved ratings.
  5. Users who abuse the Request Revisions button to gain more services from Freelancers beyond the agreed requirements.
  6. Users who threaten to leave a damaging review to gain more services from the Freelancer not related to the agreed requirements.

Completed Projects (after the project is marked as complete and before the 14-day limitation)

  1. Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
  2. 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 Freelancer's Service Page and cannot be retroactively included once the project is completed for over 14 days.
  3. Rise Customer Support will review cases of Project delivery manipulation that prevents users from fully utilizing our Resolution Center that enabled the project to be marked as complete.
Chargebacks

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

Refunds
  • Rise does not automatically refund payments made for canceled projects back to your payment provider. Funds from project cancellations are returned to the Customer's Rise Balance and are available for future purchases on Rise.
  • Deposit refunds (i.e. refunds directly to your payment provider) can be performed by our Customer Support team, based on the Project'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.

General Terms

Modifications
  • Rise may make changes to these Payment Terms from time to time. When these changes are made, Rise will make a new copy of the terms available on this page.
  • You understand and agree that if you use Rise after the date on which the Payment Terms have changed, Rise 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 RISE NOR ANY PERSON ASSOCIATED WITH RISE 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 RISE, 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 FREELANCER, RISE AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF FREELANCER.

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 Rise, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.