Billing and Payments

Work performed in the Ajeva marketplace is performed either on an hourly or a fixed price basis. The Ajeva management tools provide the buyer with great visibility into the work performed by the Providers. Buyers are encouraged and agree to utilize these tools to effectively manage the resources that they have hired on their account.

Ajeva and its employees are not involved in any capacity in the management of the work. Therefore, Buyers agree there is no guarantee of the perceived quality of work by Ajeva. Under hourly assignments, Buyers have no commitment to continue an assignment with a Provider and have the flexibility to scale their team up and down at any time. Buyers should end assignments when Providers if there is ever a decline or lack of quality in the work performed. Buyers are still responsible for all approved hours worked on their account.

For Fixed Price Assignments, buyers are not required to pay for unsatisfactorily completed work. The Buyer has total discretion over if, when, and how much to pay the Provider for all Fixed Price Assignments.

Every time a Buyer makes a payment, 90% goes to the Provider, and 10% goes to the Ajeva Service Fee. The service fee is always a flat 10% of the total payment. There are no minimums or maximums on the Ajeva service fee.

As a Buyer, except pursuant to the “Buy-Out” provision set below, you agree to pay the Ajeva Fees for all services that you receive from any Provider identified through the Ajeva marketplace or otherwise utilizing the Ajeva System, whether or not you used the Ajeva payment service or Ajeva tools to track, process and pay invoices for such services. For purposes of the foregoing, the Ajeva fees will be deemed to be the greater of (1) $2,500; or (2) the applicable Ajeva fees described in the then-current version of this Billing and Payments Policy that would have been due to Ajeva had Ajeva processed the applicable payments to the Provider plus fifteen percent (15%).

Except pursuant to the “Buy-Out” provision set forth below, you agree not to engage in any action or activity meant to circumvent Ajeva Fees. Prohibited practices include (but are not limited to) the following:

• Placing low value or placeholder bids, with unreasonably high final service charges.
• Failing to report changed bid amounts or final service prices through Ajeva.
• Suggesting or soliciting Users to work outside the Ajeva system.
• Submitting bids or proposals for a project posted on the Ajeva Marketplace outside of the Ajeva system, or otherwise contracting to provide or receive services outside of the Ajeva system with Users who you have identified through the Ajeva system.
• Reporting on the Ajeva Marketplace a project amount different than that agreed between Buyer and Provider.
• Violation of these guidelines may result in suspension or termination of your account. If you are aware of a potential violation, please contact Ajeva Customer Support to report the inappropriate behavior.

Notwithstanding the provisions set forth above, Users may agree to provide or receive services outside of the Ajeva system with Users identified through the Ajeva system, and payments for such services will not be subject to the Ajeva Fees, provided that the Buyer of such services pays Ajeva a "Buy-Out" fee in accordance with the procedure set forth below:

• Prior to contracting to receive services from a User identified through the Ajeva system, the Buyer will notify Ajeva in writing of its intent to pay the Buy-Out fee in lieu of using the Ajeva Payment Service and paying the Ajeva Fees.
• Together with such notice, the Buyer will provide a good faith estimate of the then anticipated amount to be paid to the Provider for such services during the fifty-two week period immediately following the date of such notice.
• Together with such notice, the Buyer will pay or authorize Ajeva to deduct from its account the greater of (i) fifteen percent (15%) of the good faith estimate described above; (ii) fifty-two (52) times the "Average Weekly Ajeva Fees" (as defined below); or (iii) five hundred dollars ($500). For purposes of the foregoing, the "Average Weekly Ajeva Fees" means the average weekly amount of Ajeva Fees that became due to Ajeva based upon work performed for Buyer by the applicable Provider over the four (4) weeks immediately preceding the buy-out notice described above, not counting any weeks in which no Ajeva Fees became due.

Buyers must complete the credit card verification process for all credit and debit cards used for the purpose of paying Providers. Payments received from unverified credit cards cannot be released to Providers. Failure to complete the verification process may result in suspension or termination of your account.

For new Buyers who use a credit or debit card to pay their Ajeva invoice, Ajeva reserves the right to charge the card on file outside the normal billing cycle.

Ajeva provides the Payment Service and requires you to use it to make all payments to Ajeva and to make payments to and accept payments from other Users in the purchase and sale of Services through the Ajeva Marketplace. Solely for purposes of the Payment Service, and not for any other Services available through the Ajeva Marketplace, Ajeva acts as your agent. However, you understand and agree that Ajeva will not hold funds delivered as payments to Ajeva from Users for the purchase and sale of Services through the Ajeva Marketplace in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of Ajeva. In addition, you understand that such commingled funds could be used to pay other Users and by Ajeva for general corporate purposes or otherwise, provided that Ajeva will remain contractually obligated to make payment to you, as a Service Provider, for any purchases and sales of Services provided by you through the Ajeva Marketplace. To the extent Ajeva is obligated to make payment to you as a Service Provider, in accordance with the Ajeva User Agreement and Billing and Payment Policy, you will be an unsecured creditor of Ajeva. You acknowledge that: (1) Ajeva is not a bank or other licensed financial institution; (2) the amounts shown as on deposit in a User account are not segregated into a separate account but represent unsecured obligations of Ajeva to the User with respect to the purchase and sale of Services through the Ajeva Marketplace; (3) Ajeva is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. In addition, your account will not constitute an escrow. By initiating and sending payments through the payment Service, you appoint Ajeva as your agent to obtain the funds and hold on your behalf and to transfer such funds to the Service Provider or Buyer for Services, subject to foregoing and the other terms and conditions of this Billing and Payments Policy. Each Service Provider must properly discharge and credit its Buyer for all payments Ajeva receives through the Payment Service from such Buyers.

Ajeva acts as a payment processor by creating, hosting, maintaining, and providing the Payment Service to you via the Internet. Ajeva does not have any control over the Provider Services purchased or sold with the Payment Service, nor whether a Buyer or Provider you are dealing with will actually complete the transaction. Nothing in the Payment Service will be deemed to constitute Ajeva your agent with respect to any Provider Services purchased and sold by Users through the Ajeva Marketplace.

You agree that you will not receive interest, fees or other earnings on the funds delivered to Ajeva through the Payment Service reflected your account or those funds that Ajeva otherwise handles as your agent. Ajeva may earn and retain interest or other earnings on those funds, and/or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in reflected in accounts. In addition, you agree that Ajeva may use those funds for its own corporate purposes from time to time, with its sole contractual obligation to pay amounts due to Service Providers and Buyers related to the Services for which the payments were received.

Except pursuant to the "Buy-Out" provision set forth above, to pay a Provider, you must use the Payment Service and you must follow the instructions and Payment Service links on the Ajeva Marketplace and provide the information requested. Unless you have a balance in your account, Ajeva will charge your credit card or bank account for the necessary amount. By providing us with your credit card and/or bank account information, you authorize us to charge such credit card or bank account for the amounts stated on the applicable Payment Service Web page. When you instruct Ajeva to pay a Provider using the Payment Service, such instruction constitutes an irrevocable instruction to Ajeva to pay the Service Provider. Once Ajeva has paid funds to the Service Provider, Ajeva may not be entitled to demand return of the funds. You therefore agree, as a condition of using the Payment Service, NOT to ask your credit card company to charge back any amount to Ajeva for any reason. In the event you do, you hereby agree to repay Ajeva for such amounts, plus reasonable attorneys’ fees and costs of collection, and Ajeva reserves the right to terminate Service to you in addition to all other rights available to Ajeva.

Your use of the Payment Service constitutes your agreement to pay for any amounts which you authorize Ajeva to charge against your credit card or bank account. Such payments, once authorized, ARE FINAL.

The Payment Service operates in US Dollars and therefore Ajeva is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Ajeva responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or ACH to and from your account.

Ajeva will make funds deposited in your account generally available for you to use or withdraw. Ajeva reserves the right, at its sole discretion, to place a hold on funds for Buyer payments to clear, or if Ajeva suspects monies may be subject to charge back or if fraud is suspected. Ajeva will release a hold as soon as deemed appropriate.

If, for any reason, Ajeva does not receive payment for any amounts that you have authorized to be paid through your use of the Payment Service or other payment method provided by Ajeva, you agree to pay such amount immediately upon demand by Ajeva. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Ajeva in collecting from you the authorized but unpaid amount. In such case, Ajeva may, at its option, stop processing any further payments made by you and apply any amounts then held by Ajeva on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Payment Service or other Ajeva Service, including by offsetting any amounts due against any amounts held by Ajeva in any Buyer account or that become due to Buyer from any other User. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

Any disputes in connection with Services provided by Providers or payments made by Buyers remain between such Buyers and Providers. By using the Payment Service, you acknowledge that Ajeva will not be a party to any such dispute or be obligated to take any action or refrain from taking any action toward resolving any such dispute. Ajeva may, at its sole discretion, but shall not be required to, withhold or delay payment in the event of dispute between a Buyer and a Provider.