The following terms (these “Payment Terms”) govern payments you make or receive through www.aotg.ca, operated by Aotg Assistance.

AOTG processes card payments from Canada. Aotg Assistance referred hereto as “AOTG” “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 AOTG’s General Terms of Services as applicable.

Key Terms

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

AOTG Balance is the aggregated amount of your Revenue as a Partner and/or returned payments from canceled orders as a Buyer.

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

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

Receiving Payments

General 

• Each Gig you sell and successfully complete, accredits your account with revenue more than 80% of the purchase amount.

• AOTG accredits Partners 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’s AOTG Balance. 

• Partners 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. Partners 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 Gig page is inclusive of all such taxes and charges that may apply to the Partners.

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

• AOTG partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Partners, and holding funds in connection with AOTG Balances. All payments services in connection with the withdrawal of funds on the AOTG platform are performed by AOTG’s Payment Services Providers.

• The amount you earn will be deposited into your bank account within 2 Business days.

Purchasing

General

• Buyers pay AOTG to create an order from a Partner’s Gig page or Custom Offer, using the Order Now button. AOTG partners with Payment Services Providers for purposes of collecting all payments from Buyers, transferring such payments from Buyers to Partners, and holding funds in connection with AOTG Balances. All payments services in connection with the collection of funds on the AOTG platform are performed by AOTG’s Payment Services Providers.

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

• In most locations, purchases on AOTG can be made by using one of the following payment methods: Credit Card, PayPal, AOTG Credits or existing AOTG Balance. Additional payment methods may apply in certain locations. More information on available payment methods is available here.

• Service fees are added at the time of purchase where you can review and accept the total amount requested to pay. These fees cover administrative fees. As of May 2021, the service fees are 5.0% of the purchase amount.

• Your existing AOTG Balance will be automatically applied to your next purchase.

• You may not offer Partners to pay, or make payment using any method other than through the AOTG.ca 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 AOTG 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 AOTG or AOTG’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments.  AOTG 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 AOTG, 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 AOTG; and (d) such actions do not violate any applicable law.

Local Currencies

• You can pay on AOTG 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 AOTG’s Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in CAD$ 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.

• Note that all prices on AOTG are derived always from their original CAD$ price and, therefore, non-CAD$ currency prices may change daily in accordance with exchange rate fluctuations and may also include conversion fees. Buyers always have the option to pay in CAD$ by changing their selected displayed currency.

• If you paid for an Order in a currency other than CAD$ and your Order was later canceled for any reason, the amount returned to your AOTG Balance would be based on the exchange rate as of the date of cancellation. Therefore, the returned amount may vary from the paid amount in local currency terms, while always maintaining the same CAD$ value.

• Your AOTG Balance is always valued in CAD$, even if it is displayed in a non-CAD$ currency. Therefore, should you choose to view your AOTG Balance in any currency other than CAD$, it may change daily in accordance with exchange rate fluctuations, while always maintaining the same CAD$ value. Users always have the option to view their AOTG Balance in CAD$ by changing their selected displayed currency.

AOTG Credits

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

Promo Codes

From time to time we may offer you promo codes for purchasing Gigs and/or other services offered on the Site, on special discounts. Promo Codes are valid only for purchases on AOTG and are subject to different time limitations and will expire after their predefined term. To exercise your promo code, simply enter the code on the checkout page. If you fail to do so, your purchase will not be eligible for the discount. Promo codes are limited to one use per user and may not be used or combined with any other promotion. For orders that are composed of one or more milestones, the promo code will apply to the first milestone only. Promo Codes do not apply to AOTG Credits. Promo codes may be subject to additional conditions and restrictions as will be disclosed to you upon receipt of the promo codes. Promo codes may be voided in the event of fraud, misuse, or violation of the Terms of Service. AOTG reserves the right to modify or cancel promo codes at any time.

Taxes

• AOTG 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 AOTG will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount AOTG will be required to withhold will be deducted from the Partner’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 and Cancellations

We encourage our Buyers and Partners 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 AOTG's Customer Support department for assistance here.

Basics

• Order cancellations can be performed on AOTG, when eligible, by Customer Support or through the Resolution Center per order.

• 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.

• AOTG, 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.

• If an order is canceled (for any reason), the funds paid will be returned to the Buyer’s AOTG Balance.

• Revisions to deliveries can be performed by Partners based on the Partner’s Gig and customer care. Partners may determine the amount of revisions they wish to offer, including no revisions.

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

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

Order Cancellations

• AOTG encourages Buyers and Partners to resolve service disputes mutually using the Resolution Center.

• Eligibility for requests to AOTG 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 AOTG delivery system. See below for Order specific eligibility.

• Completed orders (or, where applicable, completed milestones) 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’s AOTG Balance and will be deducted from the Partner’s AOTG Balance or, if there are no sufficient amounts in the Partner’s AOTG Balance, from future revenues of such Partner.

• Orders are not eligible to be canceled based on the quality of service/materials delivered by the Partner if the service was rendered as described in the Gig Page. You may rate your experience with the Partner on the Order Page, including the overall level of service quality received.

• You must use AOTG Resolution Center to address your concerns and desired resolution related to the service provided by their Partner prior to contacting Customer Support. Customer Support will not take any action against Orders where the applicable has failed to inform their Partner of issues related to the Partner’s service and will allow Partners to provide a resolution first. This does not include non-permitted usage of AOTG.

• Any non-permitted usage of AOTG 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 AOTG’s Terms of Service.

• AOTG Customer Support will cancel orders based on, but not limited to, the following reasons:

Active orders (after requirements were submitted to the Partner and before the Partner delivers on AOTG):

1. The Partner is late and unresponsive for more than 24 hours while the order is marked as Late.

2. Users are abusive towards the other party through threats of low ratings or leveraging order 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 Partner’s delivery.

4. The user is no longer an active AOTG user due to Terms of Service violations or closure of their account.

Delivered Orders (after the Partner clicks Deliver Now and before the order is marked as complete)

1. The Partner uses the Delivery 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 Partner delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.

3. The Partner requests additional payments, on or off the AOTG platform, by withholding the final delivery of services directly related to the agreed requirements.

4. The Partner is withholding the final delivery of services for improved ratings.

5. Users who abuse the Request Revisions button to gain more services from Partners beyond the agreed requirements.

6. Users who threaten to leave a damaging review to gain more services from the Partner not related to the agreed requirements.

Completed Orders (after the order 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 Partner’s Gig Page and cannot be retroactively included once the order is completed for over 14 days.

3. AOTG Customer Support will review cases of Order delivery manipulation that prevents users from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Chargebacks 

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

Refunds

• AOTG does not automatically refund payments made for canceled orders back to your payment provider. Funds from order cancellations are returned to the Buyer's AOTG Balance and are available for future purchases on AOTG. As of November 1, 2020, AOTG returns service fees to your AOTG Balance once an order is canceled. In any event, if the service fees were not returned to your AOTG Balance following an order cancelation, such service fees’ amount will be exempted from your next purchase on AOTG. 

• 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 fee.

General Terms

Modifications

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

• You understand and agree that if you use AOTG after the date on which the Payment Terms have changed, AOTG 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 AOTG NOR ANY PERSON ASSOCIATED WITH AOTG 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 AOTG, 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 PARTNER, AOTG AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF PARTNER.

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