contract

[rickymazzamauro]

Hi, a client I'm working with (a record label) has asked me to send them my email address to sign an electronic contract, and it seems they don't want to accept the delivery, which, by the way, they like, without this option, prior to this. How should I proceed to avoid violating the Terms of Service (TOS)?"

Thank you

[vickieito]

7 minutes ago, rickymazzamauro said:

Hi, a client I'm working with (a record label) has asked me to send them my email address to sign an electronic contract, and it seems they don't want to accept the delivery, which, by the way, they like, without this option, prior to this. How should I proceed to avoid violating the Terms of Service (TOS)?"

Thank you

HI @rickymazzamauro, Let your buyer know that Fiverr ToS prevents you from sharing your contact information and contracts are not necessary because Fiverr's ToS already includes language that states: 

Quote

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Fiverr also has an Intellectual Property Claims and Community Standards on Intellectual Property with a lot more details on how Fiverr ensures the protection of your buyer's intellectual property:

https://www.fiverr.com/intellectual-property

https://www.fiverr.com/community/standards/intellectual-property

You can also let your buyer know that if they still have concerns, you can submit a ticket to Fiverr's CS to provide further guidance for their specific needs.

[rickymazzamauro]

Thank you Vic, I have just written to the CS, let's see what they say.

[vickieito]

5 minutes ago, rickymazzamauro said:

Thank you Vic, I have just written to the CS, let's see what they say.

I hope you can resolve this issue with the buyer! Usually, buyers are understanding when they see that you are trying to be helpful even when we have limitations due to Fiverr's ToS. I know that Fiverr does allow sellers to sign NDAs if it's necessary to complete the gig, so that may be the case for you and your client. Without knowing what's in the contract, it's hard to say.

[rickymazzamauro]

Honestly, I don't know how to proceed. The client insists and won't accept the order

[rickymazzamauro]

or maybe she, not me, can send me HER email??

[vickieito]

Just now, rickymazzamauro said:

The client insists and won't accept the order

It sounds like what you're doing is the best course of action - "I'd love to help you but let me reach out to CS to help with your request."

1 minute ago, rickymazzamauro said:

or maybe she, not me, can send me HER email??

Let's just wait and see what steps CS recommends - I don't see how sharing anyone's email helps with the situation. Fiverr's ToS also states that outside contracts can't be signed (and it sounds like you can't even see what the contract is until you provide your contact info). So we don't even know what the contract is all about. I really don't think the contract is necessary and am hoping that CS can resolve the issue with your buyer. It sounds like your buyer doesn't know how Fiverr operates.

I'll copy @Lena onto this thread as well.

[rickymazzamauro]

CS "According to our guidelines, we do not allow the sharing of email addresses with clients, unless it is necessary to send them an email as a form of credentials for a website or similar purposes."

[vickieito]

I would ask CS to message the buyer on your behalf because this has already been communicated by you. Also ask CS what can be done since the order otherwise meets all buyer expectations and it's only the contract that the buyer is adamant about that is holding up the buyer's acceptance of the order.

[vickieito]

CS should be able to advise on the best way to proceed. Clarify with CS that you don't need clarification on the ToS, but you need to know how to proceed now, knowing that the buyer won't budge from their stance and Fiverr won't allow you to accommodate the buyer's request.

[rickymazzamauro]

no way, no solution! "We take this matter very seriously, which is why we kindly ask you to keep your identities outside of Fiverr anonymous. We have a policy in place that prohibits the sharing of any contact information, such as email addresses, s***e/IM usernames, telephone numbers, or any other personal details that may lead to outside communication.
 
When it comes to communicating with buyers, the best approach is to address their needs and try to find a mutual agreement. If you have followed their initial request and completed everything as asked, you can kindly point that out and provide them with detailed explanations if they have any concerns or want to make corrections. If they need further assistance, you can offer your help, but it's also important to consider if you want to continue working with this customer based on your own priorities and earnings"

Edited October 12, 2023 by rickymazzamauro

[vickieito]

5 minutes ago, rickymazzamauro said:

but it's also important to consider if you want to continue working with this customer based on your own priorities and earnings"

I would emphasize that the work has already been completed and delivered - so your work is done. There is nothing else that you can do to appease this customer that would also comply with Fiverr's ToS. Choosing not to work with this customer would mean that you would cancel the order AND risk a negative review because you refuse to break Fiverr's ToS. This isn't really an option because you performed the work to the buyer's specifications and you should be paid for the work that was delivered.

5 minutes ago, rickymazzamauro said:

When it comes to communicating with buyers, the best approach is to address their needs and try to find a mutual agreement.

There is no mutual agreement without breaking Fiverr's ToS. Unless the buyer is willing to accept your order as-is without the signed contract.

Edited October 12, 2023 by vickieito

[rickymazzamauro]

What a situation! We are professionals, and this really seems like a game for kids who have to behave in class. It doesn't seem like a exchange among professionals.

[vickieito]

Just now, rickymazzamauro said:

What a situation! We are professionals, and this really seems like a game for kids who have to behave in class. It doesn't seem like a exchange among professionals.

I agree! Have you communicated Fiverr's response back to your buyer yet?

[rickymazzamauro]

we are a big professional studio and the client want to sign an electronic contract by via email. nothing strange, done a thousand of times out of Fiveer!

[vickieito]

Just now, rickymazzamauro said:

we are a big professional studio and the client want to sign an electronic contract by via email. nothing strange, done a thousand of times out of Fiveer!

How frustrating! Fiverr CS usually doesn't step in until a cancelation or delivery is made. So they are really putting it all on you to decide what to do. Are you going to let the buyer cancel? Or are you going to stand your ground and insist on the buyer accepting the order? It looks like they won't do anything until a decision is made and the order is closed or canceled.

[rickymazzamauro]

thank you for your support, this is unreal!

[vickieito]

If I were CS, I would just send an email to the buyer saying, "Hey what you're asking the seller to do is against our ToS." With links to the ToS and Community Standards. It makes a difference when it comes from CS versus a seller (even though you are a Pro seller). 

I have had CS send direct messages to buyers on my behalf (usually when they disappear on me), so I know it can be done. Those buyers usually come back to me once CS contacts them.

[catwriter]

@rickymazzamauro, would the buyer accept to send you the contract through Fiverr? As an attachment on the order page?

[rickymazzamauro]

3 minutes ago, catwriter said:

@rickymazzamauro, would the buyer accept to send you the contract through Fiverr? As an attachment on the order page?

I did not asking her yet! but she want to sign it in electronic way. The this is that I have already done it here, but it was specified in the custom order.

[catwriter]

2 minutes ago, rickymazzamauro said:

but she want to sign it in electronic way.

I'm not sure what you mean by this, so sorry if this is a stupid question: is it possible for the contract to be sent through Fiverr, and then you return it to your client signed (also as an attachment)? The same way as the NDAs are handled?

[rickymazzamauro]

I can't take any risks because currently, this is my primary source of income, but still, this company and the girl are everywhere on the web

[rickymazzamauro]

2 minutes ago, catwriter said:

I'm not sure what you mean by this, so sorry if this is a stupid question: is it possible for the contract to be sent through Fiverr, and then you return it to your client signed (also as an attachment)? The same way as the NDAs are handled?

No, I expressed myself poorly. She wants to do it electronically, you know, an electronic signature, no scanning or physical signature

[vickieito]

8 minutes ago, rickymazzamauro said:

I have already done it here, but it was specified in the custom order.

What was this? Did you already sign a contract electronically through Fiverr?

2 minutes ago, rickymazzamauro said:

She wants to do it electronically, you know, an electronic signature, no scanning or physical signature

Is this a PDF or web-form?

Edited October 12, 2023 by vickieito

[rickymazzamauro]

It means that this has happened to me once before, but the client had informed me in advance that there would be an NDA to sign, so Customer Support told me to enter my address in the custom order, and that it would serve that purpose. So I did, and nobody said anything to me

[vickieito]

Can you create another custom order to suit this purpose? And do you have the partial refund feature to apply to the current order so that you can use that amount for the NDA order?

I would request a copy of the NDA/contract beforehand, though. I've seen a lot of contracts that buyers wanted me to sign that simply aren't applicable and when I ask them to change the verbiage (to make it more relevant to the project), they tell me to "just sign it." I politely decline if they are unable to make those changes.

Edited October 12, 2023 by vickieito