Payment Terms

The following terms (these “Payment Terms”) govern payments you make or receive through www.prometheussys.com (the “Site”), operated by Prometheus Systems LLC (228 Park Ave S #789283 New York NY 10003).

Prometheus Systems (228 Park Ave S #789283 New York NY 10003) processes card payments from the U.S. Prometheus Systems LLC are collectively referred hereto as “Prometheus Systems” “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 Prometheus Systems' General Terms of Service as applicable (collectively, the “Terms of Service”).

1. Key Terms

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

Balance is the aggregated amount of your Revenue as a consultant and/or returned payments from canceled Orders as a Buyer.

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

Revenue is the money that Consultants earn from completed Orders and can either withdraw or use to purchase on Prometheus Systems, subject to these Terms.

2. Receiving Payments

2.1 General

Each Service you sell and successfully complete, accredits your account with revenue equal to 85% of the purchase amount. If multiple hours were booked and they were successfully completed then you will be accredited 85% of the Hourly Rate for the number of hours completed per service.

Prometheus Systems accredits Consultants once an Order is completed. If an Order is canceled (for any reason), the funds paid will be returned to the Buyer’s Balance.

Consultants 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. Consultants 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 or otherwise agreed between Consultant and Buyer, is inclusive of all such taxes and charges that may apply to the Sellers.

Appointment as Limited Payment Collection Agent

 

Consultant hereby appoints Prometheus Systems LLC as Consultant’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from the Buyer(s), and remitting those payments to the Consultant. Consultant agrees that payment from Buyer to Prometheus Systems shall be considered the same as payment made directly to Consultant. Buyer’s payment obligation to Consultant will be satisfied upon receipt of payment by Prometheus Systems (or its Payment Services Provider, as applicable), and Prometheus Systems (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Consultant in the manner described in these Payment Terms. In the event that Prometheus Systems (via Payment Services Provider) does not remit any such amounts to Consultant, the Consultant will have recourse only against Prometheus Systems and not the Buyer directly. Consultant agrees that Prometheus Systems 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 Prometheus Systems may deem necessary or prudent.

Prometheus Systems partners with Payment Services Providers for purposes of collecting payments from Buyers, transferring such payments from Buyers to Consultants, and holding funds in connection with Balances. All payments services in connection with the withdrawal of funds on the Prometheus Systems platform are performed by Prometheus Systems' Payment Services Providers.

2.2 Withdrawing Revenues

To withdraw your revenue, you must have an account with at least one of Prometheus Systems' Payment Service Providers for the withdrawal methods listed below. All funds eligible for Withdrawal will be held on your behalf at an account with Prometheus Systems' Payment Services Provider. All payment services, including withdrawal services, will be provided by Prometheus Systems' Payment Services Provider.

Your Prometheus Systems profile can be associated with only one account from each Prometheus Systems withdrawal method. A Payment Service Provider withdrawal account can be associated with only one Prometheus Systems profile.

Revenues are only made available for withdrawal following a safety clearance period of 14 days after the Order has been completed. Consultants may withdraw their revenues using one of Prometheus Systems' withdrawal options (see Withdrawal Method section below regarding withdrawal fees). To withdraw your available revenue, you must click on the designated withdrawal provider to initiate the withdrawal process.

For security concerns, Prometheus Systems may temporarily disable a Consultant’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Prometheus Systems accounts to a single withdrawal provider.

Withdrawals can only be made in the amount available to you.

Withdrawal fees vary depending on the withdrawal method and are defined by the Payment Service Providers.

Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has begun.

In certain cases, Consultants may withdraw Revenues in several different currencies. All currency exchange services in connection with such withdrawals are performed by Prometheus Systems' Payment Services Providers. Your Balance is always derived from its US $ value and, therefore, the local currency amount of your Balance may change daily in accordance with exchange rate fluctuations and also includes conversion fees. Consultants always have the option to withdraw Revenues in US $.

Consultants 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 Prometheus Systems' approval.

2.3 Withdrawal Methods

Below are the applicable withdrawal methods and withdrawal fees as charged by the Payment Services Providers:

Withdraw to your PayPal Account - US$0 Fee*.

Direct Deposit (ACH) - US$1 per transfer*. Available only in the US.

* Payment Services Providers may apply additional fees based on your location and currency.

3. Purchasing

3.1 General

Buyers pay Prometheus Systems to create an Order from a Consultant’s Service Page. Prometheus Systems partners with Payment Services Providers for the purpose of collecting all payments from Buyers, transferring such payments from Buyers to Consultants, and holding funds in connection with Balances. All payment services in connection with the collection of funds on the Prometheus Systems platform are performed by Prometheus Systems’ Payment Services Providers.

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

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

In case you have an available Balance, it will be automatically used to pay for your next purchase.

You may not offer Consultants to pay, or make payment using any method other than through the prometheussys site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.

You agree to receive invoices and/or payment receipts from Prometheus Systems 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 Prometheus Systems or Prometheus Systems' Payment Services Providers. Payment Services Providers may also collect such other information as necessary for the purpose of processing withdrawal payments. Prometheus Systems 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.

By using any payment method and/or providing payment details for making purchases on Prometheus Systems, 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 Prometheus Systems; and (d) such actions do not violate any applicable law.

3.2 Quality of Service

Prometheus Systems does not guarantee the quality of work and Prometheus Systems' Customer Support will not accept disputes for the quality of Services.

3.3 Logo & Brand Designs

All Logo & Brand Designs have a fixed US $ price and can be purchased through the Consultant's Service Page. Before completing an Order, you will be able to preview a watermarked version of the Logo & Brand Design embedded with your brand name, and to further modify the Logo Design with the Consultant. Once payment has been made, Orders of Logo & Brand Designs may not be canceled.

3.4 Local Currencies

You can pay on Prometheus Systems' site in several different currencies. For your convenience, prices will be rounded up to the closest number. At checkout, you will see the accurate amount to be paid. 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 Prometheus Systems' Payment Services Providers. In certain cases, however, when certain currencies are not supported by certain payment methods, you will be charged in US $ 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 Prometheus Systems are derived always from their original US $ price and, therefore, non-US $ 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 US $ by changing their currency.

If you paid for an Order in a currency other than US $ and your Order, was later canceled for any reason, the amount returned to your 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 US$ value.

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

3.5 Prometheus Credits

In certain instances, Prometheus Systems may offer you credits (“Prometheus Credits” or “Credits”), either for promotional purposes or otherwise, to be used for purchasing Services offered on the Site. Your available Credit balance will appear in your account. Your valid Prometheus 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, Prometheus Credits expire following three months from their receipt. Prometheus Credits serve only as an incentive to use Prometheus Systems, and, therefore, are not redeemable for cash, have no cash value and are non refundable. Once used, Prometheus Credits may not be returned to your account even if your Order gets canceled. Prometheus 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. Prometheus Systems reserves the right to modify or cancel the Prometheus Credits program at any time. If you or Prometheus Systems deactivate or suspend your Prometheus Systems account, any unused Prometheus Credits in your account will be forfeited.

3.6 Promo Codes

From time to time we may offer you promo codes for purchasing Services offered on the Site, on special discounts. Promo Codes are valid only for purchases on Prometheus Systems 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. Promo Codes do not apply to Prometheus 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. Prometheus Systems reserves the right to modify or cancel promo codes at any time.

4. Taxes

Prometheus Systems 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 Prometheus Systems will be required to collect will be in addition to the purchase amount and any other fees payable by the Buyer, and any amount Prometheus Systems will be required to withhold will be deducted from the Consultant’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.

5. Disputes and Cancellations

We encourage our Buyers and Consultants 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 Prometheus Systems' Customer Support department for assistance.

5.1 Basics

Order cancellations can be performed on Prometheus Systems, when eligible, by Prometheus Systems (via Customer Support or otherwise) or through the Resolution Center.

Filing a transaction dispute or reversing a payment through your payment provider or your bank, after an Order is accepted and delivered, 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 Services, you are encouraged to use the Site's dispute resolution tools to attempt to resolve the matter.

Prometheus Systems, 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 cancelled (for any reason), the funds paid will be returned to the Buyer’s Balance.

Revisions to orders can be performed by Consultants based on the Consultant’s service and customer care. Consultants may determine the amount of revisions they wish to offer, including no revisions.

Requesting to gain more services from Consultants beyond the agreed requirements is not allowed.

5.2 Order Cancellations

Prometheus Systems encourages Buyers and Consultants to resolve service disputes mutually using the Resolution Center.

Eligibility for requests to Prometheus Systems to cancel an Order will be assessed by Prometheus Systems based on a potential misconduct, violations of our Terms of Service and/or our Community Standards and improper usage of the Prometheus Systems delivery system. See below for Order specific eligibility.

Completed Orders may be canceled, upon review of our Customer Support team, based on potential misconduct, violations of our Terms of Service and/or our Community Standards, up to 14 days after the Order 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 Balance and will be deducted from the Consultant’s Balance or, if there are no sufficient amounts in the Consultant’s Balance, from future revenues of such Consultant.

With Logo & Brand Design Orders, once payment has been made, may not be cancelled.

Orders are not eligible to be canceled based on the quality of Service/materials delivered by the Consultant if the service was rendered as described in the Service Page or as agreed between Consultant and Buyer.

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

Any non-permitted usage of Prometheus Systems 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 Prometheus Systems’ Terms of Service.

Prometheus Systems will cancel Orders based on, but not limited to, the following reasons:

Active Orders (after requirements were submitted to the Consultant and before the Consultant completes the order on Prometheus Systems):

The Seller is late and unresponsive for more than 24 hours while the Order hasn't been completed.

Users are abusive towards the other party through threats of leveraging Order materials (such as logins, personal information) against each other.

Users supplied or included copyright/trademark infringing materials as part of their requirements or the Seller’s delivery.

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

Completed Orders (after the Consultant delivers and before the buyer receives the Order):

The Consultant 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.

The Consultant requests additional payments, on or off the Prometheus Systems platform, by withholding the final delivery of services directly related to the agreed requirements.

Users who attempt to gain more services from Consultants beyond the agreed requirements.

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

Completed Orders (after the order is complete and before the 14-day limitation):

Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

Prometheus Systems 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.

5.3 Chargebacks

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

5.4 Refunds

Prometheus Systems does not automatically refund payments made for canceled orders back to your payment provider. Funds from cancellations are returned to the Buyer's Balance and are available for future purchases on Prometheus Systems.

Refunds from Buyer’s Balance (i.e. refunds directly to your payment provider) can be requested. The refund will be based on your payment method(s), 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.

Consultants may offer a partial refund with respect to a specific Order to the Buyer. Upon acceptance by the Buyer of such partial refund, the amount will be automatically refunded to the Buyer‘s payment method. In the event that Prometheus Systems will not be able to refund the agreed amount to Buyer’s payment method, such amount will be added to Buyer’s Balance.

6. General Terms

6.1 Modifications

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

You understand and agree that if you use Prometheus Systems after the date on which the Payment Terms have changed, Prometheus Systems will treat your use as acceptance of the updated Payment Terms. If you do not agree to the changes of the Terms, you will have to deactivate your account.

Prometheus Systems may change these Terms due to changes in the Site and in the usual course of developing our product and services, changes in any relevant feature or functionality of the Site, changes in circumstances beyond our reasonable control, to adapt to new technologies, and to address changes in law and regulatory requirements as well as security and fraud issues.

6.2 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, PROVIDED THAT WE HAVE ACTED WITH REASONABLE PROFESSIONAL DILIGENCE. NEITHER PROMETHEUS SYSTEMS NOR ANY PERSON ASSOCIATED WITH PROMETHEUS SYSTEMS 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.

6.3 Limitation on Liability

PROVIDED THAT PROMETHEUS SYSTEMS HAS ACTED WITH REASONABLE PROFESSIONAL DILIGENCE, IN NO EVENT WILL PROMETHEUS SYSTEMS, 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 SELLER, PROMETHEUS SYSTEMS AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF CONSULTANT.

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