Welcome to GmodStore's Merchant Terms
1. Welcome to our merchant terms! We're Everyday, did we meet before over at the GmodStore Marketplace Terms? Anyway, it's good to see you here, and we’re excited about the possibility of you becoming a merchant with us.
2. Becoming a merchant is easy and if you've reached this point then you're already a member and you've accepted our Marketplace Terms. These additional terms for merchants ("Merchant Terms") are an extra part of the Marketplace Terms that apply specifically to merchants on GmodStore. You'll need to agree to them before you can become a merchant. These govern the relationships, rights and obligations of merchants to us and customers using GmodStore. You agree to put your products on GmodStore and make them available to customers on the basis stated in the Marketplace Terms, the product usage licence and these Merchant Terms.
3. When we say "you" in these Merchant Terms we are referring to you, the merchant whose details are listed as GmodStore account holder. All other words defined or explained in the Marketplace Terms have the same meaning here. If there's any inconsistency between what we say in these Merchant Terms and what is in the Marketplace Terms, what we say in these Merchant Terms prevails.
4. Read on for details about your merchant responsibilities, the process of selling your products on GmodStore and how you can earn money with us.
Becoming a merchant
5. Becoming a merchant is free: Becoming a merchant and putting your products up on GmodStore is free but there is a review process. There are a few things you warrant in exchange for the right to be a merchant, which are outlined in these Merchant Terms.
6. The process to become a merchant: Becoming a merchant is easy. You just have to submit a product to GmodStore followed by submitting the product for review. In our Help & Support centre you'll find instructions and resources to help you get started along with information about payment, submission requirements and other important information about being a merchant.
Selling your products
7. What you're providing:
- licence: When you "sell" a product, you’re making that product available to customers and downloaders for use under certain conditions; you’re not actually selling the product itself. What you're selling includes a licence directly to the customer or downloader to use that product under the relevant usage licence.
- Product support: You can choose whether to support certain products. If you choose to not support a product, this will be identified on the product page.
8. Your earnings; merchant fee: When a product is sold on GmodStore, you will earn the product price component of the list price less a merchant fee that we charge. The merchant fee is what you are charged by GmodStore for the use of our platform and services as a merchant. The merchant fee is currently 20% (twenty percent). The merchant fee you pay to us can change at our discretion, from time to time. Any changes to this rate will take effect on and from the date on which notice of the variation is posted by us on GmodStore.
9. Setting the prices of products: As a merchant, you are responsible for setting the prices for your products. This is known as ‘Merchant Driven Pricing’. You must make all pricing decisions independently, and discussions about your pricing decisions (including with other merchants) are not permitted under any circumstances.
10. Minimum market price: We operate GmodStore with a minimum price for products sold on our marketplace. This is to prevent excessive undershooting and loss of profit margins. Currently, this rate is at $4.99 US Dollars for regular products and at $3.49 US Dollars for DLC (Downloadable Content). The minimum market price may change at our discretion, from time to time. Any changes to these rates will take effect on and from the date on which notice of the variation is posted by us on GmodStore.
11. Review: We have rules about what we accept and don't accept and you can read up on these in our merchant-related knowledge-base articles. Although we like to provide constructive feedback we're not obliged to give you any reasons for rejecting your product. We have the final say on whether products are allowed onto GmodStore.
Product Guidelines and Standards Compliance
12. You acknowledge that by agreeing to these Terms and uploading, selling or distributing your product on GmodStore that your product is in compliance with our guidelines and standards outlined in our "Developer Guidelines for Addons" knowledge-base articles or other related and otherwise similar knowledge-base or help articles. You acknowledge that the guidelines or standards may change from time to time and will be applicable to any new or previous products that you distribute on GmodStore.
13. When you sell your products on GmodStore, the money you make is inserted into a virtual wallet. The money you make is composed of the product price minus the merchant fee and any deductible fees directed by third party payment gateways we use.
14. Your wallet balance: The wallet is neither a bank account nor any kind of payment gateway. Any balance you hold in your Wallet represents an unsecured claim against Everyday.
15. Refunds from your balance: We reserve the right to refund a customer using your wallet balance on your behalf in accordance with our Refund Policy.
16. Payment cycles and methods:
- You ask us to hold the balance of your earnings until they are paid out to you, the GmodStore account holder. You can set up an automatic payment destination which must be owned by you, the GmodStore account holder. We make monthly payouts of your earnings to your payment destination.
- You must provide us with the correct details and payment method when you set your payment destination.
- Despite section 16(a) above, we reserve the right to pay your earnings to you at any time, at our discretion.
- You may bear some or all expenses incurred by us in paying monies to you.
17. Withdrawing your balance: In order to withdraw money from your wallet balance you are required to set up a payout account with GmodStore for your preferred payout method. Everyday reserves the irrevocable right to hold your wallet balance indefinitely until you set up a payout account with GmodStore. We will continue to hold your earnings if we're not able to pay your earnings to you for whatever reason, including if:
- we do not have the correct payment details;
- we can't contact you using the contact details that you have supplied;
- you have not made a request for payment; or
- you are asking for payment to be made to a person, an institution or a country that we're legally prohibited from making payments to, or where there are limitations in the banking systems.
Everyday is not to be held responsible for any payout delays initiated or otherwise caused by a third party payout provider or a bank. In addition, we ask you to understand that the time it takes to make a transfer between our third party payment agents and the third party payout providers is outside our control, this means that you should not hold Everyday responsible for any delays caused by a delayed transfer of funds between our accounts. We're only human and these things can unfortunately happen as some payment agents require us to manually transfer funds between them and our payout provider. We will do our best to make sure you receive your earnings as fast as possible.
18. Restrictions on withdrawals: To protect us and our Merchants from loss, we may delay a withdrawal or make an amount of your balance unavailable, in certain situations but not limited to, if a payment is currently on hold or subject to a reversal by a third party payment agent (for example as a result of a chargeback, bank reversal or dispute by a customer).
If we place a limitation on your balance, a payment is subject to a hold, the limited balance can not be subject to a withdrawal, you will have to reinitialise the withdrawal once the hold has been lifted, or negative balance is fully paid off.
19. Potential deductions:
- Payment methods available for customers to buy your products involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorized transactions (which we don't control). If a GmodStore transaction on a product is subject to payment agents' refunds, chargeback, fees or unauthorized transactions, we may automatically deduct those amounts from your GmodStore wallet balance.
- You or we may also decide to issue a refund to a customer in certain circumstances involving issues with your product outlined in the Refund Policy or transactions that may be reversed for other reasons. If that happens, we reserve the right to deduct from your GmodStore wallet balance any amount that would otherwise be payable to you.
- If you breach any warranty you have made to us, we may offset any amount that we have to pay to anyone else as a result of your breach, against any payments due to you.
20. Currency conversions: whenever we make a payment to you as a merchant, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don't control either the conversion rates or your financial institution's fees).
21. Balance related abuse or exploitation: in the unlikely event that you are able to generate a balance through unintended behaviour of GmodStore, Everyday will reserve the right to hold your balance and restore it to the correct and intended amount. Everyday reserves the right to hold your balance for up to 180 days in the event that you violate these terms or the Marketplace Terms, additionally we reserve the right to issue a refund from your balance to a customer in the event that you violate these terms, the Marketplace Terms or the usage licence associated with the provided product, software or service.
22. Taxes that apply to our services: Any fees paid by you for services made available to you by Everyday in connection with these terms exclude Norwegian MVA (unless expressly stated otherwise on the site). If we make a service under or in connection with these terms on which Norwegian MVA is imposed, any applicable fee that we charge for that service is increased by, and you must also pay to Everyday, an amount equal to the MVA payable by Everyday on that service.
23. Taxes that apply to your products:
- As a merchant on GmodStore, you are responsible for paying any taxes that apply (with the exception of VAT in an EU Member State, and MVA in Norway).
GmodStore will charge, collect and account for:
- VAT in an EU Member State when a customer is located in an EU Member State and does not provide a valid EU VAT Identification number. When a customer is located in an EU Member State and does provide a valid EU VAT Identification Number, it is the customer's responsibility to self-account for VAT. It is not your responsibility as a merchant to account for VAT when a customer is located in an EU Member State.
- MVA in Norway when a customer is located in Norway. Everyday is registered for Norwegian MVA and you authorize Everyday to issue tax invoices in respect of any supplies (including licence sales) made by you to Norwegian customers.
- If required by law, we may deduct or withhold taxes (including withholding tax) in connection with you being a merchant. If so, we will give you relevant documentation that's required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
- We may collect geographical location information to determine your location. You may be required to give us tax-related documentation or information to help us identify you. Information and documentation may be used for tax purposes, so the information you give us must be accurate. Information or documentation may be collected by one Everyday Company and disclosed to or handled by another Everyday Company. We or another Everyday Company may disclose or submit your information to regulators and government authorities in connection with our compliance procedures and obligations.
24. Invoices: We will issue invoices (or in some cases tax invoices) for transactions between merchants and customers on GmodStore.
Your warranties and responsibilities:
25. As a merchant you warrant to us and each customer of your products that:
- you will not use the GmodStore to offer non-GmodStore goods or services to customers;
- you will not buy your own products;
- you will follow any merchant guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
- information and documentation you give us (like your name and address) is accurate; and
- where your product is not marked as 'unsupported', you will provide customers of your product with support within a reasonable time-frame and reasonable limits. Please see the Marketplace Terms section 14(i).
26. Customers' use of your products: We are not liable for any loss suffered by you as a result of a customer or any other person making use of your product contrary to the Marketplace Terms or the product’s licence
27. Other merchants and affiliates’ use of your product: An Everyday affiliate can use your product thumbnail previews in their promotion of GmodStore and no compensation is due for these uses. A fellow merchant may use a watermarked preview of your product in a preview of another product on any Everyday Company site without requiring your permission and without compensating you. The watermarked product is credited either by providing a link to your product on GmodStore or by otherwise attributing your GmodStore product to you.
28. Our use of your product: We may use the whole or part of your products to promote GmodStore. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
29. Product removal: We have the right to remove a product for any reason, using our reasonable discretion. For example, we may review the libraries to keep GmodStore fresh and full of quality products that meet the latest technical standards and market trends. Also, issues about a product might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before a product is removed, but this is not always feasible or possible, so we can't guarantee this. We will not be responsible for any loss that you may suffer as a result of your product being removed.
30. Facilitating transactions: In order to facilitate a transaction on GmodStore, we may provide you with relevant customer information and also may provide customers with your relevant information (for example for invoicing or product support services). You agree that you will keep customer information confidential and only use this information for that GmodStore transaction in compliance with applicable privacy and data protection laws.
31. If, over and above what GmodStore provides you with, a member or a model (via a model release) voluntarily provides you with (or your product accesses or uses) usernames, passwords, photo identification or other personal information of the member or model (personal information), you must:
- provide a privacy notice, making the member or model aware of their personal information that you will receive and how you will handle that information;
- obtain the member's or model's permission to use their personal information;
- use the personal information only for the limited purposes for which the member or model gave permission; and
- meet any privacy and spam law requirements that apply to you.
32. Relationship between us and you: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can act on behalf of the other in any way. However, you appoint us as your limited agent only for these specific purposes:
- for receiving payments from customers (the customer's obligation to pay you for a product will be met when they make a payment to us);
- for passing on your warranties to customers made in section 14 of the GmodStore Marketplace Terms;
- for limiting your liability to customers in sections 37-38 of the GmodStore Marketplace Terms.
|Merchant||3||a member who makes products available for sale on GmodStore|
|Merchant fee||8||is what you are charged by GmodStore for the use of our platform and services as a merchant.|
|EU Member State||23||the countries listed here: https://europa.eu/about-eu/countries/index_en.htm|
|Product price||Marketplace Terms||the price customers pay for the licence to use a product, as detailed in section 10(a) of the Marketplace Terms.|
|Products||Marketplace Terms||digital goods found on GmodStore like Garry's Mod game additions, modifications, models, maps, scripts and much more.|
|Payment method||any payment agent or method we make available on GmodStore.|
Make something great!
We're ecstatic that you made it to the end of this very important document. You can head over and read our knowledge-base articles for merchants which will run through all the practical things you'll need to know.
We wish you all the very best in selling your products on GmodStore!
Version 2.0 - Effective date: November 30, 2020.