On this page is our author policy which explains what we expect from our authors, what standards they should aim for and meet. This policy is part of an entire agreement which you enter into as authors selling your digital items on our marketplace.
Your Example Website is operated by 123 Simples, a UK based web design and hosting provider. This page is our legal terms for authors and we have tried to keep it as simple as possible. If there are any questions that you may have as an author using our platform, please do contact us and ask for clarifications if needed.
Lets go through the definitions first -
1.1 We: https://www.yourexamplewebsite.co.uk/ (hereinafter referred to as the ‘Site’ or ‘Website’ or ‘Platform’ or ‘Yew Marketplace’) is operated by 123 Simples, a UK based business;
1.2 Author: is a registered person, member or business who make digital items available on the Yew Marketplace offered for sale to the public and/or buyers;
1.3 Author Fee: the author fee is what authors are charged by our company for using our platform, and services as an author;
1.4 Buyer Fee: the buyer fee is a fee charged to buyers for handling and processing the transactions of payments, fraud protection, digital item quality control checks, and other related buyer services;
1.5 Item Price: is the price that the seller has agreed to sell his/her item for on the marketplace, and the price the buyer will pay excluding the additional fees as mentioned above;
1.6 Item Support: buyers have the option of purchasing 6 or 12 months paid for support for the item they are buying on the marketplace;
1.7 Taxes: currently we are not registered for UK VAT. This means that as Authors you are solely responsible for making your own tax declarations to the relevant bodies in your own country. We will log all payments to you as an author, but we will not deduct tax at source. If this should change, we will let you know on this page here, and by email;
1.8 EU Member State: includes all EU Member countries https://www.gov.uk/eu-eea.;
1.9 List Price: is the price you see on an items page on our Yew Marketplace, and is comprised of both the item price and buyer fee.
We do not tie you into any ‘exclusivity’ - you can sell your digital items on any marketplace you choose to, and we are not asking to sign the rest of your life away! A lot of authors will create many digital items either doing this as a part-time venture, or working as a business in a full time profession. What we are looking for is people who care about their items for sale, and most importantly, their buyers.
When we say ‘you’ - we are referring to you as the author. As an author, you will be the MAIN ACCOUNT HOLDER on this digital selling platform. It will be ONLY YOU that we deal with, and as an author, we have certain expectations that must be met by you.
First and foremost, we expect ‘honesty’ - if for one moment we feel, or get told that you are acting in a dishonest manner with us or towards buyers and/or other sellers on this platform, then we will CLOSE YOUR ACCOUNT and ask you to move on. It's really important to us and buyers that they will feel confidence in using this marketplace. It also should be important to you as an author, to think that you need to be proud and act in a professional manner. After all, you want people to buy your stuff, so make the effort to help them when they might have questions. We expect your item(s) therefore to meet certain standards:
Right, so you want to stick around and be an author on Yew Marketplace - that's great news! Here is how it works -
4.1 You upload your first item: just follow the instructions provided on how to upload your item(s);
4.2 Your item is reviewed: our team will review your item. If its good, and meets our standards, then we will approve it for sale on the marketplace. If the item lacks substance, or we cannot understand how it works, or it does not meet our expections, it will be rejected. If we think there is issues, BUT it might be easy for you to put right, we will still reject the item, but try to provide positive feedback on what needs improvement. IN ALL OR ANY CASES of rejection, we are not obliged to explain why an item got rejected, and our decision will always be final;
4.3 What are you providing: as an author you are providing a licence for the buyer to use as directed on ONE WEBSITE/DOMAIN NAME only. You are not selling all your rights to the item, and we will do our best to make this clear to the buyer as well;
4.4 Support for the Buyer: as per your support options, you are offering support to the buyer for your item. IT IS NOT UP TO US as the business to support your customer;
4.5 Your earnings: your earnings will be calculated allowing for author fees, buyer fees - once these have been deducted, then the remainder is yours;
4.6 Setting the price of items: you as the author have the option to set your own selling price for any item you sell on our marketplace. We will NOT ENFORCE giveaways, promotions or discounts without discussing these possible options with you first;
4.7 Variations: you are not permitted to vary any of our Terms and Conditions, nor are you entitled to offer your customers (buyers) one option, then change your minds a week later for example. We want both buyers and sellers to know and understand how the Yew Digital Marketplace works, and not to be wondering what the next change might be a month down the road;
4.8 How Do I (the author) get paid: payments to authors will be made at the end of each calendar month. You can either receive these payments as credits to your account, or as direct payments to your specified bank. Or we may pay via PayPal. These payments will always be at least ONE MONTH IN ARREARS and if your account has issues, then we may suspend payments to you until any serious matters are resolved. Once an agreed payment provider has been accepted by YOU and US, then this will not change unless you can categorically prove beyond any reasonable doubt why we should switch payments to another named account!
Depending entirely on how these payments are then transferred to you, there may be some additional handling charges that might be deducted from your payment(s) owing. Again, if this is likely to happen, we will try to advise you by email or changing these author terms on this page here.
There may be times, when something just goes wrong, or something needs putting right. We have tried to cover some of the potential problems that could arise from selling your items on our Yew Marketplace. These might be for example -
5.1 You failed to give us the correct bank instructions to pay you: if we have tried to make a payment to you, but for one reason or another, the payment sent from us has been rejected. If this happens you need to contact us;
5.2 Your item has received so many numerous complaints from buyers: if your item has been bought by many buyers who then clearly demonstrate to us that the item is not of a specific quality, or fails in some dramatic way to work as you claim it should do, then we may withhold payments to you until we investigate the matter fully. IF WE DO THIS then we not be legally held accountable for late payments to you, and in the worst case scenario that you have sold items on our Yew Marketplace knowingly realising they were not fit for purpose, then we may decide to withhold payments until we get the matters resolved;
5.3 If you breach your promise and warranty to us or the buyer: as an author you are selling your item on the Yew Marketplace with the complete understanding that you are -
5.3(a) Legally entitled to offer the item for sale and that you are indeed the legal owner of the software/script/template/theme;
5.3(b) We have not received an official complaint (one that we can see is justified and legal) against you, in which case payment will be withheld until such time as a full investigation can be completed by our team;
5.4 Chargebacks: chargebacks are when someone may fraudently use a payment method to buy an item on the marketplace, which then later is clawed back by the payment processing company/provider OR when a buyer genuinely has encountered a problem, and made a complaint to their payment processor to get back their payment.
Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and unauthorised transactions (which we do not control). If an Yew Marketplace transaction on an item is subject to payment agents’ refunds, chargeback, fees or unauthorised transactions, we may automatically deduct those amounts from your Yew Marketplace account.
If for any of these potential reason(s) as shown above that there is a need to repay a buyer their monies, or credit back to a payment processing company, then without any doubt we will automatically deduct these payments from any final or monthly payment due to you as an author. Once again we will have spoken to you about this if there are indeed issues, and hopefully between us all, we can resolve any potential problems.
When we make payments to your account these will ALWAYS BE in UK POUND STERLING. If your account is in a different currency, then any currency conversion rates, charges made by your financial institution are your responsibility and therefore you may seem to receive less than you thought you were entitled to.
As an author, you are solely responsible for any payments of taxes due in your own country. You will be paid (subject to our own tax system) and the amount(s) paid to you, then it will be up to you to declare these payments as taxable income to whichever country you reside in.
Yew Marketplace (123 Simples) is currently not registered for VAT deductions.
We may use the whole or part of your items to promote Yew Marketplace and/or 123 Simples and/or any of our own subsidary business outlets. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). In all cases, no compensation or payment is payable to you for any or all of these possible uses.
We retain the absolute right to remove an item for any reason, using our reasonable discretion. This may be for example because the item(s) are not being maintained, updated or any missed issues have not been corrected. If the site where you demo is located becomes compromised, goes offline or has some other issue. If there are issues which we (or you missed) such as 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 an item 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 item being removed.
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. We are only acting as an agent for your items to be sold on the Yew Marketplace.
We keep this Policy under regular review. This Policy was last updated May 2023.