Terms of Service

1. About The Genius Donkey

• The Genius Donkey is a digital services platform based in Mumbai, India.
• We provide access to digital services including website development, ecommerce development, design, video editing, content creation and related services.
• Projects may be fulfilled by independent freelancers, developers, designers, video editors, coders and other skilled professionals from India or other countries.
• The Genius Donkey manages the customer-facing service process, including service selection, project intake, freelancer matching, communication, delivery coordination and customer support.

2. Our Service Model

When you purchase a service through The Genius Donkey:

• You select a service.
• You provide your project requirements.
• Our system and team identify a suitable service provider.
• The assigned professional works on the project.
• The completed work is delivered through the applicable project or communication channel.
• The service provider may be located anywhere in the world.
• The Genius Donkey may use technology and AI-assisted processes to help categorise requirements and identify suitable service providers. AI-assisted matching does not guarantee a particular freelancer or specific outcome.

3. Independent Service Providers

• The professionals who fulfil projects through The Genius Donkey may operate as independent freelancers or contractors. They are not necessarily employees of The Genius Donkey.
• The Genius Donkey may assign, replace or reassign a service provider when reasonably necessary because of availability, skills, workload, quality or other operational considerations.
• Customers should not assume that a particular freelancer will remain assigned throughout a project unless expressly confirmed.

4. Services and Scope

Services displayed on our website have defined or indicative scopes. Examples of scope limitations may include:

• Number of pages
• Number of designs
• Video duration
• Number of products
• Features and functionality
• Number of included revisions
• Content supplied by the customer
• Delivery format and technical requirements
• Prices displayed are generally starting prices. The final price may depend on requirements and scope. If your requirement substantially exceeds the listed scope, we may contact you before proceeding.

5. Placing an Order

To place an order, you may be required to:

• Select a service.
• Provide project information.
• Upload required files or materials.
• Provide relevant website, hosting or other access where necessary.
• Complete payment.
• Confirm your requirements.
• An order becomes active once The Genius Donkey confirms the order and has sufficient information to begin the work. We may request additional information if necessary.

6. Customer Responsibilities

You agree to:

• Provide accurate project requirements.
• Provide all information reasonably required to complete the project.
• Provide content, images, videos, documents and references where required.
• Provide access credentials where necessary.
• Respond to reasonable project-related questions.
• Review delivered work within a reasonable period and provide feedback in a timely manner.
• Ensure that materials you provide may legally be used for the project.
• You are responsible for delays caused by missing information, unavailable access, delayed feedback or changes to your requirements.

7. Communication With Freelancers

• Customers may communicate with the assigned service provider through the communication channels made available for the project, which may include platform chat or email.
• Communication should remain related to the project. Customers should not make direct payments to freelancers for services ordered through The Genius Donkey.
• If a freelancer requests direct payment outside The Genius Donkey, customers should report the request to us.

8. Changes and Revisions

• Where revisions are included in a service, they are limited to reasonable modifications within the original scope.
• A revision does not normally include a completely new concept, substantial change in direction, additional pages, additional functionality or a new project.
• Additional requirements may require a new order or additional quotation.

9. Delivery

• Each service may have an estimated delivery period. The delivery period generally begins once the freelancer has received the information and materials reasonably necessary to begin work.
• Customer-caused delays may extend the delivery timeline. Complex projects may be delivered in stages.

10. Payments

• Payments are made to The Genius Donkey using the payment methods available on the website. Customers should not pay freelancers directly for orders placed through The Genius Donkey.
• Prices may be displayed in different currencies depending on the customer's country or selected currency. Applicable taxes, payment-processing charges or other charges will be displayed where applicable.

11. Genius Donkey Credit

Where a refund has been approved, a customer may be offered the option of receiving the approved amount as Genius Donkey Credit.

• Can be used only toward eligible purchases from The Genius Donkey.
• Cannot be transferred to another customer or sold.
• Cannot be used to pay a freelancer directly.
• Cannot be withdrawn as cash.
• Is not a bank account and is not intended to operate as a general-purpose payment instrument.
• Unless otherwise stated at the time the credit is issued, Genius Donkey Credit does not expire.
• Where a customer is entitled to a refund to the original payment method under our Refund & Cancellation Policy or applicable law, Genius Donkey Credit will not replace that right merely because it is offered as an alternative.

12. Refunds

• If a freelancer cannot complete an agreed service and the issue cannot reasonably be resolved, the customer may be eligible for a refund under our Refund & Cancellation Policy.
• A freelancer may request or recommend a refund, but refunds are processed by The Genius Donkey.
• Depending on the circumstances, an approved refund may be returned to the original payment method, or provided as Genius Donkey Credit where the customer chooses that option.

13. Intellectual Property

• Unless otherwise agreed, upon full payment for a completed service, the customer receives applicable rights to final deliverables specifically created for the customer.
• Third-party materials remain subject to their own licence terms (e.g. stock images, stock videos, fonts, music, templates, plugins, software, APIs, or AI-assisted assets).
• The Genius Donkey cannot transfer ownership of third-party materials beyond the rights granted under the applicable licence.

14. Customer-Supplied Materials

• You retain ownership of materials you provide to The Genius Donkey. By submitting materials, you grant us and the assigned service provider permission to use those materials as reasonably necessary to provide the requested service.
• You represent that you have the necessary rights and permissions to use those materials.

15. Third-Party Services

• Projects may require third-party services including hosting providers, domain registrars, Shopify, WordPress, WooCommerce, plugins, APIs, payment providers, stock-media services or AI services.
• Third-party services may have separate fees, terms, licences and limitations. The Genius Donkey is not responsible for failures, outages, pricing changes, policy changes or restrictions imposed by third-party services outside our reasonable control.

16. Prohibited Projects

• We may refuse or cancel projects involving unlawful, fraudulent, deceptive, abusive, infringing or otherwise prohibited activities.
• We may also refuse projects that create unreasonable legal, security, ethical or operational risks.

17. Accounts and Security

• Where accounts are available, you are responsible for maintaining the confidentiality of your login information.
• You should notify us if you believe your account has been accessed without authorisation. You must not use another person's account without permission.

18. Service Availability

• We aim to maintain reliable access to our website and services but do not guarantee uninterrupted availability.
• The website or specific services may occasionally be unavailable because of maintenance, technical problems, third-party outages or circumstances outside our reasonable control.

19. Limitation of Liability

• To the maximum extent permitted by applicable law, The Genius Donkey will not be responsible for indirect, incidental, special or consequential losses arising from the use of our services.
• For a particular order, our liability will generally be limited to the amount paid for that order, except where applicable law does not permit such limitation. Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

20. Changes to These Terms

• We may update these Terms from time to time. The latest version will be published on this page with the applicable "Last Updated" date.
• Your continued use of the website or services after an update constitutes acceptance of the revised Terms to the extent permitted by applicable law.

21. Governing Law

• The Genius Donkey operates from Mumbai, Maharashtra, India.
• These Terms are governed by applicable laws of India, subject to any mandatory consumer-protection or other rights that may apply to customers in their jurisdiction.