Business Use In addition to the Eligibility requirements described in the Terms of Service, Gahbee's Billing and Payment Service (the "Payment Service") is intended for business use. You must establish an Account primarily for business, and not primarily for personal, family, or household purposes. You must not establish more than one Account. To pay for Services using the Payment Service, you must be a Member that holds a valid credit card issued by a bank acceptable to Gahbee or a Member that holds a Verified PayPal account. Accounts Funds in an Account may be used to pay Providers, to pay Job posting fees, membership fees, service fees, connect fees, wire transfer fees and Buy Outs. A Client may add funds to its Account by any of the methods available on the Site. The Client must reasonably intend that such amounts will be used to pay Gahbee or Providers for Services purchased through the Site. A Provider may add to its Account by directing that Clients' payments for Services purchased on the Site and received through the Payment Service be added to their Account, or by any of the methods available on the Site. In the case of methods other than receiving Clients' payments for Services purchased on the Site, the Provider must reasonably intend that such amounts will be used to pay membership fees, service fees, connect fees, wire transfer fees or Buy Outs as provided in the Terms of Service. Mandatory Use or Buyout You must use the Payment Service to make all payments to Gahbee for membership fees, connect fees, wire transfer fees, and Buy Outs. In addition, unless the Client Buys Out a Job as provided below, you must use the Payment Service to request, make, and accept payments of service fees (1) for all Jobs managed on the Site and (2) to and from all Members you identified through the Site for a period of one year following identification of such Member. As a Client, unless the Site notifies you that you have successfully exercised a Buy Out as provided below, you agree for a period of one year following identification of a Provider through the Site, not to pay invoices to that Provider unless the invoices are originated from the Gahbee Payment Service. As a Provider, unless the Site notifies you that your Client has exercised a Buy Out as provided below, you agree for a period of one year following identification of a Client through the Site, (1) to send that Client invoices only through requests for payment on the Gahbee Payment Service, (2) to use the Payment Service for all business with that Client, whether first-time, repeat or follow-on, and (3) that a Client is not obligated to pay invoices to you unless you originated the request for payment through the Gahbee Payment Service. Buy Out Prior to the first payment or Escrow Funding for a Job, the Client has the right to exercise a buy out pursuant to this paragraph (“Buy Out”). If a Client exercises a Buys Out, the Client and Provider have the right to request, make, and accept payments outside the Site for all work they do together for a period of one year following the Buy Out. To exercise a Buy Out, the Client must follow the instructions and make the payments required on the Site. Legal Relationships When you use the Payment Service to bill for or pay service fees, Gahbee acts as your agent based upon your direction and your requirements to perform tasks on your behalf. Gahbee will hold your Account funds separate from its corporate operating accounts, and will not voluntarily make your funds available to its creditors in the event of a bankruptcy or for any other purpose. You acknowledge that: (1) Gahbee is not a bank and the Payment Service is a payment service rather than a banking service; and (2) Gahbee is not acting as a trustee or fiduciary with respect to your funds, but is acting only as an agent and custodian. (3) Gahbee IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. In addition, your Account will not constitute an escrow. You may only create an escrow pursuant to the General Escrow Instructions below. By initiating invoices and sending payments through the Payment Service or adding funds to your Account, you appoint Gahbee as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this Agreement. Each Provider must properly discharge and credit Clients for all payments Gahbee receives through the Payment Service from such Clients. Payment Provider Gahbee acts as a payment service provider by creating, hosting, maintaining, and providing the Payment Service to you via the Internet. Gahbee does not have any control over the Provider Services purchased or sold with the Payment Service, nor whether a Client or Provider you are dealing with will actually complete the transaction. Nothing in the Payment Service will be deemed to constitute Gahbee your agent with respect to any Provider Services purchased and sold by Users through the Site, or expand or modify any warranty, liability or indemnity stated in the Terms of Service. Interest You agree that you will not receive interest or other earnings on the funds in your Account or that Gahbee otherwise handles as your agent. Gahbee may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in Accounts. How to Bill for Services Using the Payment Service To request payment from a Client, unless the Site notifies you that your Client has exercised a Buy Out, you must use the Payment Service and you must follow the instructions and Payment Service links on the Site and provide the information requested. By requesting payment you authorize us to bill such Client and receive payments from the Client on your behalf in the amounts stated on the applicable Payment Service web page. As a Provider, you acknowledge and agree that when you instruct Gahbee to request payment from a Client using the Payment Service, such instruction: (1) is a representation that you have completed the applicable Services fully and satisfactorily, and (2) constitutes an irrevocable instruction to Gahbee to invoice and accept payment from the Client on your behalf. Once Gahbee has charged the Provider, Gahbee may be subject to charge back if the Client's credit card company, bank, or PayPal believes the above representations have been breached. As a Provider, you therefore agree, as a condition of using the Payment Service, that if the Client's credit card company, bank, or PayPal successfully charges back any amount to Gahbee for any reason, you hereby agree to repay Gahbee for such amounts, plus reasonable attorney fees and costs of collection, and Gahbee reserves the right to terminate Service to you in addition to all other rights available to Gahbee. How to Pay for Services Using the Payment Service To pay a Provider, you must use the Payment Service and you must follow the instructions and links on the Site and provide the information requested. Unless you have a balance in your Account, Gahbee will ask to charge your credit card, bank account, or PayPal for the necessary amount. By providing us with your credit card or bank account information, you authorize us to charge such credit card or bank account for the amounts stated on the applicable Payment Service web page. As a Client, you acknowledge and agree that when you instruct Gahbee to pay a Provider using the Payment Service, such instruction: (1) is a representation that the Provider has completed the applicable Services fully and satisfactorily, and (2) constitutes an irrevocable instruction to Gahbee to pay the Provider. Once Gahbee has paid funds to the Provider, Gahbee may not be entitled to demand return of the funds. You therefore agree, as a condition of using the Payment Service, NOT to ask your credit card company or bank to charge back any amount to Gahbee for any reason. In the event you do, you hereby agree to repay Gahbee for such amounts, plus reasonable attorney fees and costs of collection, and Gahbee reserves the right to terminate Service to you in addition to all other rights available to Gahbee. Authorized Payments are Final Your use of the Payment Service constitutes your agreement to pay for any amounts which you authorize us to charge against your Account and, as appropriate, your credit card, bank account, or PayPal. Such payments, once authorized, ARE FINAL. Charge-backs Gahbee reserves the right to seek reimbursement from you as a Provider, and you will reimburse Gahbee, if Gahbee discovers erroneous or duplicate transactions, or Gahbee receives a charge-back from any Client's credit card company, bank, or PayPal for any reason. Gahbee may obtain such reimbursement by charging the applicable Provider's Account, deducting amounts from future payments owed to the Provider, charging such Provider's credit card, or obtaining reimbursement from such Provider by any other lawful means. Failure to pay for reimbursements of charge-backs is cause for termination of Services. Currency The Payment Service operates in US Dollars and therefore Gahbee is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Gahbee responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or ACH to and from your Account. Withdrawal of Funds To withdraw funds from your Account, you must request such funds using any of the withdrawal methods available on the Site. Any such requests shall be subject to the conditions and restrictions contained on the Site and in the Terms of Service. Notwithstanding any other provision of the Terms of Service, if Gahbee determines in its sole discretion that a Member has violated the conditions and restrictions of the Site or Terms of Service, Gahbee will have the right to refuse to process the withdrawal. Hold on Account Funds Gahbee will make funds deposited in your Account generally available for you to use or withdraw. Gahbee reserves the right, at its sole discretion, to place a hold on funds for Client payments to clear, or if Gahbee suspects monies may be subject to charge back or if fraud is suspected. Gahbee will release a hold as soon as practical. Agreement to Pay If, for any reason, Gahbee does not receive payment for any amounts that you have authorized to be paid through your use of the Payment Service or other Gahbee Services, you agree to pay such amount immediately upon demand by Gahbee. You also agree to pay any interest charges, attorney's fees and other costs of collection incurred by Gahbee in collecting from you the authorized but unpaid amount. In such case, Gahbee may, at its option, stop processing any further payments made by you and apply any amounts then held by Gahbee on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the Payment Service or other Gahbee Service. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. Disputes Between Clients and Providers Any disputes in connection with Services provided by Providers or payments made by Clients remain between such Clients and Providers. By using the Payment Service, you agree to follow the Dispute Resolution Policy. You further acknowledge that Gahbee will not be a party to any such dispute. Gahbee will attempt to take the actions set forth in the Dispute Resolution Policy, but Gahbee will not be obligated to take any other action or refrain from taking any other action toward resolving any such dispute. Gahbee may, at its sole discretion, and in the case of Escrow Jobs may be required to, withhold or delay payment or continue to hold amounts in Escrow or make payment or release amounts in Escrow, in the event of dispute between a Client and a Provider. Reservation of Rights Gahbee reserves the right to seek reimbursement from any Provider and Provider will reimburse Gahbee if Gahbee discovers erroneous or duplicate transactions or receives a charge-back from any Client's credit card company, bank, or PayPal for the amount of such Client's purchase from such Provider. Gahbee may obtain such reimbursement by deducting from future payments owed to such Provider, by reversing any credits to such Provider's bank account, by charging such Provider's credit card or by seeking reimbursement from such Provider by any other lawful means. Questions If you have any questions, suggestions or reports of problems regarding the Payment Service, please contact Customer Service.
These General Escrow Instructions govern an Escrow established by Client and Provider pursuant to the Business Terms they have jointly agreed to at the Site. The “Escrow Instructions” are comprised of these General Escrow Instructions, the Terms of Service, and such Business Terms. Client and Provider will be deemed to have executed the Escrow Instructions pursuant to the federal Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. Sec. 7001, et seq.), by clicking to accept the Business Terms or clicking to fund Escrow at the Site, and doing so constitutes an acknowledgement that you are able to electronically receive, download, and print the Escrow Instructions. By clicking to accept an Escrow Job, Client has agreed automatically to the Escrow Instructions effective when Provider clicks to Accept the Job. By clicking to Accept the Job, Provider has agreed automatically to the Escrow Instructions. All references to the Escrow in these General Escrow Instructions will include the initial Funding Approval and any additional Funding Approval for the Job. The direct provider of the escrow services pursuant to the Escrow Instructions is Gahbee Escrow Corporation, a Delaware corporation (“EEC”). EEC is a wholly-owned corporate subsidiary of Gahbee. EEC is licensed as an Escrow Agent by the Department of Corporations, State of California, License No. 963 5086. Client and Provider hereby employ, authorize, and instruct EEC to act as Escrow Holder and Escrow Agent in connection with the Job to provide for the retention, administration, and controlled release of the escrowed funds in accordance with the Business Terms and subject to and conditioned on the Escrow Instructions. You authorize EEC to disburse to Gahbee amounts released from Escrow pursuant to the Escrow Instructions in payment of Service Fees payable to Gahbee pursuant to the Terms of Service. Throughout these General Escrow Instructions, the terms “Gahbee,” “us,” and “we” are intended to mean both EEC and Gahbee unless the context otherwise requires. Funding Escrow When Client Submits a Funding Approval on the Site, Client will be deemed to have irrevocably authorized Gahbee to use the Payment Service to charge Client's Account and, as appropriate, Client's credit card, bank, or PayPal in the amount of the applicable Funding Approval, and deposit any amounts collected thereby into an Escrow Account for the Job. In the event Gahbee cannot collect such amount for any reason, Gahbee will have no obligation with respect to the creation or funding of the Escrow or any addition to such Escrow. Unless and until Client submits the initial Funding Approval with Gahbee, Gahbee will have no obligation with respect to the Escrow. OTHER THAN CHARGING Client'S ACCOUNT AND, AS APPROPRIATE, Client'S CREDIT CARD, BANK, OR PAYPAL, Gahbee WILL HAVE NO OBLIGATION WITH RESPECT TO THE CREATION OR FUNDING OF THE ESCROW OR ANY ADDITION TO SUCH ESCROW. Funding Approvals are Final Client's Submission of Funding Approval for an Escrow constitutes Client's agreement to pay the amounts Client authorizes Gahbee to charge against Client's Account and, as appropriate, Client's credit card, bank, or PayPal. Such payments, once authorized, ARE FINAL, and amounts in the Escrow will be released only pursuant to the Escrow Instructions. Use of Funds in Escrow Account Gahbee will use funds deposited in the Escrow Account only in accordance with the Escrow Instructions. Gahbee will not voluntarily make funds deposited in the Escrow account available to its creditors in the event of a bankruptcy or for any other purpose. These General Escrow Instructtions are supplementary to the Business Terms, the Terms of Service, and to any other agreement between Client and Provider concerning the Job, as provided in 11 United States [Bankruptcy] Code, Section 365(n). Escrow Account Deposit Gahbee will deposit and maintain all funds in the Escrow Account in a bank insured by the Federal Deposit Insurance Corporation and approved to receive escrow funds under applicable laws and regulations. You agree that you will not receive interest or other earnings on the funds in the Escrow Account. Gahbee may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in Escrow Accounts. Status Reports Client and Provider may access current information regarding the status of the Escrow on the Site. Release and Delivery of Amounts in Escrow Gahbee is authorized to and will release applicable portions of the Escrow Account (each portion a "Release") to Provider or Client only pursuant to one or more Release Conditions provided below. Provider and Client authorize Gahbee to use the Payment Service to deliver the amount of any Release, and to withhold from Provider those amounts Gahbee is entitled to withhold pursuant to the Payment Service. Release Conditions As used in these General Escrow Instructions, "Release Conditions" means any of the following:
Escrow Dispute Resolution Process For any dispute arising between Client and Provider regarding an Escrow (excluding disputes involving claims for injunctive or other equitable relief) Client and Provider will pursue resolution of the dispute in accordance with the following steps: Dispute Notice Form. If Provider or Client has requested a Release on the Site, and the other party has not approved such Release within five business days after such request was posted on the Site, then the Provider or Client that requested the Release has the right to upload to the Site a completed Dispute Notice Form as made available by Gahbee on the Dispute Resolution Help page. Contrary Instructions. In the event Provider or Client uploads a completed Dispute Notice Form to the Site requesting a Release, the other party will have three business days to respond in a private message with contrary instructions ("Contrary Instructions") before Provider or Client can make a request to Gahbee for assistance. Contrary Instructions means a good faith written representation: (1) If by Client, that Client has not received all Milestone Deliverables required for a Release pursuant to the Business Terms, or (2) If by Provider, that Provider has delivered all Milestone Deliverables required for a release. Failure to Upload Contrary Instructions. In the event Client or Provider does not upload Contrary Instructions to the Site within three business days following Provider's or Client's original upload of the Dispute Notice Form to the Site, Provider or Client will notify Gahbee of such failure. Gahbee will then notify the Client or Provider and require a response to the Dispute Notice Form. If Client or Provider does not respond to Gahbee within five business days of Gahbee's demand then Client and Provider will be deemed to have agreed to the Release sought in the Dispute Notice Form and in accordance with such Dispute Notice Form either: (1) Client and Provider will be deemed to have authorized and instructed Gahbee to, and Gahbee will, make the Release to the Provider or (2) Provider and Client will be deemed to have authorized Gahbee to, and Gahbee will, make the Release to the Client, as the case may be. Response to Contrary Instructions. In the event Client or Provider timely uploads Contrary Instructions to the Site, Provider or Client will have the right within three business days to upload a good faith response. The Client and Provider will have the right to upload and respond, with the goal of resolving in good faith any dispute and delivering joint written instructions to Gahbee concerning a Release. Client and Provider will not terminate such discussion and negotiation prior to the earlier to occur or delivery of joint written instructions to Gahbee concerning a Release, or the date 15 business days following Provider's original upload of the Dispute Notice Form. Gahbee Dispute Assistance. In the event Client and Provider fail to resolve any dispute through the Member Resolution process within 15 business days following Provider's or Client's original upload of the Dispute Notice Form, the Provider or Client will follow the Dispute Resolution Policy. Failure to Arbitrate. In the event Provider or Client requests binding Arbitration (“Requesting Party”), the other party (“Responding Party”) will have three business days following receipt of notice from the Arbitrator to submit to such Arbitration. In the event Responding Party fails to submit to such Arbitration within three business days, Gahbee will promptly notify Responding Party of such failure and demand that Responding Party submit to such Arbitration within three more business days. In the event Responding Party fails to submit within three business days after Gahbee sends such notice, then: (1) Responding Party will be deemed to have agreed to the Release sought by the Requesting Party; (2) Responding Party will be deemed to have authorized Gahbee to, and Gahbee will, make the Release sought by the Requesting Party; and (3) Gahbee will have the right to terminate or suspend the Responding Party’s Account. Escrow During Dispute Resolution Process During the Dispute Resolution Process, Gahbee will continue to hold the Escrow without Release pending a Release Condition. Release of Escrow Account Upon any Release, the Escrow will terminate as it relates to the portion of the Escrow Account so released. Upon final Release of the final milestone the entire Escrow Account will terminate. Releases are Final
Your Authorization of Release of any amount in the Escrow Account constitutes your agreement to release such amounts from the Escrow. Such releases, once authorized, ARE FINAL. Escrow Agent
Gahbee undertakes to perform only such duties as are expressly set forth in the Escrow Instructions and no other or further duties will be implied. Gahbee will have no liability under and no duty to inquire as to the provisions of any agreement other than the Business Terms and the Escrow Instructions. Gahbee will be under no duty to inquire into or investigate any agreement or communication between Client and Provider, even if uploaded to the Site. Gahbee may rely upon and will not be liable for acting or refraining from acting upon any written notice, instruction or request furnished to it hereunder and believed by it to be genuine and to have been signed or presented by the proper party or parties. Gahbee will be under no duty to inquire into or investigate the validity, accuracy or content of any such document. Gahbee will have no duty to solicit any payments or Releases which may be due to or from any Escrow Account. Gahbee may execute any of its powers and perform any of its duties under the Escrow Instructions directly or through agents or attorneys (and will be liable only for the careful selection of any such agent or attorney) and may consult with counsel, accountants and other skilled persons to be selected and retained by it. Gahbee will not be liable for anything done, suffered or omitted in good faith by it in accordance with the advice or opinion of any such counsel, accountants or other skilled persons. In the event that Gahbee is uncertain as to its duties or rights hereunder or receives instructions, claims or demands from any party hereto which, in its opinion, conflict with any of the provisions of the Escrow Instructions, it will be entitled to refrain from taking any action and its sole obligation will be to keep safely all property held in Escrow until it is directed otherwise in writing by Client and Provider or by a final order or judgment of an arbitrator or court of competent jurisdiction. Gahbee Action; Resignation; Succession
Gahbee has the right in its sole discretion but not the obligation to institute Arbitration in accordance with the foregoing, or to institute any other legal proceedings including interpleading funds held in Escrow with a court of competent jurisdiction, to resolve any dispute between Client and Provider related to an Escrow. Any provision of these General Escrow Instructions to the contrary notwithstanding, and regardless whether Gahbee is identified as a party in interest in any dispute, arbitration or other legal proceeding, nothing herein will be construed to limit Gahbee’s legal and equitable rights, including but not limited to interpleading funds held in Escrow with a court of competent jurisdiction.Gahbee may resign and be discharged from its duties or obligations under the Escrow Instructions by giving 20 days advance notice in writing of such resignation to Client and Provider specifying a date when such resignation will take effect. Any corporation or association into which Gahbee may be merged or converted or with which it may be consolidated, or any corporation or association to which all or substantially all the escrow business of Gahbee may be transferred, will succeed to all the rights and obligations of Gahbee as escrow agent under these General Escrow Instructions without further act. Term and Termination of Escrow The Escrow will terminate automatically upon Release of all funds in the Escrow Account. Gahbee reserves the right to terminate the Escrow, for any reason, by providing Client and Provider 20 days written notice. Survival of Terms Following Termination Upon termination of the Escrow, the remaining provisions of the Terms of Service will survive, including, without limitation, obligations to pay Gahbee any amounts, provisions concerning dispute resolution, limitation of liability, and indemnification obligations. Miscellaneous Escrow Terms and Conditions Notice of Requested Order If Provider or Client intends to obtain an order from any arbitrator or any court, which order might direct Gahbee to take, or refrain from taking any action with respect to the Escrow, that party will: (1) give Gahbee at least five business days prior notice of the hearing; (2) include in any such order a provision that, as a precondition to Gahbee's obligation, Gahbee be paid in full for any amounts to which Gahbee would otherwise be entitled; and (3) be paid for the reasonable value of the services to be rendered pursuant to such order. No Third Party Rights The Escrow Instructions are intended solely for the benefit of Client, Provider, Gahbee, and their respective permitted successors and assigns, and no other person or entity swill have or acquire any right by virtue of the Escrow Instructions unless otherwise agreed to by Client, Provider, and Gahbee. Successors and Assigns These General Escrow Instructions will be binding upon and inure to the benefit of the successors and assigns of Client, Provider, and Gahbee. However, Gahbee will have no obligation in performing the Escrow Instructions, to recognize any successor or assign of Client or Provider unless Gahbee receives clear, authoritative, and conclusive written evidence of the change of such parties.
Please view our Privacy Policy at http://www.Gahbee.com/p/help/tos/privacy.html
Removal of Material for Which Copyright Infringement is Claimed Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, Gahbee has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a user of the Services available at the domain and sub-domains of www.Gahbee.com, please fill out a Notice of Infringement form and fax it to Gahbee Copyright Infringement Notices at 650-316-7501. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides: To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a Provider that includes substantially the following:
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement form each time you wish to report alleged acts of infringement and fax it to the number provided.
You agree to provide true, accurate and complete information as prompted by the Registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness. Gahbee may suspend or terminate your Account if information you provide is not complete or accurate.
You agree to safeguard the User ID and password you use to access this Site. You authorize us to assume that any person using the Site with your User ID and password either is you or is authorized to act for you. Further, your Gahbee Account (including feedback) and User ID may not be transferred or sold to another party.
You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Services, providing a proposal for a posted Job, posting your profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Clients, Providers, Gahbee or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Clients, Providers, Gahbee or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Gahbee Site. Under federal law (specifically, the Communications Decency Act of 1996), Gahbee is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. Gahbee is not responsible for and does not monitor or censor content for accuracy or reliability. Gahbee reserves the right to remove or restrict access to any information, content or Job posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if Gahbee considers such information or content to be in violation of the Terms of Service. You agree NOT to do any of the following on the Site:
Violation of these rules may result in suspension or termination of your Account, in addition to all other remedies available to Gahbee or other Users or Members. If you are aware of a potential violation, please contact Customer Service. In order to operate the Site, Gahbee must have certain rights. Consequently, when you post information, text, files, links, attachments, software or other materials to publicly visible areas of the Site, you are granting, or warranting that the owner of such Content has expressly granted a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable, non-exclusive right to use, reproduce, modify, transmit, distribute, perform, display and delete such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media or technology now known or later developed.
You agree to: (a) abide by the Terms of Service and the processes and procedures described throughout the Site; (b) be financially responsible for your use of Gahbee and the purchase or delivery of Services; and (c) perform your obligations and complete the transaction as specified by the terms of your Job or order, your proposal or your agreed business terms, whichever is more recent, unless such transaction is prohibited by law or by the Terms of Service. Upon acceptance of a proposal, you agree to purchase the Services if you are a Client, or provide the Services if you are a Provider, in accordance with the terms agreed to by the parties, subject to any mutually agreed increase or decrease in Job scope. If the scope of the Services to be provided increases beyond the initial scope on the date of acceptance and the billings for the Job are larger than initially reported, you agree to report the higher amount through the Gahbee Payment Service and understand that the service fee Gahbee charges to the Provider will increase proportionally. As a Client, you agree not to pay invoices unless they are originated from the Gahbee Payment Service. As a Client you also understand that you are not obligated to pay invoices unless they are originated from the Gahbee Payment Service. As a Provider, you agree to send Clients invoices only through the Gahbee Payment Service, and agree to use this system for all Gahbee-originated business, whether first-time, repeat or follow-on. You understand that for our purposes a Client is not obligated to pay invoices unless they are originated through the Gahbee Payment Service.
Gahbee offers you as a Client two ways to post your Job: Basic or Featured. A Basic Job posting is visible to all Gahbee Providers in the Category relevant to your Job. Gahbee will not charge the Client a fee for posting a Basic Job. A Featured Job posting is visible to all Gahbee Providers; however, Providers with Premier status in the Category relevant to your Job can submit bids and proposals at a preferential cost relative to non-Premier providers. Gahbee will charge the Client a posting fee for a Featured Job posting. Please visit the Learn More section of the Site, or contact Customer Service with any questions regarding posting a Job. Job Guidelines You agree to utilize the following Job guidelines:
Gahbee encourages open, complete and professional communication between Clients and Providers. Clients and Providers can use MyGahbee, Gahbee private messages, as well as email, chat, and telephone to clarify Job descriptions, scope or any specific requirements. Open communication helps Providers develop relevant proposals and Clients make informed hiring decisions. You are required to use MyGahbee to manage Jobs and are required to use Gahbee private messages to maintain an electronic record of all written communication including clarifications and agreements around scope, deliverables, milestones, timeframes, price, feedback on deliverables, requests for revisions, acceptance of deliverables and completion of milestones. Also, transcribe relevant emails, instant messages, telephone or in-person conversations between the Client and the Provider in a private message to maintain a record of what is agreed. In the event of a dispute, all written communication on Gahbee, including Job posting, proposals, business terms and private message communication will serve as the record for resolution of the dispute. A communication that is not referenced in a private message cannot be submitted as evidence in non-judicial dispute resolution after a dispute is reported.
You acknowledge and agree that the Site will contain public feedback from Users with whom you have transacted. You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that Gahbee may calculate a composite feedback number based on these individual ratings. Providers agree to be rated by Clients along several criteria, as determined by Gahbee. Gahbee provides its feedback and rating system as a means through which Users can express their opinions publicly, and Gahbee does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to Gahbee's attention. You may be held legally responsible for damages suffered by other Gahbee Users or third parties as a result of these remarks if a court finds that these remarks are legally actionable or defamatory. Under federal law, Gahbee is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:
In order to protect the integrity of the feedback system and protect Users from abuse, Gahbee will consider removing feedback under the following scenarios:
If you wish to provide Services through Gahbee, you must complete the Provider registration process and select an appropriate membership program. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. Gahbee considers true and accurate location only the primary place from which your Services are rendered. Misleading information about your location, including, but not limited to, using a satellite location in another country, is not allowed on Gahbee. At the beginning of your membership application, and from time to time thereafter, your Account may be subject to verification as well as editorial and feedback reviews. Gahbee can suspend or terminate your Account upon the discovery that any information you provided or posted is not complete or accurate, or as a result of other violations of the Terms of Service. To attain "Premier" status as a Provider, you must either meet the minimum set of criteria outlined on the Site, or submit an application and pay an application fee. Please see the site for the current Premier status fee. Your application will be reviewed for qualification for Premier status. Qualification is based on your expertise and reputation as determined from sources outside of the Site and acceptance of your application is at the sole discretion of Gahbee. The Premier application fee is non-refundable, regardless of acceptance or denial of your application. Proposal Guidelines You agree to utilize the following bid proposal guidelines:
When submitting your proposal you agree to:
Violation of these guidelines may result in suspension or termination of the Job or of your Account. If you are aware of a potential violation, please contact Customer Service. Job Fulfillment Guidelines You agree to utilize the following Job fulfillment guidelines:
Violation of these guidelines may result in suspension or termination of the Job or of your Account. If you are aware of a potential violation, please contact Customer Service.
Provider Membership Programs and Premier Status Gahbee offers five Provider membership programs. Two are free and three are paid. The two free membership programs are named: Individual Basic and Business Basic. The three paid membership programs are named: Professional, Small Business, and Large Business. In addition, qualified Providers under one of the three paid membership programs may upgrade to Premier status. To qualify, a Professional, Small Business, or Large Business Provider must meet a minimum set of criteria and agree to the Premier standards set forth on the Site. There is an additional monthly fee for Premier status as outlined on the Site. Only Premier members may submit proposals for Jobs marked as "Featured" without using additional Connects. Membership Fees and Connect Fees All Providers pay a monthly membership fee depending on their membership program. Each membership program includes a certain number of prepaid "Connects." These prepaid Connects reserve capacity. A Provider uses these Connects by accessing leads. The Provider will use a certain number of Connects when they submit proposals, review invitations to submit a proposal, or allow potential Clients to contact them. If in a given month you exceed the number of Connects included with your membership program, you have the option to buy additional Connects. Membership fees can be paid by credit card, bank account, or PayPal, or through your Gahbee Account. The membership billing period begins on the date that Gahbee receives your payment. Membership fees are calculated from the beginning of that billing period. The period for calculating monthly Connects included in your membership program starts on the same day as the membership, Pacific Time, and renews every calendar month. Unused Connects will not be carried over into the next month. You have the option to buy additional Connects in excess of those included with your membership program and, if you choose to do so, payment for the additional Connects is due within 30 days. If such payment is not received within 30 days, your ability to submit proposals will be suspended until your Account is brought current. Gahbee reserves the right to change the monthly number of Connects included in the membership programs, change the price for additional Connects or institute new fees at any time, upon reasonable notice posted in advance on this Site. No refunds of fees already paid will be given. If you provide false or misleading information, Gahbee will have the right to cancel your membership and will not refund the membership fee already paid. Automatic Membership Renewal Gahbee automatically renews your monthly membership and charges your credit card or your default payment method. If your Account is set up to pay by credit card, bank account, or PayPal, you hereby authorize us to charge such credit card, bank account, or PayPal for the appropriate membership fees and amounts stated. If you are set up to pay via your Gahbee Account, Gahbee deducts the appropriate membership fee from the Account balance each month. Automatic renewal occurs on the first day after the expiration date. You can cancel by following the cancellation instructions listed below. Changes to Membership Program If you change your membership program from Individual to Business, or from Small Business to Large Business, the unused portion of the lower membership fee will be credited toward the higher membership fee. The new billing period will then be based upon the date Gahbee receives payment of the new membership fee. Upgrading a membership or adding additional categories will result in a new billing date effective upon the date of payment of the additional fees and, if applicable, will result in a credit of the unused portion of the existing category membership fees. If you downgrade a membership, you will not receive a refund or credit for the fees already paid. The downgrade will go into effect at the beginning of the next billing period. Gahbee reserves the right to modify its membership programs at any time, upon a reasonable notice posted in advance on this Site. Membership Cancellation Instructions To cancel your membership, click on the 'Membership Status' link on 'MyGahbee,' then the 'Edit my Membership Plan' link, or contact Customer Service. Your cancellation request will be effective if received by 11:15 p.m. Eastern Time on the final day of your membership term. Gahbee will send you an email confirmation once your membership has been cancelled. You will not be liable for any additional membership fees after your cancellation is effective. Cancellation goes into effect at the end of the active billing period. In any notice of cancellation, you must include:
Please note that we will not be able to process cancellation requests unless all of the above information is provided. Memberships that expire or are converted to Free Memberships are subject to a monthly Account fee until remaining funds are removed or expire. Please consult the Site or contact Customer Service for the current fee level. Service Fees Gahbee charges Providers a service fee based on: (a) the total amount you receive for your Services from the Client; (b) the total amount you invoice through Gahbee; or (c) the proposal amount accepted by the Client if invoicing or payment through Gahbee does not start within 45 days of the bid acceptance date for non-Escrow Jobs or 45 days of the bid acceptance date for Escrow Jobs. Under all circumstances, a minimum service fee shall apply. Please consult the Site or contact Customer Service for the calculation of fees applicable to your Job. For Escrow Jobs, the service fee is charged to your Account each time a payment is released through the Gahbee system. The service fee is always due 45 days from the date of each payment. If within 45 days from the Job acceptance date you have not received any payments from the Client through the Gahbee Payment Service, Gahbee will automatically charge your Account for the service fee calculated at Job acceptance. You understand that the service fees are due within 45 days from the date of payment (or, if no payments have been made, from the date of acceptance) and accept that Gahbee may, at its sole discretion, suspend your Account until overdue amounts are paid in full. In the event your Account is overdue, Gahbee will apply payments received first to the membership fees and then to service fees. The service fee is charged in US dollars, but can be paid in other currencies although payments made in currency other than US dollars may take up to eight weeks to process and balance adjustments may be delayed. Gahbee reserves the right to change the method of calculating the service fee at any time. However, Gahbee will always apply changes to the service fee only to Jobs accepted after notification of the change. Period of Exclusivity IF YOU ARE A Client, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF A PROPOSAL, IF YOU POST, SOLICIT, OR PURCHASE ANY SERVICES FROM THE SAME PROVIDER YOU WILL DO SO EXCLUSIVELY ON THE SITE, WHETHER SUCH SERVICES ARE THE SAME JOB, A FOLLOW-UP JOB, OR NEW UNRELATED SERVICES. IF YOU ARE A PROVIDER, YOU AGREE THAT FOR A PERIOD OF ONE YEAR AFTER ACCEPTANCE OF A PROPOSAL, IF YOU PROPOSE OR PROVIDE ANY SERVICES TO THE SAME Client YOU WILL DO SO EXCLUSIVELY ON THE SITE, WHETHER SUCH SERVICES ARE THE SAME JOB, A FOLLOW-UP JOB, OR NEW UNRELATED SERVICES. Circumvention of Service Fees You agree not to engage in any action or activity meant to circumvent the service fees. Prohibited practices include (but are not limited to) the following:
Audit Provisions and Record Keeping For a period of one year after accepting each Job, you agree to keep and maintain complete and accurate records related to the Services provided on Gahbee, including the service description, the proposal and payment terms, and information on all repeat or follow-on Services performed for each Client originated on Gahbee. In the event of questions regarding Services rendered, work performed or fees due to Gahbee, upon 30 days written notice and request from Gahbee, you agree to provide copies of these records and other relevant documentation.
We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party. Without limiting Gahbee's other remedies, we will suspend or terminate your Member Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for Gahbee. Once suspended or terminated, you may not continue to use the Gahbee service under a different Account or re-register under a new Account. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a User or Member engages in actions or activities which circumvent the Site or otherwise reduces service fees owed Gahbee under the Terms of Service, that User or Member will be liable to Gahbee for the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of Gahbee membership. Gahbee reserves the right to terminate any User or Job for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your membership is canceled, you may no longer have access to data, messages, files and other material you keep on the Site.
How to Avoid Disputes About one percent of all Jobs on Gahbee result in a dispute. Disputes often arise due to miscommunication and can often be resolved amicably between the parties. Gahbee recommends the following steps to avoid disputes:
What if I Have a Dispute? In the event that you have a dispute with another User, the Dispute Resolution Process consists of three phases subject to limitation based on the type and status of Job in dispute:
Key Dates For all disputes regardless of type and status of a Job in dispute, you must be aware of the following three key dates in any dispute: "Breach Date" means the later of (1) the date on which the events causing the breach of your agreement with the other User first took place, and (2) the date on which you learned, or reasonably should have learned, about those events. "Dispute Initiation Date" means the date you upload to your Private Message Board the completed "Dispute Notice Form" made available by Gahbee on the Dispute Resolution Help page. You must upload your completed Dispute Notice Form to your Private Message Board at least 15 days prior to the six month anniversary of the Breach Date (see the paragraphs entitled "Limitations Period" and "Arbitration" below). "Limitations Date" means the date six months following the Breach Date. You do not have a right to initiate a claim or cause of action or demand arbitration after the Limitations Date. Member Resolution Phase Member Resolution. If you have used the Billing and Payment System and adhered to the Terms of Service and followed the guidelines herein, please upload the "Dispute Notice Form" made available by Gahbee on the Dispute Resolution Help page. Complete the following steps: (1) fill in the information requested on the form, with complete details about the Job and the dispute, including your Username, the Username of the other User ("Opposing Party"), the Breach Date, and the Job name and if the Job is an Escrow Job with funds still held in Escrow, please clarify your request for Release of funds held in Escrow; (2) save the form as a Microsoft Word document file on your computer; and (3) upload it to your private messages (posting in your private messages allows Gahbee to maintain a record of each party's positions in the dispute) to allow the Opposing Party to respond. Gahbee Dispute Assistance Phase Dispute Assistance. If the Job is an Escrow Job with funds still held in Escrow or with mandatory status reporting selected, and if you have uploaded the completed Dispute Notice Form to your private messages but the Opposing Party does not respond within three business days, or if the Opposing Party responds but you cannot come to an agreement within an additional three business days after their response, then Gahbee will notify both the Opposing Party and you to try to re-establish communication between the two of you to encourage settlement of the dispute. If either party fails to respond to an email message from Gahbee regarding violation, dispute or complaint within two business days, Gahbee will have the right to terminate that party's Job or Account. Gahbee will be a neutral third party and will have no further obligations. No Gahbee employee is authorized to make any recommendation or guaranty regarding the dispute. By using the Site you agree that in the event for any reason the parties fail to agree on a resolution to the Dispute within 15 days of the Dispute Initiation Date, then the provisions of the section below entitled “Arbitration Phase” will automatically apply. Limitations Period. The six-month anniversary of the Breach Date is the statute of limitations date or "Limitations Date". All claims must have a Dispute Initiation Date prior to the Limitations Date or the claim is barred. You do not have a right to initiate a claim or demand Arbitration after the Limitations Date. You must upload your completed Dispute Notice Form to your Private Message Board at least 15 days prior to the six month anniversary of the Breach Date or you will not have the right to demand Arbitration and your claim or cause of action will be barred (see the paragraph entitled "Arbitration" below). Notice of Disputes Resolved. Any agreement resolving the dispute between you and the Opposing Party must be posted (and confirmed by both parties) as text or attachments onto Gahbee private messages to allow Gahbee to maintain a record of same. Arbitration Phase Arbitration. If the Job is an Escrow Job with funds still held in Escrow or with mandatory status reporting selected, if the dispute is not settled within 15 days after the Initiation Date, you agree that you and the Opposing Party (the "Dispute Parties") will each have the right, until the Limitations Date, to demand binding, non-appearance-based arbitration conducted by a neutral third party dispute resolution service that Gahbee will choose and engage in its sole discretion ("Arbitrator") to resolve the dispute ("Arbitration"). If the Opposing Party demands Arbitration in accordance with the foregoing, you agree to submit to such Arbitration in accordance with these Terms of Service. You agree that in the event of such an Arbitration: (a) each Dispute Party and Gahbee will pay one-third of the first $600 of the Arbitrator's fees; (b) each Dispute Party will pay one-half of any amount by which the Arbitrator's fees exceed $600; and (c) each Dispute Party will solely bear and pay any other costs it incurs related to the Arbitration. You hereby agree that Gahbee will charge your Account, or your credit card, bank account, or PayPal for the amount of the Arbitrator's fees owed by you in accordance with the foregoing. In the event Provider or Client requests binding Arbitration ("Requesting Party"), the other party ("Responding Party") will have three business days following receipt of notice from the Arbitrator to submit to such Arbitration. In the event Responding Party fails to submit to such Arbitration within three business days, Gahbee will promptly notify Responding Party of such failure and demand that Responding Party submit to such Arbitration within three more business days. In the event Responding Party fails to submit within three business days after Gahbee sends such notice, then: (1) Responding Party will be deemed to have agreed to the Release sought by the Requesting Party; (2) if the dispute involves funds held in Escrow, Responding Party will be deemed to have authorized Gahbee to, and Gahbee will, make the Release sought by the Requesting Party; and (3) Gahbee will have the right to terminate or suspend the Responding Party's Account. Reminders and Statute of Limitation. Gahbee will send periodic reminders to you and the Opposing Party (the "Dispute Parties") to remind you of the ongoing dispute and the need to resolve it prior to the Limitations Date. If the dispute has not been resolved and neither Dispute Party has demanded Arbitration by the Limitations Date, then (1) Provider will be deemed to have agreed to the Release sought by the Client; (2) if the dispute involves funds held in Escrow, Provider will be deemed to have authorized Gahbee to, and Gahbee will, make the Release sought by the Client; (3) Gahbee will have the right to terminate or suspend either or both the Provider's and the Client's Account; and (4) any further claims or causes of action in such dispute will be forever barred. The Arbitrator will have the power to determine whether the Breach Date entered into Gahbee's system is correct or if the Limitations Date should be extended or "tolled" due to your reasonable reliance on the Opposing Party's assurances that it would cure the breach. Release of Escrowed Funds. If the Job in dispute involved Escrow and the Limitations Date has passed (based on the Breach Date in the Gahbee System): (1) Gahbee will send the Dispute Parties notice of its intent to release the funds, and (2) unless you give Gahbee notice, within 10 days after Gahbee's notice is sent, that you have claimed in the Arbitration that the Limitation Date has been "tolled" and that your claims are not barred, then: (3) Provider will be deemed to have agreed to the Release sought by the Client; (4) if the dispute involves funds held in Escrow, Provider will be deemed to have authorized Gahbee to, and Gahbee will release such funds. Arbitration Rules. Gahbee will provide to the Arbitrator access to posted private messages for the dispute. You agree to be responsible for ensuring that the Gahbee private messages contains all of your communications with the Opposing Party related to the dispute. The Dispute Parties must comply with the following rules: (a) the Arbitration must be conducted online or by telephone, and/or be solely based on written submissions posted in the private messages, the specific manner shall be chosen by the Arbitrator; (b) the Arbitration shall not involve any personal appearance by the Dispute Parties or witnesses unless otherwise mutually agreed by the Dispute Parties; and (c) any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. Before the Arbitrator renders its decision in the dispute, each of the Dispute Parties will be allowed to upload to the Gahbee private messages one last closing statement or argument for the Arbitrator related to the dispute. Arbitration Award. Once there is an arbitration award, you must send an email to Gahbee with the case identification information, the Usernames of the Dispute Parties and the name of the Job. Gahbee will then verify the award with Arbitrator. Noncompliance and Abuse Improperly Filed Claims. All claims between you and the Opposing Party must be resolved in accordance with the terms on this page. All claims filed or brought contrary to these terms shall be considered improperly filed. Should you file a claim contrary to these terms, the Opposing Party may recover attorneys' fees and costs up to $2,000, provided that the Opposing Party has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. Abuse. If you initiate an excessive number of Arbitrations, Gahbee reserves the right to terminate this Agreement immediately upon giving notice to you. However, any disputes for any Jobs that existed prior to termination will be subject to these terms. Other Disputes Provider. If you are a Provider and dispute a service fee, go to your MyGahbee Account page and click on the link to fill out the Fee Adjustment Request form. Feedback dispute. If you are involved in a dispute involving feedback, please refer to the Rating and Feedback System section in the Site Policies to find out in what circumstances Gahbee will consider removing feedback.
The Referral Program details including Eligible Transactions and Referral Fee are described on the Referral Program Web pages on the Site. Gahbee reserves the right to modify or terminate the Referral Program at any time upon 30 days notice. Referral Program Terms Gahbee will provide each Member ("Referral Participant") with a referral identifier ("RID") upon acceptance of registration with Gahbee. Gahbee will pay the Referral Participant the specified referral fee upon completion of any Eligible Registration or Eligible Transaction, as such terms are defined below. "Eligible Registration" occurs when a Username identified with a Referral Participant's RID successfully completes Gahbee's registration process and Gahbee in its sole discretion accepts such registration. Registrations that: (1) are not in good faith or (2) involve a registrant that has previously registered with Gahbee at anytime, are NOT Eligible Registrations. "Eligible Transaction" means a bona fide transaction satisfying the requirements set forth on the Referral Program Web pages on the Site. The following transactions are NOT Eligible Transactions: (1) any transactions that do not arise from or are not connected with the Referral Participant's RID; (2) any transactions that involve a Client who previously purchased Services through Gahbee; (3) any transactions that arise in connection with a pre-existing relationship between a Client and a Provider; (4) any transactions that arise in connection with a User's purchase of Services for User's own use or for resale or commercial use of any kind, including but not limited to, orders for customers or on behalf of customers or orders for Services to be used by the User or User's friends, relatives or associates in any manner; and (5) any transactions which are not a bona fide arms length transaction for the purchase of Services. Site Users will be identified and linked to a Referral Participant's RID if they have clicked to the Site via a link tagged with that Referral Participant's RID. The Referral Participant is solely responsible for ensuring that links to Gahbee are correctly tagged with the RID Gahbee has provided to that Referral Participant. Referral Fees and Payment
We will pay a Referral Participant a "Referral Fee" for every Eligible Registration as a paid Provider on Gahbee and for each Eligible Transaction. Please consult with the Site for the current Referral Fees. Gahbee will track Eligible Registrations and Eligible Transactions and will make available to you reports summarizing such activity. The form, content and frequency of the reports may vary from time to time in Gahbee's sole discretion. Except as otherwise provided, Gahbee shall pay you Referral Fees that are owed, less any taxes or other amounts that Gahbee is required by law to withhold, within 30 days of each Eligible Registration and immediately upon payment of each Eligible Transaction. Payments shall be made directly into your Gahbee Account. All amounts specified in this Agreement shall be paid in US dollars. Gahbee reserves the right to investigate any suspicious, unprofessional or inappropriate registration or transactional activity. Gahbee also reserves the right to delay payment of any Referral Fees, at its sole discretion, while it conducts an investigation of such activity. If Gahbee, in its sole discretion, concludes that a particular registration or transaction was deceptive and/or did not qualify as an Eligible Registration or Eligible Transaction, respectively, you agree that Gahbee will not be obligated to pay any Referral Fees for such registration or transaction. If a service or registration upon which you have already been paid a Referral Fee is later charged back, cancelled within 30 days, breached, repudiated or rejected by a Client or Provider after payment and Gahbee is forced to remit fees, an amount equal to the Referral Fee for such service or registration shall be deducted from your Account.
If you wish to report a violation of Site Policies, have any questions or need assistance, please contact Gahbee Customer Service
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