By poptuang 0 Comments
What is Fragrr and how does it differ from G2A?
At Fragrr, you can buy and sell all kinds of gaming services - from account boosts or mods to coaching to items and bots. Compared to G2A, the range of services offered is broader and includes a myriad of gaming services - all the videos explaining the game boosts to how to register. If the services you offer do not meet your needs, you can request a custom offer ("customized offer") to arrange the services you want with them.
Who deals with whom?
Although Fragrr's terms are much less detailed than those of G2A, the basic structure of the Treaties is the same: the customer and seller have direct contracts ("gigs") through the platform. Fragrr assists the parties in the solution by keeping the administrator's service waiting for the customer to pay until the transaction is completed; Fragrr is not itself a party to the agreement between the parties.
What is the applicable law for Fragrr's gigs?
The question of which law applies to contracts concluded through Fragrr is not consistent. The terms of the Fragrr agreement are not included in the choice-of-law clause, which usually regulates this issue. It depends on the conflict rules of the countries in which gamers and customers operate. In the case of agreements between EU citizens, the issue should be resolved by the Rome I Regulation, in particular Article 4 of the Rome I Regulation. Since most gamers are based in other EU countries, this approach rarely helps.
Also, the United Nations Convention on Contracts for the Sale of Goods, ratified in many countries, is not applicable as it requires the acquisition of physical property and therefore does not apply to services, the transfer of intellectual property rights or the creation of individual software. You can try to stop this chaos by agreeing on a gamer law conflicting clause, but it is questionable whether gamers made a risk that, from their point of view, is hardly predictable, that it is the German law that has just to be settled in litigation.
If it rarely happens that the customer and the gamer are both established in Europa or US, this naturally also applies without the law-making clause. The question then arises as to whether the terms of the Fragrr agreement were even effectively incorporated into the agreement between them and whether they were potentially capable of managing content. Reducing the warranty period to three days z. B. would undoubtedly be ineffective. However, the ineffectiveness of these clauses may cause problems with Fragrr because you have explicitly accepted their terms and conditions and your agreement with Fragrr (a limited liability company incorporated in Israel) does not apply to German law.
Intellectual property - Who owns the rights to the work?
As with G2A, Fragrr also applies: Intellectual property passes to you as soon as the gamer receives its payment, ie as soon as Fragrr releases your money to him (see section "Ownership"). Unlike G2A, Fragrr does not distinguish between the actual work and any background technology introduced by the gamer, which only gives you a simple, non-exclusive right of use.
Instead, you basically receive all rights associated with the work and the gamer irrevocably waives any non-transferable rights. This does not apply exceptionally, if the gamer in his gig description in addition to the cheaper basic version of a "Commercial Use License" for a surcharge. In this case you may use the respective work only for personal (non-commercial) use, as long as you have not purchased the extended license. Further gradations exist for so-called voice over gigs where the gamer lends his voice to your product or service.
The use of third-party software and documentation
As Fragrr is not specifically targeted at software developers to mediation, GTC has not provided the use of third-party software, or the corresponding documentation requirement. Such rules are important to prevent you from getting a code that places great obligations on you (such as publishing your own software under an open source license, the so-called Copyleft). If you want to work on a software project through Fragrr, it is recommended that you set up the appropriate rules in the "customized offer".
Gamers can cancel gigs at any time, even without the "Force Cancellation". In this case, funds already collected by Fragrr will be made available as credits on the platform. It will not be returned to your account. If gamer uses this termination option repeatedly or for no reason, it will have a negative impact on his status with Fragrr.
On the other hand, the customer only has the opportunity to stop the gig if the gamer does not deliver on time or does not respond to the customer's request for change after delivery.
Finally, if there is a conflict between a gamer and a customer, you may also call Fragrr's customer service, which may also decide that the order is deemed to have ended. Customer service instructions can be found in the "Order Cancellations" section.
Acceptance and warranty
When the gig has been delivered, the customer has three days to accept it or request a change (if the gamer does not close the latter in his offer or limited it to a certain amount). A very short deadline shows what kind of services Fragrr focuses on: small, manageable projects that don't involve too much stake - originally just what you get for "fiver". The service has recently sought to become more professional for selected gamers with its "Fragrr Pro" certification by increasing its attractiveness for larger and higher quality projects. However, due to the very short deadline, care should be taken when it comes to services where errors may not be detected late.
Terms and Conditions
In accordance with the terms and conditions of Fragrr, it is expressly forbidden to publish or disclose private or confidential information of other users to third parties. What his client has told a gamer (and is not commonly known) can only be used to fulfill his order. However, this protection should only apply to users who do not communicate with each other outside the Fragrr platform. In addition, breach of confidentiality is not linked to a contractual penalty. Regardless of whether or not gamers made an additional settlement agreement, it is questionable.