Wix Marketplace Terms of Use

Last updated: March 1, 2021

Welcome to the Wix Marketplace: A venue in which Wix users can review the work of freelance web professionals and agencies, and request to acquire services for their Wix website (the "Services").

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Wix.com/marketplace domain name: the "Wix Marketplace"), which is owned, maintained and operated by Wix.com Ltd. ("Wix"), you hereby consent to these terms and conditions (the "Wix Marketplace Terms and Conditions"), AND TO the general Terms of Use of Wix.com, which can be reviewed at http://www.wix.com/About/Terms-Of-Use, AND TO the Partner Program Terms of Use, which can be reviewed at https://www.wix.com/partner-program-terms-of-use (as applicable), all as may be amended from time to time (collectively, the "Wix Terms"), and acknowledge that you have read the terms and conditions of Wix's privacy policy, which are published at http://www.wix.com/about/privacy (the "Privacy Policy"), both as may be amended from time to time. Both the Wix Terms and the Privacy Policy are incorporated herein by reference and govern your use of the Wix Marketplace. For the avoidance of doubt, the Wix Marketplace is part of the Wix Website and the platform offered by Wix on the Wix Marketplace is part of the Wix Services.

We recommend that you review these Wix Marketplace Terms and Conditions. If you do not agree to any of these terms please do not use the Wix Marketplace. Capitalized terms not defined herein shall have the meaning assigned to them in the Wix Terms or the Privacy Policy.

These Wix Marketplace Terms were prepared and written in English, and have been translated into other languages for your convenience. In the event of any conflict between a translated (non-English) version of these Wix Marketplace Terms and the English version of these Wix Marketplace Program Terms, the language of the English version shall prevail with respect to such conflict.

Wix’s general Terms of Use, Partner Program Terms of Use and Privacy Policy also apply to the Wix Marketplace.

1. General Description

The Wix Marketplace (i) enables eligible web professionals, freelancers, agencies, and other businesses (either individuals or entities) with a valid User Account (the "Wix Partner(s)") to demonstrate their web capabilities, by presenting a profile dedicated to their work (the "Profile") which highlights Wix User Websites that they were hired to work on; (ii) allows visitors to review the Wix Partners' Profiles and allows Wix users with a valid User Account (the "Wix Member(s)") to find Wix Partners (either manually or with the assistance of the Wix "Find Me a Wix Partner" feature) that may suit their needs; and (iii) facilitates the initial communication between a Wix Member and the chosen Wix Partner so they can connect directly and decide independently on the terms under which the Wix Partner may provide Services to the Wix Member (Wix Partners and Wix Members: "Users", and individually: "User" or "you").

1.1

Wix Marketplace is a meeting place between Wix users and freelance/agency web professionals. Wix users can communicate with them independently, with the goal of hiring one to work on a Wix website.

Within the Wix Marketplace, Wix Members may request and obtain Services for both free websites on the Wix platform and websites under any Wix Premium Plan. The Services are not provided free of charge, and Wix Partners and Wix Members Shall freely negotiate the price and payment terms in connection with each engagement between them.

1.2

Wix itself does not offer or provide any such tailored website services under the Wix Marketplace and has no responsibility or liability for any services provided by the Wix Partners to the Wix Members within the Wix Marketplace.

1.3

The Wix Marketplace is a meeting place between Wix Members and eligible Wix Partners, wherein Wix Members can communicate with Wix Partners independently, with the goal of hiring one to work on a Wix website. Notwithstanding the foregoing, the Wix Marketplace is not an employment or matching agency, and except as specifically stated herein, the Wix Marketplace does not engage as a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.

1.4

Wix Marketplace services can be used for both free and Premium Wix websites.

Wix does not itself provide website services in the Wix Marketplace and is not responsible or liable for services provided by Wix Partners in the Wix Marketplace.

Wix Marketplace is not an employment or matching agency.

2. Using the Wix Marketplace

Wix Partners

2.1

Wix Partners may be eligible to access and use the Wix Marketplace by participating as a Wix Partner in Wix’s Partner Program, subject to the Partner Program Terms and the terms set forth below:

The Wix Partner Program, as currently offered by Wix at www.wix.com/partners, is a program designed to help Wix Partners scale their businesses by providing access to specified benefits, which may include a dedicated partner success manager, training, priority support, and/or use of the Wix Marketplace (as applicable). Wix’s Partner Program is governed by the Wix Partner Program Terms of Use, which can be reviewed at https://www.wix.com/partner-program-terms-of-use, and are incorporated herein by reference (the "Partner Program Terms"). As a Wix Partner using the Wix Marketplace via Wix’s Partner Program, you and acknowledge that you have read, understand and agree to the Partner Program Terms.

2.1.1

Wix Marketplace access is a special benefit that Wix Partners may become eligible for through Wix’s Partner Program.

As a participant in Wix’s Partner Program and as set forth in the Partner Program Terms, Wix Partners may become eligible to unlock access to the Wix Marketplace, among other specified benefits, by either (1) earning points required to unlock certain Partner Program Levels, and/or (2) subscribing to certain Partner Packages (as those terms are defined in the Partner Program Terms). Once Wix Marketplace access becomes unlocked, the Wix Partner will have the opportunity to create its Profile, and Wix Members shall be able to view such Profile after the Wix Partner completes and clicks the "Update Profile" button, as indicated.

2.1.2

Wix Partners may unlock the Wix Marketplace as a benefit by participating in Wix’s Partner Program as set forth in the Partner Program Terms.

Wix reserves the right to make changes from time to time to the Partner Program, including, but not limited to, updates or modifications to Partner Program Level eligibility, Partner Package eligibility, and the benefits provided under any Partner Program Level or Partner Package, including, without limitation, accessibility and use of the Wix Marketplace, as set forth in the Partner Program Terms.

2.1.3

Wix reserves the right to make changes and updates to the Partner Program.

Notwithstanding the foregoing, any Wix Partners that applied and were accepted to the Wix Marketplace prior to May 2020, despite not having participated in the Partner Program prior to such date, may continue to access and use the Wix Marketplace, subject to all terms and conditions set forth herein.

2.1.4

Wix shall have sole and absolute discretion regarding the eligibility of any Wix Partner to access, use and offer any Services through the Wix Marketplace, and does not guarantee that any Wix Partner will be presented on the Wix Marketplace for any minimum period of time or at all. Wix reserves the right to remove any Wix Partner from the Wix Marketplace, limit the scope and/or type of Services a Partner may offer through the Wix Marketplace and to require a Wix Partner to remove User Content included in its Profile, at Wix’s discretion. Wix shall not be obligated to provide any explanations regarding its decisions in this respect.

2.1.5

Wix has complete discretion to decide who is accepted as a Wix Partner and presented on the Wix Marketplace.

By using the Wix Marketplace, you confirm, undertake, acknowledge and warrant that:

All the information provided by you to Wix and/or on the Wix Marketplace is true and correct. You are solely responsible for editing and updating such information on your Profile. You shall keep any User Content in your Profile up-to-date with no broken links or misinformation. You are responsible for removing from your Profile any User Content you are not authorized to use anymore. Any information you provide must be true and up to date.

You have the full right and authority to present and publish the User Content presented in your Profile and your portfolio (including, without limitation, links and third party websites). You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use, link to or share for the purpose of your use of the Wix Marketplace. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks or other intellectual property rights, or any other harm resulting from your uploading, posting or publishing User Content to the Wix Marketplace. You should have all rights required to present your portfolio.

All the websites submitted by you as part of your Profile were completed solely by you and are all websites designed on the Wix platform. You may not advertise and/or address non-Wix websites and/or platforms in your Profile. The websites presented in your Profile should accurately reflect your abilities and the services you're being hired to perform.

2.1.6

Any information you provide must be true and up to date.

You should have all rights required to present your portfolio.

You must be the sole designer of the websites presented in your portfolio.

You hereby grant Wix the right to use in perpetuity, worldwide and free of charge, any version of your portfolio and/or Profile (or any part thereof) for (i) the purpose of marketing Services to Wix Members as set forth herein, (ii) any of Wix’s own marketing and promotional activities, online and/or offline and/or for (iii) the publishing of your portfolio. You waive any claims against Wix or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to the User Websites in your portfolio, with respect to such permitted uses.

2.1.7

You give Wix the right to use your Portfolio for the purpose of marketing the Wix Marketplace and/or your services.

You confirm and acknowledge that any Personal Information and other Information (as those terms are defined in Wix’s Privacy Policy) you provide Wix may become public and accessible to Wix Members and other Wix website visitors reviewing your Profile on the Wix Marketplace, and may be used in connection with the "Find Me a Wix Partner" feature.

2.1.8

Information you provide us may become public.

You shall abide by fair business practices and ethics in any dealings with any Wix Member. You should act fairly and appropriately with your clients.

2.1.9

The order of presentation of the Wix Partners’ Profiles on the Wix Marketplace is subject to Wix's sole and absolute discretion. Ranking is determined by parameters decided by Wix. Parameters that may influence your ranking include, without limitation, the number of User Websites you present in your Profile and the nature of the feedback we may receive from Wix Members who have used your Services.

2.1.10

Wix is not an employment service and does not serve as an employer of any Wix Partner. As such, Wix Partners are solely responsible for any tax, withholding or reporting obligations. You understand and agree that if Wix is found to be liable for any tax, withholding or reporting obligation in connection with any Services provided or received by you, you will immediately reimburse and indemnify Wix for all costs, expenses and liabilities (including any interest and penalties) relating to the same. Each Wix Partner is responsible for the payment of their own taxes.

2.1.11

Any information communicated to you about a Wix Member via the Wix Marketplace shall be conveyed in conformity with the information provided to Wix by such Wix Member. Wix is not responsible for the truthfulness and validity of information provided by any Wix Member. Wix is not responsible for information provided by third parties. You are solely responsible for the management of Wix Members’ information in your Partner dashboard, whether such information is added and/or uploaded by you, or by Wix on your behalf, in accordance with applicable law.

2.1.12

Wix has the right to determine instructions and guidelines in connection with the use of the Wix Marketplace, including regarding any languages to be used in the Profiles and Portfolios and may instruct the Wix Partners to use specific languages. Wix may furnish Wix Partners with guidelines for their use of the Wix Marketplace, including, but not limited to, the Wix Marketplace Lead Matching Guidelines located at https://www.wix.com/marketplace/partner-guidelines and, in Wix’s sole discretion, Wix reserves the right to suspend or remove any Wix Partner for a failure to adhere to or follow such guidelines. Wix can instruct you what languages to use in your Profile.

2.1.13

Wix Partners are required to publish and present their starting rates for each Service they support in their Profiles.

2.1.14

Each Wix Partner may have only one Profile presented on the Wix Marketplace. You may not have more than one profile in the Wix Marketplace.

2.1.15

Wix reserves the right to remove any Wix Partner from the Wix Marketplace or limit the services a Partner may offer through the Wix Marketplace without notice, for any reason.

2.1.16

You should act fairly and appropriately with your clients.

The order of Profiles presented in the Wix Marketplace is determined by Wix.

Each Wix Partner is responsible for the payment of their own taxes.

Wix is not responsible for information provided by third parties. You are solely responsible for information in your Partner dashboard.

Wix can give you guidelines for your use of the Marketplace and can instruct you what languages to use in your Profile. You must comply with Wix’s guidelines and instructions.

Wix Partners are required to present their rates in their Profiles.

You may not have more than one profile in the Wix Marketplace.

Wix can remove any Wix Partner from the Wix Marketplace without notice.

Wix Members

2.2

As a Wix Member participating in the Wix Marketplace, you agree and acknowledge that:

Wix is not the employer of any Wix Partner, nor does Wix supervise, direct or control the Wix Partners’ work or Services, in any manner. Wix does not provide any training or equipment to the Wix Partners, and has no control over the quality, timing, legality, failure to provide, payment procedures or any other aspect whatsoever of the Services provided by the Wix Partners.

Each Wix Partner provides you services as an independent contractor and is not an employee, joint venturer, partner, agent, or franchisee of Wix for any purpose whatsoever.

Any listing of a Wix Partner on the Wix Marketplace shall be according to the information and Profile provided by such Wix Partner. Wix is not responsible for the truthfulness and validity of information presented by any Wix Partner. Wix does not have any obligation to independently verify any information provided to it by any Wix Partner, their experience or training, and shall not be responsible or liable for any representation or undertaking made by any Wix Partner on the Wix Marketplace.

2.2.1

Wix does not supervise any Wix Partner.

Wix Partner web professionals provide services as independent contractors.

Wix is not responsible for any information provided by Wix Partner.

By providing the information required to participate in the Wix Marketplace (including without limitation your email address and phone number) and using the Wix Marketplace, you confirm and acknowledge that Wix may transfer such information, as well as other required Personal Information in your account, to the Wix Partner(s) you have chosen or that were assigned to you via our Services, and that both Wix and the Wix Partner(s) may, to the extent permitted by applicable law, use both your Personal Information and Non Personal Information, in order to facilitate and provide your requested Services. You acknowledge that Wix Partners are solely responsible for the management of information, including Wix Members’ Personal Information, transferred to them as part of their participation in the Marketplace.

2.2.2

Wix can transfer your Personal Information to the Wix Partners you’ve chosen.

You are responsible for providing to Wix and such Wix Partners you contact via the Wix Marketplace, accurate, current and complete information in connection with your request for Services.

2.2.3

The information you provide must be truthful and accurate.

In no event shall any reference by Wix to any Wix Partner (including without limitation via the "Find Me a Wix Partner" feature) be construed as an approval or endorsement by Wix of such Wix Partner or of any Services provided by them. Likewise, a link to any Wix Partner’s website does not imply that we endorse or accept any responsibility for the content or use of such website. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

2.2.4

Wix does not endorse any of the Wix Partners.

You agree to receive from time to time messages and promotional materials from Wix by e-mail or any other contact form you may provide us with (including your phone number for calls or text messages), including, without limitation, messages featuring Profiles of various Wix Partners. If you do not wish to receive such promotional materials or notices, please notify us at any time.

2.2.5

You agree to receive promotional material from Wix.

Other than providing the platform for the delivery of the initial request from a Wix Member to a Wix Partner, Wix is not a party to any interaction between any Wix Members and any Wix Partners. Users of the Wix Marketplace contract for Services directly with other Users. Any relationship between any Wix Member and a Wix Partner listed on the Wix Marketplace will be according to the terms to be agreed upon between such Wix Member and the specific Wix Partner they decide to work with. Any payments for the Services shall be made directly to the Wix Partner without Wix's involvement. Wix does not take responsibility, in any way or manner, for the quality of the Services provided to any Wix Member by any of the Wix Partners.

2.3

Wix takes no part in any transactions between Wix users and the Wix Partners.

You accept sole responsibility for all of your activities using the Wix Marketplace, including your conduct on the site and any and all content you may submit or present via the Wix Marketplace.

2.4

Wix takes no part in any transactions between Wix users and the Wix Partners.

You will not engage in any activity that interferes with or disrupts the functioning of the Wix Marketplace.

2.5

Wix enables both Wix Partners and Wix Members to provide feedback regarding the Wix Marketplace and Services rendered. Such Feedback may be viewed by other Users. Wix has sole and complete discretion to remove any feedback, including feedback which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Wix or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval. You can provide Wix with feedback about any interaction with other users and Wix Partners, in connection with the Wix Marketplace.

2.6

You can provide Wix with feedback about any interaction with other users and Wix Partners, in connection with the Wix Marketplace.

3. Personal Information

You may receive Personal Information of another User, either via the Wix Marketplace or directly from such User. For example, upon request for engagement, the Wix Partners that were chosen will be provided with the contact information of respective Wix Members. Any Personal Information you receive through the Wix Marketplace may only be used for the provision of Services on the Wix platform. Any requests sent by any Wix Members to the Wix Partners via the Wix Marketplace should be limited to the inquiry regarding Services for such Wix Member's User Website and may not contain any other unrelated requests, offers or proposals.

Wix Partners: In order to allow you to offer your services in the Marketplace, Wix may provide you with access to Wix Users’ contacts, which may include Personal Data, on the Wix platform, in accordance with the Wix Terms and the Privacy Policy and in accordance with and subject to applicable data privacy laws. You acknowledge and agree that you and Wix will each act as a separate, independent Controller of Wix Users’ Personal Data shared with you by Wix as part of your activity in the Wix Marketplace (if any) when it is processed on the Wix platform. Each of You and Wix shall be independently responsible for compliance with each party’s respective obligations as a Controller with respect to Personal Data of Wix Users processed on the Wix platform. You further acknowledge and agree that Wix is not and shall not be deemed a Controller of any processing activity concerning Personal Data of Wix Users that is conducted by you outside the Wix platform, whether through your business or personal email or otherwise. The terms “GDPR”, “Personal Data”, “Controller” and “Processing”, shall have the meanings assigned to them in the Privacy Policy.

Any Personal Information about third parties transferred to you must be used only for the purpose it was provided for. This info may not be disclosed to others.

Partners: You and Wix are each acting as a separate, independent Controller of any Personal Information of users that is provided to you in order to allow you to offer your services in the Wix Marketplace, when such Personal Information is processed on the Wix platform. Wix is not and shall not be deemed a Controller of any processing activity of such Personal Information that you do outside the Wix platform

4. Third-Party Disputes

Because we are neither involved in User-to-User dealings nor control the behavior of Users, Users must resolve any issues, disputes or concerns directly with each other. Any commercial interaction with any party or person other than Wix or purchase of Services from such party is done at your own risk. If you have a dispute with a User including, without limitation, regarding their support, services, performance, payment and/or conduct you will need to handle it through the means they provide. Wix will not mediate any User -to-User disputes

Wix will not get involved in any disputes between Wix users and Wix Partners. Such disputes should be resolved directly between the Users and the Partners.

Wix will not get involved in any disputes between Wix users and Wix Partners. Such disputes should be resolved directly between the users and the partners.

5. Warranty Disclaimer & Limitation of Liability

The following disclaimers and limitations of liability are supplemental to the disclaimers and limitations of liability under the Wix Terms and Partner Program Terms:

A. YOU AGREE THAT YOUR USE OF THE WIX MARKETPLACE, EITHER AS A WIX PARTNER OR AS A WIX MEMBER, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY: "WIX REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND ASSUME NO RESPONSIBILITY IN CONNECTION WITH (A) THE SERVICES OFFERED BY THE WIX PARTNERS ON THE WIX MARKETPLACE AND THE USE THEREOF BY ANY USER; (B) THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE; (C) ANY WIX PARTNER’S REGISTRATION, OR PROFESSIONAL ACCREDITATION; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WIX MARKETPLACE; (E) THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WIX MARKETPLACE; AND (F) THE SUITABILITY, LEGALITY OR ABILITY OF ANY WIX PARTNER TO PROVIDE SERVICES.

NEITHER WIX NOR WIX REPRESENTATIVES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WIX MARKETPLACE (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY WIX MEMBER OR WIX PARTNER).

B. IN ADDITION TO THE LIMITATIONS OF LIABILITY AS STIPULATED IN THE WIX TERMS AND PARTNER PROGRAM TERMS, IN NO EVENT SHALL WIX AND WIX REPRESENTATIVES , BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY COMMUNICATION BETWEEN ANY WIX MEMBER AND ANY WIX PARTNER LISTED ON THE WIX MARKETPLACE.

YOU EXPRESSLY WAIVE AND RELEASE WIX AND WIX REPRESENTATIVES FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SERVICES. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS YOU RELEASE WIX AND WIX REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE WIX MARKETPLACE AND THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Users should use their best judgment when purchasing or providing a service.

NOTHING IN WIX MARKETPLACE TERMS AND CONDITIONS OR THE WIX MARKETPLACE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.

Wix provides no warranties or representations in connection with the services in the Wix Marketplace.

Wix is not responsible for the conduct of any user of the Wix Marketplace.

Users should use their best judgment when purchasing or providing a service.

6. Indemnification

In addition to your obligation of indemnification under the Wix Terms and Partner Program Terms, you agree to defend, indemnify and hold harmless Wix, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any third party right, including any copyright, property, or privacy right, resulting from your portfolio or User Content, or your usage of the Services; and/or (2) your use of the Wix Marketplace and/or the Services including in connection with any transactions and interactions resulting from the usages thereof; and/or (3) any other type of claim that your portfolio and/or User Content and/or your usage of any information provided to you by another User, caused damage to any User or other third party.

7. Customer Service Contact

To get in touch with us, please contact our Customer Care team.

8. Changes

Wix may change, suspend or terminate any feature of the Wix Marketplace, and/or change any provision of these Wix Marketplace Terms and Conditions, at any time and in any manner, with or without notice.