User Agreement
This Agreement was last modified on 15 June 2023.
This User Agreement sets forth the terms and conditions that govern your use of our Website or our Services. Certain linked information is incorporated by reference into this User Agreement.
"Account" refers to the account associated with your email address.
"Client" refers to a User who purchases Talent Services or products from Talent or identifies a Talent/Professional through the Website. A User may serve as both a Client and a Talent under this agreement.
"Dispute Resolution" refers to the process that Clients and Talents are required to follow in accordance with the Dispute Resolution Services.
"Gigsgen," "we," "our," "company," or "the company" or "us" refers to Gigsgen Digital Innovations Limited.
"Verified by Gigsgen" indicates that Users have undergone satisfactory verification as per the Know Your Customer and Identity Verification Policy.
"Dormant Account" refers to a User Account that has not been logged into for a period of six months, or any other period determined by us from time to time, or has been inactivated due to a violation of the agreements.
"Intellectual Property Rights" encompasses all existing worldwide intellectual property rights and the subject matter thereof, including:
a. patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to maintain the confidentiality of confidential information; and
b. any application or right to apply for the registration of any of the rights mentioned in paragraph (a), regardless of whether such rights are registered or capable of being registered, and whether they exist under any laws, at common law, or in equity.
"Milestone Payment" signifies a payment made by the Client for the provision of Talent Services under a User Contract, which will be released in accordance with the "Milestone Payments" section of these terms and conditions.
"Project" or "Posting" or "Job" refers to a job offered or awarded by a Client via the Website, which may include a Project listed by a Client, a Project awarded by a Client, a service purchased by a Client from a Talent, and a service awarded by a Client to a Talent.
"Talent" denotes a User who offers and provides services or identifies as a Talent through the Website. A User may act as both a Client and a Talent under this agreement.
"Talent Services" encompasses all services provided by a Talent.
"Gigsgen Services" encompasses all services provided by us to you.
"User", "you", or "your" refers to an individual who visits or uses the Website, including via the Android or iOS apps.
"User Contract" encompasses:
1. this User Agreement;
2. the Code of Conduct as amended from time to time;
3. any other contractual provisions accepted by both the Talent and Client uploaded to the Website, to the extent they are not inconsistent with the User Agreement and the Code of Conduct;
4. the Project terms as awarded and accepted on the Website, to the extent they are not inconsistent with the User Agreement and the Code of Conduct; and
5. any other material incorporated by reference from time to time.
"Website" refers to the Websites operated by Gigsgen, available at gigsgen.com and any of its regional or other domains or properties, as well as any related Gigsgen service, tool, application, including mobile web, iOS App, Android App, or any other access mechanism.
1. Overview
By accessing the Website, you acknowledge and agree to be bound by the following terms and conditions with Gigsgen. We reserve the right to amend this User Agreement and any linked information at our discretion by posting amended terms on the Website, without prior notice to you.
The Website serves as an online platform where Users engage in the buying and selling of Talent Services and products. To participate in the buying or selling of Talent Services and/or products, Clients and Talents must register for an Account. The Website facilitates the collaboration between Users for the completion and payment of Projects, as well as the buying and selling of products. It is important to note that we do not act as a party to any contractual agreements formed between Clients and Talents on the online platform. Rather, we solely facilitate the connection between the parties.
We reserve the right to modify or add to the Website, as well as the information, products, or services provided therein, without prior notice. However, we do not guarantee the constant updating of the Website. We shall not be held liable to you or any other party for any errors in the information displayed on the Website or for any outdated information.
2. Scope
Prior to utilizing the Website, it is imperative that you carefully review the entirety of this User Agreement, along with the associated Website policies and all linked information.
By accessing our Website, you affirm your understanding and acceptance of all the terms and conditions stipulated in this User Agreement, the Code of Conduct, the Gigsgen Privacy Policy, and all other applicable Website policies. Through your acceptance of this User Agreement, you agree that its provisions shall govern your use of the Website and any tools provided for interaction with the Website. It is important to note that certain Websites may entail additional or distinct terms which we shall furnish to you when you avail yourself of those particular services.
3. Eligibility
You are prohibited from using the Website if you:
All free user accounts are strictly personal and should not be shared with others. The individual associated with the account shall bear full responsibility for all actions conducted through the account, without limitation.
In accordance with local laws, individuals between the ages of 15 and 18 may use an adult's account with the explicit consent of the account holder. Nevertheless, the account holder shall be liable for all actions taken through the account, without limitation.
Users have the option to provide a business name or company name associated with their Account. However, users acknowledge and agree that this User Agreement is a contract between the user as an individual (not the business or company), and users shall remain solely accountable for all activities performed in relation to their Account.
A company, corporation, trust, partnership, or other non-individual corporate entity may be eligible for a User account subject to meeting the criteria for a corporate account, including payment of corporate subscriptions.
We retain the absolute discretion to refuse the registration of any person or entity as a User.
You are not permitted to transfer or assign any rights or obligations arising from this agreement without obtaining prior written consent.
4. Using Gigsgen
During your utilization of the Website, you shall refrain from engaging in or attempting any of the following actions:
5.Intellectual Property Rights Infringement
Gigsgen maintains a firm commitment to addressing instances of alleged infringement of intellectual property rights. Our Copyright Policy is intended to facilitate the submission of clear notices regarding such infringements, while simultaneously minimizing the receipt of fraudulent or challenging-to-verify notices. If you have a reasonable belief that your Intellectual Property Rights have been violated, kindly inform us by utilizing the "Contact Us" feature on our Website. Upon receipt of your notification, we will promptly conduct an investigation into the matter.
6. Fees and Services
Gigsgen imposes fees for specific services, including introduction fees for Projects, listing upgrades, and memberships. Prior to utilizing a fee-based service, you will have the opportunity to review and accept the applicable fees outlined in our Fees and Charges schedule, which may be subject to periodic modifications. We reserve the right to temporarily modify the fees for our services during promotional events, such as discounts on memberships, or when introducing new services. Such changes will be deemed effective upon their publication on the Websites or through promotional communications.
Unless explicitly stated otherwise, all fees are denominated in United States Dollars.
7. Taxes
As a user of our services, you are responsible for the payment of any relevant taxes, including goods and services taxes or value-added taxes, that may be imposed based on the jurisdiction of the services provided.
Depending on your place of residence or location, specific fees charged by us may be subject to certain ad valorem or other taxes. If such taxes are applicable, they will be added to the invoiced fees.
It is understood that you have an obligation to comply with your tax obligations as prescribed by the income tax provisions of your jurisdiction.
Please be aware that certain Talents (Freelance Contractors) who are either registered or required to be registered under IR35 legislation for Personal Income Tax may be required to collect taxes on specific projects.
8. Payment Administration Agent
You acknowledge and consent that, at our sole discretion, we may occasionally designate our related bodies corporate, affiliates, or any other third party as our authorized agent to process payments (including merchant facilities) on behalf of Users, either as payers or recipients.
Such designated third party shall possess the same rights, powers, and privileges granted to us under this User Agreement, and they shall be entitled to exercise and enforce these rights, powers, and privileges either as our agent or in their own capacity. Under no circumstances shall we be held liable to any User for any loss, damage, or liability arising from acts or negligence of the Payment Administration Agent that exceed the authority granted by Gigsgen.
9. Promotion
We reserve the right to showcase your company or business name, logo, images, or other media as part of the Gigsgen Services and/or in our marketing materials associated with the Website, unless you have expressly requested that we refrain from doing so and we have agreed to such a request in writing.
You acknowledge and consent that we may utilize the public description of your Projects and the content provided in your profile information on the Website for marketing and other relevant purposes.
10. Content
Ownership and License:
We do not assert ownership over your User Content; however, by submitting User Content on our Website, you grant us a non-exclusive, sublicensable, irrevocable, and royalty-free worldwide license under all applicable intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, comment on, modify, adapt, translate, create derivative works, publicly perform, make available, and otherwise exploit your User Content, in whole or in part, in any media format now known or developed in the future. This license extends to third-party sites and platforms, and there are no limitations on the number of copies, time, manner, or frequency of use. This license is granted without further notice, permission, or payment to you or any other party.
Our Role and Discretion:
You acknowledge and agree that:
1. We act solely as a platform for the online distribution and publication of User Content. We are not responsible for ensuring that User Content is made available on the Website. We reserve the right to take appropriate action, at our discretion, concerning your User Content.
2. We bear no responsibility or liability for the deletion or failure to store any content, whether or not it was actually made available on the Website.
3. All content submitted to the Website is subject to our approval. We reserve the right to reject, approve, or modify your User Content at our sole discretion.
Representations and Warranties:
You represent and warrant that your User Content:
1. Does not infringe upon or misappropriate any intellectual property rights, proprietary rights, rights of publicity, or privacy rights of any person.
2. Does not violate any laws or regulations.
3. Is not defamatory or trade libelous.
4. Does not contain obscene or child pornography material.
5. Does not involve the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.
6. Does not contain material linked to terrorist activities.
7. Does not include incomplete, false, or inaccurate information about yourself or any other individual.
8. Does not contain viruses or other computer programming routines intended to damage, interfere with, intercept, or expropriate any system, data, or personal information.
Personal Information and Data Transfer:
You acknowledge and agree that we may transfer your personal information to a related body corporate, and such information may be transferred outside of the United Kingdom or any other jurisdiction. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Gigsgen Services, and we reserve the right to close your Account.
Disclaimer and Third-Party Content:
Information on the Website may include general information about legal, financial, health, and other matters. Such information is not intended as advice and should not be relied upon as such. It is essential to consult a professional adviser for specific inquiries. We provide access to third-party content, including User feedback and articles with original content and opinions (or links to such third-party content), as a portal service, and we assume no liability for such third-party content, whether related to copyright, intellectual property, defamation, libel, privacy, obscenity, or any other legal matter.
Third-Party Websites:
The Website may contain links to third-party websites. We do not exercise control over the websites we link to and do not endorse the content, products, services, practices, policies, or performance of such websites. Your use of third-party content, links, or websites is at your own risk.
Retention of Information:
Regarding the deletion, hiding, or disposal of any information or content, utilizing the Website to perform such actions does not guarantee permanent deletion. Information may be retained for record keeping.
11. Feedback, Reputation, and Reviews
Copyright and Ownership:
You acknowledge that the copyright of any feedback, reputation, or reviews you provide, including comments and ratings (e.g., quality, communication, etc.), along with any composite rating determined by us, is transferred to us. Such feedback, reputation, and reviews are our sole property, even though we allow you to display them on our Website while you are a User. You must not use or handle such feedback, reputation, and reviews in a manner inconsistent with our policies as posted on the Website without our prior written permission.
Integrity of the Feedback System:
You are prohibited from engaging in any activity that may undermine the integrity of the Gigsgen feedback system. We reserve the right to suspend or terminate your Account at our sole discretion if we have concerns about any feedback concerning you or your feedback rating, which we believe may compromise the integrity of our feedback system.
Ownership and Use of Feedback Ratings:
The ownership of our feedback ratings rests with us and may only be used for the purpose of facilitating the provision of Talent Services through the Website. You are not permitted to use your Talent or Client feedback, including your composite ratings or feedback comments, for any purpose outside of a website operated by Gigsgen or its related entities, without our written permission. Such usage includes marketing or exporting your feedback ratings or comments.
12. Advertising
Unless specifically agreed upon with us, you are prohibited from advertising external websites, products, or services on the Website. Any website address posted on the Website, including in listings, bids, listing descriptions, clarification boards, or message boards, must be relevant to a Project, listed item, user, or service being offered on the Website.
We reserve the right to display advertisements or promotions on the Website. You acknowledge and agree that we shall not be held responsible for any loss or damage incurred by you as a result of the presence of such advertisements or promotions, or any subsequent interactions or transactions with third parties. Furthermore, you acknowledge and agree that the content of these advertisements or promotions may be protected by copyrights, trademarks, service marks, patents, or other intellectual property or proprietary rights and laws. Unless expressly authorized by Gigsgen or the relevant third-party right holders, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisements or promotions.
13. Communication With Other Users
All communication with other users on the Website must be conducted through the provided text, audio, and/or video chat functionality, message boards, public clarification boards, project message boards, direct messaging, and other communication channels available on the Website.
You are strictly prohibited from posting your email address or any other contact information (including Skype ID or other identifying strings on other platforms) on the Website, except in the designated "email" field of the signup form, at our explicit request, or as otherwise permitted by us on the Website.
Unless you have an established prior relationship with a user, you are only allowed to communicate with users through the Website. You must not, under any circumstances, attempt to communicate with other users through any alternative means, including but not limited to email, telephone, Zoom, Skype, MS-Teams, ICQ, AIM, MSN Messenger, WeChat, Snapchat, GTalk, GChat, or Yahoo.
Users found engaging in communications or transactions outside the platform may be subject to penalties.
In the case of video chat or audio chat, any agreed-upon terms between users must be confirmed in writing using the chat or direct message function provided on the Website.
Gigsgen may utilize certain information such as your name, location, display or username, and/or image for the purpose of providing messaging services on the Website or in the mobile apps.
Please note that we reserve the right to read all correspondence posted on the Website, as well as download or access, and if necessary, test all uploaded files, programs, and websites related to your use of the Website. This is done for the purpose of investigating fraud, ensuring regulatory compliance, managing risks, and other related purposes.
14. Identity / Know Your Customer
You hereby authorize us, either directly or through third parties, to conduct any necessary inquiries to validate your identity. Upon our request, you are obligated to:
(1) Furnish us with additional information, including but not limited to your date of birth or any other relevant information enabling us to reasonably identify you;
(2) Take necessary actions to confirm the ownership of your email address or financial instruments; or
(3) Verify your information through third-party databases or alternative sources.
Upon our request, you are also obligated to provide copies of identification documents (such as your passport or driver's license). Additionally, we reserve the right to request photographic identification, where you are required to hold your identification document together with a sign containing a code provided by us. This step serves as an additional measure to verify your identity. Furthermore, we retain the right to request a video interview with you to validate the aforementioned information, your identity, background, and skills.
Should we be unable to obtain or satisfactorily verify the requested information as outlined in this section, we reserve the right to close, suspend, or restrict your access to your Account, the Website, and/or Gigsgen Services.
To ensure compliance, your particulars on the website may be updated to align with the provided identity documentation. Disbursements, such as wire transfers from the website, shall only be processed to the beneficiary whose details match the information provided in your identity documents and account information.
Please note that if you are not Verified by Gigsgen, certain restrictions may apply, including the inability to withdraw funds from your Gigsgen Account. For more information, kindly refer to the Know Your Customer and Identity Policy.
15. User Services
Upon the Client's acceptance of a Project awarded to the Talent on the Website, or the Client's purchase of an item from the Talent, it shall be deemed that the Client and Talent have entered into a User Contract. This User Contract establishes the agreement whereby the Client agrees to purchase and the Talent agrees to deliver the Talent Services. You undertake not to include any contractual provisions that conflict with the User Agreement.
As a User, you bear sole responsibility for ensuring compliance with your obligations towards other Users. Failure to do so may render you liable to such Users. It is your responsibility to familiarize yourself with relevant domestic laws (including common law), international laws, statutes, ordinances, and regulations applicable to you as a Client or Talent, as well as any other use of the Website.
In the event that another User breaches their obligations towards you, it is your sole responsibility to pursue any rights you may have. It is important to note that we do not assume any responsibility for enforcing rights under a User Contract.
Talents and Clients may have certain rights under statutory warranties, which may not be lawfully excluded depending on their jurisdiction. The provisions of this User Agreement do not seek to override any rights that may not be excluded under applicable law. Moreover, this User Agreement is drafted in accordance with unfair contracts legislation to ensure compliance. In the event that any part of this User Agreement conflicts with inalienable rights under local laws, the parties intend for the agreement to be readjusted only to the extent necessary to comply with such local laws.
Each User acknowledges and agrees that the relationship between Clients and Talents is that of independent contractors. Nothing in this User Agreement establishes a partnership, joint venture, agency, or employment relationship between Users. Furthermore, this User Agreement does not create a joint venture, partnership, or employer-employee relationship between Gigsgen and any User.
16. Funds
You may hold positive balances in your Account if you have made prepaid payments for fees, charges, or services to be rendered to you through the Website. In the case of being a Talent, positive funds may arise upon successful completion of a Project or sale of an item, leading to the release of funds to you. Additionally, there are situations where funds may be credited to your Account under an affiliate program or referral program.
The funds held in your Account are maintained by us in our operating accounts, which are held with authorized financial institutions. Please note that these funds are not kept separately and may be mixed with our general operating funds or funds belonging to other Users' Accounts.
It is important to understand that you are not entitled to receive any interest or earnings on the funds held in your Account.
Any interest accrued on the funds held in our operating accounts, as received from the financial institutions, will be retained by us, and we shall not be liable to any User for any implied interest on such funds.
In the case of a negative balance in your Account, we reserve the right to:
1. Offset the negative amount with any subsequent funds received into your Account.
2. Reverse payments made from your Account to other User Accounts on the Website.
3. Deduct amounts owed to us from funds subsequently added or received into your Account.
4. Temporarily suspend or restrict your Account until the negative balance is cleared.
Should we offset a negative amount of funds in accordance with this section, it may be consolidated with another debit from your Account.
We retain the right to pursue collection of any outstanding funds owed to us through legal means.
You acknowledge and agree that:
1. We are not a bank or a licensed financial institution and do not provide banking services or any other financial services to you.
2. The funds displayed in your Account represent our unsecured obligations to you regarding your ability to direct us for payment related to the purchase and sale of Talent Services through the Website and provision of the Gigsgen Services.
3. If you became a User through an acquisition and your account was transferred to the Website, our responsibility for your positive funds is limited to the extent outlined in the legal documentation between us and the acquired marketplace, in conjunction with this agreement. You expressly acknowledge that it is your responsibility to verify the validity of your funds, and any discrepancies or misrepresentations in this regard shall not be a claim against us but rather against the counterparty of any previous user agreement to which you consented.
4. Once we are obligated to release funds from your Account to you, you become our unsecured creditor until such funds are disbursed.
5. We are not acting as a trustee or fiduciary with respect to these funds or payments.
6. The funds in your Account are not insured and do not constitute a guaranteed deposit.
7. Funds can only be loaded into your Account or released from your Account through the mechanisms provided on the Website for the purpose of paying for or receiving funds related to Talent Services.
8. Any refunds due to you will be credited solely to the original deposit source and cannot be redirected to any other payment method.
9. We will hold the funds corresponding to the balance in your Account in an account maintained by us with a financial institution (or in any other manner determined solely by us from time to time), and such funds will not be segregated into a separate account.
10. Your funds may be commingled with funds belonging to other Users and our own funds, and such commingled funds may be utilized for making payments to other Users, serving general corporate purposes, or for any other reason. However, we will remain obligated to release or refund funds as per your instructions in accordance with this User Agreement.
17. Limits & Fraud Prevention
We retain the right to suspend a User's request to withdraw funds if there is a suspicion of fraudulent origin regarding the funds.
Upon becoming aware of funds received into an Account from another Account through a fraudulent transaction, immediate reversal shall take place. If such funds have already been disbursed to you, it is obligatory to return the funds to your Account. Failure to comply may result in the suspension, restriction, or termination of your account, and appropriate measures may be taken to recover the funds.
At our sole discretion, we may impose a limitation on any or all of the funds held in your Account (thereby prohibiting their usage) if:
1. We believe there is an unacceptable level of risk associated with you, your Account, or any of your transactions, including the risk of funds being subject to reversal or chargeback.
2. We believe that the payment recipient is someone other than yourself.
3. We believe the payment is being directed to a country where our Services are not offered.
4. We are obligated to do so by law or at the request of applicable law enforcement agencies.
In the event of a dispute, we may (under certain circumstances) impose a temporary limitation on the funds in your Account to cover any potential liability. If the dispute is resolved in your favor, the limit on your funds will be lifted, and the funds may be released to you. If the dispute is not resolved in your favor, we may deduct the funds from your Account. Additionally, we may impose a limit on your account if we suspect fraudulent or other unacceptable behavior from you, while an investigation into such matters is conducted.
18. Refunds
You have the right to request a refund for any funds you have deposited into your Account, except when such amount pertains to fees or charges owed to us.
If we agree to the refund, the User will receive the funds through the same payment method(s) used for the initial payment to us.
We may issue refunds to Users in the following circumstances, regardless of whether a refund request was made by the User:
(1) We are legally obligated, or reasonably believe we are legally obligated, to do so.
(2) Refunding the funds to the User would prevent a dispute or minimize our costs.
(3) The refund aligns with any refund policy specified by us from time to time.
(4) We discover that the original payment made by the User is fraudulent.
(5) The User mistakenly made a duplicate payment.
(6) We, at our sole discretion, determine that refunding the funds is necessary to avoid a credit card chargeback.
To request a refund, you can utilize our customer support page or send an email to support@gigsgen.com.
If you initiate a chargeback request or any other form of "Request for Information" or similar process, you expressly consent to us sharing all relevant information regarding your agreement to these terms and conditions, in order to counter any chargeback request.
If you have already initiated a chargeback request with your credit card issuer, you must not request a refund from us, and you must not attempt to seek double recovery.
If, after careful consideration of all relevant circumstances, we reasonably determine that you have made an excessive or unreasonable number of refund requests or chargebacks, we reserve the right to suspend, restrict, or close your Account.
19. Withdrawals
As a security measure to prevent fraud, the initial withdrawal of earned funds may experience a delay of up to fifteen days.
Subsequent withdrawals may also be subject to a delay of up to fifteen days if our fraud prevention policies necessitate such a delay.
There may be a minimum withdrawal amount for funds earned, which is specified in our Fees and Charges schedule. Unless otherwise explicitly agreed upon with our support team, the maximum monthly withdrawal limit is $10,000.
You acknowledge and consent to our right to verify your identity or request additional information from you as part of our anti-fraud and Know Your Customer measures, as described in the "Know Your Customer / Identity Policy" sections of this agreement.
20. Payment Disputes
In the event that a User challenges a payment with their card issuer or financial institution, resulting in a chargeback, reversal instruction, or similar action, it is important to note that such actions are initiated by the payment product issuer or third parties, and not by us. We are obligated to adhere to the instructions provided in such cases.
By accepting these terms, you acknowledge and agree that we have the right to recover any chargebacks or reversals imposed on us by payment product issuers or third parties, including payment processors, for funds that have been paid to you by Buyers through the Website. This includes any associated processing fees or other charges incurred by us in relation to these chargebacks and reversals.
Furthermore, you consent to our ability to reverse any payments made to you that are subject to a chargeback or reversal instruction initiated by your payment product issuer or third parties, such as payment processors. Should you initiate a chargeback request, "Request for Information," or any similar process, you explicitly agree and authorize us to share any and all relevant information pertaining to your acceptance of these terms and conditions. This sharing of information is done to counteract any such chargeback requests effectively.
21. Dormant Accounts
User Accounts that remain inactive, with no login activity, for a specified period of time will be subject to a monthly maintenance fee. This fee covers expenses related to storage, bandwidth, support, and management costs incurred in hosting the User's profile, storing their portfolio, listing them in directories, promoting their profile on the Website and other platforms, file storage, message transmission, general administrative tasks, and message and data storage costs.
The duration of the inactive period and the amount of the maintenance fee are detailed in our schedule of Fees and Charges.
We retain the right to close any Dormant Account that has remained inactive for an extended period.
Furthermore, we reserve the right to close any account that has a balance of zero or negative funds.
22. Right to Refuse Service
We reserve the right to terminate, suspend, or restrict your access to your Account without providing a reason. This includes, but is not limited to, situations where:
1. We determine that you have violated or are in breach of this User Agreement.
2. You deliberately underbid on a Project with the intention of privately renegotiating the actual price to avoid fees.
3. We find that you have infringed upon legal rights, resulting in actual or potential claims, including infringement of Intellectual Property Rights.
4. We ascertain that you have engaged or are engaging in fraudulent or illegal activities.
5. You fail to respond to requests for account verification.
6. You do not complete the account verification process within 3 months from the date of the request.
7. You are subject to sanctions imposed by the UN, UK, EU, USA, or any other applicable sanctions regime, or if our banking and payment relationships prevent us from conducting business with you.
8. It is necessary to manage any risk of loss to us, another User, or any other individual.
9. For any other valid reasons.
If we close your Account due to a breach of this User Agreement, you may also be held liable for applicable fees as outlined in this User Agreement.
In addition to our other remedies, in the event of your breach of this User Agreement, you are obligated to pay all fees owed to us and reimburse us for any losses, costs (including employee time), and reasonable expenses (including legal fees) incurred in investigating such breach and collecting outstanding fees.
You acknowledge and agree that:
1. The damages we will incur as a result of your breach of this User Agreement may be significant and may include fines and related expenses imposed on us by our payment processors and Users. Determining the exact amount of these damages may be extremely difficult or impracticable.
2. In the event of a breach, we may impose a fine of up to US$2,500 for each violation and/or take legal action against you to recover losses exceeding the fine amount.
3. The fine of up to US$2,500 represents a presently reasonable pre-estimate or minimum estimation of our damages, considering the existing circumstances, including the expected range of harm to us and the difficulty in proving actual damages.
4. We have the right to deduct the entire or partial fine amount from your Account.
If we close your Account for reasons other than a breach of this User Agreement, unless otherwise specified in this User Agreement, you will be entitled to receive any outstanding payments due to you from us.
In the event of Account closure, you hereby waive any claims against us arising from such suspension or termination of your Account.
23. Milestone Payments
The Client must deposit a Milestone Payment at the award of the Project, which will be held in the Gigsgen account and cannot be accessed by the Talent until one of the following conditions is met:
1. The Client provides approval and agrees that the funds can be released to the Talent.
2. In the event of a dispute, the Client and Talent successfully conclude the Dispute Resolution Process, and the resolution favors the Talent.
3. The Client instructs us to make a payment to the Talent for the services rendered in connection with a Project or Contest.
4. The Client acknowledges that the Talent has satisfactorily completed the services in full.
If a Client is dissatisfied with the work product of the Talent, the parties may opt to resolve the matter through the Dispute Resolution Process.
In the absence of any instructions or disputes from the Client or Talent regarding a Milestone Payment within a reasonable timeframe, not exceeding six months or any other appropriate duration, from the date the Milestone Payment was made, and if the Client has not logged into their Account during that period, the Milestone Payment will be returned to the Client.
24. Dispute Resolution Services
Gigsgen provides Dispute Resolution Services to Users who have opted to utilize the Milestone Payment feature. You hereby acknowledge and agree that:
(i) Gigsgen does not offer legal services;
(ii) Gigsgen will not provide any legal advice; and
(iii) If you require legal guidance, you shall seek independent legal counsel from qualified professionals authorized to practice law in your jurisdiction. You shall not rely on Gigsgen for any such counsel.
In the event of a dispute arising between a Client and a Talent concerning the return or release of Milestone Payments, either the Client or the Talent may choose to utilize the Dispute Resolution Services provided by Gigsgen, as outlined in the Dispute Resolution Policy. The Client and Talent will be duly informed that the matter will be addressed through the Dispute Resolution Services.
You agree to indemnify and hold Gigsgen and its affiliates harmless, to the fullest extent permitted by law, against any damages or liabilities you may incur as a result of using the Milestone Payments and/or Dispute Resolution Services.
Gigsgen will handle disputes initiated by a Talent or a Client in accordance with the Dispute Resolution Services outlined in this clause, as well as the Dispute Resolution Policy. This applies to disputes arising in connection with the provision of the platform and the hosting of the Website by Gigsgen, as described in the Dispute Corner clause. Additionally, it encompasses the approach to disclosing information regarding chargebacks, as set forth in clauses 18 and 20 of this agreement.
25. Other Disputes With Users
You acknowledge and agree that in the event of a dispute arising between you and another User regarding any Project, you shall make reasonable efforts to resolve any differences related to said Project, including matters concerning the quality of the services provided.
If you encounter ongoing difficulties or issues with a dispute involving another User and a Project, we encourage you to contact us as specified in the section titled "Contacting us."
You agree that any dispute unrelated to a Milestone Payment (which must be addressed in accordance with the Dispute Resolution Policy) between you and another User shall be handled in accordance with this clause. Gigsgen shall possess full rights and authority to make determinations for all such disputes. Upon receipt of a dispute, Gigsgen may request the Talent and the Client to submit supporting documentation substantiating their claims or positions in relation to the dispute. You acknowledge that Gigsgen holds absolute discretion to accept or reject any document provided. Furthermore, you recognize that Gigsgen is not a judicial or alternative dispute resolution institution, and our determinations shall be made solely as an ordinary reasonable person. Additionally, we do not warrant the truth, completeness, or accuracy of the documents provided by the disputing parties. You agree to indemnify and hold Gigsgen and its affiliates harmless, to the maximum extent permitted by law, from any damages or liabilities you may incur as a result of any subsequently discovered false or misleading documentation or material.
Regarding disputes with other users of the Website, you hereby agree to indemnify Gigsgen against any and all claims, demands, and damages, both actual and consequential, of every kind and nature, known and unknown, arising from such disputes, our determinations, or the use of the Dispute Resolution Services for Milestone Payments and/or Other Disputes.
The Gigsgen Code of Conduct is applicable to all services provided by Gigsgen, including but not limited to the Dispute Resolution Services. You are obligated to conduct yourself with fairness and present reasonable and equitable demands/offers during the dispute resolution process. Any conduct involving threats, blackmail, intimidation, or inducement of users to leave positive feedback will not be tolerated, particularly instances of refusing to provide deliverables or payment related to feedback provision.
A User found to be in violation of the Code of Conduct during the Dispute Resolution Service process may automatically lose the dispute in favor of the opposing party, regardless of the original nature of the dispute. The User who breached the Code of Conduct may also face additional disciplinary actions. For further details, please refer to the Code of Conduct.
26. Currencies
The Website operates using US dollars (US$) as the primary currency for pricing and service offerings. All services provided through Gigsgen will be quoted and transacted in US dollars. Talent income generated from their services on the Website will have their payment withdrawals initiated by Gigsgen in US dollars.
However, the deposit into Talent bank accounts will depend on the currency of their respective bank accounts. Any currency conversion and associated rates applied by banks during the deposit process are not within the purview of Gigsgen's responsibility. It is the Talent's duty to be cognizant of and comprehend any potential conversion fees or charges imposed by their bank.
27. Survival and Release
This agreement supersedes any prior agreement between you and the Company. If any provision of this document is deemed unenforceable, such provision shall be limited to the minimum extent necessary so that the remainder of this document shall remain in full force and effect. Our failure to enforce any part of this document does not constitute a waiver of our rights to later enforce that or any other part of this document. We reserve the right to assign any of our rights and obligations under this document from time to time.
In the event of a dispute between participants on this site or between users and any third party, you acknowledge that the Company has no obligation to intervene. Should you have a dispute with one or more other users, you hereby release the Company, its officers, employees, agents, and successors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
28. Access and Interference
You agree that you shall not, without our express written permission, use any automated means, including but not limited to robots, spiders, scrapers, or any other automated tools, to access the Website, including our mobile apps or any other interfaces, for any purpose.
Furthermore, you agree that you shall not:
1. Take any action that unreasonably or disproportionately burdens or interferes with our infrastructure, as determined by us in our reasonable discretion;
2. Interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system, or network connected to or used in relation to the Website or your Account, whether by yourself or in assistance to others, or take any action that unreasonably or disproportionately burdens our infrastructure, as determined by us in our discretion;
3. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the websites (excluding your own information) without the prior express written permission of Gigsgen and the relevant third party, as applicable;
4. Interfere or attempt to interfere with the proper functioning of the Websites, services, or tools, or any activities conducted on or through them; or
5. Circumvent our robot exclusion headers or any other measures we employ to prevent or restrict access to the Website.
29. Closing Your Account
You have the right to close your Account at any time by submitting a request through our Contact Us form.
Account closure is contingent upon the following conditions:
1. Ensuring that there are no active listings on the Website associated with your Account;
2. Resolving any pending issues, such as account suspension or restrictions, before initiating the closure process; and
3. Settling any outstanding fees or amounts owed on the Account.
To comply with regulatory obligations and external requirements, we may retain certain personal information even after your Account is closed. Please note that closing your Account does not guarantee the complete deletion or removal of all information held by us.
30. Privacy
Your information is processed in accordance with the Gigsgen Privacy Policy. If you have any concerns about the transfer or use of your information as outlined in the policy, you should refrain from using our services. It is important to note that your name and personal details will be utilized for identity verification purposes during regular business operations within this online marketplace. This may include their inclusion on invoices and purchase orders, among other relevant documents, exchanged between transacting parties. Such documentation may be automatically generated upon project award, acceptance, and payment.
31. Indemnity
You agree to indemnify us, including our officers, directors, agents, subsidiaries, joint venturers, and employees, against any claim or demand, including legal fees and costs, brought against us by a third party as a result of your violation of this Agreement or any infringement of the law or the rights of a third party while using the Gigsgen Services and Website.
Furthermore, we reserve the right to utilize any funds in your Account to offset any liabilities you owe us or losses incurred by us due to your failure to fulfill obligations or breach of this User Agreement.
32. Security
In the event that you become aware of any unauthorized access or security breach to the Website, your Account, or the Gigsgen Services, you must promptly notify us and take all necessary measures to mitigate the unauthorized access or security breach (including preserving evidence and notifying relevant authorities). Your User Account is strictly personal and you must not disclose your password to any third party. It is your sole responsibility to ensure the security of your password. We shall not be held liable for any loss or damage resulting from unauthorized access to your account arising from your failure to adequately secure your password.
33. No Warranty as to Each User's Purported Identity
We are unable to verify and do not guarantee the authenticity of each User's claimed identity on the Website. While we may offer information about a User, such as their risk score, geographic location, or third-party background check or verification of identity or credentials, such information is solely based on the data submitted by the User. We provide this information for the convenience of Users, and its provision does not constitute an introduction, endorsement, or recommendation by us.
34. No Warranty as to Content
The Website is a dynamic and time-sensitive platform. As a result, the information on the Website is subject to frequent changes. It is possible that certain information may be considered offensive, harmful, inaccurate, misleading, or mislabeled either unintentionally by us or intentionally or unintentionally by a third party.
Our Services, the Website, and all the content provided on it are offered on an "as is," "with all faults," and "as available" basis, without any warranties, either express or implied. Without limiting the foregoing, we make no representation or warranty regarding:
1. The Website, Talent Services, or Gigsgen Services;
2. The accuracy, reliability, availability, truthfulness, timeliness, or content of the Website, Talent Services, or Gigsgen Services;
3. Whether the Website, Talent Services, or Gigsgen Services will be up-to-date, uninterrupted, secure, error-free, or non-misleading;
4. Whether any defects in the Website will be rectified;
5. Whether the Website, Talent Services, or Gigsgen Services, or any data, content, or material will be backed up or if there are business continuity measures in place for the Website, Talent Services, or Gigsgen Services;
6. Any third-party agreements or any guarantee of business opportunities obtained through the Website, Talent Services, or Gigsgen Services or by us; or
7. The Website, Talent Services, or Gigsgen Services, or the underlying infrastructure, being free of errors or malicious code, secure, confidential, or performing at any particular standard or having any specific functionality.
To the fullest extent permitted by law, we expressly disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement.
35. Limitation of Liability
Under no circumstances shall we, our affiliated entities, our affiliates, or our staff be liable, whether in contract, warranty, tort (including negligence), or any other legal theory, for:
1. Any indirect, special, incidental, or consequential damages that may be incurred by you;
2. Any loss of income, business, or profits (whether direct or indirect) that may be incurred by you;
3. Any claim, damage, or loss that may be incurred by you as a result of your transactions involving the Website.
The limitations of our liability to you as stated above shall apply regardless of whether we, our affiliated entities, our affiliates, or our staff have been advised of the possibility of such losses or damages.
Notwithstanding the provisions above, nothing in this User Agreement is intended to limit or exclude any liability on our part, as well as our affiliated entities and affiliates, where and to the extent that applicable law prohibits such exclusion or limitation.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for the breach of any non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is at our sole discretion): either the supply of the Gigsgen services again or the payment of the cost of having the Gigsgen services supplied again.
36. Legal Limitations
As certain jurisdictions may not permit some of the exclusions or limitations mentioned above, some of these exclusions or limitations may not apply to you. In such cases, the liability will be limited to the maximum extent permitted by the applicable legislation. We reserve the right to assert this User Agreement as a defense against any claim, action, proceeding, or suit brought by you against us, arising out of any transaction or relating to this User Agreement.
Both you and we agree that any claims between you and us will be brought solely on an individual basis and not as part of a class or representative action or proceeding. Unless mutually agreed otherwise, the arbitrator may not consolidate or join claims of multiple individuals or parties, and may not preside over any form of consolidated, representative, or class proceeding. Furthermore, the arbitrator may only grant relief (including monetary, injunctive, or declaratory relief) in favor of the individual party seeking such relief, and only to the extent necessary to address the individual claim(s) of that party. Any relief granted shall not affect other users.
37. Notices
Legal notices will be served to the email address that you have provided to Gigsgen during the registration process. The notice will be considered given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may provide you with legal notice by mail to the address you have provided during the registration process. In such a case, the notice will be considered given three days after the date of mailing.
Any notices to Gigsgen must be given by sending a registered ordinary post (or if sent to or from a location outside the UK, by registered airmail).
38. Law and Forum for Legal Disputes
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. We encourage you to attempt to resolve any disputes through certified mediation services (such as online dispute resolution processes). If a dispute cannot be resolved through mediation, you and Gigsgen agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which shall have jurisdiction over any claims or legal proceedings arising out of or in connection with this Agreement.
39. Severability
The provisions of this User Agreement are severable, and if any provision of this User Agreement is determined to be invalid, illegal, or unenforceable under any applicable law, it shall be modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the invalid, illegal, or unenforceable provision shall be deemed removed, and the remaining provisions of this User Agreement shall continue in full force and effect. We reserve the right to assign this Agreement to an associated entity or a third party without your consent in the event of a sale or transfer of our assets. In the event of any sale or transfer, you shall remain bound by this User Agreement.
40. Interpretation
The headings in this Agreement are provided for convenience and reference purposes only. They do not limit, define, construe, or describe the scope or extent of any section in this Agreement.
41. No Waiver
Any failure on our part to take action in response to an anticipated or actual breach by you or any other party shall not be considered a waiver of our right to take action in response to subsequent or similar breaches. The exercise of our rights in one instance shall not prevent us from exercising those rights in any other instances. However, nothing in this section shall limit or exclude your liability arising from fraud or fraudulent misrepresentation.
42. Communications
By using the Website and Services, you give your consent to receive notices and information from us through electronic communication. You have the right to withdraw this consent at any time; however, in such case, we reserve the right to suspend or terminate your Account.
43. Additional Terms
It is essential to thoroughly read and comprehend all our policies as they establish the guidelines for conducting trades on the Gigsgen Website. Furthermore, there may be specific policies or rules that are applicable, and it is your responsibility to review the relevant pages and policies on our platform to ensure compliance. Our policies, including those referenced within them, form an integral part of this Agreement and contain additional terms and conditions pertaining to specific services offered on our Websites, including but not limited to:
Each of these policies may be modified periodically, and any changes become effective upon their posting on the Gigsgen Website. When utilizing specific services on our platform, you are bound by any posted policies or rules applicable to the services you use through the Website, which may be updated from time to time. All such policies or rules are incorporated into this User Agreement.
44. General
This Agreement constitutes the entire understanding and agreement between you and Gigsgen. The following Sections shall remain in effect despite any termination of this Agreement: Fees And Services (pertaining to outstanding fees for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.
45. Abusing Gigsgen
Gigsgen reserves all rights, to the fullest extent permitted by law, to restrict, suspend, or terminate our service(s) and/or user account(s), suspend or prohibit access to our services, remove any content, and take any and all necessary technical or legal measures to prohibit users.
Without limiting the grounds for taking the aforementioned actions, conduct that may result in such response could include:
1. Utilizing our services for any unlawful or non-genuine purpose
2. Engaging in activities that cause issues with other users or potential legal liabilities
3. Infringing upon the intellectual property rights of third parties
4. Acting in contradiction to the letter or spirit of any of our policies
5. Harassing or engaging in inappropriate or unreasonable communications with any members of our staff
6. Making any attempt to utilize Gigsgen's platform or services for any objectionable purpose
46. Feedback
Should you have any inquiries regarding this User Agreement or if you wish to notify us of any violations of this User Agreement, please get in touch with us through our Contact Us form or send an email to support@gigsgen.com.