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Terms of Service

May, 2018

Welcome to getgigz.com. GetGigz is an online, and social media marketplace in which users are able to collaborate on a number of different physical and virtual projects.

Users can exchange ideas, services and materials for a fee. GetGigz is an online marketplace and is positioned to be a market leader in the freelance work space. In addition, GetGigz provides a place in which users are able to clearly articulate acquired knowledge and skills in order to perform physical and virtual tasks for a fee.

The following terms and conditions (these "Terms of Service"), govern your access to and use of the www.getGigz.com website, and Android or Apple applications, including any content, functionality and services offered on or through www.getgigz.com hereafter to be referred to as the “site, getgigz, getgigz.com, getgigsinc, getgigsinc.com”, by Get Gigs Inc, a California Corporation.

Please read the Terms of Service carefully before you start using the Site or app.

By using the site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference.

If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 16 years of age or older. If you are under 16 you may not use this Site or either post gigs or post skills. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the eligibility as outlined below. If you do not meet all of these requirements, you must not access or use the site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.


Key Terms

GigStar: Individual who Post their Skills and seeks to acquire freelance job opportunities on the Site or Android, Apple application.

Post a Skill: Information that outlines individual job skills, experience as posted by users, GigStars, freelancers or Subject Matter Expert (SME).

SME: Users who post skills and have been deemed as Subject Matter Experts within their respected freelance skills and category by their customers and other users.

Post a Gig: Information that outlines job opportunities for freelance seekers, GigStars. It describes the gig and outlines terms and conditions for the gig, budget and additional information.

Customer: A user who Post Gig and who is looking for a GigStar, service provider or SME.

GetGigz: Freelance job opportunity for individuals seeking freelance work.

GizLife: Individuals who conduct more than 3 gigs per week on the site and is deemed as living the “GigzLife.”


Additional Information and Terms

  • Registration on GetGigz.com is free.

  • Only registered users are able to post skills and/or post Gigz.

  • Users are able to Post a Gig with a $10 minimum price.

  • GigStars/Service Providers will pay a 20 percent fee to www.GetGigz.com after the Gig is completed and paid for by the customer through the site. Each completed Gig will improve SME/ Service Provider, GigStar with the ability to earn additional jobs and credibility with other customers.

  • Customers have the ability to Post a Gig and create specifications for SME/Service Providers and GigStars to view and provide a proposal and pricing.

  • Customers pay for 20 percent of the agreed price up front via theGetGigz PayPal payment module once a Gig is scheduled and GigStar offer is accepted by the customer. This is refundable if the SME/Service Provider, GigStar does not complete the Gig as agreed.

  • If the SME/Service Provider GigStar completes the job as agreed the Customer will pay the additional 80 percent via the site after completing the Gigz exit survey.

  • Gigz exit Survey will confirm that 1 - The job is completed (yes or no) 2 - Customer satisfaction level with stars and 3 - If the Customer would recommend the GigStar to family or friends.

  • Once the Gig exit survey is completed final payment will be processed. In addition, Customers will then be offered the option to post recommendation and messages on GigStars profile page.

  • If the customer is not satisfied the customer has the ability to submit a dispute. For additional information and to submit a dispute click here.

  • For fees and payments please read the purchasing section here.

  • SME/Service Providers and GigStars must fulfill their Gigz, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect SME/Service Provider/GigStars’ reputation and status.

  • SME/Service Providers and GigStars will receive account statuses, Stars based on their performance and reputation. Number of Stars provide with additional benefits including offering services at higher costs and gaining more freelance opportunities.

  • SME/Service Providers and GigStars are not authorized to offer oraccept payments or use any other method of payment outside of the site.

  • Customers are granted all rights for the delivered work, unless otherwise specified by the SME/Service Provider or GigStar on their profile page.

  • GetGigsInc. retains the right to use all published delivered works for GetGigsInc marketing and promotion purposes.

  • GetGigsInc cares about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.


GigStars/SME/Service Provider

  • SME/Service Providers and GigStars post their skills for the purpose to allow Customers to hire them for their services or in order to purchase their products.

  • SME/Service Providers and GigStars may also offer custom products and services to customers based on their skills.

  • After each Gig is completed, the SME/Service Provider and GigStar will receive 90 percent of the revenue. The funds will be available for withdrawal after the funds are cleared by the paying customer, and after GetGigz verifies that the Gig is completed. This happens approximately 48 hours after the Gig is completed.

  • GetGigz provides the revenue to the SME/Service Provider/GigStars once an order is completed and Customer completes exit survey, and payment is made in full by the customer. Please review the “Completed Gig” section for the definition of a completed Gig.

  • Revenues are only made available for withdrawal from the Earnings Page following a safety clearance period of 48 hours after the order is marked as completed by the customer.

  • SME’s and GigStars ratting is calculated based on the order reviews posted by Customers and information collected through the order exit survey.

  • For security concerns, GetGigz maintains the authority to disable a SME/Service Provider/GigStars ability to withdraw revenue to prevent illicit or criminal activity.

  • All users have the ability to report security issues, improper behavior or the association of multiple getgigsinc accounts established for the purposes of transferring funds with no corresponding services or purchases conducted.


Customers

  • Customers are not authorized to conduct payments to SME/Service Provider/GigStars registered on GetGigz for gigz/services that Customers have posted on GetGigz. No payments are to be conducted outside of the GetGigz payment system.

  • Get Gigs Inc., retains the right to use all published delivered works for GetGigz marketing and promotional purposes.

  • Customers request a specific service or products by using the the Post a Gig feature, or by communicating directly with GigStar.

  • Services requested on GetGigz must be an allowed service on GetGigz. Please click here for guidelines on approved services and Gigz that customers can post.

  • Customers are able to post Gigz based on their own criteria and category.

  • Customers can request a specific service which addresses specific buyer requirements, and receive an offer from SME/Service Providers/ GigStars through GetGigz.

  • Customers may pay for the services received or products received using the following pay methods: Credit Card or PayPal and may incur costs associated with the processing of the payment. See terms and conditions of your payment provider.

  • Once the offer is accepted, the Customer will agree to pay 20 percent of the agreed amount to GetGigz in order to schedule the service.

  • Once the Gig is completed the Customer will complete the exit survey and complete the transaction to include the remaining 80 percent of the costs.

  • The 10 percent GetGigz fee is billed to the SME/Service Provider/GigStar.

  • Do not offer SME/Service Providers/GigStars to pay, or make payment using any method other than through the GetGigz site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Suppor there.

  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from customers on GetGigz or transferring payments to SME/Service Provider/GigStars. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.


Disputes and Cancellations

We encourage our Customers and SME/Service Providers and GigStars customers to try and settle conflicts amongst themselves. The exit survey will provide an opportunity to handle conflicts and ensure that the Customers have received the product/services that they have paid for. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact GetGigz Customer Support department for assistance here.


User Conduct And Protection

GetGigz enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on GetGigz reflect the diversity of current demand on products and services.

GetGigz maintains a professional environment for individuals not only to conduct transactions, but to also collaborate, network and share ideas. This section relates to the expected conduct users should adhere to while interacting with each other on GetGigz.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.


Basics

  • To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of GetGigz in order to circumvent or abuse the GetGigz messaging system or GetGigz site is not permitted.

  • Any necessary exchange of personal information required to continue a service may be exchanged within accept an offer module.

  • GetGigz does not provide any guarantee of the level of service offered to customers. After completing the exit survey, and providing the SME/ Service Provider or GigStar with the opportunity to correct the dispute, you may use the dispute resolution tools provided to you in the completed Gigz page.

  • GetGigz does not provide protection for users who interact outside of the GetGigz platform.

  • All information and file exchanges must be performed exclusively on GetGigz platform.

  • Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

  • GetGigz is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

  • Users with the intention to defame competing SME/Service Providers or GigStars by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.

  • Users are to refrain from spamming or soliciting previous Customers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

  • GetGigz reviews cases of payment provider charge backs and disputes on behalf of customers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the SME/ Service Provider/Gigstar’s favor. If the chargeback case allows, GetGigs will return parts or full revenue back to SME/Service Provider/GigStars.

  • Customers/SMEs/Service Providers/GigStars may report Gigz to Customer Support that may be in violation of GetGigzTerms of Service.

  • GetGigz will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures.


Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.


Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing SME/Service Provider/GigStar statuses or becoming permanently disabled based on the severity of the violation.


Non-Permitted Usage

Adult Services & Pornography: GetGigz does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language: Communication on GetGigz should be friendly, constructive, and professional. GetGigz will not tolerate bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Privacy & Identity: Users may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the offer page. SME/Service Providers/Customers confirm that whatever information they receive from the Customer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the customer. Any users who engage and communicate off of getgigsinc.com will not be protected by our Terms of Service.

Phishing and Spam: GetGigz takes the matter its member's security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Intellectual Property Claims: Get Gigs Inc will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.

Fraud / Unlawful Use: You may not use Get Gigs Inc for any unlawful purposes or to conduct illegal activities in violation of governing laws in Users country, state or municipality.

Multiple Accounts: To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the GetGigz community will be disabled. Mass account creation may result in disabling of all related accounts.

Selling Accounts: You may not buy or sell GetGigz accounts.


General Terms

  • GetGigz reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.

  • Users with disabled accounts will not be able to sell or buy on GetGigz.

  • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

  • Users have the option to enable account Security features to protect their account from any unauthorized usage.

  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.

  • Customers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to GetGigz approval.

  • Disputes should be handled using GetGigz dispute resolution tools or by contacting GetGigz Customer Support.

  • GetGigz may make changes to its Terms of Service from time to time. When these changes are made, GetGigz will make a new copy of the terms of service available on this page.

  • You understand and agree that if you use GetGigz after the date on which the Terms of Service have changed, GetGigz will treat your use as acceptance of the updated Terms of Service.


User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by GetGigz. All content uploaded to GetGigz by our users is User Generated Content. GetGigz does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations.

We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled. Furthermore, GetGigz is not responsible for the content, quality or the level of service provided by the SME/Service Provider/GigStars. We provide no warranty with respect to the Gigz, their delivery, and any communications between customers and SME/Service Provider/GigStars. We encourage users to take advantage of our ratting system, our community and common sense in choosing appropriate offers.

By offering a service, the SME/Service Provider/GigStar undertakes that he/ she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on GetGigz. SME/Service Provider and GigStars advertising their skills online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the skills and may lead to the suspension of SME/Service Provider/GigStar's account.


Ownership

Ownership and limitations: Unless clearly stated otherwise on the SME/ Service Provider/GigStars Skills page/description, when the work is delivered, and subject to payment, the customer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the SME/Service Provider/GigStar who waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the SME/Service Provider/GigStar expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and SME/Service Provider/GigStar assigns all rights, title and interest in the delivered work.


Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GETGIGSINC NOR ANY PERSON ASSOCIATED WITH GETGIGSINC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


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Limitation on Liability

IN NO EVENT WILL GETGIGSINC ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGALTHEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANDROID OR iOS APPLICATION, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.