This agreement sets out the terms and conditions (‘Terms and Conditions’) applicable to members of the service operated by Gigfisher.
Applicants (referred to as ‘members’) must agree to the following Terms and Conditions.
In the event a member breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to Gigfisher, Gigfisher may terminate the participation of such member in the service.
By registering for Gigfisher Account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service, Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments.
CONSENT TO USE ELECTRONIC RECORDS
In connection with the Terms of Service, you may be entitled to receive certain records from Gigfisher or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.
YOUR CONSENT AND YOUR RIGHT TO WITHDRAW CONSENT
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Terms of Service that we or our Affiliates would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Text Message and other third-party messaging services using the address under which your account is registered.
Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Site and the Site Services, and you will no longer be permitted to use the Site or the Site Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
KEEPING YOUR PHONE NUMBER AND EMAIL ADDRESS CURRENT WITH US
In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support. In addition, so that we may communicate with you via SMS and other third-party messaging services, you agree to notify us immediately when you change your phone number.
HARDWARE AND SOFTWARE YOU WILL NEED TO USE THE SITE SERVICES FOR YOUR BUSINESS
To access and retain the records and notices we provide to you electronically, you will need:
(a) A valid email address.
(b) A computer system that operates on a platform like Windows or Mac.
(c) A connection to the Internet
(d) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site (Users utilizing other browsers may experience compatibility difficulties);
(e) A Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader;
(f) A computer or device and an operating system capable of supporting all of the above; and
(g) A printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form.
By “Current Version”, we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records and notices we send to you electronically.
By accepting and agreeing to this Agreement and the other Terms of Service electronically, you represent that
(x) You have read and understand the above consent to receive records and notices electronically;
(y) You satisfy the minimum hardware and software requirements specified above; and
(z) Your consent will remain in effect until you withdraw your consent as specified above.
Gigfisher shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service.
No copyright material can be posted on Gigfisher.net. This includes scripts/code etc. which are sold by the author. Only posting sections of these scripts, as examples, will be permitted. A “section” being no more than 10% of the script’s contents. This is meant to protect the author’s rights.
Gigfisher reserves the right to change the member Terms and Conditions at any time. It is the member’s responsibility to check these Terms and Conditions from time to time for such changes. In the event Gigfisher offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.
Members agree that all information contained on a website operated by Gigfisher, and all information compiled by Gigfisher through operation of the affiliate program, is the proprietary information of Gigfisher. Personal information provided by members to Gigfisher will be kept confidential and will not be distributed to any third party.
Members agree not to post their e-mail address on the site, except in the “e-mail” field of the signup form, or when asked by Gigfisher at any other time.
There should be no need to give anyone your e-mail address. It is automatically provided if you choose a bidder (or you are the bidder chosen for) a project, and before that time you can use the message board to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, Skype, Facebook, Twitter, WhatsApp, MSN Messenger, etc… See “Avoiding Commissions” below for the reason.
PROVIDING CONTACT INFORMATION
You are prohibited from making direct contact with another member, unless it’s for a project you (a bidder) have been picked for, or you (an employer) have picked a bidder for. This includes giving out your e-mail address, social media, phone number, or any other method of contact outside of this site. Gigfisher provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on “Featured” projects.
If a project has the “Featured” graphic on it, that means the webmaster has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board. Note that the Gigfisher system does not distinguish between featured and non-featured message board posts, so you will still get a warning when submitting an e-mail address, even if the project is featured.
If you share the contact information your account will be flagged for 3 months and you will have to get in touch with Gigfisher operations team for them to give you permissions to work on the platform again.
You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of Gigfisher) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a bidder being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying Gigfisher if the payment amount increases (above the bid amount) after the project is closed.
Freelancer will perform the Freelancer Services in a professional and workmanlike manner and will timely deliver any agreed upon Work Product. The manner and means of performing the Freelancer Services will be determined and controlled solely by Freelancer, which is engaged by Client as an independent contractor.
Bidders can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid.
This applies to Employers too. Employers cannot create projects that directly or indirectly require bidders to place hourly or other abnormal bids.
The only exception, for both Employers and bidders, is when the project is featured.
You are prohibited from advertising your website on Gigfisher. Any URL posted in a bid, project description, or the message board, must relate to a project on Gigfisher.
An example of a permissible URL: your profile/portfolio or résumé page.
THE ROLE OF GIGFISHER
Gigfisher functions as a venue to connect Employers and bidders in a virtual marketplace. As a neutral facilitator, Gigfisher is not directly involved in the actual transactions between users of the Site unless on request (view project guidelines). As a result, Gigfisher has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, Gigfisher cannot and does not confirm the identity of users. Gigfisher also does not confirm nor verify the qualifications, background, or abilities of users. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any member on the Site. You are encouraged to review our Project Guidelines before taking part in a project.
If you are unsatisfied with another member contact and report such member to Gigfisher. Gigfisher is not responsible for fraudulent payments made by users and cannot be held liable for financial loss incurred from fraudulent transactions. It is the receiver’s responsibility to verify the identity and background of the sender.
Upon Freelancer’s receipt of full payment from Client/Employer for delivery of Work Product, Freelancer hereby automatically grants to Client a non-exclusive, perpetual, fully-paid and royalty-free, irrevocable and worldwide right, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights in Product delivered for that payment. If payment is made only for partial delivery of Work Product, the grant described herein applies only to the portion of Work Product delivered.
Client/Employer grants Freelancer a limited, non-exclusive, revocable (at any time, at Client’s sole discretion) right to use the Client Materials as necessary solely for the performance of the Freelancer Services under the applicable Service Contract. Client/Employer reserves all other rights and interest, including, without limitation, all Intellectual Property Rights, in and to the Client Materials. Upon completion or termination of the Service Contract, or upon Client’s written request, Freelancer will immediately return all Client Materials to Client and further agrees to destroy all copies of Client Materials and Deliverables (except permitted by the Service Contract) contained in or on Freelancer’s premises, systems, or any other equipment or location otherwise under Freelancer’s control.
Within ten days of such request from Client/Employer, Freelancer agrees to provide written certification to Client that Freelancer has returned or destroyed all Client Materials and Work Product.
OWNERSHIP OF WORK PRODUCT AND INTELLECTUAL PROPERTY
Upon Freelancer’s receipt of full payment from Client/Employer, the Work Product, including without limitation all Intellectual Property Rights in the Work Product, will be the sole and exclusive property of Client, and Client/Employer will be deemed to be the author thereof. If Freelancer has any Intellectual Property Rights to the Work Product that are not owned by Client upon Freelancer’s receipt of payment from Client, Freelancer hereby automatically irrevocably assigns to Client all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Freelancer retains no rights to use, and will not challenge the validity of Client’s ownership in, such Intellectual Property Rights. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.
LICENSE TO OR WAIVER OF OTHER RIGHTS
If Freelancer has any right to the Work Product, including without limitation any Intellectual Property Right, that cannot be assigned to Client by Freelancer, Freelancer hereby automatically, upon Freelancer’s receipt of full payment from Client, unconditionally and irrevocably grants to Client during the term of such rights, an exclusive, even as to Freelancer, irrevocable, perpetual, worldwide, fully-paid and royalty-free license to such rights, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights. If Freelancer has any rights to such Work Product that cannot be assigned or licensed, Freelancer hereby automatically, upon Freelancer’s receipt of payment from Client, unconditionally and irrevocably waives the enforcement of such rights, and all claims and causes of action of any kind against Client or related to Client’s customers, with respect to such rights, and will, at Client’s request and expense, consent to and join in any action to enforce such rights. If payment is made only for partial delivery of Work Product, the grant described herein applies only to the portion of Work Product delivered.
Freelancer will assist Client in every way, including by signing any documents or instruments reasonably required, both during and after the term of the Service Contract, to obtain and enforce Intellectual Property Rights relating to Work Product in all countries. In the event Client is unable, after reasonable effort, to secure Freelancer’s signature on any document needed in connection with the foregoing, Freelancer hereby designates and appoints Client and it duly authorized officers and agents as its agent and attorney in fact to act on its behalf to further the purposes of this Section with the same legal force and effect as if executed by Freelancer.
Client/Employer is responsible and assumes all liability for determining whether Freelancers are independent contractors or employees and engaging them accordingly; Gigfisher disclaims any liability for such determination or the related Engagement. The Terms of Service do not create a partnership or agency relationship between Users.
Freelancer does not have authority to enter into written or oral (whether implied or express) contracts on behalf of Gigfisher. For Service Contracts classified as independent contractor relationships, Client may not require an exclusive relationship. A Freelancer classified as an independent contractor is free at all times to provide Freelancer Services to persons or businesses other than Client, including any competitor of Client.
We thank you for choosing the Gigfisher.net service and we look forward to a mutually successful business relationship.
Tel: +234 813 556 6743