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Gigslance’s Terms of Service

Last Update: December 2021

Welcome to Gigslance.com.

The following terms of service (these “Terms of Service”), govern your access to and use of the Gigslance website and mobile application, including any content, functionality and services offered on or through www.Gigslance.com or the Gigslance mobile application (the “Site”) by Gigslance Global Ltd. Gigslance International Ltd. and its subsidiaries are collectively referred hereto as “Gigslance” “we” or “us” and “you” or “user” means you as an user of the Site.

Please read the Terms of Service carefully before you start to use the Site. 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, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and Gigslance Payment Terms, found here (“Payment Terms”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found hereIf 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 at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the Gigslance services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. 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.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. Gigslance makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Clients are users who purchase services on Gigslance.

Custom Offers are exclusive proposals that a Freelancer can create in response to specific requirements of a Client.

Custom Orders are requests made by a Client to receive a Custom Offer from a Freelancer.

Gig Add-ons are additional services offered on top of the Freelancer’s Gig for an additional price defined by the Freelancer.

Freelancers price their service for a basic price of over $5.​

Gig Page is where the Freelancer can describe their Gig and the Gig’s terms, and the Client can purchase the Gig and create an order.

Gigs are services offered on Gigslance.

Order Page is where Clients and Freelancers communicate with each other in connection with an ordered Gig.

Orders are the formal agreements between a Client and Freelancer after a purchase was made from the Freelancer’s Gig Page.

Freelancers are users who offer and perform services through Gigs on Gigslance.

Overview (Main terms, in a nutshell)

  • Only registered users may buy and sell on Gigslance. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
  • Gigs on Gigslance may be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5 as determined by the Freelancer.
  • Clients pay Gigslance in advance to create an order (see Payment Terms).
  • Orders are purchased through the Order button found on a Freelancer’s Gig page or through a Custom Offer.
  • For fees and payments please read the Payment Terms
  • Freelancers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Freelancers’ reputation and status.
  • Freelancers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.
  • Users may not offer or accept payments using any method other than placing an order through Gigslance.com.
  • When purchasing a Gig, Clients are granted all rights for the delivered work, unless otherwise specified by the Freelancer on their Gig page.
  • Gigslance retains the right to use all published delivered works and Logo Designs for Gigslance marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here.
  • Users undertake to comply with Gigslance’s Community Standards, which are a set of behavior rules and guidelines, applicable to the Gigslance community and marketplace in addition to these Terms of Service, as updated from time to time.

Freelancers

Basics

    • Freelancers create Gigs on Gigslance to allow Clients to purchase their services.
    • Freelancers may also offer Custom Offers to Clients in addition to their Gigs.
    • Each Gig you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.
    • Gigslance accredits Freelancers once an order is completed. See our “Orders” section below for a definition of a completed order.
    • For more information about receiving payments, fees and taxes see the Payment Terms.
    • Freelancers may not promote their Gigs or any Gigslance content via the Google Ads platform.
    • The Freelancer’s rating is calculated based on the order reviews posted by Clients or Business Account Team Members. High ratings allow Freelancers to obtain advanced Freelancer levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Freelancer’s account.
    • For security concerns, Gigslance may temporarily disable a Freelancer’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Gigslance accounts to a single withdrawal provider.
    • Freelancers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.

Gigs

  • Gigs created on Gigslance are User Generated Content.
  • Gigs and/or users may be removed by Gigslance from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services
    • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy.
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Gigs
    • Spam, nonsense, or violent or deceptive Gigs
    • Gigs misleading to Clients or others
    • Reselling of regulated goods
    • Offering to prepare academic works on behalf of Clients
    • Exceedingly low quality Gigs
    • Promoting Gigslance and/or Gigslance Gigs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  • Gigs that are removed for violations mentioned above, may result in the suspension of the Freelancer’s account.
  • Gigs that are removed for violations are not eligible to be restored or edited.
  • Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
  • Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates Gigslance’s Terms of Service and/or our Community Standards, will be removed.
  • Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images are available to all Freelancers. Freelancers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Freelancer’s account losing Freelancer status or becoming permanently disabled.
  • Gigs may contain an approved Gig Video uploaded through the Gig management tools available on Gigslance.
  • Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
  • Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.
  • Certain categories are available only to Pro Freelancers to create Gigs. If you are not a Pro Freelancer, creating a Gig for services available to Pro only may result in removal of your Gig.

Gig Addons

  • Gig Extras are additional services offered on top of the Freelancer’s Gig for an additional price defined by the Freelancer.
  • Gig Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Gig Extras.
  • The amount of Gig Extras, which can be offered, and the price for each Gig Extra, is based on your Freelancer Level.
  • Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.
  • Gig Extras may cover different categories of services that are components to a higher quality delivered service.
  • Freelancers have the option to extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.

Levels

Gigslance is all about helping Freelancers leverage their skills. We seek to empower top performing Freelancers with helpful tools to grow their business. Freelancers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Gigslance may reward them with new statuses, special opportunities, benefits, and tools that come with it.

  • Gigslance Freelancers can gain account Levels based on their activity, performance and reputation.
  • Advancement in Levels are updated periodically by an automated system.
  • The current Levels a Freelancer can achieve are, Level 1, 2, and Top Rated.
  • Freelancers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Freelancer status and the benefits that come with it. For example, late deliveries, warnings to the Freelancer’s account and cancellations can cause a Freelancer to move to a different Level.
  • Advanced levels provide their owners with additional benefits, including offering Gigs for higher prices through Gig Extras, or selling their Gig in multiples.

Top Rated Freelancers

  • Top Rated Freelancers are chosen manually by Gigslance editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Freelancers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
  • Top Rated eligibility is constantly evaluated by Gigslance to ensure that the quality standards and expectations of the Top Rated selection is kept. Gigslance retains the right to change a Top Rated Freelancer status in light of such evaluation. In addition, Top Rated Freelancers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.

Pro Freelancers

  • Pro Freelancers are pre-verified professionals who undergo a vetting process by Gigslance editors. Applying for Gigslance Pro is open to everyone: professional freelancers who are new to Gigslance, as well as existing Gigslance Freelancers.
  • Pro Freelancers eligibility is constantly evaluated by Gigslance to ensure that the quality standards and expectations of the Pro Freelancer selection is kept. Gigslance retains the right to change a Pro Freelancer status in light of such evaluation. In addition, Pro Freelancers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.

Gigslance Business Catalog

Gigslance Business is a freelance platform tailor-made for larger teams and businesses. Freelancers on the Gigslance Business catalog are required to comply with certain professional standards. Eligible Freelancers whose Gigs are included in the Gigslance Business catalog will be regularly evaluated by Gigslance to ensure their high-quality professionalism is kept. Gigslance reserves the right to remove Freelancers and Gigs from the Gigslance Business catalog.

Freelancer Features

Gigslance Freelancers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

  • Freelancers can also send Custom Offers addressing specific requirements of a Client.
  • Custom Offers are defined by the Freelancer with the exact description of the service, the price and the time expected to deliver the service.
  • Custom Offers are sent from the conversation page.
  • Services provided through Custom Offers may not violate Gigslance’s Terms of Service and/or our Community Standards.

Project Milestones

  • Gig and Custom Offers above $100 may include up to six project milestones, the minimum amount for each milestone is $50 and the project should include at least two milestones. Each milestone is paid and delivered separately in accordance with each Gig or Custom Offer’s description and timelines.
  • Once a milestone is delivered and marked as completed, Clients may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Client does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered, however, in such case all further milestones will not start.

Gig Subscription

  • Freelancers may offer Clients a fixed term subscription for a specific Gig (the “Gig Subscription”). During the Gig Subscription term, Freelancer will deliver one Order of the same Gig on a recurring basis, as agreed between the Freelancer and Client.
  • Clients may cancel future Orders under the Gig Subscription before payment is made for such future Orders. In such case, the Orders under the Gig Subscription will be cancelled, as applicable. Once payment is made, Gigslance’s Order Cancelation policy under the Payments Terms will apply.
  • Freelancers may cancel the Gig Subscription up to 10 days before the next consecutive Order. Otherwise, Gigslance’s Order Cancelation policy under the Payments Terms will apply.

Shipping Physical Deliverables

Some of the services on Gigslance are delivered physically (arts and crafts, collectable items, etc.). For these types of Gigs, Freelancers may decide to define a shipping pricing factor.

  • Gigs that include a shipping pricing factor must have physical deliverables sent to Clients.
  • Shipping costs added to a Gig only pertains to the cost Freelancers require to ship physical items to Clients.
  • Important: Clients who purchase Gigs that require physical delivery, will be asked to provide a shipping address.
  • Freelancers are responsible for all shipping arrangements once the Client provides the shipping address.
  • Gigslance does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
  • A tracking number is a great way to avoid disputes related to shipping. We require entering the tracking number if available in the Order Page when delivering your work.

Clients

Basics

  • You may not offer direct payments to Freelancers using payment systems outside of the Gigslance platform.
  • Gigslance retains the right to use all publicly published delivered works for Gigslance marketing and promotional purposes.
  • Clients may request a specific service from the Post a Request feature. Services requested on Gigslance must be an allowed service on Gigslance. Users should refrain from using the Post a Request feature for any purpose other than looking for services on Gigslance.

Purchasing

  • Please refer to the Payment Terms for making Payments through the Gigslance platform and to learn about fees and taxes.
  • In addition, Clients can request a Custom Order which addresses specific Client requirements, and receive a Custom Offer from Freelancers through the site or through Gigslance Anywhere.
  • You may not offer Freelancers to pay, or make payment using any method other than through the Gigslance.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support.

ORDERS

Basics

  • Once payment is confirmed, your order will be created and given a unique Gigslance order number (#FO).
  • Freelancers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Gig.
  • The Deliver Work button may not be abused by Freelancers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Freelancer’s rating and result in a warning to Freelancer.
  • An Order is marked as Complete after it is marked as Delivered and then accepted by a Client. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
  • We encourage our Clients and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Gigslance’s Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
  • Orders through the Logo Maker are completed once payment is made by the Client.
  • A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Freelancer and then accepted by the Client. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start. Once a milestone is delivered and accepted, Clients may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Client does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. Please note that if you choose to stop the future milestones, the current ordered milestone will not be cancelled.
  • Clients may purchase a Gig Subscription, if available on the Freelancer’s Gig page. During the Gig Subscription term, a new Order of the same Gig will be automatically created on a recurring basis, as agreed between the Freelancer and Client. By purchasing a Gig Subscription, you authorize us to automatically charge you for each Order under the Gig Subscription from your Gigslance Balance or saved payment method, as applicable. If you do not have any Gigslance Balance or a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by Client, for any other reason, the Orders under the Gig Subscription will be cancelled. Client may also cancel future Orders under the Gig Subscription before payment is made for such future Orders. Once payment is made, Gigslance’s Order Cancelation policy under the Payments Terms will apply. Please note that Freelancers can cancel future Orders under the Gig Subscription 10 days prior to the next consecutive Order.
  • Certain Gigs that offer local services might require Clients and Freelancers to meet in person in order for the Freelancer to perform the service. In such cases, users should note that Gigslance does not guarantee the behavior, conduct, safety, suitability or ability of either Clients or Freelancers. Both Clients and Freelancers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Gigslance has no responsibility or liability related to any local services provided by the Freelancers. In the event that the service is performed on the Clients’ premises, Clients are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Gigslance’s Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).

 

Handling Orders

  • When a Client orders a Gig, the Freelancer is notified by email as well as notifications on the site while logged into the account.
  • Freelancers are required to meet the delivery time they specified when creating their Gigs. Failing to do so will allow the Client to cancel the Order when an Order is marked as late and may harm the Freelancer’s status.
  • Freelancers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
  • Users are responsible for scanning all transferred files for viruses and malware. Gigslance will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  • Clients may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Freelancer’s description on their Gig page or they do not match the requirements sent to the Freelancer at the beginning of the order process.

Reviews

  • Feedback reviews provided by Clients while completing an Order are an essential part of Gigslance’s rating system. Reviews demonstrate the Client’s overall experience with the Freelancers and their service. Clients are encouraged to communicate to the Freelancer any concerns experienced during their active order in regards to the service provided by the Freelancer.
  • Leaving a Client’s feedback is a basic prerogative of a Client. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Gigslance platform from users within our Community. Purchases arranged, determined to artificially enhance Freelancer ratings, or to abuse the Gigslance platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by Clients are publicly displayed on a Freelancer’s Gig page.
  • Work Samples are the delivered images and videos sent to a Client in a delivery message. Work Samples are added to a Freelancer’s Live Portfolio on their Gig page if the Client chooses to publish the Work Sample while providing a public feedback review.
  • Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
  • Responding and posting a review: Once work is delivered, the Client has three days to respond. If no response is provided within the response period, the Order will be considered completed.
  • Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
  • Freelancers may not solicit the removal of feedback reviews from their Clients through mutual cancellations.
  • Once the Client submits his/her review, the Freelancer will receive a notification and will also have the opportunity to leave a review about working with the Client. Please Note: At this stage, Freelancers cannot see the Client’s review.
  • Once both Freelancer and Client have completed their reviews, or the 10 days have passed, all posted reviews are made public.
  • Responding to a review: Once both reviews from the Client and Freelancer have been published, the Freelancer can reply to the Client’s review from the Order page, seen on the Freelancer’s Gig page, beneath the Client’s feedback.
  • Feedback reviews are unavailable for orders made through the Logo Maker.

Disputes and Cancellations

We encourage our Clients and Freelancers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Gigslance’s Customer Support department for assistance. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.

Logo Design Commercial use license

When an order through the Logo Maker is completed, and subject to payment, the Freelancer grants the Client a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design embedded with the Client’s brand name for any purpose, except for any illegal, immoral or defamatory purpose. There is no warranty, express or implied, with the grant of this license, including with respect to fitness for a particular purpose. Neither the Freelancer nor Gigslance will be liable for any claims, or incidental, consequential or other damages arising out of this license, the Logo Design or the Clients use of the Logo Design.

User Conduct and Protection

Gigslance enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Gigslance reflect the diversity of an expanding Gig economy. Members of the Gigslance community communicate and engage through orders, social media, and on Gigslance’s Community Forums.

Gigslance maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Gigslance. This section relates to the expected conduct users should adhere to while interacting with each other on Gigslance.

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

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 Gigslance in order to circumvent or abuse the Gigslance messaging system or Gigslance platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
  • Gigslance does not provide any guarantee of the level of service offered to Clients. You may use the dispute resolution tools provided to you in the Order Page.
  • Gigslance does not provide protection for users who interact outside of the Gigslance platform.
  • All information and file exchanges must be performed exclusively on Gigslance’s platform.
  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • Gigslance is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
  • Users may not submit proposals or solicit parties introduced through Gigslance to contract, engage with, or pay outside of Gigslance.

Orders

  • Users with the intention to defame competing Freelancers 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 Clients or Freelancers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Gigs

  • Users may report Gigs to Customer Support that may be in violation of Gigslance’s Terms of Service based on the reported Gig’s replicated similarity to pre-existing services (copycat Gigs).
  • Freelancers warrant that any content included in their Gigs shall be original work conceived by the Freelancers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Gigs, Freelancers represent and warrant that they hold a valid license to use such music and/or footage and to include them in the Gigs.
  • Gigslance will respond to clear and complete notices of alleged copyright or trademark infringement.

Reporting Violations

If you come across any content that may violate our Terms of Service and/or our Community Standards, 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 and/or our Community Standards 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 Freelancer statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

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

Inappropriate Behavior & Language – Communication on Gigslance should be friendly, constructive, and professional. Gigslance condemns 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.

Phishing and Spam – Members’ security is a top priority. 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 with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.

Privacy & Identity – You 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 Order Page. Freelancers further confirm that whatever information they receive from the Client, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Client. Any users who engage and communicate off of Gigslance will not be protected by our Terms of Service.

Authentic Gigslance Profile – You may not create a false identity on Gigslance, misrepresent your identity, create a Gigslance profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Gigslance reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – Gigslance 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 Gigslance for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active Gigslance account and one active Gigslance Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Gigslance community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Gigslance’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Gigslance. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Gigslance accounts.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Gigslance and protected by copyright, trademark, and other intellectual property laws. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Gigslance owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

Feedback Rights

To the extent that you provide Gigslance with any comments, suggestions or other feedback regarding the Gigslance platform or the Site as a whole, as well as other Gigslance products or services (collective, the “Feedback”), you will be deemed to have granted Gigslance an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Gigslance is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Freelancers should recognize that there might be a need for Clients to disclose certain confidential information to be used by Freelancers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Freelancers agree to treat any information received from Clients as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Freelancers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Client’s permission.

General Terms

  • Gigslance reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
  • Violation of Gigslance’s Terms of Service and/or our Community Standards may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Gigslance.
  • Users who have violated our Terms of Service and/or our Community Standards 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.
  • Disputes should be handled using Gigslance’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Gigslance Customer Support.
  • Gigslance may make changes to its Terms of Service from time to time. When these changes are made, Gigslance will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Gigslance after the date on which the Terms of Service have changed, Gigslance 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 the Site. All content uploaded to Gigslance by our users (Clients and Freelancers) is User Generated Content. Gigslance does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Gigslance platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Gigslance is not responsible for the content, quality or the level of service provided by the Freelancers (even if they are Pro Freelancers, Top Rated Freelancers, offer Promoted Gigs or otherwise). We provide no warranty with respect to the Gigs, their delivery, any communications between Clients and Freelancers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.

By offering a service, the Freelancer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Gigslance. Freelancers advertising online their Gig or Logo Design created through the Logo Maker 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 Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Freelancer’s account.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

Ownership

Ownership and limitations: When purchasing a Gig on Gigslance, unless clearly stated otherwise on the Freelancer’s Gig page/description, when the work is delivered, and subject to payment, the Client is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Freelancer, and the Freelancer waives any and all moral rights therein. Accordingly, the Freelancer expressly assigns to the Client the copyright in the delivered work. All transfer and assignment of intellectual property to the Client 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 and its copyright shall be the exclusive property of the Client and, upon delivery, the Freelancer agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Client. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.

For Voice Over Gigs, when the work is delivered, and subject to payment, the Client is purchasing basic rights, (which means the Client is paying a one time fee allowing them to use the work forever and for any purpose.

Furthermore, users (both Clients and Freelancers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Gigslance, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Gigslance for no consideration for marketing and/or other purposes.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Gigslance NOR ANY PERSON ASSOCIATED WITH Gigslance MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

IN NO EVENT WILL Gigslance, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE 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.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Gigslance, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.