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GigsBoard Terms of Service - India instance

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Terms and Conditions – GigsBoard India

Last updated: November 20, 2024

Please read these terms and conditions carefully before using Our Service.

 

Interpretations and Definitions

 

Interpretations

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms and Conditions:

Account refers to a User Signup completed on GigsBoard, and may be any of the accepted User types, and also may be a single-User account with a single User Profile, or a multi-User account with multiple User Profiles.

Application means the software program provided by the Company downloaded by You on any electronic device, named GigsBoard.

Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Account means a unique account created for You to access our Service or parts of our Service.

Country refers to: Kerala, India.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to FreelanceTeams Private Limited, No. 4/461, 2nd Floor, Suite # 1525, Valamkottil Towers, Judgemukku, Kakkanad, Kochi 682021, India.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Earnings means any income directly generated via GigsBoard by Service Providers on the platform.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

Free Trial refers to a limited period of time that may be free when purchasing a Subscription.

KYC Data refers to uniquely identifying data/ documentation that is issued by a legal or otherwise authorized authority within a country or state, etc, and shall serve to uniquely identify an individual or a business entity.

Promotions refer to contests, sweepstakes or other promotions offered through the Service.

Service refers to the Application or the Website or both.

Service Providers refers to all GigsBoard Users who provide their service offerings to their Customers via GigsBoard, and includes Freelancers, Independent Project Managers/ Team Leads, and Agencies.

Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to GigsBoard, accessible from https://gigsboard.com.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

What is GigsBoard

GigsBoard is a Technology application that provides:

  • A Platform for Businesses to publish their work to be performed in a structured manner;
  • A Marketplace for Businesses to search for and engage via contracts independent Freelancers and Agencies (or Service Provider companies) on their published work, for mutually agreed remuneration;
  • A Project Management mechanism for the Service Providers to perform the requested work on behalf of their contracted Businesses & deliver services or outcomes to the Businesses on a mutually agreed schedule basis;
  • A Financial management (Invoicing, Payments and Reconciliation) mechanism to plan & track all contract payments;
  • A Performance Management mechanism that collects & analyzes User/ Project performance data automatically or manually, and then uses the findings generated to improve User/ Project performance; and
  • A Dispute Management mechanism that works to improve the handling of potential disagreements and disputes encountered by GigsBoard Users from time to time.

 

Platform Users’ relationship with GigsBoard

GigsBoard merely makes the Service available to enable Service Providers and Customers to find and transact directly with each other. GigsBoard does not introduce Service Providers to Customers, find Projects for Service Providers, or find Service Providers for Customers. Through the Site, Service Providers may be notified of Customers that may be seeking the services they offer, and Customers may be notified of Service Providers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project, Customer or Service Provider on their own.

If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and GigsBoard is not a party to that Service Contract.

You acknowledge, agree, and understand that GigsBoard is not a party to the relationship or any dealings between Customer and Service Provider. Without limitation, Users are solely responsible for:

(a) ensuring the accuracy, ownership, and legality of any User Content,

(b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions),

(c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts,

(d) performing Service Provider Services, or

(e) paying for Service Contracts or Service Provider Services.

You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including Composite Information (defined below). GigsBoard does not make any representations about or guarantee the truth or accuracy of any Service Provider’s or Customer’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Service Providers or Customers; and may not vet or otherwise perform background checks on Service Providers or Customers.

You acknowledge, agree, and understand that GigsBoard does not, in any way, supervise, direct, control, or evaluate Service Providers or their work and is not responsible for any Project, Project terms or Work Product. GigsBoard makes no representations about and does not guarantee, and you agree not to hold GigsBoard responsible for, the quality, safety, or legality of Service Provider Services; the qualifications, background, or identities of Users; the ability of Service Providers to deliver Service Provider Services; the ability of Customers to pay for Service Provider Services; User Content, statements or posts made by Users; or the ability or willingness of a Customer or Service Provider to actually complete a transaction.

You also acknowledge, agree, and understand that Service Providers are solely responsible for determining, and have the sole right to determine, which Projects to accept; the time, place, manner, and means of providing any Service Provider Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set.

You further acknowledge, agree, and understand that:

(i) you are not an employee of GigsBoard or the Company, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance);

(ii) GigsBoard will not have any liability or obligations under or related to Service Contracts and/or Service Provider Services for any acts or omissions by you or other Users;

(iii) GigsBoard does not, in any way, supervise, direct, or control any Service Provider or Service Provider Services; does not impose quality standards or a deadline for completion of any Service Provider Services; and does not dictate the performance, methods or process Service Provider uses to perform services;

(iv) Service Provider(s) are free to determine when and if to perform Service Provider Services, including the days worked and time periods of work, and GigsBoard does not set or have any control over Service Provider’s pricing, work hours, work schedules, or work location, nor is GigsBoard involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to Service Provider for a Project;

(v) Service Provider(s) will be paid at such times and amounts as agreed with a Customer in a given Service Contract, and GigsBoard does not, in any way, provide or guarantee Service Provider a regular salary or any minimum, regular payment;

(vi) GigsBoard does not provide Service Providers with training or any equipment, labor, tools, or materials related to any Service Contract; and

(vii) GigsBoard does not provide the premises at which Service Providers will perform the work. Service Providers are free to use subcontractors or employees to perform Service Provider Services and may delegate work on fixed-price contracts or by agreeing with their Customers to have hourly contracts for Service Provider’s subcontractor(s) or employee(s).

If a Service Provider uses subcontractors or employees, Service Provider further agrees and acknowledges that this paragraph applies to GigsBoard’s relationship, if any, with Service Provider’s subcontractors and employees as well and Service Provider is solely responsible for Service Provider’s subcontractors and employees.

Without limiting the foregoing paragraph, if you are an Agency Owner/ Partner or Agency Member, you expressly acknowledge, agree, and understand that:

(s) the Agency is solely responsible for paying its Agency Members for work performed on behalf of the Agency and that such payments will not be made through the Site;

(t) GigsBoard is not a party to any agreement between the Agency and its Agency Members and does not have any liability or obligations under or related to any such agreement, even if the Agency or Agency Member defaults;

(u) neither Agencies nor Agency Members are employees or agents of GigsBoard, and GigsBoard does not, in any way, supervise, direct, or control the Agency or Agency Member or services performed by the Agency or Agency Member;

(v) GigsBoard does not, in any way, supervise, direct, or control the Agency or Agency Members;

(w) GigsBoard does not set Agencies’ or Agency Members’ contract terms amongst themselves or with Customers (including determining whether the contract will be hourly or fixed price), fees, pricing, work hours, work schedules, or location of work;

(x) GigsBoard does not provide Agencies or Agency Members with training or any equipment, labor, tools, or materials needed for any Service Contract;

(y) GigsBoard does not provide the premises at which the Agency or Agency Members will perform the work; and

(z) GigsBoard makes no representations as to the reliability, capability, or qualifications of any Agency or Agency Member or the ability or willingness of any Agency to make payments to or fulfil any other obligations to Agency Members, and GigsBoard disclaims any and all liability relating thereto.

Nothing in this Agreement is intended to prohibit or discourage (nor should be construed as prohibiting or discouraging) any User from engaging in any other business activities or providing any services through any other channels they choose. Users are free at all times to engage in such other business activities and services and are encouraged to do so.

 

User Categories on GigsBoard

GigsBoard operates primarily as a Marketplace where Demand-side Users (Businesses) can engage Supply-side Users (Agencies or Freelancers) on their projects.

By using this Application, you certify that you are signing up for the correct User Category that matches your background, context, & need.

 

Demand side

Business

Demand-side Users on GigsBoard may include legally incorporated Business entities, or yet-to-be legally incorporated groups that intend to build a product and form a legal entity around that product, and then operate as a business.

 

Supply side/ Service Providers

Supply-side Users on GigsBoard may include the following User types.

Agency

A legally incorporated entity, or a yet-to-be legally incorporated group of technology resources, which offers a portfolio of technology or industry services on consulting/ contracted basis for appropriate remuneration.

Freelancer

An independent technology professional who offers his/her services to Customers on the GigsBoard platform, and work for these Customers on a contracted basis for appropriate remuneration.

Independent Team Lead/ Project Manager

An independent Team Lead or Project Manager who offers his/her services to Customers on the GigsBoard platform, and work for these Customers on a contracted basis for appropriate remuneration.

 

User Accounts & Profiles on GigsBoard

Access to the GigsBoard platform shall be managed via signing up to the platform using your Email address, and by means of the creation of your User Account and User Profile(s).

 

Subscriptions

All User categories on GigsBoard can sign up on GigsBoard on a Freemium plan, with free subscription. At this time, most GigsBoard Service offerings shall be available for use by the User, but certain other features shall not be accessible to the User.

Later, they can upgrade to a Paid plan when they reach certain levels of operations, and then enjoy access to additional features.

By continuing to use this Application, you certify that you agree to the following rules & guidelines about Subscriptions on the Application.

 

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

 

Lifetime Earning Threshold

If you are a Service Provider, then you may sign up for a Freemium plan on GigsBoard, and use the GigsBoard application for free and generate earnings from the platform. In this scenario, you may continue to generate earnings from the platform until your aggregate earnings exceeds the Lifetime Earning threshold as defined for the User category. After your aggregate earnings exceed the Lifetime Earning threshold for the User category, you will be requested to upgrade to the appropriate Paid plan for that User category and Team size.

 

Lifetime Spending Threshold

If you are a Business Customer, then you may sign up for a Freemium plan on GigsBoard, and use the GigsBoard application for free and execute your projects via the platform. In this scenario, you may continue to execute projects via the platform until your aggregate contract spending exceeds the Lifetime Spending threshold as defined for your User category. After your aggregate spending exceed the Lifetime Spending threshold for your User category, you will be requested to upgrade to the appropriate Paid plan for your User category and Team size.

 

Subscription Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

 

Subscription Fees & Fee changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

 

Subscription Cancellation

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

 

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

 

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter Your billing information in order to sign up for the Free Trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless You cancelled Your Subscription, You will be automatically charged the applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

 

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Organization or Account

An “Organization” or “Account” is the highest level of User setup entity inside GigsBoard. A User may be a Single-User Account, such as a Freelancer; or a Multi-user Account, such as an Agency or a Business firm.

When a User creates a single-User Account, the corresponding User Profile may be created at the same time.

When a User creates a multi-User Account, only the Administrative User’s User Profile is created inside GigsBoard. The Administrator (called a SPOC on GigsBoard) shall then invite all other Users under that Organization, using their respective Email addresses.

 

Account Permissions

You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. By granting other Users permissions under your Account, including as a Team Member or Agency Member, you represent and warrant that (a) the User is authorized to act on your behalf, (b) you are financially responsible for the User’s actions taken in accordance with those permissions, including, if applicable, entering into binding contracts on behalf of the owner of the Account, and (c) you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account, including making payments and entering into Service Contracts and the Terms of Service. If any such User violates the Terms of Service, it may affect your ability to use the Site. Upon closure of an Account, the Company may close any or all related Accounts.

 

Identity and Location Verification

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on GigsBoard. You authorize the Company, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business.

 

User Profiles

Each individual person on GigsBoard shall be identified using a User Profile.

Every User on GigsBoard shall have at least 1 Account and 1 User Profile identifying that User.

Every User on GigsBoard shall be requested to provide certain information to GigsBoard, so as to legally identify that person on the GigsBoard system. The purpose of this action is to ensure that everyone on GigsBoard is trackable, since the purpose of GigsBoard is to enable a highly trustworthy environment for online work execution.

 

Know Your Customer

Every User on GigsBoard shall be mandated to provide certain key information about themselves and their Business entities, if applicable. These may include:

  1. Personal information, such as: Name, Email address, Phone number, Physical address, etc.
  2. Business information, such as: Business Name, Business Email, Business Phone, Physical address of the Business, etc.
  3. Bank information, such as: Bank name, Bank Branch, Bank Account number, Routing number/ details, etc.

Users on GigsBoard shall also be requested to submit legally acceptable (in their residing country) documents that support the above-submitted information, as needed.

 

Skills & Certifications

Service Providers on GigsBoard (Agencies, Freelancers, and Independent Team Leads/ Project Managers) shall be requested to submit information relating to the Industry skills and Technical skills that they possess. They shall also be requested to submit details of any Industry and/or Technology certifications that they possess that are currently valid.

The purpose of this data collection is to ensure that the best-suited Service providers are recommended to Business Customers when they search for resources for their Jobs.

 

Work History

Service Providers on GigsBoard (Agencies, Freelancers, and Independent Team Leads/ Project Managers) shall be requested to submit information relating to the referenceable Business Customer Projects that they have worked on in the past. They shall be requested to submit all relevant details about the projects, such as: Industry domain, Work domain, Technology stack, Size of project, Team size, etc.

The purpose of this data collection is to ensure that the best-suited Service providers are recommended to Business Customers when they search for resources for their Jobs.

 

Self-certifications

Every User on GigsBoard is mandated to self-certify on certain declarations, prior to being allowed to use GigsBoard.

All Users on GigsBoard are expected to self-certify that they are of legal age to work in their country of residence.

All Users on GigsBoard are also expected to self-certify that GigsBoard is not engaged as an Agent on behalf of the Application, the Service, or the Company.

All Service Provider Users on GigsBoard are expected to self-certify that they are engaging on Projects via GigsBoard on a Work-for-Hire basis with no Employment relationship implied, either full-time or part-time.

 

360-degree Assessments

Throughout Jobs & Contracts execution, GigsBoard will generate and store automated performance assessment data from the various transactions performed on the Application. These data points may include:

  • Delivery measurements relating to scope coverage, timeliness, and quality of the components or services delivered by Service Providers;
  • Financial measurements relating to timeliness & completeness of payments made by Business Customers against the invoices generated;
  • Engagement measurements relating to speed of turnaround of follow-up transactions in response to other initiating transactions; etc.

Throughout Jobs & Contracts execution, GigsBoard will also collect certain performance assessment data manually from the Users who are parties on the specific Jobs & Contracts. These data points may include:

  • Job preparation data;
  • Contract Execution planning data;
  • Contract Execution Management & Governance data; etc.

These datasets shall be analysed by the Application, stored internally. Later on, the analysed data shall be leveraged by the Application, to support actions such as:

  • Recommending the highest-performing Service Providers available in the Application Database, possibly filtered on the basis of Job Industry, Work domain, Skills used, Work complexity, Performance findings, and Timezone.
  • Recommending the best-suited Service Providers for a specific Job, given the context of the Job Industry, Work domain, Skills used, Work complexity, Performance findings, and Timezone.
  • Sorting the Job Proposals received in response to a given Job, based on matching of Job Industry, Work domain, Skills used, Work complexity, Performance findings, and Timezone.

By continuing to use this Application, you certify that you agree to the above rules & guidelines about Performance assessments data collection and storage.

 

Business Lead generation

Service Provider Users on GigsBoard can express their interest to participate in Business Leads generation, and thus enjoy an additional source of income from such Leads that are converted to Contracts on GigsBoard.

 

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

GDPR Article 17 – Right to be forgotten/ Right to erasure

https://gdpr-info.eu/art-17-gdpr/

GigsBoard shall delete all personal data from the system on request from Users exercising the Right to erasure under GDPR Article 17. However, certain notable exceptions shall apply, as noted below.

GigsBoard shall retain KYC data and User Performance data associated with all Users on GigsBoard, until such time that this data becomes irrelevant. The User Performance data shall be used to identify & recommend the best-suited Service Providers for their Customers, and also identify & recommend the most reliable Customers for the Service Providers.

If this Performance data is deleted from the GigsBoard system, then other Users may not be able to avoid potential situations where they end up entering into contracts with less-than-professional or less-skilled Users, by virtue of having deleted previous performance data. Hence, Email addresses, KYC data, and User Performance data shall continue to be retained on GigsBoard even while deleting all other data related to any User, on that User submitting a request for exercising his/her right to erasure under GDPR Article 17.

By continuing to use this Application, you certify that you agree to the above rules & guidelines about GDPR Article 17.

 

Work Types on GigsBoard

GigsBoard supports the execution of a variety of Job sizes.

 

Small Job

A “Small Job” on GigsBoard is characterized by duration measure of “Days”, indicating the overall shorter duration of the Job.

Typically, a “Small Job” would also be characterized by a lesser effort spent on Job Execution planning.

A “Small Job” on this Application shall also be characterized by the allocation of just a single Service Provider to that Job.

 

Large Job

A “Large Job” on GigsBoard is characterized by duration measure of “Weeks”, indicating the overall longer duration of the Job.

Typically, a “Large Job” would also be characterized by a significant effort & time spent on Job Execution planning.

Further, a “Large Job” on this Application shall also be typically characterized by the allocation of a team of Service Providers to execute the Job.

 

Workflow on GigsBoard

The GigsBoard workflow can be majorly decomposed as follows:

  • Job: Where the Customer team publishes their statement of need on GigsBoard via a structured Job, receives Proposals from competing Service Providers, and then awards the Job to one Service Provider;
  • Contract: Where the Job execution is planned and performed by an external team on Contract basis;
  • Project: Where the Job execution is planned and executed by an internal team, on a pseudo-contract basis.

 

Jobs on GigsBoard

 

Job Engagement Models on GigsBoard

Businesses can engage their on-demand teams in multiple ways on GigsBoard.

 

Outsourced Work model

The Outsourced Work model handles the engagement of a virtual team on a relatively job. Given the large Job, the duration of the Job shall typically be measured in “Weeks”; Further, given the relatively longer duration, the overall Job shall be broken down in a structured manner into components or tasks and prioritized, and then sets of tasks shall be collated into “Execution Cycles”.

The set of activities that include Tasks definition, prioritization, and grouping into “Execution Cycles” is called “Execution Planning”, and this activity shall be performed in a phase of the Job called “Execution Planning cycle”.

Thus, a large Job on GigsBoard shall typically be executed via a single “Execution Planning cycle” followed by several “Execution Cycles”.

Outsourced Work model Jobs shall be executed by a virtual team comprised of several members from a single Agency.

The following phases of execution are optional for an Outsourced Work Job:

  • Training cycle: Where the Execution team is tasked with training the Customer team on the Product or Service being developed/ delivered.
  • Warranty Support cycle: Where the Customer team can operate the fully developed/ delivered Product or Service, and the Execution team shall provide support to the Customer team. In case any issues or defects are encountered, then the Customer team can raise these as tickets on GigsBoard, and the Execution team shall be responsible to analyse, resolve, and deploy fixes for the issue or defect within certain mutually-agreed timeframes, depending on the severity and impact of the issue or defect identified.

 

Crowdsourced Work model

The Crowdsourced Work model shall operate on a very similar manner as the Outsourced Work model, with the following exception:

Crowdsourced Work model Jobs shall be executed by a virtual team comprised of several Freelancers, and led by an Independent Team Lead/ Project Manager.

 

Freelanced Work model

The Freelanced Work model handles the engagement of a single Freelancer on a small job. Given the small Job, the duration of the Job shall typically be measured in “Days”; Further, given the short duration, there would be no separate “Execution Planning cycle”.

The following phases of execution are optional for a Freelanced Work Job:

  • Training cycle: Where the Execution team member is tasked with training the Customer team on the Product or Service being developed/ delivered.
  • Warranty Support cycle: Where the Customer team can operate the fully developed/ delivered Product or Service, and the Execution team member shall provide support to the Customer team. In case any issues or defects are encountered, then the Customer team can raise these as tickets on GigsBoard, and the Execution team member shall be responsible to analyse, resolve, and deploy fixes for the issue or defect within certain mutually-agreed timeframes, depending on the severity and impact of the issue or defect identified.

 

In-house Work model

The In-house Work model handles the execution of a Job using the Customers’ own resources, and leveraging only the Project Planning and Management functions of GigsBoard to establish and maintain team alignment & work control throughout project execution.  In this scenario, the Customer team that initiates the request for Service shall be called the “Requesting Customer team”, and the Customer team that is allocated to perform the work shall be called the “Executing Customer team”.

The following phases of execution are optional for an In-house Work Job:

  • Training cycle: Where the “Executing Customer team” is tasked with training the “Requesting Customer team” on the Product or Service being developed/ delivered.
  • Warranty Support cycle: Where the “Requesting Customer team” can operate the fully developed/ delivered Product or Service, and the “Executing Customer team” shall provide support to the “Requesting Customer team”. In case any issues or defects are encountered, then the “Requesting Customer team” can raise these as tickets on GigsBoard, and the “Executing Customer team” shall be responsible to analyse, resolve, and deploy fixes for the issue or defect within certain mutually-agreed timeframes, depending on the severity and impact of the issue or defect identified.

 

Job types

Teams can be engaged by the Customer using one of the two following approaches:

 

Open Bidding Job

The Customer publishes the Job in the public domain, and all Service Providers on GigsBoard shall be able to view the Job and submit their bid to the Customer.

This implies that an Open Job shall be visible to all Service Providers on the “Jobs Search” screen.

 

Invite-only Job

The Customer publishes the Job and invites one or more selected Service Providers to the Job. Only these Service Providers shall be able to view the Job and submit their bid to the Customer.

This implies that an Invite-only Job shall be visible to only the invited Service Providers on the “Jobs Search” screen.

 

Structured Job

Jobs on GigsBoard shall be defined in a structured manner, to improve clarity and traceability, and to ensure that Customer expectation mismatches are minimized.

By continuing to use this Application, you certify that you agree to the following rules & guidelines about Structured Job publishing by Customers, and Job Proposal submissions by Service Providers.

 

Job Requirement Group

A Job Requirement Group on GigsBoard shall be a high-level categorization or description of a selected part of the Job. The full set of Job Requirement Groups on a Job collectively shall describe the Job in question.

 

Job Requirement

Job Requirement Groups on GigsBoard shall be further decomposed into Job Requirements, which defines individual business need statements.

 

Job Requirement Acceptance Criteria

Each Job Requirement shall be qualified with one or more Job Requirement Acceptance Criteria, which define the conditions under which the product/ service delivered shall be accepted by the customer team.

 

Job Proposals Prioritization Slider

When any Job is defined, the Customer team can also define the factors that the Customer team will use to prioritize the Proposals received, and also define the relative weightages of the various factors identified.

GigsBoard will use the defined factors & their relative weightages to sort the proposals that have been received against the published Job, and present all the proposals received in the appropriate sorted order.

 

Training Support

When any Job is defined, the Customer team can request support from the Service Provider team to train the Customer’s team about the products/ services developed as part of the Job.

If Training Support is requested, then the bidding Service Providers shall include efforts & costs relating to Training Support in their Job Proposal submission. Please note that there will be no separate line item for including costs for Training Support provided, and each Team member as well as the Project Manager shall be expected to include efforts & costs for Training support as part of their Job Component Proposals/ Integrated Job Proposal submitted. The Service Provider shall also plan to make themselves/ their teams available to the Customer team, in case their bid is accepted and the Job is awarded to them.

 

Warranty Support

When any Job is defined, the Customer team can request support from the Service Provider team to resolve any defects or other support needs from the Customer’s team as part of using the products/ services developed as part of the Job.

If Warranty Support is requested, then the bidding Service Providers shall include efforts & costs relating to Warranty Support in their Job Proposal submission. Please note that there will be no separate line item for including costs for Warranty Support provided, and each Team member as well as the Project Manager shall be expected to include efforts & costs for Warranty support as part of their Job Component Proposals/ Integrated Job Proposal submitted. The Service Provider shall also plan to make themselves/ their teams available to the Customer team, in case their bid is accepted and the Job is awarded to them.

 

Job Search

Users on GigsBoard can search for Jobs on GigsBoard.

 

Job Team invitation & Team formation

After a Job has been defined and published, interested Service providers can view & analyse the Job, identify the right team members for the Job (either Consultants from the same Agency, if the searching individual is an Agency SPOC or Project Manager; or Freelancers matching the Job’s skill needs, if the searching individual is an independent Project Manager), and then send invitations to the selected individuals through GigsBoard.

 

Job Queries & Responses

When a Business Customer publishes a Job on GigsBoard, it is quite possible that one or more responding Service Providers require some clarifications about the Job that they would like to bid for.

GigsBoard facilitates effective, trackable communication of Queries & responses via the Job Queries and Responses mechanism.

Job Queries submitted by a Service Provider, and the Business Customer responses, shall be included in the scope of the Job and the Proposal submitted by that Service Provider.

Business Customers shall be expected to respond to Job Queries in a timely manner, so that the Service Providers can proceed with their Proposal submissions smoothly.

 

Non-shareable Job Queries

A Service Provider may consider a specific Job Query as one that holds significant value or differentiation of that Service Provider’s capabilities in the context of the Job.

In this scenario, the Service Provider has the authority to tag the specific Job Query as “Non-shareable”. The implication here is that the Customer shall not be authorized to share that Job Query or its response with any other Service Provider.

By continuing to use this Application, you certify that you agree to the above rules & guidelines about the non-shareable aspect of Job Queries and responses.

 

Shareable Job Queries

By default, all Job Queries submitted by Service Providers shall be tagged as “Shareable” unless explicitly tagged by a specific Service Provider as “Non-shareable”.

Any “Shareable Job Query” can be shared by the Business Customers with other Service Providers as well, so as to ensure coverage of the aspects covered by the specific Job Query and its related Response.

By continuing to use this Application, you certify that you agree to the above rules & guidelines about the shareable aspect of Job Queries and responses.

 

Job Proposal

When a Business Customer publishes a Job on the Application, Service Providers can view the Job, and decide to submit a Job Proposal to bid for the Job.

In case of a Freelanced Job, the Independent Service Provider will develop the Job proposal on his/her own, and submit to the Business Customer.

In case of an Outsourced Job, Service Providers shall come together to submit an Integrated Job Proposal, which will be submitted to the Business Customer. This shall involve the following steps:

  • Project Managers/ Team Leads shall view the Job, and invite specific team members to work on the Job.
    • In case of an Agency/ Firm, the Project Manager or Team Lead shall invite team members typically from among the Agency Consultants, and allocate specific Job Requirements to each Agency Consultant.
    • In case of a virtual team of Freelancers, an Independent Project Manager shall invite Freelancers to the Job, and allocate specific Job Requirements to each Freelancer.
  • The invited Team members shall examine the assigned Job Requirements, develop their independent Solutions for each Requirement, and assess the schedule needs & effort needs for completing each work component.
  • Each Team member shall submit a Job Component Proposal to the Project manager.
  • The Project Manager shall consolidate the Job Component Proposals from the full team, identify any project-level risks, define any risk mitigation actions, assess his/her management effort needs, etc, and then develop an Integrated Job Proposal, which will be submitted to the Customer.

 

In case of an In-house Job, the steps shall be similar to the Outsourced Work activities in this section, but would not include any Cost estimates.

By continuing to use this Application, you certify that you agree to the above rules & guidelines about Job Proposals development and submission.

 

Automated Job Proposal Prioritization & Job Award

The Application shall present all the Job Proposals received from Service Providers in the order as defined by the Job Proposals Prioritization Slider.

The Application shall also permit the Business Customer team to refine the Job Proposals Prioritization Slider settings if needed, ahead of Job Award.

It is to be noted by all Users of the Application, that the Application shall only be responsible for presenting the Job Proposals received in an appropriate sequence as defined in the Job Proposals Prioritization Slider. The ownership of the Service Provider selection decision shall lie solely with the Business Customer team that has published the Job.

At this point, the Business Customer shall be allowed to:

  • Award the Job to the Service Provider team that appears at the top of the list of Job Proposals as automatically prioritized by the Application;
  • Refine the settings on the Job Proposals Prioritization Slider, and thus re-order the Job Proposals received, and then award the Job to the Service Provider team that appears at the top of the updated list;
  • Award the Job to any Service Provider team, without referring to the sorted list of Job Proposals.

By continuing to use this Application, you certify that you agree to the above rules & guidelines about Job Proposals prioritization & Job award.

 

Customer-Service Provider Engagement on GigsBoard

The Application shall allow Business Customers to engage Service Providers via different Engagement models as described previously.

In case of Freelanced Work Engagement model & Outsourced Work Engagement model, the Business Customers shall engage Service Providers via Contracts.

In case of In-house Work Engagement model, the Business Customers shall engage their own internal teams via Pseudo-contracts.

 

Contracting Approach

In case of Freelanced Work model, the engagement shall be formalized between the Business Customer and the awarded Freelancer.

In case of Outsourced Work model, if the Service Provider team is formed from an Agency, then the engagement shall be formalized between the Business Customer and the awarded Agency on direct Contract basis.

In case of Outsourced Work model, if the Service Provider team is formed from a virtual team of Freelancers, then the engagement shall be formalized between the Business Customer and the awarded Freelancers on multi-level contract basis. In this case, the contracting shall include:

  • A Prime contract between the Independent Project Manager and the Business Customer
  • A Related contract between the Independent Project Manager and each Freelancer Team member.
  • In this scenario, the Prime Contract shall be valid & enforceable only when the Prime Contract is signed by both parties on that contract, and each Related Contract is also signed by both parties on that contract.

By continuing to use this Application, you certify that you agree to the above rules & guidelines about Contracting approach.

 

Contract/ Project Execution

Contract or Project execution on the Application shall include the following phases/ cycles.

By continuing to use this Application, you certify that you agree to the following rules & guidelines about Contract/ Project Execution flow.

 

Contract/ Project Execution Components

Work scope on the Application shall be decomposed & detailed into the following levels:

  • Contract/ Project Tasks: The most granular level of Work components to be tracked via the Application. These Tasks denote the “technically implementable” components equivalents of the Job Requirements as submitted as input by the Customer team.
    • Tasks shall be defined using the Job Requirements as the input, and each Job Requirement may be decomposed into one or several Tasks.
    • Tasks shall be defined by the contracted (or engaged) Service Provider team.
    • Tasks shall be defined in such a manner that each Task shall be planned to complete within one Execution cycle.
    • The size of Tasks shall be defined in terms of Task Points (based on the Agile/ T-Shirt sizing model), and this shall be used to qualify the fitment into a single Execution cycle.
    • It is to be noted that even though each Task may be planned to complete within a single Execution cycle, the actual Execution may slip into multiple Execution cycles.
  • Contract/ Project Scenarios: Tasks that belong together from an implementation perspective, either due to Business functionality alignment or due to Technology & skill needs or both, shall be combined to form Scenarios.
    • Scenarios shall be also defined using the Job Requirements as the input, and each Job Requirement may be decomposed into one or several Scenarios.
    • Each Scenario shall be traceable to one or more Tasks.
    • Scenarios shall be defined by the contracted (or engaged) Service Provider team.
  • Contract/ Project Task Acceptance criteria: The factors/ criteria that shall be used to verify – unambiguously – that a delivered Task can be accepted by the Business Customer team.
    • Task Acceptance criteria shall be defined by the contracted (or engaged) Service Provider team.
    • A Task may have one or more associated Task Acceptance criteria.

 

Contract/ Project Execution Planning cycle

The output from this phase is a Customer-approved Contract/ Project Execution Plan, which defines:

  • Which Tasks shall be planned to be executed in which Execution cycle, and
  • Who from the Service Provider team shall be responsible for executing each defined Task.

Only in case of Freelanced Work and Outsourced Work, the Application shall also define the Payment schedule for the Contract.

  • A pre-determined percentage of the Contract shall be set aside for the Execution Planning cycle.
  • The remaining amount on the Contract shall be distributed among the various Cycles, on pro-rated basis based on the overall size of each cycle.

 

This cycle shall be applicable only in case of a “Large Job”, and shall be applied only for “Outsourced Work” model and “In-house Work” model. This cycle shall not be applicable in case of “Small Job” and “Freelanced Work”.

The Contract/ Project Execution Planning cycle shall be automatically initiated at Contract signing (in case of Freelanced Work model & Outsourced Work model) or Job Award (in case of In-house Work model).

During this cycle, the following activities shall be performed by the specified User roles:

  • Execution Planning Cycle Payment Instruction generation: Performed automatically by the Application.
  • Payment against the Payment Instruction: Performed by the Customer team at any point within an agreed lead time.
  • Project/ Contract Scenarios definition: Performed by the Service Provider team.
  • Project/ Contract Tasks definition: Performed by the Service Provider team.
  • Project/ Contract Tasks Acceptance Criteria definition: Performed by the Service Provider team.
  • Project/ Contract Tasks Dependencies definition: Performed by the Service Provider team.
  • Project/ Contract Tasks qualification: Performed by the Service Provider team.
  • Project/ Contract Tasks sizing: Performed by the Service Provider team.
  • Project/ Contract Execution Plan definition: Automatically generated by the Application, on being initiated by the Project Manager, and submitted to the Customer team for approval.
  • Project/ Contract Execution Plan approval: Performed by the Customer team.
  • Performance assessment of Freelancers/ Consultants: Performed automatically by the Application.
  • Leadership assessment of the Project Manager: Performed by Customer (as well as by Freelancers, in case of an Outsourced Project executed by Freelancers).
  • Financial Reliability assessment of the Customer: Performed automatically by the Application.
  • Payment settlement to the Service Provider team: Performed automatically by the Application, at the close of the Execution Planning cycle.

The Contract/ Project Execution Planning cycle shall be automatically completed at Contract Execution Planning Cycle end date, or at the time of Execution Plan approval by the Customer, whichever is earlier.

The next cycle shall automatically commence at the time of Execution Planning Cycle completion.

 

Contract/ Project Execution cycles

Each Contract/ Project Execution cycle shall be automatically initiated at the scheduled Cycle start date, as defined in the Execution plan.

During each planned Contract/ Project Execution cycle, a pre-determined set of Tasks shall be planned to be completed by the Service Provider team.

During this cycle, the following activities shall be performed by the specified User roles:

  • Execution Cycle Payment Instruction generation: Performed automatically by the Application.
  • Payment against the Payment Instruction: Performed by the Customer team at any point within an agreed lead time.
  • Performance of work against the Tasks associated with the Execution Cycle: Performed by the Service Provider team.
  • Development of Outputs/ Deliverables against each Task: Performed by the Service Provider team.
  • Internal validation/ verification of Outputs/ Deliverables against each Task: Performed by the Service Provider team.
  • Submission of Outputs/ Deliverables to the Customer team: Performed by the Service Provider team.
  • Verification/ validation of Outputs/ Deliverables: Performed by the Customer team.
  • Acceptance/ Rejection of Outputs/ Deliverables: Performed by the Customer team.
  • Raising of Delivered Defects in case of Rejection: Performed automatically by the Application.
  • Resolution of Delivered defects: Performed by the Service Provider team.
  • Re- development of Outputs/ Deliverables against each Task: Performed by the Service Provider team.
  • Moving Tasks to “DONE” state on the Application Kanban board: Performed by the Project Manager.
  • Performance assessment of Freelancers/ Consultants: Performed automatically by the Application.
  • Leadership assessment of the Project Manager: Performed by Customer (as well as by Freelancers, in case of an Outsourced Project executed by Freelancers).
  • Financial Reliability assessment of the Customer: Performed automatically by the Application.
  • Payment settlement to the Service Provider team: Performed automatically by the Application, at the close of the Execution Planning cycle.

Each Execution Cycle shall be deemed to be completed when the schedule time ends for that Execution Cycle.

 

Carry-forward cycles

A Contract/ Project Carry-forward cycle shall be automatically initiated at the end of all scheduled Execution cycles, if there are open Tasks pending completion. This is because the Service Provider commitment is for the scope of work to be performed, in addition to the schedule.

During any unplanned Carry-forward cycle, all remaining Tasks shall be planned to be completed by the Service Provider team.

During this cycle, the following activities shall be performed by the specified User roles:

  • Performance of work against the Tasks associated with the Carry-forward Cycle: Performed by the Service Provider team.
  • Development of Outputs/ Deliverables against each Task: Performed by the Service Provider team.
  • Internal validation/ verification of Outputs/ Deliverables against each Task: Performed by the Service Provider team.
  • Submission of Outputs/ Deliverables to the Customer team: Performed by the Service Provider team.
  • Verification/ validation of Outputs/ Deliverables: Performed by the Customer team.
  • Acceptance/ Rejection of Outputs/ Deliverables: Performed by the Customer team.
  • Raising of Delivered Defects in case of Rejection: Performed automatically by the Application.
  • Resolution of Delivered defects: Performed by the Service Provider team.
  • Re- development of Outputs/ Deliverables against each Task: Performed by the Service Provider team.
  • Moving Tasks to “DONE” state on the Application Kanban board: Performed by the Project Manager.
  • Performance assessment of Freelancers/ Consultants: Performed automatically by the Application.
  • Leadership assessment of the Project Manager: Performed by Customer (as well as by Freelancers, in case of an Outsourced Project executed by Freelancers).

The Carry-forward Cycle shall be deemed to be completed when the schedule time ends for that Cycle.

A new Contract/ Project Carry-forward cycle shall be automatically initiated at the end of the previous Carry-forward cycle, if there are open Tasks pending completion.

 

Training cycle

A Contract/ Project Training Support cycle shall be automatically initiated at the scheduled Training Cycle start date, as defined in the Execution plan.

During this cycle, the following activities shall be performed by the specified User roles:

  • Delivery of Training against the Tasks in the Contract/ Project: Performed by the Service Provider team.
  • Acceptance of Training Service delivery for each Task: Performed by the Customer team.

The Contract/ Project Training Support cycle shall be automatically completed at the scheduled Cycle end date.

 

Warranty Support cycle

A Contract/ Project Warranty Support cycle shall be automatically initiated at the scheduled Warranty Support Cycle start date, as defined in the Execution plan.

During this cycle, the following activities shall be performed by the specified User roles:

  • Raising of Warranty Support defects in case of any defects identified: Performed by the Customer team.
  • Analysis of Warranty Support defects: Performed by the Service Provider team.
  • Acceptance/ Rejection of Warranty Support defects: Performed by the Service Provider team.
  • Resolution of Warranty Support defects: Performed by the Service Provider team.
  • Closure of Warranty Support defects: Performed by the Customer team.

The Contract/ Project Warranty Support cycle shall be automatically completed at the scheduled Cycle end date.

 

Contract/ Project closure

Contracts or Projects in the Application can be ready for closure only when the following activities are completed:

  • All Execution Cycles are completed as per plan, or, All Tasks identified are completed.
  • All pending Payment Instructions have been settled.
  • All pending Performance Assessments have been submitted.
  • The Training Support Cycle has been completed, if applicable.
  • The Warranty Support Cycle has been completed, if applicable.

At this time, the Project Manager shall be permitted by the Application to close the Project/ Contract.

Customer Spends and Taxes

The Application shall withhold Taxes due from the Customers of the Application, for their Contracts/ Projects execution and any associated payments submitted.

By continuing to use this Application, you authorize the Company to withhold Taxes as appropriate and submit to the appropriate Government authority. You also certify that you shall be responsible for the handling of any tax filings due to your local Government, as a part of your normal Business operations.

 

Service Provider Earnings and Taxes

The Application shall withhold Taxes due from the Service Providers on the Application, for their Contracts/ Projects execution and any associated payments received.

By continuing to use this Application, you authorize the Company to withhold Taxes as appropriate and submit to the appropriate Government authority. You also certify that you shall be responsible for the handling of any tax filings due to your local Government, as a part of your normal Business operations.

 

Your compliances while using GigsBoard

This Application is meant to cover the following primary functions:

  • Business requirements definition & publishing
  • Team building, Analysis & Schedule/ Cost estimation
  • Proposals submission, comparisons, and job award
  • Talent discovery & engagement
  • Project planning
  • Project tracking & Delivery management
  • Invoicing, Payments, and Settlement
  • Tax withholding & submission to appropriate Government authorities
  • Performance management
  • Dispute management

This application does not cover any Government compliance filing needs, such as Tax Returns filings etc.

By continuing to use this Application, you certify that you shall be responsible for any legal or other compliances due to your local/ federal Government, as a part of your normal Business operations.

 

Content

Your Right to post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

 

Content Restrictions

The Company is not responsible for the content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.
  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
  • Impersonating any person or entity including the Company and its employees or representatives.
  • Violating the privacy of any third person.
  • False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

 

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

 

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

 

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

 

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

 

Your Feedback to us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

 

Links to other websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

 

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

 

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 INR if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

 

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

 

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

 

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

 

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.

 

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

 

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]

By visiting this page on our website: https://gigsboard.com/contact-us/

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