Terms and Conditions
This terms of service was last modified on April, 2020.
The following terms and conditions (these “Terms of Service”), govern your access to and use of the Gigsng website, including any content, functionality and services offered on or through www.Gigsng.com (the “Site”), by Gigsng Marketplace (collectively, “Gigsng” “we” or “us”).
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 to be bound and abide by these Terms of Service. If you do not want to agree to these Terms of Service, you must not access or use the Site.
This Site is offered and available to users who are 18 years of age or older.
If you are under 18 you may not use this Site or the Gigsng services.
By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements.
If you do not meet all of these requirements, you must not access or use the Site.
Key Terms:
Buyers are users who purchase services on Gigsng.
Disputes are disagreements experienced during an order between a Buyer and Seller on Gigsng.
Gig Page is where the Seller can describe their Gig, and the Buyer can purchase the Gig and open an order.
Gigs are services offered on Gigsng platform.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.
Orders are the formal agreement between a Buyer and Seller after a purchase was made from the Seller’s Gig Page.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the Gigsng platform.
Sellers are users who offer and perform services on Gigsng.
Your Balance consists of credits collected from cancelled orders or money from orders completed or from direct bank transfer.
You can only widthdraw balance from orders completed.
All credits from cancelled orders or from direct bank transfer can only be withdrawn by contacting Gigsng Support.
Overview (Main terms)
* Only registered users may buy and sell on Gigsng. Registration is free.
* Gigs on Gigsng may be offered at a price as low as NGN1,000.
* Buyers pay Gigsng in advance to create an order
* Orders are purchased through the Order button found on a Seller’s gig page.
* Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause.
* Users may not offer or accept payments using any method other than placing an order through Gigsng.com.
* Users may not start working on a project when there is no active order.
* Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their gig page.
* Gigsng retains the right to use all published delivered works and published gigs for Gigsng marketing and promotion purposes and will not be held liable for any copyright violation.
* Users on our platform are responsible for what they upload, Gigsng will not be held liable for any violation.
* We urge our users to only upload projects sample done by them.
* We care about your privacy. Please scroll down to see our privacy policy.
Sellers
* Sellers create gigs on Gigsng to allow Buyers to purchase their services.
* Each order you sell and successfully complete, accredits your account with a net revenue of 85% of the purchase amount.
* Gigsng accredits Sellers once an order is completed.
* If an order is cancelled (for any reason), the funds paid will be refunded to the Buyer’s Balance unless the buyer violated our terms then it will be credited to the seller.
* Only revenues from completed orders are made available for withdrawal.
* Gigsng.com collects 15% of the job amount as service fee from sellers.
* Sellers may not promote their Gigs or any Gigsng content via the AdWords platform.
* Sellers may withdraw their revenues through the provision of their Naira Bank Account.
* Credited funds from completed orders will be placed on pending balance for 3 days before it will be available for withdrawal.
* The Seller’s rating is calculated based on the order reviews posted by Buyers. In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
* For security concerns, Gigsng may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple Gigsng accounts to a single withdrawal provider.
* Sellers are responsible for paying any direct or indirect taxes, including any VAT or otherwise.
* Sellers must not share their contact informations or risk losing their account permanently and funds held for 6 months.
* Seller hereby appoints Gigsng as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller.
* Gigsng partners with Payment Services Providers for purposes of collecting Gig-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Balances.
All payments services in connection with the withdrawal of funds on the Gigsng platform are performed by Gigsng’s Payment Services Providers.
Gig
A Gig may be removed by Gigsng for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
* Illegal or Fraudulent services
* Containing contact informations or different payment method.
* Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service
* Adult oriented services, Pornographic, Inappropriate/Obscene
* Intentional copies of Gigs
* Spam, Nonsense, or Violent Gigs
* Gigs misleading to Buyers
* Reselling of regulated goods
* Services that extend beyond 30 days of service duration
* Exceedingly low quality Gigs
* Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’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 Gigsng’s Terms of Service, will be removed.
* Gigs are required to have an appropriate Gig image related to the service offered. Sellers 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 Seller’s account becoming permanently disabled.
* Gigs may contain an approved Gig Video uploaded.
Withdrawing Revenues
* A withdrawal bank account can be linked with only one Gigsng account.
* Revenues are only made available for withdrawal instantly after the pending funds have cleared.
* Withdrawals can only be made in the amount available to you.
* Withdrawals are proccessed within 1-2 business days.
* Withdrawal are made to bank account directly by Gigsng.
* Withdrawals are final and cannot be undone. We will not be able to reverse this process once it has been marked as completed.
Withdrawal / Deposit Methods
* Local Bank Withdrawal: NGN100 per withdrawal.
* Deposit (Atm or Bank): 5% per deposit
* Deposit (Direct Bank Transfer): 5% per deposit
Buyers – Basics
* You may not offer direct payments to Sellers using payment systems outside of the Gigsng Order system.
* Gigsng retains the right to use all publicly published delivered works for Gigsng marketing and promotional purposes. Purchasing
* Buyers pay Gigsng to create an order from a Seller’s Gig page using the Order Now button. Gigsng partners with Payment Services Providers for purposes of collecting Gig-related payments from Buyers, transferring such payments from Buyers to Sellers, and holding funds in connection with Balances. All payments services in connection with the collection of funds on the Gigsng platform are performed by Gigsng’s Payment Services Providers.
* Gigsng serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller.
* Gigs may be purchased using one of the following payment methods: Card, or Bank.
* Service fees are added at the time of purchase where a Buyer can review and accept the total amount requested to pay. These fees cover administrative fees. When making a purchase solely from your Balance (resulting from any refunds) you will not be charged a service fee. Service fees are non-refundable. Funds returned to your balance from cancelled orders will not include service fees paid.
* If you have funds in your account balance, it will be automatically applied to your next purchase.
* You may not offer Sellers to pay, or make payment using any method other than through the Gigsng.com site. In case you have been asked to use an alternative payment method, please report it immediately to Gigsng’s Customer Support.
* You may not give seller your contact information through the Gigsng.com site or risk account closure and funds (if any) held for 6 months.
* To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, payment information in connection with withdrawals is collected by either Gigsng or Gigsng’s Payment Services Providers. Payment Services Providers may also collect such other information as necessary for proposes of processing withdrawal payments. Gigsng is not exposed to the payment information provided to Payment Services Providers, and this information is subject to the privacy policy applicable to the Payment Service Provider.
* By using any payment method and/or providing payment details for making purchases on Gigsng, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on Gigsng; and (d) such actions do not violate any applicable law.
Orders
* Once payment is confirmed, your order will be created and given a unique order number
* Sellers 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.
* Gigsng.com may cancel any completed order within 3 days after completion for any reason whatsoever that breaches our terms.
* Using the Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in this 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 Seller’s rating and result in a warning to Seller.
* An order is marked as complete after the order is marked as Delivered and then rated by a Buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
* We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Dispute form or if you encounter non-permitted usage on the Site, users can contact Gigsng’s Customer Support for assistance.
Working On Orders
* When a Buyer orders a Gig, the Seller is immediately notified by email as well as notifications on the site while logged into the account.
* It is important for Sellers to meet the delivery time as specified on Gigs. Failing to do so will allow the Buyer to cancel the order when an order is marked as late and may harm the Seller’s status.
* Sellers 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. Gigsng will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
* Buyers may use the “Request Modification” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the Seller’s description on their Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.
* Orders completed can only be cancelled within 3 days after completion by Gigsng Support if they breach our terms.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Dispute form or if you encounter non-permitted usage on the Site, users can contact Gigsng’s Customer Support for assistance.
BASICS
* Order cancellations can be performed on Gigsng, when eligible, by Customer Support or through Dispute per order.
* Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily or permanently disabled. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
* In the event that a Buyer or Seller encounters an issue related to the service provided in an order, you are encouraged to use the Site’s dispute resolution to attempt to resolve the matter.
* Gigsng , through its Payment Services Providers, reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
* Gigsng reserves the right to cancel orders in favour of the Seller if the Buyer breaches our terms of service and vice versa.
* Users may not share contact details or accept communications using any method other than Gigsng.com or risk account closure.
* All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig and the delivery may not be used if payment is cancelled for any reason.
* If an order is cancelled (for any reason), the funds paid will be refunded to the Buyer’s Balance and it is not available for withdrawal.
* All funds refunded due to cancelled orders or funds deposited will only be available for shopping on the site.
* Revisions to deliveries can be performed by Sellers. Sellers may determine the amount of revisions offered to Buyers, including no revisions.
* Requests for revisions can be performed through the Order page while the order is marked as Delivered.
* Requesting to gain more services from Sellers beyond the agreed requirements by using the Request Modifications button is not allowed.
ORDER CANCELLATIONS
* Gigsng encourages Buyers and Sellers to resolve service disputes mutually using the Dispute form.
* Eligibility for requests to Gigsng to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Gigsng delivery system.
* Completed orders cannot be cancelled after 3 days unless for any reason whatsoever that breaches our terms.
* Orders are not eligible to be cancelled based on the quality of service/materials delivered by the Seller if the service was rendered as described in the Gig page. Buyers may rate their experience with the Seller on the order page.
* Buyers must use the dispute form to address their concerns and desired resolution related to the service provided by their Seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the Buyers failed to inform their Seller of issues related to the Seller’s service and will allow Sellers to provide a resolution first.
* Any non-permitted usage of Gigsng encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Gigsng’s Terms of Service.
* Gigsng Customer Support will cancel orders based on, but not limited to, the following reasons:
* Active Orders (after the Buyer submits their requirements and before the Seller delivers on Gigsng )
* The Seller is late and unresponsive for more than 24 hours while the order is marked as Late.
* The Seller delivery is poor and of low standard.
* Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
* Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the Seller’s delivery.
* The user is no longer an active Gigsng user due to Terms of Service violations or closure of their account.
* Delivered Orders (after the Seller clicks Deliver Now and before the order is marked as complete)
* The Seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to Buyers. Note: Multiple reported offenses will result in permanent suspension of your account.
* The Seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
* The Seller requests additional payments, on or off the Gigsng platform, by withholding the final delivery of services directly related to the agreed requirements.
* The Seller is withholding the final delivery of services for improved ratings.
* Buyers who abuse the Request Modifications button to gain more services from Sellers beyond the agreed requirements.
* Buyers who threaten to leave a damaging review to gain more services from the Seller not related to the agreed requirements.
Refunds
* Gigsng does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are returned to the Buyer’s balance as Refunds and are available for future purchases on Gigsng. Funds returned to your balance from cancelled orders will not include service fees paid.
* Funds from deposits or cancelled orders can be withdrawn only by contacting Gigsng Support but on the basis that your job cannot be done on our platform or for some other reasons that are convincing enough.
Cookies
* When you visit the Site, we use industry-wide technologies such as “cookies” (or similar technologies), which store certain information on your computer and which will allow us, among other things, to enable automatic sign-in to the Site, make your browsing much more convenient and allow us to test user experience and offer you personalized browsing or promotions.
* By using this Site, you agree we place cookies on your computer or device.
* Our cookies are used to collect statistical data about the Site’s use, to tailor the Site’s functionality to suit your personal preference and to assist with all aspects of the site’s operation.
Disclaimer
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL GIGSNG, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, GIGSNG AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
PRIVACY POLICY
When you register on Gigsng, or register to our affiliate program, we ask you to provide certain personal information, including a valid email address, mobile number and login details.
We may ask you to provide or otherwise collect additional information that you provide us, such as, your full name, address, mobile number or other contact details.
In addition, we collect information to enhance your user experience while you access, browse the Site including IP address, geo-location information, cookies, browser information, and all communications recorded by Users through the Site.
Once you register, your username and additional information regarding your activity is made public and is visible to all Users of the Site.
Your Full name, Mobile number and Email address are not made public but only visible to you and Gigsng
How are your Informations collected?
Through filling out registration details on the site and Editing your profile.
Technical informations are indirectly and automatically collected by us through our systems.
Where relevant under applicable laws, all your personal information processed will be justified by a “condition” for processing.
In the majority of cases, processing will be justified on the basis that:
* you gave us your consent for your personal information to be used for a specific purpose,
* our use of your information is necessary to provide you with services which you have purchased,
* the processing is necessary to comply with a legal or regulatory obligation that we have, such as preventing fraud and also improve our services to you.
Your personal information will be used for the following purposes:
* to operate the Site and to perform our obligations to you,
* to provide you with quality service and security,
* to advertise and for promotions,
* to prevent fraud and maintain a safe and secure marketplace,
* to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law.
We will ask for your consent before using information for a purpose other than those set out in this Policy.
We use your personal information to send you direct marketing communications about our products and services or promotions from Gigsng that may be of interest to you or our related services. This may be via email, SMS, Calls or online advertisements.
We may retain your information for as long as possible for the following purposes:
* it is necessary and relevant for our operations, e.g. to have records of your dealings with us,
* in relation to personal information from closed accounts to comply with applicable laws, collect any outstanding fees, fraud prevention, assist with any investigation, enforce our terms and take other actions as permitted by law.
We do not rent or sell your personal information to third parties for their marketing purposes without your explicit consent.
You can review and change your personal information by visiting your account profile page.
You have a right to prevent direct marketing of any form at any time by unsubscribing or by sending an email to Gigsng Support.