GIGSHIP > Terms of Service
Terms of Service

GigShip’s Terms of Service Last update: March 31st, 2016

 

Welcome to GIGSHIP (Gigship.com)! The following terms and conditions (“Terms of Service”), govern your access to and use of the GigShip website, including any content, functionality and services offered on or through www.gigship.com.

 

Please read the Terms of Service carefully before you start to use the Site. By using this site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.

 

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the GigShip services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company 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.

 

The Short Version

 

A service offered on GigShip.com® is called a Service or Job or Gig.

Service or Jobs or Gigs on GigShip.com are offered for a fixed base price range of $1 to $5.

Whenever you see “”I will _for $1″”, it means the seller is offering a Service or Job or Gigs for the fixed price of $1.

Only registered users may buy and sell on GigShip.com.  Registration is free.

Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering Service or jobs or Gigs for more than $5 through Service or job or Gigs Extras’ or allowing the seller to offer multiple Service or jobs or Gigs or selling their Service or jobs or Gigs in multiples.

Service or job or Gig Extras are additional services offered on top of the Sellers’ Service or Jobs or Gigs for an additional price defined by the Seller. Buyers can purchase additional quantities of Service or Jobs or Gigs (defined as “”Multiples””) from Sellers with statuses of Level One or above.

Some sellers may offer additional upgrades to their Service or jobs or or Gigs or sell their Service or jobs a number of times, depending on their status.

Sellers must fulfill their orders, and may not cancel on a regular basis or without cause.

Users may not offer or accept payments using any method other than placing an order through GigShip.com. Service or jobs or gigs must be ordered using the Order Now button.

Buyers are granted all rights for the delivered work, unless otherwise specified by the seller in the Service or job or gig description. GigShip.com retains the right to use all published delivered works for GigShip.com marketing and promotion purposes.

We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service.

 

Sellers

>Basics

 

Each $1 -$5 Service or job or gig you sell and successfully deliver, accredits your account with a net revenue of $1 – $5. Please note however, that, we charge a fee of 20% or less on every service or job or gig as a commission and service maintenance fee.

Buyers pay GigShip.com for orders in advance.

GigShip.com accredits sellers once an order is completed. See “Work Delivery & Communications” below for a definition of a completed order.

Sellers may withdraw their revenues using one of GigShip.com’s withdrawal options.

If an order is cancelled (for any reason), the payment funds will be returned to the buyer.

Sellers may withdraw their revenues to a PayPal, Payza, Skrill, 2CO, Bank or Mobile Money account of their choice according to the terms specified below.

The seller’s rating is calculated based on a number of factors, including feedback received from buyers, amount of orders, cancelled orders, and late deliveries.

 

>Seller Statuses

 

GigShip.com is all about helping sellers leverage their skills. We seek to empower top performing sellers with helpful tools to grow their business.

Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, GigShip.com may reward them with new statuses, special opportunities, benefits, and tools that come with it.

 

>Levels

 

GigShip.com sellers can gain account statuses (Level 1, Level 2 …) based on their activity, performance and reputation.

Each level opens up additional opportunities and tools for the sellers to extend their business. Sellers who are promoted to a higher level are required to maintain their service level and high rating to keep their preferred status.

Levels are updated periodically by an automated system. Higher level sellers are still required to offer their Service or jobs or gigs for the basic price range of $1 -$5. Sellers who cannot maintain their high quality service, experience a rating drop, or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries or cancellations can cause a seller to move to a different Level. For more information, see Seller Levels.

Level 1 and Level 2 sellers can sell eithers or job or gig Extras of service or job or gig Multiples. A combination of Extras and Multiples is available only for Top Rated Sellers.

 

>Top Rated Sellers

 

Top Rated Sellers are chosen manually by GigShip.com editors from the list of the highest seller level based on a list of criteria, including seniority, volume of sales, an extremely high rating, exceptional customer care and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support. For more information, see Seller Levels.

 

>Handling Orders

 

When a buyer orders a Service or job or gig, the seller is notified by email as well as notifications on the site while logged in to your account.

Sellers are required to meet the delivery time they specified when creating their service or jobs or gigs. Failing to do so will allow the buyer to cancel the order and may harm the seller’s rating.

Both buyers and sellers have the option to cancel an order by mutual agreement. Mutual cancellations have no negative effect on rating. However, excessive cancellations, of any type, have a negative effect on Levels eligibility.

Unanswered mutual cancellation requests will automatically be accepted after 48 hours, while reducing the non-responding user’s rating.

A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation) However, this will have a negative effect on the seller’s rating.

 

>Staying out of Trouble

 

To protect our users’ privacy, user identities must be kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details (other than your name) to communicate outside of the GigShip.com network is not permitted.

All communications, information and file exchanges must be performed exclusively using GigShip.com’s messaging system.

Posting or sending adult, illegal, rude, abusive, improper, copyright protected, promotional, spam, violent, nonsense or any uncool stuff is strictly prohibited. Doing so will get your account blocked permanently.

 

>Work Delivery & Communications

 

You are responsible for scanning all transferred files for viruses and malware. GigShip.com will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.

Sellers must deliver completed files and/or proof of work using the Deliver Completed Work button (located on the Order page).

>Responding and posting a review:

Once work is delivered, the buyer has three days to respond and post a review (or 14 days for Service or jobs or gigs with shipping). If no response is provided within the response time, the order will be considered completed.

 

>Withdrawing Revenues

 

To withdraw your revenues, you must have an account with at least one of GigShip.com’s withdrawal providers.

Your GigShip.com profile can be associated with only one account from each GigShip.com withdrawal providers. A withdrawal provider account can be associated with only one GigShip.com profile.

Revenues are only made available for withdrawal from the Revenue page after a safety clearance period of 14 days after the order is marked as complete.

Withdrawal fees vary depending on the withdrawal provider / method.

Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

 

Buyers

>Ordering

Service or jobs or gigs may be purchased using a Credit Card, PayPal, Skrill, Payza, 2CO, Bitcoin, and in certain countries Bank Deposit or Mobile Payment (Mobile Money).

Once payment is confirmed, your order will be created.

If you have funds in your account balance, it will be automatically applied to your next purchase, but only in the event that your balance covers the entire purchase amount.

As a buyer, your identity is kept anonymous at all times. To protect your privacy, avoid requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact information to communicate outside of GigShip.com.

You may not offer sellers to pay, or make payment using any method other than through the GigShip.com site.

You may not pay other users directly using any method other than ordering through the GigShip.com order page. In case you have been asked to use an alternative payment method, please report it immediately here.

Filing a dispute or reversing a payment through your payment provider or your bank prior to attempting to resolve the matter by working it out with the Seller through the GigShip.com dispute resolution tools and contacting customer support (or via email: support@gigship.com) through this Site may get your account suspended to investigate possible security violations.

In case of a problem, always try and work things out with your seller. If you need further assistance, contact our customer support here.

Order cancellations (when eligible) can be performed by customer support only up to a period of 10 days from order completion date. We will not be able to cancel orders after that time.

 

>VAT

 

This paragraph only applies to buyers located in Israel: Israeli buyers will be charged VAT in addition to the Service or job or gig price shown on the Service or job or gig page. An invoice will be provided to allow eligible users to claim back they VAT from the tax authorities.

 

>Shipping or Product Transportation

 

Some of the services on GigShip.com are delivered physically (arts and crafts, collectable items, etc.). For these types of Service or jobs or gigs, sellers may decide to add additional charges for shipping. Sellers can add shipping prices for local shipping (within the same country, eg. Ghana) and for international shipping (anywhere else).

Important:

  • Buyers, who order Service or jobs or gigs that require physical delivery, will be asked to provide a shipping address.
  • Sellers are responsible for all shipping arrangements once the buyer supplies the shipping address.
  • GigShip.com does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
  • A tracking number is a great way to avoid disputes related to shipping. We recommend entering the tracking number if available in the order page when delivering your work.

 

General Terms

 

Violation of GigShip.com’s Terms of Service may get your account blocked permanently.

Sellers will be able to withdraw their revenues from blocked accounts after a safety period of 45 to 90 days, depending on the reason, from the day of the last cleared payment received in their account and subject to GigShip.com’s approval.

Disputes should be handled using GigShip.com’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting GigShip.com customer support.

GigShip.com reserves the right to put any account on hold or permanently cancel accounts due to breach of these terms or any illegal or inappropriate use of the site or services. Users with accounts on hold will not be able to sell or buy on GigShip.com.

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

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

 

Disputes

 

We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact GigShip.com’s customer support department for assistance.

GigShip.com will not refund payments made for cancelled orders back to your payment provider. Funds from order refunds are returned to the buyer’s balance and are available for future purchases on GigShip.com.

 

Ownership and Limitations

 

Ownership and limitations: unless clearly stated otherwise in the Service or job or gig description text, when the work is delivered, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller and the seller waives any and all moral rights therein.

For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer. The seller expressly agrees to assign to buyer the copyright in any delivered work that do not meet the requirements of a work-for-hire under the Ghana Copyright Act 2005, (Act 690).

Additionally, independent of the Ghana Copyright Act 2005, (Act 690), the seller agrees that unless indicated otherwise in the Service or job or gig description, once the order is completed the seller assigns along with it to the buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered work and waives any and all moral rights in connection therewith. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Service or job or gig.

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer.

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

 

We wish to remind that GigShip.com.’s content is based on User Generated Content (UGC). GigShip.com does not check user uploaded/created content for violations of copyright, trademarks or other rights. We invite everyone to report violations together with proof of ownership. Reported violating content may be removed or disabled.

Furthermore, GigShip.com is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Service or jobs or gigs, their delivery, and any communications between buyers and sellers.

We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate SERVICE OR JOB OR GIG offers.

 

By offering a service, the seller undertakes that he has sufficient permissions, rights and/or licenses to provide, sell or resell the service that they offer on GigShip.com.

Sellers advertising their Service or job or gig online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Service or job or gig and may lead to the suspension of seller’s account.

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

Disclaimer of Warranties

 

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

 

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

 

Limitation on Liability

 

IN NO EVENT WILL GigShip.com, 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.

 

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