Terms & Conditions

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Website Terms and Conditions of use

1. Definitions
1.1 In these website terms and conditions the following words have the following meanings:
 WordsMeaning
(a)Accountthe account created on the operating platform by the Client or the Freelancer;
(b)ACLAustralian Consumer Law at Schedule 2 of the Competition and Consumer Act 2010 (Cth) as amended from time to time;
(c)addgigs.comthe Website operating platform;
(d)addgigs Pty Ltdaddgigs Pty Ltd ACN 651 708 842;
(e)Clienta person seeking a Service on the Website;
(f)Freelancerthe person providing a service to the Client;
(g)Gigjobs posted by the Client on the Website;
(h)Membera person who completes the registration process on the Website;
(i)MembershipThe benefits accruing to a Member after registering as a Member;
(j)PlatformThe platform created by addgigs Pty Ltd for hosting Website content, Your Content, Client Gigs;
(k)Platform FeeThe fee We charge for use of the Platform;
(l)Privacy PolicyThe Privacy Policy published on our Website;
(m)Servicethe service provided by the Freelancer to the Client under the contract made between the Freelancer and the Client;
(n)Termsthe terms and conditions contained in this document;
(o)We, usaddgigs.com, its directors, employees, contractors and Assigns;
(p)Websiteaddgigs.com;
(q)You, yourClient, Freelancer or any person accessing this Website;
(r)Your ContentAny information or content that You broadcast, publish, upload, transmit, post or distribute on Our Website;
2. About the website
2.1 We welcome you to the Website. This Website operates as a Platform connecting Clients and Freelancers, making it easier for Clients to locate a Freelancer, communicate, arrange payment and for Freelancers to deliver a Service in a fast and secure manner.

2.2 We welcome you to the Website. This Website operates as a Platform connecting Clients and Freelancers, making it easier for Clients to locate a Freelancer, communicate, arrange payment and for Freelancers to deliver a Service in a fast and secure manner.

2.3 We host Client Gigs but We are not a party to any contract made between a Client and a Freelancer, nor are We an agent for either the Freelancer or the Client. Freelancers and Clients using Our Website and Our Platform acknowledge that Our role is simply to provide a Platform for Your use.

2.4 Please read these Terms carefully. By using, browsing and/or reading the content on the Website, You expressly agree that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, the Platform or any of products available on the Platform immediately.

2.5 We reserve the right to review and change any of the Terms by updating this page at Our sole discretion. When We update the Terms, We will use reasonable endeavours to provide You with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before You continue, We recommend you keep a copy of the Terms for Your records.

2.6 You accept the Terms by registering for the Platform and/or making any payment as required under the terms for use of the Platform. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to You by addgigs in the user interface.
3. Use of the Platform
3.1 In order to access the Platform, You must register an Account through the Website. This Account is personal and must not be transferred. After creating Your Account You must not create any other Account nor use multiple accounts.

3.2 As part of the registration process, or as part of Your continued use of the Platform, You may be required to provide personal information about yourself (such as identification or contact details). We may ask for a copy of Your current driver licence and a profile photograph to verify Your identity.

3.3 You warrant that any personal information You give to Us in the course of completing the registration process is accurate, correct and up to date. You agree to update Your personal information when Your personal information changes and no more than 14 days after any change to Your personal information occurs.

3.4 You will become a registered Member upon completing the registration process, and You agree to be bound by the Terms.

3.5 You may not use the Platform and We may refuse to permit access to the Platform or cancel Your use of the Platform if:

3.5.1 You are not of legal age to form a binding contract with addgigs, or

3.5.2 You are a person barred from receiving a Service under the laws of Australia or other countries including the country in which You are resident or from which You use or access the Service.

3.6 A contract is made between a Client and a Freelancer when a Freelancer accepts a Gig posted on Our website by a Client.

3.7 Before entering into a contract the Freelancer and the Client may negotiate the terms of their contract including the Service to be performed, price and any other terms You consider relevant. The terms of the contract made between the Freelancer and the Client is personal to You and We are not a party to that contract nor to those terms. For the avoidance of any doubt We will in most circumstances be unaware of the terms of the contract made between the Freelancer and the Client.

3.8 Upon creation of the contract between the Client and the Freelancer, Platform Fees become payable to Us. Those Platform Fees apply because We hosted the Gig on Our Website.

3.9 The Client must pay the contract price plus ten percent (10%) of that price into Our payment account as a Platform Fee.

3.10 Upon satisfactory completion of the Service, the Freelancer and the Client must notify Us by e-mail to support@addgigs.com.

3.11 Client Fee – We charge a Payment Administration fee payable by the Client upon the acceptance and selection of the Freelancer to undertake the gig/project. The Payment Administration Fee is ten percent (10%) of the contract price.

3.12 Commissions charged to Freelancers – Upon receipt of notice from the Client of satisfactory completion of the Service by the Freelancer; we will release the fee into the electronic wallet of the Freelancer, less the applicable commission for that transaction/price tier. See table below.

3.13 We charge subscription fees for the use of the Platform but may waive fees during promotional campaigns.
addgigs has 4 different commision tiers it takes on projects.

TIER 1
25% commission for $1-$1,000 priced projects

TIER 2
20% commission for $1,001-$5,000 priced projects.

TIER 3
15% commission for $5,001-$10,000 priced projects.

TIER 4
10% commission for $10,000 priced projects and up.
3.14 We charge subscription fees for the use of the Platform but may waive fees during promotional campaigns.

3.15 A Freelancer may use the services of a third party to complete the services. If the third party charges a fee for that service, the Client may be liable to pay that additional fee. The Freelancer must disclose all additional fees and charges the Client may have to pay before any contract is made between the Freelancer and the Client. Failure to disclose information may lead to avoidance of the contract by the Client and may be a violation of the Terms.
4. Your obligations as a Member
As a Member, you agree to comply with the following:

4.1 You will not share Your profile with any other person;

4.2 You will use the Platform only for purposes that are permitted by:

4.2.1 The Terms, and

4.2.2 Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

4.3 You will update your personal information such as a change of any contact details within 14 days of the change of personal information;

4.4 You must protect the confidentiality of your password and/or email address. If You allow any other person to use Your password we may cancel Your membership immediately;

4.5 You must not allow any other person, or third parties to use Your registration information. You agree to notify Usimmediately of any unauthorised use of Your password or email address or any breach of security of which You have become aware;

4.6 You must not expressly or impliedly impersonate another Member nor use the profile or password of another Member at any time;

4.7 You warrant that your content is accurate, correct and up to date and You will maintain reasonable records of your content, and You indemnify Us on a solicitor/client basis for any breach of this warranty;

4.8 You agree not to harass, impersonate, stalk, threaten another member or the website (where interaction with other members is made available to you);

4.9 You acknowledge that access and use of the Website and the Platform is limited and non-transferable and that You became a Member for the sole purpose of posting a Gig or providing a Service;

4.10 You will not use the Platform or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by Us;

4.11 You will not use the services or website for any illegal and/or unauthorised use which includes collecting email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the website;

4.12 You must not upload commercial advertisements, affiliate links or other forms of solicitation as this may result in termination of the services. We will remove any commercial advertisements, affiliate links or other forms of solicitations from Members’ profiles without notice. We will take appropriate legal action for any illegal or unauthorised use of the Website; and

4.13 You acknowledge and agree that any automated use of the Website or its Platform is prohibited.
5. Payment, payment processing and handling of funds
5.1 The Client must pay the contract price plus the Platform Fee to the addgigs account.

5.2 The Client must not pay the contract price to the Freelancer directly, nor must the Freelancer accept payment from the Client directly.

5.3 Our account is not a trust account and We may comingle funds in any manner We may in Our sole discretion decide.

5.4 We are not required to hold any funds in a separate account or trust account on Your behalf.

5.5 We are not liable for any fees charged by Your financial institution for any reason whatsoever.
6. Using the website as the Freelancer
6.1 Refer to instructions on the website.
7. Using the website as the Client
7.1 Refer to instructions on the website.
8. Refund policy
8.1 We provide a Platform that facilitates introductions between a Freelancer and a Client and provides a system to make safe payment of the contract price. We do not provide any other services and We are not a party to the contract between the Freelancer and the Client. Users of this Website and Platform agree that We do not hold any liability to the Freelancer or Client directly and will not personally refund them any payments made in the use of Platform.

8.2 If You as a Client are dissatisfied with the quality of the Freelancer’s work, You as the Client must first raise the dispute with the Freelancer and give the Freelancer the opportunity to correct any defect in provision of the Services. You may request a refund from the Freelancer and the Freelancer may agree to refund part of the contract price to You. For the avoidance of any doubt, We retain the Platform Fee for hosting Your Gig and for making the Website available to the Freelancer to view the Gig and accept Your offer.

8.3 If You as a Client raise a dispute with the Freelancer and do not receive a response within fourteen (14) days, then notwithstanding clause 7.1, You as the Client may contact Us through the “contact us” section of the Website providing the reasons for the request for a refund. We will consider the evidence provided by You and will in Our sole discretion determine whether We will terminate the Freelancer’s Membership.

8.4 You acknowledge that it is Your responsibility as a Freelancer to respond to a Client request for a refund, and that You will immediately review the request and notify Us of the dispute including refund amount requested.

8.5 If You the Freelancer agree to a refund all or part of the contract price to the Client, You must instruct Us to refund all or part of the payment held in the Account, less any fees including Platform Fees You agreed to pay us for hosting the Gig and providing You with access to the Website and the Platform.

8.6 You agree that You must comply with the refund policy contained in this clause.
9. Copyright and intellectual property
9.1 We assert copyright over the Website content, the Platform and all of Our related products. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Website and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, code, scripts, design elements and interactive features) or the Platform are owned or controlled for these purposes, and are reserved by Us or Our contributors.

9.2 All trademarks, service marks and trade names are owned, registered and/or licensed by Us. We grant You a worldwide, non-exclusive, royalty-free revocable license whilst You are a Member to:

9.2.1 Use the Website and the Platform pursuant to the Terms;

9.2.2 Copy and store the Website and the material contained in the Website in Your device’s cache memory; and

9.2.3 Print pages from the website for Your own personal and non-commercial use.

We do not grant You any other rights whatsoever in relation to the Website or the Services.

We expressly reserve all other rights.

9.3 We retain all rights, title and interest in and to the Website and the Platform. Nothing You do on or in relation to the Website or the Platform will transfer any:

9.3.1 Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

9.3.2 A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

9.3.3 A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to You.

9.4 You may not, without Our prior written permission and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way Our Website, the Platform or the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9.5 Where You broadcast, publish, upload, transmit, post or distribute Your content on the Website, then You grant Us a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide license to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
10. Breach
10.1 You are in breach if:

(a) You breach any of the Terms;

(b) You make or receive payments directly;

(c) You encourage or solicit any Member to avoid making payments through Our Website or paying the Platform Fee;
11. Privacy
We take your privacy seriously and any information provided through Your use of the Website and/or Platform are subject to Our Privacy Policy, which is available on Our Website.
12. General Disclaimer
12.1 Nothing in the terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL (or any liability under them) which by law may not be limited or excluded.

12.2 Subject to this clause, except for liability in relation to breach of any non-excludable consumer guarantee or warranty and to the extent permitted by law:

12.2.1 All terms, guarantees, warranties, representations or conditions which are not expressly stated in the terms are excluded; and

12.2.2 We will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services or these terms (including as a result of not being able to use the services or the late supply of the services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

12.3 Use of the Website and the Platform is at Your own risk. Everything on the Website and the Platform is provided to You “as is” and “as available” without warranty or condition of any kind. None of Our affiliates, directors, officers, employees, agents, contributors and licensors make any express or implied representation or warranty about the Platform or any products or services (including Our products or services) referred to on the Website. This includes (but is not restricted to) loss or damage You might suffer as a result of any of the following:

12.3.1 Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

12.3.2 The accuracy, suitability or currency of any information on the Website, the Platform, or any of Our content or related products (including third party material and advertisements on the Website);

12.3.3 Costs incurred as a result of Your use of the Website, the Platform or any of Our products; and

12.3.4 The Platform or operation in respect to links which are provided for Your convenience.

12.4 You acknowledge that Our Website and the Platform are only intended to facilitate the interactions between the Freelancer and the Client and We does not offer any service other than the use of the Platform and We are not liable to you as a result of any use or misuse of the Platform, conduct of the Members or the misuse of Your Content by any party (including other Members).
13. Limitation of liability
13.1 Except for liability in relation to a breach of a non-excludable consumer guarantee or warranty, Our total liability arising out of or in connection with Your use of Our Platform or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to AUD $50;

13.2 You expressly understand and agree that We, Our affiliates, employees, agents, contributors and licensors shall not be liable to You for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused whether in contract or in tort. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

13.3 You acknowledge and agree that We hold no liability to You nor any other person for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You as a result of providing Your Content to the Website.
14. Termination of Membership
14.1 You may terminate Your Membership as a Client before a Freelancer accepts a Gig or after satisfactory completion of a Service.

14.2 You may terminate Your Membership as a Freelancer if You have not accepted a Gig or you have satisfactorily completed a Service.

14.3 We may terminate your Membership if:

14.3.1 You breach any of the Terms;

14.3.2 required to do so by law;

14.3.3 We no longer provide the Platform to Members in the country in which You are resident or from which you use the Platform; or

14.3.4 the Platform is, in Our opinion, no longer commercially viable.

14.4 Subject to local applicable laws, We reserve the right to discontinue or cancel Your Membership at any time and may suspend or deny, in Our sole discretion, Your access to all or any portion of the Website or the Platform without notice if You breach any provision of the Terms or any applicable law or if Your conduct impacts Our name or reputation or violates the rights of those of another party.

14.5 When Your Membership ceases, all of the legal rights, obligations and liabilities that You and We have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
15. Indemnity
15.1 You agree to indemnify Us, Our affiliates, employees, agents, contributors, third party content clients and licensors from and against;

15.1.1 All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your content;

15.1.2 Any direct or indirect consequences of You accessing, using or transacting on the Website or Platform or attempts to do so; and/or

15.1.3 Any breach of the Terms.
16. Dispute Resolution
16.1 This clause applies to a dispute between Us and You in relation to the Terms or Your Membership.

16.2 Compulsory: Neither You nor We may commence any proceedings before a court or tribunal in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought)

16.3 Notice A party claiming that a dispute has arisen must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the dispute.

16.4 Resolution:

On receipt of that notice by that other party, the parties must:

16.4.1 Within ten (10) business days of the notice endeavour in good faith to resolve the dispute expeditiously by negotiation or such other means upon which they may mutually agree;

16.4.2 If ten (10) business days after the date of the notice, the dispute has not been resolved, the parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Law Society of NSW;

16.4.3 The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation;

16.4.4 The mediation will be held at the nominated venue by the mediator, in New South Wales.

16.5 Confidentiality: All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

16.6 Termination of mediation: If two (2) days have elapsed after the start of mediation of the dispute and the dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so. The parties are then free to commence proceedings in a court or tribunal in New South Wales.
17. Venue and Jurisdiction
Our Website and Our Platform is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website or the Platform, You agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales.
18. Governing Law
The terms are governed by the laws of New South Wales. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms or the use of the Platform and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales. You irrevocably submit to the jurisdiction of the courts of New South Wales. The Terms are binding on Your successors heirs and assigns.
19. Independent legal advice
You confirm and declare that the Terms are fair and reasonable and that You have the opportunity to obtain independent legal advice. You confirm that You enter into Membership freely and voluntarily.
20. Severance
If any part of these Terms is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.