Gigbly general terms and conditions
status as of July 01, 2012
Welcome to Gigbly!
Gigbly is an online platform built by creative people for creative people. Gigbly enables creative job seekers (hereinafter referred to as “job seekers”) and agencies/freelance/companies looking for creativity for their projects etc. (hereinafter referred to as “employers”) to find each others and to work with each other in the scope of contracts concluded between the users (“service contracts”). “Job seekers” can look fors jobs, projects, submit their professional and creative profile. Employers can post projects and compare “seekers” profiles. Gigbly provides the corresponding just the platform for users (job listers and employers) to link eachothers. Job seekers and employers will be collectively also referred to as “users”.
The General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all contracts between users and Gigbly.
1. User contract
2. Service contracts
3. Access to Gigbly
4. Right of cancellation for consumers
5. Use of the online platform
6. Invoicing, payment conditions, credit balance
7. Circumvention prohibition
8. Duration and termination of the contract
9. Consequences of contract violations by users
10. Warranty and liability
§1 user contract
• subject matter of the contract.
This contract shall regulate access to the online platform Gigbly for the purposes described in the preamble of these GTC, where users can introduce themselves and contact each other. Gigbly creates, operates and maintains the online platform; however, it itself does not actively act as an agency / mediator between users. The subject matter of this agreement shall exclude third party services / applications embedded in the platform (e.g. payment processing services). A separate contractual relationship shall be established with such third parties.
• conclusion of contract .
The user concludes a contract with Gigbly by way of the online registration procedure and upon using the activation link in the verification E-mail sent by Gigbly.
• membership and fees.
Access to the online platform is free of charge for job seekers and job poster. Gigbly will offer (after the beta test) several types of both free and paid membership models with a respectively different scope of functions/access rights for users. The applicable prices and the respective scope of services for the membership models will be post in our fee schedule.
• eligible users.
All users must be persons of legal capacity, who are at least 18 years of age. Solely eligible to conclude contracts with Gigbly as providers are those contractors, i.e. natural or legal persons or legally constituted partnerships, who act in an independent professional or business capacity when concluding legal transactions.
• actions of natural persons .
If a natural person does not act on its own behalf, then it shall guarantee to Gigbly that it is authorised or commissioned by the user to execute the respective action.
§2 service contracts
• contract parties
The creation and negotiation of projects, the related contract conclusion and the fulfillment of the contract are solely the responsibility of the participating users. The users are also responsible for ensuring that the projects are in accordance with US law and the law of the respective users. Users shall negotiate their projects independently with each other. For this purpose, Gigbly provides users with the necessary infrastructure; however, Gigbly shall not act as representative of any user and shall not become a contract party in a service contract concluded between a buyer and a provider.
• content of the service contracts
Users are free to formulate the service contracts among themselves as they wish; however, the content of the service contracts may not contradict these Terms and Conditions. The behavior of the users in fulfilling their service contracts influences the reputation of Gigbly. Therefore the users assume an obligation towards Gigbly to comply with and properly execute the concluded service contracts. In particular, this means that any concluded non-disclosure agreements must be observed, unless explicitly agreed otherwise between the service contract parties.
§3 access to Gigbly
• account and profile
Users are required to create an account in order to be able to create a profile and access the online platform. Each user may have a maximum of one account as job seeker and one account as employers. Use of the online platform is only possible if the mandatory information is provided. Users are obliged, inter alia, to specify a user name and a password (“login data”). In addition, users must provide a valid E-mail address, which shall simultaneously serve as the means of communication between the user and Gigbly.
• profile data and updates
The user assures that the data used for the creation of his account and profile is accurate and complete. If a user’s profile data has changed, the user is obliged to immediately update his profile on the online platform. Gigbly has the right to inspect the specified account and profile data; however, it is not obliged to do so.
• confidential processing of login data
The user is obliged to handle his login data with care, to process it confidentially and to prevent abuse of the login data by third parties. In particular, this means that login data must be protected against unauthorised disclosure, alteration, unauthorised access or attacks, regardless of their kind.
• binding user account
The account is bound to the user and may not be transferred to third parties without the explicit consent of Gigbly. Similarly, unless explicitly approved by Gigbly, users are not authorised to allow third parties to access their accounts by using their login data.
• data backup
Users are obliged to perform daily backups of all data (e.g. profile data, project descriptions, offers etc.) related to their use of Gigbly to such extent as is necessary.
§4 right of cancellation for users
Users are free to unregister from Gigbly in any moment just loggin into their personal area and follow instructions for disabling their accounts.
End of the cancellation policy
§5 use of the online platform
• obligation for the observance of legal requirements .
Users can take advantage of various services when using the online platform. This includes, e.g. the function to send messages to other users and the possibility to design one’s own content, in particular, content related to projects and service contracts (e.g. pictures, texts). The user is obliged to observe applicable law while using the online platform (including, in particular, criminal, competition and youth protection law) and not to violate the rights of third parties (in particular trademark rights, copyrights, personal rights and data protection rights). In particular, this also means that the user may not send advertising messages (spam messages in particular) without the consent of the recipient. If the content set up by the user includes hyperlinks to websites of third parties, the user shall ensure that he is authorised to use these hyperlinks and that the websites to which a link is established are compliant with applicable law and the rights of third parties within the context of sentence 3.
• prohibition of fake offers .
It is crucial for Gigbly that only seriously minded offers and bids are published. Therefore, users are prohibited from publishing offers or bids as putative buyers or putative providers, without intending to fulfill such offers or bids.
• recommendation function
When a user wishes to inform a third party about the existence of Gigbly by means of the recommendation function provided on the online platform, this user has to first ensure that the third party agrees to the receipt of this message.
• granting of rights
The user shall grant Gigbly a non-exclusive, temporally and spatially unlimited right of use of the provided content. Gigbly has the right to use and dispose of the content at any time. In particular, this includes reproduction rights, distribution rights, public information rights as well as the right of public accessibility.
• guarantee of proprietorship
The user guarantees that he is the owner of all rights related to the setting up of content on the online platform and that he is legally capable of effectively granting the rights specified in paragraph e. to Gigbly. Furthermore, the user guarantees that the content is not protected by the rights of third parties, who could prevent the contractual granting of rights. Moreover, the user guarantees that the content is already published or that the copyright owner will not take legal action against publications by the user on the online platform. The user guarantees that the use of the content in the scope of this contract does not violate any personal rights of third parties and, in particular, that any represented persons agree to the contractual use of the content.
• indemnity against claims of third parties .
Upon Gigbly’s first request, the user shall release Gigbly from any liability in connection with claims of third parties, including, in particular, claims regarding the violation of copyrights, competition rights, trademark rights, data protection and personal rights, which may arise due to the use of the online platform by the user. The user must immediately notify Gigbly if he receives information that a third party intends to take legal action in connection with the use of the online platform. Gigbly has the right to institute appropriate measures to defend itself against the claims of third parties or to pursue its own claims. The user’s own measures must be agreed with Gigbly in advance. This release of liability also includes the reimbursement of the relevant costs, which Gigbly shall incur/has incurred in the course of asserting its legal rights.
• blocking and deletion of content .
Gigbly is entitled to block access to individual content or to delete this content at any time. This shall apply, in particular, if such content is suspected of violating applicable law or the rights of third parties, or if projects have been fully completed.
• rights to the online platform.
All rights related to the online platform (in particular copyrights) belong to Gigbly. The user is obliged to observe this and undertakes not to use parts of the platform or any other content whatsoever himself – personally or commercially – beyond the options provided to him in the scope of use of the online platform. This means, in particular, that users shall not use data and information that has come to their attention through the online platform beyond communication within the scope of an existing project or the payment for a completed project. In particular, it is prohibited to use such information for advertising, sending unsolicited e-mails or for other unacceptable purposes.
• prohibition of technical interfering with the platform.
The user must abstain from all actions which might manipulate, interfere with and/or overload the operation of the online platform or the supporting technical infrastructure and its functions/means of access. In particular, this includes the following:
• the use of software, viruses, robots, scripts or databases in connection with the use of the online platform
• the blocking, overwriting, modification, copying of data and/or other content, unless this is necessary for the proper use of the online platform.
The up to date contact details of Gigbly are available on the platform. The details indicated in the user profile are deemed as the contact details of the user. Declarations sent to these contact details via E-mail are deemed as received upon sending. The user acknowledges that declarations transmitted via E-mail between him and Gigbly or other users are deemed as absolutely effective declarations of intent. An E-mail is considered as originating from the holder of the sender address, except counterevidence is provided.
§6 invoicing, payment conditions, credit balance
Actually Gigbly is a free on-line platform to edit and seek jobs opportunities. In future, when we’ll add new features, if this will cost to users that want to add new features to the free ones, we’ll provide information about invoicing and payment condition.
§7 duration and termination of the contract
• duration of the contract
Gigbly free features are available to the user till cancellation (by user) .
§8 consequences of contract violations by users
If a users acts in violation of GTC accounts will be terminated.
§9 warranty and liability
Gigbly shall endeavour to provide a failure-free operation of the online platform and allow users access to the stored data. Naturally, this is limited to services within Gigbly’s control. Nonetheless, the user explicitly acknowledges that it is not technically feasible for Gigbly to offer complete, 100% availability. Notwithstanding, Gigbly shall still endeavour to keep the online platform available for as long as possible. Users shall not have the right to file claims regarding availability. In particular, Gigbly reserves the right to restrict access to the online platform, completely or partially, temporarily or permanently, due to maintenance works, capacity considerations and due to events, which are beyond Gigbly’s control. Individual users are also not allowed to pursue claims with regard to the preservation of certain functions and services by Gigbly.
• limitation of liability
In case of slight negligence, Gigbly may only be held liable for the violation of contract-essential obligations (cardinal obligations), for personal injuries and according to the provisions of the Product Liability Law. For the remaining part, Gigbly’s pre-contractual, contractual and extra-contractual liability is limited to intent and gross negligence. This limitation of liability shall also apply in such cases where a vicarious agent of Gigbly is at fault.
• scope and purpose of the collection, processing and use of personal data upon visiting Gigbly’s website
1. upon visiting Gigbly’s website
Each time someone visits our website, our servers temporarily store information about the accessing agent in a log file. In the course of this procedure, the following data is collected and stored, without any action on your part, until the time of automatic deletion: the IP address of the accessing computer, the date and time of access, the name and URL of the retrieved file, the website from which access is made, the operating system of your computer and the browser used by you as well as other technical data, the name of your Internet Access Provider, your language configuration and geographical origin. This data is collected and processed for the purpose of enabling visitors to use our website (to establish a connection), to permanently guarantee the security and stability of the system, to enable the technical administration of the network infrastructure and the optimisation of our internet offer as well as for internal statistical purposes. The IP address shall only be analysed in case of attacks against Gigbly’s network infrastructure and for statistical purposes.
2. upon the registration as a user with Gigbly
Personal data for the creation and completion of the profile on Gigbly is provided on a voluntary basis. Nonetheless, the accurate input of certain data is crucial. This data includes: a user name, a password, your name and if applicable the name of your company, your full address, your E-mail address and telephone number. This data is necessary for the development and administration of Gigbly, for checking the plausibility of the entered data and the user’s legal capacity, i.e. his capacity with regard to the establishment, organisation of content, the maintenance and modification of the contractual relationship in the course of use of Gigbly and for eventual inquiries. Furthermore, this data is essential for the preparation of the content of service contracts concluded via Gigbly.
3. Using Gigbly as a registered user
During the use of Gigbly by registered users, we collect data for statistical reasons to ensure the uninterrupted functionality of Gigbly, to fix malfunctions, for a better understanding of users’ needs and subsequent product optimizations and personalization, and to display such data to other users. This includes, in particular, project postings or bids and if applicable payment information submitted by you and the entire correspondence with other users or with us via Gigbly. Data concerning your membership with Gigbly, if applicable including electronic copies of proof of declarations made in your profile, and your invoices are also stored. In particular, your E-mail address is used to send you e-mails regarding the project status, etc. In case of a separate consent, the E-mail will also be used to inform the user via E-mail about Gigbly or current promotions or participate in surveys for market research purposes or quality assurance.
• forwarding your personal data to third parties
Your personal data is forwarded/displayed to third parties, in particular to other users or affiliated companies, only to the extent that this is permitted by your profile settings, if it is indispensable for the conclusion or processing of service contracts or if it is specially marked as visible to third parties. Information that may be viewed by third parties includes, in particular, information about the projects that were posted or completed via the online platform up to that point of time and any submitted or received evaluations. Beyond that, we shall forward your personal data to third parties only if there is a legal obligation for us to do so, in order to perform credit or address checks, to transmit information to credit reference agencies (for example in case of a contract termination due to delayed payments) and if it is necessary for the assertion of our rights, in particular for the enforcement of claims resulting from the contractual relationship.
• disclosure, correction, blocking and deletion of your data
You may request information about your personal data at any time, or view and change such data in your public profile by logging in to the online platform. Your data shall be deleted upon termination of the contract.
• data security
We apply appropriate technical and organisational security measures in order to protect your personal data against manipulation, partial or full loss and against unauthorised access by third parties. Our security measures are continuously being improved in keeping with technological developments.