FreelanceTeams Private Limited.

Terms of Service

Effective date: May 20, 2019

Last updated: November 06, 2018

These Terms of Service("Terms", "Terms of Service") govern your relationship with www.GigsBoard.in website (“GigsBoard”) operated by FreelanceTeams Private Limited ("us", "we", or "our").

Please read these Terms of Service carefully before using GigsBoard.

By using this Service, you agree that you are above 18 years of age and can legally enter into a legally binding and enforceable contract.

Your access to and use of GigsBoard is conditioned on your acceptance of and compliance with these Terms. TheseTerms apply to all visitors, users and others who access or use GigsBoard.

By accessing or using GigsBoard you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access GigsBoard.

Purchases

If you wish to purchase any product or service made available through GigsBoard ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your shipping information, your Bank account details, your operating/ work location, etc.

You represent and warrant that: (i)you have the legal right to use any bank account(s), credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your purchase at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your purchase or other reasons.

We reserve the right to refuse or cancel your purchase if fraud or an unauthorised or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on GigsBoard. The products or services available on our Service may be mis priced, described inaccurately, or unavailable, and we may experience delays in updating information on GigsBoard and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at anytime without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through GigsBoard 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.

Contracting and Transaction Fees

Several parts of GigsBoard are billed on a Contract Cycle Payment (“Contract Cycle Payment”) basis and Contract Cycle Payment Transaction Fees ("Contract Cycle Payment Transaction Fees") basis.

Contract Cycle Payment Transaction Fees chargeable by GigsBoard is documented in the Pricing Plan section at https:/gigsboard.in/pricing.

While a Contract is ongoing, you will be issued an Advance Payment Instruction (“Advance Payment Instruction”) on a recurring and periodic basis ("Contract Execution Cycle"), with its’ value being pro-rated on the scope and size of Contract Deliverables planned to be delivered during that Contract Execution Cycle. Contract Execution Cycles shall be set by default as bi-weekly (every 2 weeks) basis, but this cycle duration may be modified during the Contract definition after due discussion between the Contract signatories.

At the time of Contract Signing, you shall agree on a mutually agreeable lead time (“Contract Cycle Payment LeadTime”) for making payments against Advance Payment Instructions.

You shall make the Contract Cycle Payment within the prescribed limit of Contract Cycle Payment Lead Time after the issue of the Advance Payment Instruction for that Contract and Contract Cycle.

At the end of each Contract ExecutionCycle, GigsBoard automatically calculates a Final Payment Instruction, based on the scope and size of the Contract Deliverables actually delivered during thatContract Execution Cycle.

A valid payment method, including credit card or PayPal, is required to process the payment for your Transaction.You shall provide GigsBoard with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize GigsBoard to charge all Contract Cycle Payment incurred through your account to any such payment instruments.

Should the your payment against theAdvance Payment Instruction fail to automatically initiate for any reason, GigsBoard will issue an electronic Advance Payment Instruction indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the prescribed limit of Contract Cycle Payment Lead Time as indicated on the Advance Payment Instruction.

Subscriptions

Several parts of GigsBoard are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

Subscription Fees chargeable byGigsBoard is documented in the Pricing Plan section at https:/gigsboard.in/pricing.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or GigsBoard cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting theGigsBoard Customer Support team.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide GigsBoard with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize GigsBoard to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, GigsBoard 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.

Freemium Subscriptions

GigsBoard may, at its sole discretion, offer a Subscription with a free trial ("Freemium") up to a specified Earnings limits for all Service Provider User categories(Freelancer User Types and Agency User Type), and up to a specified Contract Spending limits for Service Recipient/ Business User categories (Business User Type).

Freemium Earning limits applicable to Service Providers (Freelancers and Agencies) on GigsBoard is documented in the Pricing Plan section at https:/gigsboard.in/pricing.

Freemium Spending limits applicable to Service Recipients (Businesses) on GigsBoard is documented in the Pricing Plan section at https:/gigsboard.in/pricing.

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 the Free Trial, you will not be charged by GigsBoard 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, GigsBoard reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Free Trial

GigsBoard may, at its sole discretion, offer a Subscription with a free trial for a limited period of time("Free Trial").

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 the Free Trial, you will not be charged by GigsBoard 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, GigsBoard reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes - Contracts

GigsBoard, in its sole discretion and at any time, may modify the Transaction fee rates for Contracts. Any Transaction fee rate change will become effective for any new Contracts initiated after this date.

Your continued use of GigsBoard after the Transaction fee change comes into effect constitutes your agreement to pay the modified Transaction fee rate.

Fee Changes - Subscriptions

GigsBoard, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

GigsBoard will provide you with a 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 GigsBoard after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Payment Provider Charges

Payment Services on GigsBoard shall be provided by Third Party Payment Service Providers such as: Paypal & Razorpay.

Please read the terms and conditions and privacy policies of such Payment Service Providers, in order to understand their policies.

The GigsBoard Transaction Fees shall include charges raised by Payment Service providers.

Refunds- Subscriptions

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

Refunds – Contracts Cycle Payments and Transaction Fees

Except when required by law, paid Contract Cycle Payments and Contract Cycle Transaction fees are non-refundable.

Refunds – Payment Service Provider Fees

Except when required by law, paid Contract Cycle Payments and Contract Cycle Transaction fees are non-refundable.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to GigsBoard, including its legality, reliability, and appropriateness.

By posting Content to GigsBoard, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through GigsBoard. You retain any and all of your rights to any Content you submit, post or display on or through GigsBoard and you are responsible for protecting those rights.

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 yourContent on or through GigsBoard does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

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 GigsBoard.

You are responsible for safeguarding the password that you use to access GigsBoard and for any activities or actions under your password, whether your password is with GigsBoard or a third-party 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 trade mark 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.

Terms related to Licensing and/or Certification of Professionals

If you choose to interact with any Third party professional in a field requiring license and/or certification, your relationship shall strictly be with the Third Party Professional. GigsBoard is not involved in any way with the substance of that relationship or the advice or information given therein, and GigsBoard does not validate the information or advice provided.

The advice or services provided by all such professionals given above and other requiring license and/or certification is provided for Service Delivery on GigsBoard and other informational purposes only and for no other purposes.

You hereby release and agree to hold harmless FreelanceTeams Private Limited and its affiliated companies and the directors, officers, employees, agents, successors, consultants, assigns etc.of any of the foregoing, from any and all causes of action and claims of anynature resulting from any act, omission, opinion, response, advice, suggestion, information and/or service of any Third Party professional in a field requiring license and/or certification, who may have been accessed from GigsBoard.

Intellectual Property

GigsBoard and its original content(excluding Content provided by users), features and functionality are and will remain the exclusive property of FreelanceTeams Private Limited and its licensors. GigsBoard is protected by copyright, trademark, and other laws in India and foreign countries. Our trademarks and trade address, including but not limited to Domains, Websites, Email addresses, etc, may not be used in connection with any product or service without the prior written consent of FreelanceTeamsPrivate Limited.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by GigsBoard. This may include but not is limited to: CometChat Collaboration & Messenger application, eSignGenie Document Signing software, etc.

GigsBoard shall make all efforts to ensure privacy of data stored on the websites used directly by GigsBoard during its Service delivery.

However, GigsBoard 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 GigsBoard 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

You shall 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 the Terms.

Upon termination, your right to use GigsBoard will immediately cease. If you wish to terminate your account, you may simply discontinue using GigsBoard.

Account Data On Closure

Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and that that any closure of your Account may involve deletion of any content stored in your Account for which GigsBoard will have no liability whatsoever. GigsBoard, inits sole discretion and as permitted or required by law, may retain some or all of your Account information as needed for its effective operations.

Limitation Of Liability

In no event shall FreelanceTeams Private Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use GigsBoard; (ii) any conduct or content of any third party on GigsBoard; (iii) Your use of GigsBoard to perform your custom Services (iv) any content obtained from GigsBoard, either directly or indirectly; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Further, you also agree to hereby release and hold harmless FreelanceTeams Private Limited from any and all causes of action, claims of any nature and damages resulting from the advice of third parties accessed through GigsBoard or from the content hosted on GigsBoard.

Disclaimer of Warranty

FREELANCETEAMS PRIVATE LIMITED MAKES NO WARRANTY WHATSOEVER FOR ANY SERVICES OFFERED ON GIGSBOARD.


GIGSBOARD IS A SERVICE THAT IS OFFERED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS.


GIGSBOARD WILL NOT BE RESPONSIBLE FOR ANY ERROR IN THE SERVICES, CATEGORISATION OF THIRD PARTY PROFESSIONALS ON GIGSBOARD OR INFORMATION PROVIDED BY THIRD PARTY PROFESSIONALS TO YOU THROUGH GIGSBOARD OR ANY OTHER METHOD.


THE GIGSBOARD SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, OR COURSE OF PERFORMANCE.


YOU MUST EXERCISE CAUTION IN DECIDING TO RELY ON INFORMATION PROVIDED BY THIRD PARTY PROFESSIONALS ON GIGSBOARD.


YOUR USE OF GIGSBOARD FOR ANY SERVICES OFFERED IS AT YOUR OWN RISK AND GIGSBOARD WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DELAY, OR INTERRUPTION IN OR IMPROPER USE YOU OR YOUR EMPLOYEES INCUR AS A DIRECT OR INDIRECT OUTCOME OF USAGE OF  GIGSBOARD SERVICES.


GIGSBOARD DOES NOT MAKE ANY GUARANTEES OR ANY REPRESENTATION OR WARRANTY REGARDING THE TIMELINESS, RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF GIGSBOARD SERVICES OR THE APPROPRIATENESS, FITNESS, OR SUITABILITY OF ANY ACTIVITIES TO WHICH GIGSBOARD SERVICES RELATE.


YOU SHALL NOT HAVE ANY CLAIM AGAINST FREELANCETEAMS PRIVATE LIMITED OR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, MANAGERS, MEMBERS, AGENTS OR CONTRACTORS WITH RESPECT TO ANY ADVICE OR SERVICE PROVIDED BY A THIRD PARTY PROFESSIONAL TO YOU TO THE FULLEST EXTENT OF THE LAW.


FREELANCETEAMS PRIVATE LIMITED, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) GIGSBOARD WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) GIGSBOARD IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING GIGSBOARD WILL MEET YOUR REQUIREMENTS.

Indemnification

You shall indemnify, defend and hold harmless FreelanceTeams Private Limited and its members, managers, employees, representatives, agents and affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and attorney's fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against GigsBoard or such party, to the extent that such a claim, suit, action or other proceeding is based on or arises from:

·      Any breach of any representation, warranty, covenant or agreement to be performed by you according to this Agreement.

·      Refusal by you to pay for services provided by Third Party Professionals and other Users on GigsBoard.

·      Any material/content shared by you whether through GigsBoard or otherwise.

Conduct

You agree that while using the services offered on GigsBoard, you will abide by the following rules and regulations:

·      You agree to pay GigsBoard for all services rendered to you and abide by the pricing terms contracted using GigsBoard. You further agree that all engagements onlineor offline will be billed through GigsBoard.

·      You agree to not make any deal or arrangements outside of GigsBoard to have contact with ThirdParty Professionals engaged through GigsBoard.

·      You consent to GigsBoard collecting and processing any personal information, as per the terms of GigsBoard’s Privacy Policy.

·      You agree not to undertake any action to undermine the integrity of the User Feedback& Rating system, and support the related data collection as mandated byGigsBoard.

·      You agree not to be involved in any activity to disrupt servers or computers connected toGigsBoard, gain unauthorized access to servers/computers connected toGigsBoard; transmitting unlawful libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.

·      You will not violate any applicable local, state, national or international law, while using GigsBoard and any related services.

·      You shall not upload, post, e-mail, transmit or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application; or (D) any information or material which may constitute or encourage conduct that is a criminal offense, civil wrong or which otherwise violates any applicable law.

·      You agree that opening any files sent or received across GigsBoard is at your sole risk, and GigsBoard takes no responsibility of the material or content transferred through these files and any damage that may result from opening these files.

·      You shall not stalk, threaten or harass Third Party Professionals or other Users or infringe upon or attempt to infringe upon their privacy.

·      You shall be responsible for your own Internet access, software, and hardware necessary to conduct a consultation with other Users on GigsBoard, including any ThirdParty Professionals.

·      You shall not disobey or breach this agreement or any other instructions issued byGigsBoard.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the India.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court,the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding GigsBoard.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try 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 ourService after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using GigsBoard.

Contact Us

If you have any questions about these Terms, please email us at legal@gigsboard.in