GigsGenie-Terms & Conditions

1. Terms

By accessing the website at https://www.gigsgenie.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law. This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) and BrainPlow Inc. You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our website located at https://www.gigsgenie.com/, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (collectively, the “Site”), all services (except the Freelancer Services), applications and products that are accessible through the Site and all GigsGenie mobile applications that link to or reference this Agreement (“Site Services”) whether provided by us or our Affiliates.
This Agreement includes and hereby incorporates by reference the following: GigsGenie Fee Agreement; Terms of Use; Cookie Policy; Privacy Policy; Freelancer Membership Agreement; GigsGenie Payroll Agreement; Proprietary Rights Infringement Reporting Procedures; “GigsGenie Team” Software License Agreement; API Terms of Use; GigsGenie Widget Terms of Use; Hourly, Bonus, and Expense Payment Agreement with Escrow Instructions; and Fixed-Price Escrow Instructions, as such agreements may be in effect and modified by GigsGenie from time to time (collectively, with this Agreement, the “Terms of Service”). The Terms of Service are available at https://www.gigsgenie.com/terms-and-conditions
Subject to the conditions set forth herein, GigsGenie may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site and will provide reasonable advance notice of any amendment that includes a Substantial Change. If the Substantial Change includes an increase to Fees charged by GigsGenie, GigsGenie will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”). 
Your continued use of the Site or the Site Services after the Effective Date of a revised version of this Agreement or of any other Terms of Service constitutes your acceptance of an agreement to be bound by the Terms of Service as revised. In the event of a conflict between this Agreement and the other Terms of Service, this Agreement will control unless the other Agreement explicitly states that it controls.
YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE. IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY OR AGENCY.

2. Sellers Basics

  1. Sellers create Showcase on GigsGenie to allow buyers to purchase their services
  2. Sellers may also offer Custom Offers to buyers in addition to their Showcase
  3. Each order you sell and successfully complete, accredits your account with a net revenue of 80% of the purchase amount
  4. Sellers may not promote their Showcase or any GigsGenie content via the AdWords platform
  5. The seller's rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels
  6. For security concerns, GigsGenie 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 GigsGenie accounts to a single withdrawal provider

3. Showcase 

  1. Showcase created on GigsGenie are User Generated Content
  2. Showcase may be removed by GigsGenie for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials
    1. Illegal or Fraudulent services
    2. Adult oriented services, Pornographic, Inappropriate/Obscene
    3. Intentional copies of Showcase
    4. Spam, Nonsense, or Violent Gigs
    5. Showcase misleading to buyers
    6. Reselling of regulated goods
    7. Services that extend beyond 30 days of service duration
  3. Showcase that is removed for violations mentioned above may result in the suspension of the seller’s account
  4. Showcase that are removed for violations are not eligible to be restored or edited
  5. Showcase may be removed from our Search feature due to poor performance and/or user misconduct
  6. Showcase may include pre-approved website URLs contained within the Gig description and requirements box. Showcase containing websites promoting content, which violates GigsGenie’s Terms of Service, will be removed
  7. Showcase is required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images is available to all sellers
  8. A statement on the Gig Page that undermines or circumvents these Terms of Service is prohibited
  9. Eligible Showcase in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig

4. Sellers

GigsGenie 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, GigsGenie may reward them with new statuses, special opportunities, benefits, and tools that come with it.

  1. GigsGenie’s sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found.
  2. Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their seller status and the benefits that come with it. For example, late deliveries, warnings to the seller’s account and cancellations can cause a seller to move to a different Level.

5. Seller Features

GigsGenie’s sellers have access to several exclusive features that help customize the way their services can be offered.

6. Custom Offer

  1. Sellers can also send Custom Offers addressing specific requirements of a buyer
  2. Custom Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service
  3. Custom Offers are sent from the conversation page
  4. Services provided through Custom Offers may not violate GigsGenie’s Terms of Service

7. Stock Images

  1. Eligible Showcase has the option to use Stock Images
  2. “Stock Images” is a showcase Extra that allows sellers to choose from an exclusive catalog of images as part of the final delivery of work
  3. Important: Each selected Stock Image is authorized for a one time use. The selected image is integrated with the delivered work only and not as a stand-alone or for recurring use. Sellers are unauthorized to share the original image file with the Buyer or any third party
  4. Important: If you cancel an order that includes a Stock Image, the usage of that Stock Image will be cancelled as well and you will no longer be able to use the Stock Image Extra on the same order.
  5. When using Stock Images, you represent and warrant the following: You may not sell, modify, re-use, re-sell, distribute, display, reproduce or make any other use of the Stock Images.
  6. Stock Image(s) may not be used:
  7. on a stand-alone basis with no other content
  8. for pornographic, defamatory or other unlawful purposes;
  9. as templates used to create multiples copies of the same Gig;
  10. for the purpose of enabling file-sharing of the image file; or
  11. In logos, trademarks, services marks or any other branding or identifiers.
  12. If Stock Images featuring individuals is used in connection with a sensitive, unflattering or controversial subject, you must include a statement that the image is used for illustrative purposes only and the individual is a model.
  13. You may not activate the “right-click” function in Stock Images, remove any metadata in Stock Images, or reverse engineer, decompile, or disassemble the Stock Image(s) to enable the download or use Stock Images on a stand-alone basis.
  14. No ownership or copyrights to Stock Images are granted to you
  15. Users can contact GigsGenie’s customer support department for assistance

8. Digital Signature

By registering for an GigsGenie account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement and the other Terms of Service electronically, effective on the date you register your Account or click to accept the Terms of Service, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms of Service, and any amendments.

9. Consent to Use Electronic Records

In connection with the Terms of Service, you may be entitled to receive certain records from GigsGenie or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.

10. Your Consent and Your Right To Withdraw Consent

By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Terms of Service that we or our Affiliates would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the U.S. Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Site and the Site Services, and you will no longer be permitted to use the Site or the Site Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

11. Keeping Your Address and Email Address Current With Us

In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support. In addition, so that we may communicate with you via the U.S. Postal Service and other third-party mail services, you agree to notify us immediately of any change in your address.

12. Hardware and Software You Will Need To Use The Site Services For Your Business

To access and retain the records and notices we provide to you electronically, you will need: (a) a valid email address; (b) a computer system that operates on a platform like Windows or Mac; (c) a connection to the Internet; (d) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified on the Site (Users utilizing other browsers may experience compatibility difficulties); (e) a Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader; (f) a computer or device and an operating system capable of supporting all of the above; and (g) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By “Current Version”, we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records and notices we send to you electronically.
By accepting and agreeing to this Agreement and the other Terms of Service electronically, you represent that (x) you have read and understand the above consent to receive records and notices electronically; (y) you satisfy the minimum hardware and software requirements specified above; and (z) your consent will remain in effect until you withdraw your consent as specified above.

13. Gigsgenie Account Eligibility

To use the Site and certain Site Services, you must register for an Account. GigsGenie offers the Site and Site Services for your business purposes only, and not for personal, household, or consumer use. To use the Site and Site Services, you must have, and hereby represent that you have, an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation or other entity) and further represent that you intend to use the Site and Site Services for your business purposes only, unless you use the Site and Site Services solely as an employee and Agency Member of a registered Agency Account. You understand that you must comply with any licensing or registration requirements with respect to your business, and you represent that you comply with all such requirements. To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. By registering for an Account, by using the Site or Site Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to: (a) abide by this Agreement and the other Terms of Service; (b) be financially responsible for your use of the Site and the purchase or delivery of Freelancer Services; and (c) perform your obligations as specified by any Service Contract that you enter into, unless such obligations are prohibited by applicable law or the Terms of Service.  GigsGenie reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates the Terms of Service, or for any other reason or no reason in GigsGenie’s sole discretion.
You represent that you are not: (x) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services.

14. Account Registration; Profile

By registering for an account, you must complete a User profile (“Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, the public. If you are a Freelancer, unless you use the Site solely as an employee and Agency Member of a registered Agency Account, you represent and warrant that you use your Profile to market your business to others for the purpose of entering into independent contractor relationships with other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or the services your business provides that is or becomes false or misleading. You agree not to register for more than one Client Account and one Freelancer Account without express written permission from us (except that you may register as an Agency Member of other Accounts as provided below). You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.

15. Identity Verification 

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your business on GigsGenie, if it is a separate legal entity. You authorize GigsGenie, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.

16. Usernames and Passwords

When you register for an Account, you will be asked to choose a username and password for the Account. Each User and any Agency Account Administrator will also be asked to choose the initial username and password for any Agency Account that is added to the Account (and can change the password for the Agency Account at any time). You are entirely responsible for safeguarding and maintaining the confidentiality of your Account or Agency Account username and password. You authorize BrainPlow Inc. to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or Agency Account or any unauthorized access to your password or the password of any User of your Account (or any related Agency Account). You further agree not to use any username, or password of another User of the Site that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account or Agency Account at any time.

17. Buyers Basics

  1. You may not offer direct payments to sellers using payment systems outside of the GigsGenie Order system.
  2. BrainPlow retains the right to use all publically published delivered works for GigsGenie marketing and promotional purposes.
  3. BrainPlow retains the right to use all publically published delivered works for GigsGenie marketing and promotional purposes.
  4. Buyers pay GigsGenie to create an order from a seller’s Showcase page or Custom Offer, using the Order Now (Contact me) button.
  5. In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site or through GigsGenie Anywhere.
  6. Showcase may be purchased using one of the following payment methods: Credit Card, PayPal or GigsGenie Credit.
  7. Processing fees are added at the time of purchase where a buyer can review and accept the total amount requested to pay. These fees cover payment processing and administrative fees. Funds returned to your balance from cancelled orders will not include processing fees paid.
  8. You may not offer sellers to pay, or make payment using any method other than through the GigsGenie.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  9. To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information.
  10. Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Gig price shown on the Gig page

18. Orders Basics

  1. Once payment is confirmed, your order will be created and given a unique GigsGenie order number (#FO).
  2. 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.
  3. 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.
  4. 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.
  5. We encourage our buyers and sellers to try and settle conflicts amongst themselves.

19. Handling Orders

  1. When a buyer orders a Showcase, the seller is notified by email as well as notifications on the site while logged into the account.
  2. 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.
  3. Users are responsible for scanning all transferred files for viruses and malware. BrainPlow Inc. will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  4. 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 status.

20. Reviews

  1. Feedback reviews provided by buyers while completing an order are an essential part of GigsGenie's rating system. Reviews demonstrate the buyer's overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
  2. Leaving a buyer's feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
  3. To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the GigsGenie platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the GigsGenie platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  4. Feedback comments given by buyers are publicly displayed on a seller’s showcase page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
  5. Work Samples are the delivered images and videos sent to a buyer in a delivery message. Work Samples are added to a seller's Live Portfolio on their Showcase page if the buyer chooses to publish the Work Sample while providing a public feedback review.
  6. Withholding the delivery of services, files, or information required to complete the Showcase’s service with the intent to gain favorable reviews or additional services is prohibited.
  7. Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review. If no response is provided within the response period, the order will be considered completed.
  8. Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.

21. Disputes

We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact GigsGenie's Customer Support department for assistance here

22. User Conduct and Protection

GigsGenie enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on GigsGenie reflect the diversity of an expanding Showcase economy. Members of the GigsGenie community communicate and engage through orders, social media, and on GigsGenie’s Community Forums.
GigsGenie maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of GigsGenie. This section relates to the expected conduct users should adhere to while interacting with each other on GigsGenie.
To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

23. Contact Information

Dallas, TX 75254 
Voice: +1-888-764-0100
Fax:   +1-469-250-6600

Presets