Terms of Use

For GigsRemote Websites and Mobile Apps

1. Application

1.1. GigsRemote operates the website and mobile application gigsremote.com (“Website”) and the use of this Website is regulated by these Terms of Use.

1.2. Please read these Terms of Use and all policies referred herein carefully as this is a legally binding agreement between you and GigsRemote for your use of the Website. By clicking “I agree”, “Login”, “Sign Up”, “Register” and similar or when you access and use the Website and/or any part thereof, you agree to these Terms of Use. If you do not agree with these Terms of Use or with any of our policies, please do not use the Website and Website services.

1.3. Your legal relationship is with „Gigs Remote” JSC, a company incorporated under the laws of Bulgaria with company no. 206874567, having its registered seat and address at no. 5 Oborishte street, 3d floor, Sofia, VAT no. BG 206874567 (“GigsRemote”). GigsRemote reserves the right to assign in future the operation of the Website or to transfer, or otherwise dispose of the management of the Website, parts of it or of its business and such change will be notified to you and reflected in these Terms of Use and other policies. Such change will not affect any effective agreement for particular services with GigsRemote unless otherwise agreed or stipulated by law.

1.4. These Terms of Use and other policies apply to all users of the Websites, regardless if they have registered an account or not and regardless if they are Customers or Professionals as defined below. If you are using the Websites or Website services on behalf of a business or legal entity, you confirm and represent that you have authority to do so and to bind such business or entity to these Terms of Use and other policies.

1.5. GigsRemote reserves the right from time to time to make changes to the Website/s, to these Terms of Use and to its other policies by posting a revised version on the Website. Please ensure that you review the Terms of Use regularly as your access or use of the Website after any such changes’ effective date will constitute agreement to the updated Terms of Use and policies.

2. Other Policies and Terms

2.1. The Website and Website services are intended for professional business use only and not for consumers. The Website and Website services help businesses (“Customers”) to find and engage for their projects trusted independent professionals (“Professionals”) via GigsRemote services. In order to use such services, the Customer and GigsRemote shall enter into separate services agreement (“Terms of Service”). Respectively, in order to provide their professional services, the Professional and GigsRemote shall enter into separate services agreement (“Professional Services Agreement”).

2.2. Please read our Privacy Policy carefully before you continue to use the Website or provide us any personal data. We will also specifically ask you to review and agree with our Privacy Policy if you want to register an account.

2.3. The Website may also use cookies and other similar technologies and you will be notified for that. Please see our Cookie Policy for further details and information how we use such cookies.

Unless otherwise specifically provided, any reference to these Terms of Use in this document includes also a reference to the Privacy Policy and other policies and terms between you and GigsRemote.

3. Access and Registration to the Website

3.1. If you want to make full use of the Website and Website services you need to register an account. If you don’t want to use the Website and Website services or if you don’t agree with these Terms of Use or our Privacy Policy you shall not register an account.

3.2. You are allowed to have only one registration and use only one account. You are not allowed to use accounts of any other registered users or to provide third parties with a possibility to use your account. There are generally two types of accounts: Customer’s account for Customers and Professional’s account for Professionals and you shall choose in what role you will use the Website and Website services.

3.3. By registering an account you represent and warrant that: a) you are, at the date of registration, no less than 18 years of age and if you are acting on behalf of a business or legal entity, you have full authority to do so; b) all data and information provided by you is truthful, accurate, up-to-date and complete and you have full right to provide such information; d) you are acting in accordance with all applicable laws and regulations; and e) you otherwise comply with these Terms of Use and other policies.

3.4. You understand that when you submit a registration request to our Website, GigsRemote may contact you with respect to that request and also for the purposes of: introducing you relevant GigsRemote services; identification process; provide you information for projects and engagements; conclusion, performance and execution of an agreement and for other legitimate purposes related with your use of the Website and GigsRemote services. GigsRemote may do that also until you have an account on the Website or services agreement with GigsRemote.

3.5. The registration will be subject to approval and GigsRemote may from time to time conduct additional procedures or request further information and documents to confirm and ensure that your profile is genuine and that the information provided by you is truthful, accurate and up-to-date. For instance, GigsRemote may request from Professionals and Customers evidence of their identity, contact details, legal capacity, applicable authority, education, skills and work experience, recommendations, etc. By making a registration request you are authorising GigsRemote to make further investigation and confirmation, including within public databases, government authorities, agencies, unions and other third parties, of the information provided by you. GigsRemote reserves the right to decline a registration or to suspend access to an account if it does not meet the requirements of these Terms of Use or of any applicable law or if you do not assist in the registration process.

3.6. You are responsible for all activity and information on your account. You shall also treat your user identification, password details and any other access information secure and you shall not disclose it to anyone. GigsRemote is not liable for any use, disclosure or loss of such details and for any use of your account.

3.7. The Website may provide the possibility for registration through a social media website such as Facebook, LinkedIn, or other. These Terms of Use shall apply in such case too, but you are also invited to read our Privacy Policy for further information.

3.8. You may close your account at any time, provided that all your contracts for services and any and all orders are completed and terminated. Your data will then be treated as set out in the Privacy Policy.

3.9. GigsRemote may close and/or permanently delete your account without any further notice, obligation and liability if it is not active or if you are not using any services from GigsRemote for a consecutive period of two years.

4. Information and Materials Provided by You

4.1. In your use of the Website you will provide certain information and materials and you understand that such information and materials may be visible by other users of the Website or may be public. Where available from the functionalities of the Website you may choose which portion of your information and materials will be public and which not.

4.2. You agree that you provide and share information and materials entirely at your own risk and responsibility. In particular, you agree, represent and warrant that: a) you have the right to use, provide and share such information and materials; b) the information and materials are truthful, accurate and up-to-date; c) the information and materials do not violate any law, moral or any third party’s rights (including, but not limited to copyrights, related rights, other intellectual property rights, privacy rights or rights in confidential information); d) such information and materials are not discriminatory or harassing, or sexually explicit, or related to sex work, or misleading, and are not in any way related to child exploitation; and e) the information and materials may be used on the Website and otherwise in accordance with these Terms of Use.

4.3. GigsRemote may use all information and materials provided by you on the Website for all purposes related to the operation of the Website, Website services and GigsRemote business and operations. In our relations you are the owner of the information and materials provided by you on the Website and you grant GigsRemote a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to use, share, reproduce, publish, distribute, transmit, process, publicly broadcast and perform and disseminate such information and materials without any further consent, notice or compensation. This clause does not apply to information and materials you provide with respect to performance of services under services agreement between you and GigsRemote in which case such services agreement will rule.

4.4. You agree, represent and warrant that you will indemnify GigsRemote and any third party against any claims, costs, losses, damages and third-party liabilities, related to or arising out as a result of the information and materials you provide or their use in accordance with these Terms of Use.

4.4. GigsRemote reserves the right to refuse, suspend, delete, terminate or otherwise remove information and materials published on the Website if they violate or threaten to violate any law, moral or anyone’s rights or interests. If you believe that certain information or material available on the Website contains a defamatory statement, constitutes copyright, privacy or other infringement, or violates any law or third party’s rights, please notify GigsRemote immediately by e-mailing to termsofuse@gigsremote.com and, if possible, provide material supporting your complaint. On receipt of such notice GigsRemote will make all reasonable endeavours to investigate your notice within a reasonable time and to take necessary actions.

5. Use of the Website

5.1. GigsRemote grants you a limited right to access and make use of the Website only for your own business use of the services provided by GigsRemote. You are not allowed to: a) use the Website and any of its content for any other purposes whatsoever; b) reproduce, duplicate, copy, sell, retransmit, distribute or otherwise exploit the Website including any of its content; c) make derivative use of the Website or its contents; d) download, copy, reproduce, share, license or provide materials and information from the Website for the benefit of another business; and e) use data mining, robots or similar data gathering and extraction tools.

5.2. You must not misuse the Website by introducing viruses or other material, which is malicious or technologically harmful, attempt to gain unauthorised access to the Website, or attack the Website via a denial-of-service attack. A breach of this provision may constitute a criminal offence and GigsRemote may report such activities to the relevant authorities, without prejudice to other legal means available.

5.3. GigsRemote does not guarantee that the Website and all parts of it will be always available and accessible and that the Website will be free of errors or malfunctions and GigsRemote does not assume responsibility for any such situations to the maximum extent permitted by the applicable law. GigsRemote shall have the right at its sole discretion and without notice to modify the Website, its content or parts of it, or to temporary or permanently suspend the access to the Website.

5.4. You may not create a hyperlink to the Website from another website or document without GigsRemote’s prior written consent.

5.5. The Website may contain links to other websites operated by third parties (“Third-Party Websites”). These links are intended only to provide further information or for convenience. The inclusion on the Website of any link to a Third-Party Website does not mean that GigsRemote approves, endorses or accepts responsibility for that Third-Party Website, its content or use, or the use of products or services made available through it. GigsRemote has not investigated or monitored any Third-Party Websites for accuracy, completeness or conformance with applicable law. GigsRemote is not responsible for any damages or losses caused as a result of your use of, or reliance on, such Third-Party Websites. You use any Third-Party Websites at your own risk. All terms and conditions and policies of the Third-Party Websites you visit will apply to you and we recommend that you read and understand such terms and conditions.

5.6. GigsRemote reserves the right to suspend or terminate your access to the Website (or to portions of it) at any time and to close and/or permanently delete your account without any further notice, obligation and liability, in particular if GigsRemote believes: a) you are in a breach of these Terms of Use or any other applicable policies or agreement with you; b) you are using the Website in any harmful way; c) you are in a breach of applicable law or regulation; d) you fall bankrupt, or pass a resolution for winding up, or cease or threaten to cease to carry on your business, or insolvency proceedings are opened against you, or generally stop paying your creditors, or if any substantially similar event takes place; or g) as otherwise provided in these Terms of Use or other agreement between the parties.

6. Website Ownership

6.1. The Website is property of GigsRemote and all its design, graphics, source code, databases, trademarks, trade names, domains and other intellectual property rights are property of GigsRemote or of its respective licensors. All such intellectual property rights are protected by applicable laws and all such rights are reserved. Except as provided in these Terms of Use, you do not acquire any rights, title or interest in or relating to such intellectual property or to the Website and any use, including the reproduction, modification, distribution, transmission, republication, display or performance of such intellectual property rights or of the Website is not permitted.

6.2. No communication, posting, registration or other action shall constitute a waiver from GigsRemote of any right in or relating to its intellectual property or to the Website, except if expressly provided in writing by GigsRemote.

6.3. If you print off, copy, store or download any part of the Website you must return or destroy any such copies upon closure of your account or termination of services.

7. No Warranty

7.1. GigsRemote and its representatives make no representation or warranty about the Website and Website services, including that they will be uninterrupted or error-free, and provide them on an “AS IS” and “AS AVAILABLE” basis. The Website may not always be available. GigsRemote reserves the right to modify, edit, delete, suspend or discontinue (temporarily or permanently) the Website (or any portion of it) and/or the information, materials and/or services available through it for maintenance, security or improvement purposes or for any other purposes at its own discretion.

7.2. Except as otherwise provided in these Terms of Use GigsRemote excludes to the maximum extent permitted by law, but without limitation all conditions, warranties, representations or other terms relating to the Website, Website services and their use, such as, for instance, those of satisfactory quality, fitness for a particular or any purpose, or ability to achieve any particular result.

7.3. GigsRemote will usually approve/review the profiles on the Website if they are genuine and true. Anyway, GigsRemote may not always review, confirm, monitor, investigate and edit all profiles, their respective content and all information and materials provided or posted on the Website by its users or by third parties and GigsRemote takes no responsibility, representations or warranties of any kind regarding such information and materials and their permitted use.

8. LIMITATION OF OUR LIABILITY

8.1. GIGSREMOTE IN ITS OWN CAPACITY AND ON BEHALF OF ITS REPRESENTATIVES EXCLUDES ANY LIABILITY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER BASIS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE ACCESS OR USE OF THE WEBSITE OR WEBSITE SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS EXCLUSION APPLIES, BUT IS NOT LIMITED TO: LOSSES FROM UNAVAILABILITY OF THE WEBSITE OR TECHNICAL FAULTS WITH THE WEBSITE; LOSS OF DATA; LOSS CAUSED BY DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL; LOSS OF REVENUE OR PROFIT OR ANTICIPATED SAVINGS; LOSS OF BUSINESS OPPORTUNITIES OR REPUTATION, ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES AND SUCH LIABILITY IS EXCLUDED WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE OR ACTUALLY FORESEEN.

8.2. GIGSREMOTE SHALL ONLY BE LIABLE FOR DAMAGES DIRECTLY RESULTING FROM FRAUD, INTENTIONAL MISCONDUCT, A DELIBERATE OR GROSSLY NEGLIGENT BREACH OF ITS OBLIGATIONS UNDER THESE TERMS OF SERVICE. THE TOTAL LIABILITY OF GIGSREMOTE AND ITS REPRESENTATIVES FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF USE WILL NOT EXCEED EUR 15,000.

8.3. THESE LIMITATIONS OF LIABILITY DO NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW.

9. Notices

9.1. You may contact GigsRemote regarding these Terms of Use or your use of the Website by email at termsofuse@gigsremote.com or by written notice to GigsRemote’s registered address above. GigsRemote and you agree that the communication and statements between us will mainly be in electronic form which will have the same legal effect as a handwritten signature and correspondence. Such communication or statements may be submitted at the email addresses provided by each of the parties or GigsRemote may contact you via your user account on the Website or by posting on the Website.

10. Miscellaneous

10.1. You may not transfer, assign or otherwise dispose of any of your rights or obligations under these Terms of Use without GigsRemote’s prior written consent. However, you agree that GigsRemote may assign its rights under these Terms of Use to any third party at its sole discretion.

10.2. No waiver by us of any of the provisions of these Terms of Use will be effective unless it is expressly stated to be a waiver and notified to you in writing. If GigsRemote doesn’t act to enforce a breach of this Terms of Use, that does not constitute a waiver of right to enforce it.

10.3. If any court or competent authority decides that any of the provisions of these Terms of Use is invalid, unlawful or unenforceable under the applicable law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions shall remain in full force and effect.

11. Choice of Law and Jurisdiction

11.1. These Terms of Use and all matters arising or relating to them shall be governed by the law of the Republic of Bulgaria. The courts of that same country shall have exclusive jurisdiction to settle any disputes, which may arise out of or in connection with these Terms of Use.

Effective Date: These Terms of Use are effective from 30 August 2022.