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Terms & Agreements

Terms of Service

Posted as of: 28Mar25

Last Updated: 28Mar25

This document is an electronic record in accordance with the Indian Information Technology Act, 2000 (and its amendments) and does not require physical signatures. By accessing or using the Gigzera website and mobile application (collectively, the “Platform”), you agree to be bound by these Terms of Service (“Terms”), our Privacy Policy, and all guidelines and policies referenced herein. If you do not agree with any of these provisions, please do not use the Platform.


1. General Terms & Definitions

• Definitions:

  • •
    Gigzera/We/Our/Us:

    Refers to Gigzera IT Consulting, the legal entity operating this Platform.

  • •
    You/User/Yourself:

    Any natural or legal person accessing or using the Platform who is competent and legally eligible to enter into binding agreements.

  • •
    Third Parties:

    Any person, entity, or website not affiliated with Gigzera.

  • •
    Website:

    The online portal available at gigzera.com.

  • •
    Mobile Application:

    The Gigzera app for smartphones.

• Interpretation & Co-Terminus Nature:

  • • Section headings are provided for organizational purposes only and do not affect the interpretation of the Terms.
  • • These Terms and the Privacy Policy are co-terminus. Termination or expiry of one will result in the termination of the other.
  • • Your use of the Platform constitutes your acceptance of this legally binding agreement without the need for a physical signature.
  • • Amendments:

  • • We reserve the exclusive right to amend or modify these Terms at any time without prior notice. Any changes take effect immediately, and your continued use of the Platform signifies your acceptance of the revised Terms.

  • 2. About Gigzera

    • Company Details:

    • •
      Name:

      Gigzera IT Consulting

    • •
      Address:

      006 Sprinkles, RGA Tech Park, Carmelaram, Sarjapur Rd, Kodathi, 560035

      (This address serves as our official correspondence location.)

    • •
      Email:

      Contact@Gigzera.com

    • •
      Brand Name:

      Gigzera

    • Overview of Services:

    • Gigzera is a technology-driven marketplace designed to connect businesses with skilled freelancers for short-term, project-based work. Our services include:

    • •
      Digital Goods & Services:

      Facilitating projects such as software development, digital marketing, content creation, graphic design, and more.

    • •
      Information & Connections:

      Providing essential insights and facilitating introductions between employers and freelancers.

    • •
      Advanced Matching Technologies:

      Utilizing cloud computing, artificial intelligence, and proprietary algorithms to quickly and efficiently match employers with the right freelancers.

    • •
      Intermediary Role:

      We function solely as an intermediary. While we facilitate connections, we do not guarantee project outcomes or the performance of any freelancer. Our fee is solely for the connection service.


    3. Platform Description & Accessibility

    • •
      Platform Type:

      The Platform is available both as a website and a mobile application, ensuring users can access our services via standard web browsers or mobile devices.

    • •
      Business Model & Target Audience:

      Gigzera operates as a digital marketplace connecting employers with freelancers. Although available globally, our primary focus is on users in the USA and EU, ensuring we meet relevant local regulations and market needs.


    4. Registration and Eligibility

    • •
      Registration Process:

      • To use the Platform, you must register by providing your email address or mobile number. While some account creation methods include social media linkage, please note that as a responsible Platform, we exercise caution regarding automatic social media integration. You must complete registration by verifying your details (for example, via email authentication).

      • The registration process requires you to provide basic details such as your full legal name, mobile number, and, where applicable, other credentials like your designation, company name, profile picture, educational background, certifications, total experience, and skill set.

    • •
      Eligibility:

      • You represent and warrant that you are at least 18 years old and legally capable of entering into binding contracts.

      • If you are a minor, you may use the Platform only with the express consent and supervision of your legal guardian.

      • You agree to comply with all applicable local, national, and international laws and regulations while using the Platform.


    5. User Conduct and Prohibited Activities

    • •
      User Obligations:

      • Provide accurate, true, and current information during registration and update your details as needed.

      • Maintain the confidentiality of your account password and other login credentials; you are solely responsible for all activity under your account.

      • Ensure that the information you provide (name, email, address, mobile number, etc.) is valid and up-to-date.

    • •
      Prohibited Activities:
      You agree not to:

      • Engage in any illegal, fraudulent, or harmful behavior, including but not limited to uploading fake or misleading documents.

      • Interfere with or disrupt the normal functioning of the Platform (e.g., hacking, deploying malware, using deep-linking, robot, spider, or automated tools to access data).

      • Infringe upon the intellectual property rights of others by copying, distributing, or transmitting copyrighted content without permission.

      • Impersonate any person or entity or provide false information during registration or while using the Platform.

      • Share or post content that is defamatory, offensive, obscene, vulgar, or intended to cause harassment.

      • Reverse engineer, modify, or create derivative works of any part of the Platform without prior written consent.

      • Use the Platform in any manner that violates any law, regulation, or the rights of a third party.

      • Posting content that encourages harm, discrimination, or mistreatment based on race, gender, religion, nationality, disability, or any other protected characteristic. Posting content that constitutes harassment, bullying, or incitement to harm.

      • Posting any form of adult content, nudity, or material associated with sex work or escort services.

      • Posting content that involves or promotes child abuse, exploitation, or trafficking.

      • Posting content that violates the Platform's Terms of Service or any other related agreements.

      • Posting content that undermines academic standards or professionalism, such as engaging in cheating, plagiarism, ghostwriting, or misrepresenting someone else’s work as your own.

      • Posting content that is intentionally deceptive, including fake reviews, misinformation, deepfakes, or “fake news” created for personal gain or to manipulate others.

    • •
      Additional Undertakings:

      • You are solely responsible for all content you upload, ensuring that you have the necessary rights and permissions.

      • You authorize Gigzera to use, store, and process your personal information and any published content (including comments, reviews, or ratings) for service personalization, marketing, and promotional purposes.

      • You agree that if you breach any of these obligations, Gigzera may suspend or terminate your account immediately, without notice.

      • Misrepresenting your experience, skills, or qualifications, or those of others.

      • Using generative AI or similar tools to unfairly enhance job proposals or work if restricted by client or third-party rights.

      • Passing off someone else’s identity or profile as your own.

      • Using a misleading or false profile picture.

      • Impersonating others, including Gigzera representatives, or falsely claiming connections with organizations or individuals.

      • Allowing others to use your account or misrepresenting who will perform a job when they will not.

    • •
      Abusing Our Feedback System:

      • Withholding payment or work until you receive positive feedback.

      • Exchanging payment (or any value) for feedback, either directly or with third parties.

      • Coercing another user by threatening negative feedback.

      • Using the feedback system to share views unrelated to the service (e.g., political or religious opinions).

      • Offering or accepting fake services to artificially boost feedback or rating scores (feedback building).

      • Hiring and rating yourself.

    • •
      Restricted Activity:

      • Copying, sharing, or giving away your account.

      • Maintaining multiple accounts or transferring/selling your account without our explicit permission.

      • Bypassing the Platform’s procedures by directly contacting another user or sharing direct contact details before agreeing to a service contract.

      • Adding contact information to job posts, profiles, communications, or other content outside the approved format.

      • Promoting or advertising other organizations, websites, products, or services, or using the Platform to recruit freelancers or clients for another agency without our permission.

      • Bypassing or tampering with any security features or restrictions on the Platform.

      • Using automated mechanisms (e.g., robots, spiders, scrapers) to access or copy content without written permission.

      • Collecting or using identifiable information beyond what is permitted.

      • Overwhelming the Platform with an unreasonable or excessive volume of information.

      • Introducing malware, harmful code, or viruses that could damage the Platform or affect its users.

      • Accessing the Platform through any means other than the provided interface.

      • Framing or linking to the Platform’s services without written permission.

      • Using the Platform to build a similar competing service, poach users, or publish performance or benchmarking analyses.

      • Reverse engineering, deciphering, modifying, or extracting non–open-source source code without our written permission.


    6. Payment and Transaction Terms

    • •
      Payment Gateway & Models:

      • All payments are processed securely through a third-party payment gateway, and you will be subject to their terms for all payment-related aspects.

      • Gigzera supports both recurring subscriptions and one-time purchase transactions. Payments may be made via online payment gateways, offline methods (such as RTGS or bank transfers), or EMI options.

      • International transactions are supported to ensure global accessibility.

    • •
      Fees, Billing, and Refunds:

      • Gigzera charges a service fee for facilitating connections between employers and freelancers. This fee will be clearly displayed at the time of the transaction.

      • Payments must be made promptly as per the billing terms.

      • All fees are final and non-refundable once a transaction is completed. (For example, program or consultancy fees, once paid, cannot be refunded.)


    7. Content, Intellectual Property, and Usage

    • •
      Content Ownership:

      • All text, graphics, user interfaces, images, logos, and software on the Platform are the property of Gigzera IT Consulting or its partners and are protected by copyright and other intellectual property laws.

      • Content provided by users is their own responsibility. You affirm that you have the rights to any content you upload, and Gigzera is not liable for user-generated content that is untrue, inaccurate, or misleading.

    • •
      User-Generated Content:

      • You are granted a personal, non-exclusive, non-transferable, and revocable license to access the content on the Platform.

      • You shall not copy, modify, or distribute any content without the express written permission of the owner.

      • Gigzera reserves the right to suspend or terminate any user account that shares content deemed offensive, misleading, or infringing on the rights of others.


    8. Indemnity

    You agree to indemnify, defend, and hold harmless Gigzera, its directors, officers, employees, agents, and affiliates from any losses, liabilities, claims, damages, or expenses (including legal fees) arising from:

  • •

    Your use of the Platform.

  • •

    Any breach of these Terms or violation of third-party rights.

  • •

    Providing false, inaccurate, or misleading information.

  • •

    Any improper conduct or any act that causes harm to other users or Gigzera.

  • Additionally, you agree not to settle any claims with third parties without Gigzera’s consent and to fully cooperate in any indemnification process at your expense.


    9. Disclaimers and Limitation of Liability

    • •
      Disclaimer of Warranties:
      • • The Platform is provided on an “as is” and “as available” basis, without any warranties (express or implied) regarding its uninterrupted operation, accuracy, or reliability.
      • • Gigzera does not provide professional advice (legal, medical, financial, etc.). Any information on the Platform is for informational purposes only, and you should seek professional guidance as needed.
      • • Your use of the Platform is at your own risk.
    • •
      Limitation of Liability:
      • • Gigzera’s total liability for any claim shall not exceed the amount you have paid for the service in question.
      • • Gigzera is not liable for any indirect, incidental, consequential, or punitive damages (including loss of profits or data), even if advised of the possibility of such damages.
      • • Specifically, Gigzera and its founders, promoters, partners, or associated personnel are not responsible for:
      • • Website inoperability due to connectivity errors, slow internet, or server failures.
      • • Data deletion or delays caused by incorrect information provided by you.
      • • Communication delays or deficiencies in the services managed by Gigzera.
      • • Failures in any other services provided by Gigzera.

    10. Force Majeure

    Gigzera shall not be liable for any delays or failures in performance due to events beyond its control (e.g., natural disasters, acts of war, riots, fires, labor disputes, internet interruptions, technical failures, or any other unforeseen events).


    11. Dispute Resolution, Arbitration, and Governing Law

    • •
      Dispute Resolution:

      • Any dispute should first be addressed by contacting our support team.

      • If unresolved, disputes will be submitted to arbitration by a sole arbitrator appointed by Gigzera. Arbitration proceedings shall be conducted in English, with the seat of arbitration in Nandyal, Andhra Pradesh, India. The arbitrator’s award is final and binding, and arbitration costs will be borne as determined by the arbitrator.

    • •
      Governing Law & Jurisdiction:

      • These Terms are governed by the laws of India.

      • Subject to the arbitration clause, any legal proceedings shall be initiated exclusively in the courts located in Nandyal, Andhra Pradesh.


    12. Term, Termination, and Suspension

    • •
      Term:

      These Terms remain in effect as long as you access and use the Platform.

    • •
      User Termination:

      You may cease using the Platform at any time; however, your obligations incurred prior to termination remain binding.

    • •
      Gigzera Termination:

      Gigzera reserves the right to suspend or terminate your account or access to the Platform at any time, without prior notice, for any reason including breaches of these Terms or provision of false information.


    13. Communication and Notifications

    • •
      Consent to Communication:

      By providing your identity and contact information during registration or while using the Platform, you consent to receive calls, emails, or SMS from Gigzera or its representatives regarding your account, service updates, and important notices.

    • •
      Reporting Issues:

      Should you encounter any discrepancies or issues with the Website or content, you may report these to Gigzera at Contact@Gigzera.com. Resolution times may vary based on the nature and scope of the investigation.


    14. Data Retention and Privacy

    • •
      Data Retention:

      Your personal data is retained only as long as necessary to provide our services and comply with legal obligations.

    • •
      Privacy:

      Please refer to our Privacy Policy for details on how we collect, use, store, and protect your personal information. We employ industry-standard security measures to safeguard your data.


    15. Modifications to the Terms

    Gigzera reserves the right to modify these Terms at any time. Any significant changes will be communicated by updating the “Last Updated” date and, when necessary, via email. Your continued use of the Platform after such modifications indicates your acceptance of the revised Terms.


    16. Miscellaneous Provisions

    • •
      Entire Agreement:

      These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and Gigzera regarding your use of the Platform, superseding all prior communications.

    • •
      Waiver:

      Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other.

    • •
      Severability:

      If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

    • •
      Contact Us:

      If you have any questions, concerns, or require further clarification regarding these Terms, please contact us at Contact@Gigzera.com.

    By accessing or using the Gigzera Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.


    TERMS AND CONDITIONS FOR NON DISCLOSURE

    These Terms and Conditions (“Terms”) govern your use of the Gigzera website and any related platforms (collectively, the “Website”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use the Website.


    1. Introduction

    Gigzera is an IT work platform that connects clients with qualified freelancers and preferred partners. In using the Website, you may access sensitive and proprietary information related to our business operations, client engagements, and project requirements (collectively, “Confidential Information”). These Terms set forth your obligations regarding such Confidential Information.


    2. Definitions

    • Confidential Information: All non-public, proprietary information disclosed by Gigzera on the Website in any form—whether oral, written, electronic, or otherwise. This includes, but is not limited to, documents, contracts, financial models, trade secrets, client data, technical information, proposals, designs, and marketing strategies. Information disclosed orally must be summarized in writing within five (5) business days and clearly marked as confidential.
    • User: Any person who accesses or uses the Website.
    • Affiliate: Any entity that controls, is controlled by, or is under common control with a Party.

    3. Non-Disclosure and Use Restrictions

    • Use Limitation: Any Confidential Information provided on the Website is for your internal evaluation and engagement with Gigzera’s services only. You agree not to use such information for any other purpose.
    • Non-Disclosure: You shall not disclose any Confidential Information to any third party without Gigzera’s prior written consent, except as required by law.
    • Protection Measures: You agree to employ reasonable measures—at least as protective as those used for your own confidential information—to prevent unauthorized access, use, or disclosure of the Confidential Information.
    • Record-Keeping: You are responsible for maintaining accurate records of all individuals who access any Confidential Information you receive through the Website.
    • Restrictions on Use: You shall not reproduce, distribute, modify, reverse engineer, or otherwise exploit any Confidential Information for your benefit or for that of any third party. This includes the use of Gigzera’s website design, look, feel, or functionalities for purposes not expressly authorized.

    4. Non-Competition and Non-Solicitation

    • For a period of two (2) years following your last use of the Website, you agree not to directly contact, solicit, or engage any client introduced through the Website in a manner intended to bypass or undermine Gigzera’s role in facilitating the engagement.

    5. Exclusions from Confidential Information

    • Was in your possession prior to its disclosure by Gigzera without any obligation of confidentiality.
    • Becomes publicly available through no breach of these Terms by you; or
    • Is independently developed by you without reference to or use of Gigzera’s Confidential Information.

    6. Term and Termination

    • These Terms are effective as of the Effective Date and remain in effect indefinitely, unless terminated as provided herein.
    • Gigzera reserves the right to suspend or terminate your access to the Website at any time, with or without notice, for any reason—including for breaches of these Terms.
    • Notwithstanding termination, your obligations regarding confidentiality, non-competition, and non-solicitation shall survive indefinitely.

    7. Remedies for Breach

    • Injunctive Relief: You acknowledge that any breach of these Terms may cause irreparable harm to Gigzera, entitling Gigzera to seek injunctive relief in addition to other legal remedies.
    • Liability for Damages: You agree to be liable for any damages arising from unauthorized disclosure or misuse of Confidential Information, including lost profits, replacement costs, and reputational harm.

    8. Return or Destruction of Confidential Information

    • Upon request by Gigzera or upon termination of your access to the Website, you agree to promptly return all tangible materials containing Confidential Information or securely destroy such materials and certify in writing that the destruction has been completed.

    9. No License or Ownership Rights

    • No License Granted: Nothing in these Terms grants you any rights, by license or otherwise, under any intellectual property rights of Gigzera.
    • Retention of Ownership: All Confidential Information remains the exclusive property of Gigzera. Your access to the Website does not constitute any transfer of title or rights.
    • Pre-Existing Rights: Any information you independently developed or possessed prior to accessing the Website remains your property.

    10. Governing Law and Dispute Resolution

    • Governing Law: These Terms shall be governed by and construed in accordance with the laws of India.
    • Jurisdiction: Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts located in Nandyal, Andhra Pradesh, India.
    • Dispute Resolution: In the event of a dispute, the parties agree to first attempt resolution through good faith negotiations. Failing such resolution, disputes shall be resolved by arbitration in accordance with Indian arbitration laws, conducted in English and held in Nandyal, Andhra Pradesh.

    11. Miscellaneous

    • Entire Agreement: These Terms constitute the entire understanding between you and Gigzera regarding your use of the Website and supersede all prior communications.
    • Amendments: Gigzera reserves the right to amend these Terms at any time. Continued use of the Website constitutes acceptance of the updated Terms.
    • Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
    • Waiver: Gigzera’s failure to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision.
    • Assignment: You may not assign or transfer your rights under these Terms without Gigzera’s prior written consent.

    Acknowledgement

    By accessing and using the Gigzera Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. Any matters not expressly covered herein will be addressed in a separate Statement of Work (SOW) at Gigzera’s sole discretion.


    TERMS AND CONDITIONS FOR THE FREELANCER

    This Terms and Conditions is entered into by and between: Gigzera and Freelancer (“Freelancer”) – as registered on the Gigzera work platform.

    By using the Gigzera platform, Freelancer agrees to be bound by the following terms and conditions. Any additional or alternative terms proposed by Freelancer are hereby rejected unless explicitly set forth in an approved SOW.


    1. SCOPE OF SERVICES

    a. Services Provided: Freelancer agrees to provide IT consulting services (“Services”) as detailed in one or more SOWs.

    b. Statement of Work: The particulars of each project—including hours, milestones, deliverables, timelines, and performance metrics—will be documented in a separate SOW. The SOW is incorporated herein by reference and shall prevail on any matter not expressly addressed in this Agreement.


    2. PAYMENT TERMS

    a. Compensation: Payment will be rendered following a demonstration (“Demo”) of completed work and subsequent client acceptance, which shall be determined solely at Gigzera’s discretion.

    b. Milestone Payments: For projects exceeding three (3) months in duration, payment will be made based on the milestone breakdown specified in the applicable SOW.

    c. Invoicing and Payment: Freelancer shall submit invoices according to achieved milestones. Gigzera will process payments within stipulated period upon receipt of an invoice, subject to client acceptance of the work delivered.


    3. FREELANCER OBLIGATIONS

    a. Compliance: Freelancer agrees to strictly comply with all policies, procedures, and guidelines established by Gigzera on its work platform.

    b. Performance: Freelancer shall perform the Services in a professional, diligent, and timely manner in accordance with industry standards and the requirements specified in the applicable SOW.


    4. HOURS OF WORK

    The required number of hours and any scheduling requirements shall be set forth in the applicable SOW. Freelancer is responsible for accurately recording and reporting work hours per Gigzera’s policies.


    5. INDEPENDENT CONTRACTOR STATUS

    a. Relationship: Freelancer is engaged as an independent contractor. Nothing in this Agreement shall create an employer-employee relationship, partnership, or joint venture.

    b. Taxes and Benefits: Freelancer is solely responsible for all applicable federal, state, and local taxes, insurance, and any statutory obligations arising from compensation received.


    6. CONFIDENTIALITY AND NON-DISCLOSURE

    a. Confidential Information:During the term of this Agreement, the Parties may exchange confidential information. Freelancer agrees not to disclose or use such information except as necessary to perform the Services.

    b. Duration: The confidentiality obligations shall survive termination of this Agreement for two (2) years.


    7. INTELLECTUAL PROPERTY

    a. Ownership:Upon receipt of full payment, all work products, deliverables, and any related materials produced under this Agreement shall become the exclusive property of Gigzera.

    b. Pre-existing Materials:Any pre-existing materials used by Freelancer shall remain Freelancer’s property; however, all modifications, enhancements, or integrations performed pursuant to the Services are deemed work-for-hire and shall be owned exclusively by Gigzera.


    8. WARRANTIES AND REPRESENTATIONS

    a. Quality and Compliance: Freelancer warrants that all Services will be performed in a professional and workmanlike manner and in compliance with applicable industry standards.

    b. No Conflicts: Freelancer represents that the execution and performance of this Agreement does not breach any other contractual or legal obligations.


    9. INDEMNIFICATION

    Freelancer agrees to indemnify, defend, and hold harmless Gigzera, its affiliates, and their respective directors, officers, and employees from any and all claims, damages, losses, liabilities, or expenses arising from Freelancer’s negligence, willful misconduct, or breach of this Agreement.


    10. LIMITATION OF LIABILITY

    Except in cases of gross negligence or willful misconduct, neither Party shall be liable for any indirect, incidental, or consequential damages arising from or related to this Agreement.


    11. TERM AND TERMINATION

    a. Term: This Agreement shall commence on the Effective Date and continue until the Services are completed as set forth in the applicable SOW.

    b. Termination: Either Party may terminate this Agreement upon thirty (30) days’ written notice. In the event of termination, Freelancer shall be compensated for all Services performed up to the termination date, subject to client acceptance and invoicing procedures at Gigzera’s sole discretion.


    12. DISPUTE RESOLUTION

    a. Good Faith Negotiation: The Parties agree to attempt to resolve any disputes arising from this Agreement through direct negotiation in good faith.

    b. Arbitration: If disputes cannot be resolved through negotiation, they shall be submitted to binding arbitration. The arbitrator shall be appointed by Gigzera, and any costs incurred shall be allocated as directed by the arbitrator. The arbitration proceedings shall be conducted in English, and the seat of arbitration shall be Nandyal, Andhra Pradesh.


    13. GOVERNING LAW AND JURISDICTION

    This Agreement shall be governed by and construed in accordance with the laws of India. The Parties hereby irrevocably consent to the exclusive jurisdiction and venue of the courts located in Nandyal, Andhra Pradesh for any matters not subject to arbitration.


    14. MISCELLANEOUS

    a. Entire Agreement: This Agreement, including any SOWs, constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements or representations.

    b. Amendments: Any amendments or modifications must be in writing and agreed to by both Parties.

    Parties. Gigzera reserves the right to unilaterally propose modifications, which, upon Freelancer’s continued use of the platform, shall be deemed accepted.

    c. Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

    d. Notices: All notices must be provided in writing and delivered to the addresses listed above or to any address later designated by either Party in writing.

    e. SOW Supremacy: Any terms or conditions not expressly covered by this Agreement shall be governed solely by the applicable SOW, which shall be at Gigzera’s sole discretion.


    By registering on and using the Gigzera platform, the Freelancer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions, and accepts that any additional terms will be solely defined in the applicable SOW.


    TERMS AND CONDITIONS FOR THE VENDOR

    This Terms and Conditions for the Vendor is entered into by and between: Gigzera 006 Sprinkles, RGA Tech Park, Carmelaram, Sarjapur Rd, Kodathi, – 560035, India (“Gigzera” or the “Company”, including its successors and assigns) and the Vendor, who by registering on and using the Gigzera platform, unconditionally agrees to the following terms and conditions. Any additional or alternative terms proposed by the Vendor are hereby rejected unless expressly set forth in an approved SOW.


    1. PURPOSE AND BUSINESS RELATIONSHIP

    a. Purpose: Gigzera operates as an IT work platform connecting clients with qualified vendors to submit competitive quotations for IT projects. This Agreement governs the terms under which vendors may participate by submitting quotations. Once a quotation is approved by a client, the work will be executed under a separate SOW.

    b. Business Relationship: Vendor participation is strictly transactional. Gigzera provides the platform and infrastructure for vendors to access client projects and retains the exclusive right to determine all project engagements. Nothing in this Agreement shall grant the Vendor any rights beyond those explicitly stated herein.


    2. SCOPE OF SERVICES AND DELIVERABLES

    a. Project-Specific Engagement: For each project, the detailed scope of work will be defined in a separate SOW. The SOW shall include:

    • A comprehensive description of the IT product or service to be provided.
    • Quality standards, performance criteria, and applicable deadlines.
    • Any other specific requirements, timelines, and milestones.

    b. Additional Requirements: Any matters not expressly covered in this Agreement shall be addressed solely in the applicable SOW, at Gigzera’s sole discretion.


    3. PAYMENT AND PAYMENT TERMS

    a. Pricing and Fees: For each project, the Vendor’s approved quotation, along with the applicable payment terms (including total amount, schedule, and milestones), will be specified in the SOW. Gigzera’s service charge will be added to the Vendor’s quotation.

    b. Invoicing and Payment: The Vendor shall issue invoices as outlined in the applicable SOW upon achievement of designated milestones. Gigzera will process payments within the timeframe specified in the SOW, subject to client approval of the delivered work.


    4. RIGHTS & OBLIGATIONS OF THE PARTIES

    a. Obligations of Gigzera (Company):

    • Gigzera reserves the exclusive right to receive and review vendor quotations based on client requirements and to make final selections for project engagements.
    • Gigzera shall provide clear and complete project details and requirements via the applicable SOW.
    • Gigzera may, at its sole discretion, impose a platform or service fee on each approved vendor quotation.
    • Gigzera may terminate any SOW or this Agreement for any breach by the Vendor.

    b. Obligations of the Vendor:

    • The Vendor shall provide IT services in a professional, workmanlike manner and strictly in accordance with the specifications, quality standards, and deadlines set forth in the applicable SOW.
    • The Vendor shall comply with all Gigzera policies, procedures, and guidelines as published on the platform.
    • The Vendor shall safeguard all confidential and proprietary information provided by Gigzera or its clients and use such information solely for fulfilling obligations under this Agreement and any SOW.
    • The Vendor shall not copy, transfer, or misuse any data or information of Gigzera without Gigzera’s explicit written consent.
    • The Vendor agrees to indemnify and hold Gigzera harmless from any claims, damages, or losses arising from the Vendor’s negligence or breach of this Agreement.

    5. WARRANTIES AND REPRESENTATIONS

    • The Vendor represents and warrants that it is fully authorized to enter into this Agreement and perform the obligations hereunder.
    • The Vendor further warrants that all services will be performed in accordance with industry standards and in a professional and workmanlike manner.

    6. INDEMNIFICATION AND LIMITATION OF LIABILITY

    a. Indemnification:

    The Vendor agrees to indemnify, defend, and hold harmless Gigzera, its officers, employees, agents, and clients from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

    • Any breach of this Agreement or the applicable SOW;
    • The Vendor’s negligence, willful misconduct, or misrepresentation; or
    • Any third-party claim related to the services provided.

    b. Limitation of Liability:

    Except in cases of gross negligence or willful misconduct, neither Party shall be liable for any indirect, incidental, consequential, or punitive damages arising out of this Agreement or any SOW.


    7. FORCE MAJEURE

    Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to events beyond its reasonable control, including but not limited to natural disasters, acts of government, labor disputes, or other circumstances beyond the affected Party’s control.


    8. INTELLECTUAL PROPERTY RIGHTS

    a. Ownership: Unless otherwise expressly provided in the applicable SOW, all intellectual property rights arising from work performed under this Agreement shall be owned exclusively by Gigzera or its client, as applicable.

    b. Pre-Existing Materials: If the Vendor incorporates any pre-existing intellectual property into its deliverables, such materials must be identified in the applicable SOW. The Vendor retains ownership of its pre-existing IP; however, any modifications or enhancements made specifically for the project will be deemed work-for-hire and become the exclusive property of Gigzera or its client.


    9. CONFIDENTIALITY

    a. Confidential Information: Each Party acknowledges that it may receive confidential or proprietary information from the other Party. “Confidential Information” includes, without limitation, client data, technical details, pricing, project specifications, and any other non-public information designated as confidential.

    b. Obligations:

    The Vendor agrees to:

    • Use Confidential Information solely for the purpose of fulfilling its obligations under this Agreement and the applicable SOW.
    • Not disclose Confidential Information to any third party without Gigzera’s prior written consent, except as required by law.
    • Implement reasonable security measures to protect the confidentiality of such information.

    10. TERM AND TERMINATION

    a. Term: This Agreement shall commence on the Effective Date and continue until terminated by Gigzera. Each SOW executed under this Agreement will have its own term as defined therein.

    b. Termination: Gigzera may terminate this Agreement or any individual SOW at its sole discretion upon written notice to the Vendor. Termination shall not relieve the Vendor of obligations incurred prior to termination, including the obligation to complete any work accepted by a client.


    11. MISCELLANEOUS PROVISIONS

    • Notices: All notices and communications under this Agreement shall be in writing and sent to the addresses provided by Gigzera. Notices may be delivered via electronic mail or any mutually agreed method.
    • Waiver: No waiver by Gigzera of any breach by the Vendor shall be deemed a waiver of any subsequent breach.
    • Severability: If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
    • Assignment: The Vendor may not assign its rights or obligations under this Agreement without Gigzera’s prior written consent.
    • Governing Law and Jurisdiction: This Agreement shall be governed by the laws of India. The Vendor irrevocably consents to the exclusive jurisdiction and venue of the courts located in Nandyal, Andhra Pradesh, India for any disputes not subject to arbitration.
    • Entire Agreement: This Agreement, together with any applicable SOW, constitutes the entire agreement between the Parties and supersedes all prior communications, agreements, or understandings.
    • Dispute Resolution: Any disputes arising out of or in connection with this Agreement shall first be resolved amicably. Failing resolution, disputes shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996, with arbitration proceedings held in Nandyal, Andhra Pradesh and conducted in English.
    • Amendments: This Agreement may only be amended by a written instrument executed by Gigzera. Continued use of the Gigzera platform by the Vendor constitutes acceptance of any modifications made by Gigzera.

    By registering on and using the Gigzera platform, the Vendor acknowledges that it has read, understood, and agrees to be bound by the terms and conditions of this Agreement. Any matters not explicitly covered herein will be addressed in the applicable SOW, at Gigzera’s sole discretion.

    This is effective upon the Vendor’s registration on the Gigzera platform. No separate signature or additional vendor information is required.

    ×

    Privacy Policy

    Privacy Policy

    Effective Date: [Insert Date]

    1. Introduction

    Gigzera IT Consulting (“Gigzera”, “we”, “our”, or “us”) is committed to safeguarding your personal information. This Privacy Policy explains the types of data we collect when you use our website and mobile application (the “Platform”), how that data is managed, and the measures we employ to secure it. This policy applies to all users of our Platform and is intended to offer a clear understanding of our privacy practices.

    2. Information We Collect

    2.1 Personal Information

    We collect personal data that identifies you as an individual. This includes:

    • •
      Contact Information:

      Your full name, email address, mobile number, and postal address. These details enable us to manage communications and account-related correspondence.

    • •
      Profile Information:

      Data such as your job title, company name, profile picture, educational background, certifications, professional experience, and skill set. This information helps us tailor your experience on the Platform and support effective matching between employers and freelancers.

    • •
      Account Credentials:

      Information such as your chosen username and password, which is necessary to create and secure your account.

    • •
      Payment Information:

      Details required for processing transactions (handled via secure, third-party payment systems), including billing addresses and transaction records.

    • •
      Usage Data:

      Technical data including your IP address, browser type, operating system, device information, and logs of your interactions on our Platform. This data is captured automatically as you navigate through our services.

    2.2 Non-Personal Information

    In addition to personal data, we collect non-identifying information that does not directly reveal your identity. This includes:

    • •
      Aggregated Data:

      Statistical and analytical information derived from user interactions on the Platform, such as usage patterns and traffic trends.

    • •
      Technical Information:

      Data collected through cookies and similar technologies that support performance analysis, system diagnostics, and enhancements to the overall user experience.

    3. How We Use Your Information

    The information we collect is used for multiple operational purposes, including:

    • •
      Service Provision:

      To create and maintain your account, process transactions, and enable you to access our services.

    • •
      Platform Improvement:

      To analyze usage trends, monitor system performance, and develop new features that enhance functionality and user experience.

    • •
      Personalization:

      To tailor content and features to your preferences, ensuring a customized interaction with our Platform.

    • •
      Communication:

      To send you notifications, service updates, support messages, and, where applicable, marketing communications about new features or offerings.

    • •
      Legal and Security Compliance:

      To comply with legal obligations, respond to lawful requests, and protect our rights and the security of our Platform.

    4. Sharing and Disclosure

    We share your information only in specific circumstances and under controlled conditions:

    • •
      Service Providers:

      Your data may be shared with reputable third-party service providers (e.g., payment processors, hosting services, analytics firms) who perform functions on our behalf. These partners adhere to strict confidentiality and data protection standards.

    • •
      Legal Requirements:

      We may disclose information if required to do so by law, in response to legal processes such as subpoenas, court orders, or governmental requests, ensuring compliance with applicable regulations.

    • •
      Business Transactions:

      In events such as mergers, acquisitions, or asset sales, your information might be transferred to the acquiring entity. In such cases, the recipient is bound by obligations to maintain your privacy as described herein.

    • •
      Consent-Based Sharing:

      We may share your data with third parties if you have provided explicit consent for a specific purpose.

    5. Data Security

    We implement robust security measures to protect your data from unauthorized access or disclosure. These measures include:

    • •
      Encryption:

      Sensitive data is encrypted during transmission and storage to prevent interception or unauthorized access.

    • •
      Access Controls:

      Access to personal data is restricted to authorized personnel only, based on role and need.

    • •
      Regular Audits:

      We periodically review our security practices and update our protocols to ensure ongoing protection.

    • •
      Physical Security:

      Our data centers and servers are housed in secure facilities with controlled access to protect against physical breaches.

    6. Data Retention

    We retain your personal information only for the duration necessary to fulfill the purposes for which it was collected. Retention periods vary based on the type of data and legal obligations. When data is no longer required for service provision or compliance, we follow secure deletion or anonymization processes to prevent further use or disclosure.

    7. Your Rights and Choices

    You have rights regarding the personal data we hold about you. These rights include:

    • •
      Access and Correction:

      You may request to review and update your personal information if you find any inaccuracies.

    • •
      Deletion:

      You can request that we remove your data, subject to any legal or contractual restrictions that may require retention.

    • •
      Restriction and Objection:

      In certain circumstances, you have the right to limit how we process your information or object to specific processing activities.

    • •
      Data Portability:

      Where applicable, you may request a copy of your data in a structured, commonly used, and machine-readable format.

    To exercise these rights, you may contact us at Gigzera@gmail.com.

    8. Children’s Privacy

    Our Platform is intended for users who are 18 years of age or older. We do not knowingly collect personal data from minors. In the event that data from a minor is inadvertently collected, we will take prompt steps to delete it, ensuring compliance with applicable privacy regulations.

    9. Changes to This Privacy Policy

    We may update this Privacy Policy periodically. When updates occur, the revised version will be posted on our Platform with an updated “Effective Date.” Continued use of our Platform after such changes indicates your acceptance of the new terms.

    10. Contact Information

    If you have any questions, concerns, or requests regarding this Privacy Policy or your personal data, please contact us at:

    Gigzera IT Consulting

    Email: Gigzera@gmail.com

    Cookie Policy

    Effective Date: [Insert Date]

    1. Introduction

    This Cookie Policy explains how Gigzera uses cookies and related tracking technologies on our website and mobile application (the “Platform”). This policy provides detailed information on the types of cookies we use and how you can manage them.

    2. What Are Cookies?

    Cookies are small text files stored on your device by a website. They enable the Platform to remember your interactions and preferences, and help improve the overall user experience by retaining session information and enhancing navigation.

    3. How We Use Cookies

    We deploy cookies for various functional and analytical purposes, including:

    • Essential Cookies: These are necessary for the core functionality of the Platform, such as maintaining secure sessions, enabling login features, and ensuring smooth navigation across pages.
    • Analytics and Performance Cookies: These cookies record information about how users interact with the Platform, including page visits and error messages. This information assists us in understanding usage patterns and improving the performance and reliability of our services.
    • Functionality Cookies: These cookies store your preferences (such as language settings and login details) to provide a more personalized experience during subsequent visits.
    • Advertising and Marketing Cookies: These cookies are used to serve targeted advertisements and measure the effectiveness of our marketing efforts. They may also be used by third-party advertising partners to display ads based on your browsing activity.

    4. Types of Cookies We Use

    • Session Cookies: Temporary cookies that are automatically deleted when you close your browser. They help manage your session as you navigate our Platform.
    • Persistent Cookies: Cookies that remain on your device for a set period or until you manually remove them. They store preferences and other information across browsing sessions.
    • First-Party Cookies: Cookies that are set directly by our Platform and are only accessible by us.
    • Third-Party Cookies: Cookies that are set by external partners (such as analytics or advertising providers) whose services are integrated into our Platform.

    5. Managing Cookies

    You have control over cookie settings through your browser. Most browsers provide options to:

    • Accept or block cookies.
    • Delete cookies stored on your device.
    • Adjust cookie preferences to restrict or allow cookies from specific websites. Note that modifying your cookie settings may impact the functionality and performance of the Platform.

    6. More Information About Cookies

    For additional details on cookies, including instructions on how to manage and delete them, you can consult external resources such as www.allaboutcookies.org.

    7. Changes to This Cookie Policy

    This Cookie Policy may be revised periodically. The updated policy will be posted on our Platform with a revised “Effective Date.” Your continued use of our Platform following any changes constitutes acceptance of the updated policy.

    8. Contact Information

    For any questions or concerns regarding our use of cookies, please contact: Gigzera IT Consulting

    Email: Gigzera@gmail.com


    By using the Gigzera Platform, you acknowledge that you have read and understand the terms set forth in both this Privacy Policy and Cookie Policy.

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