Terms and Conditions
| This Terms of Service Agreement ("Agreement") contains important information about your legal rights, obligations, and remedies and is a legally binding agreement between you ("You" or "User") and EnergyGigs Inc. ("EnergyGigs", "We", or "Us"). This Agreement establishes all of the terms and conditions applicable to Your use of EnergyGigs's services, which include without limitation access to EnergyGigs's website, online platform, communication tools, recruitment and vetting of Users as applicable, online service to post and search employment opportunities ("Job Board"), and payment services (the "Services"). You understand that by using EnergyGigs's website or Services You agree to be bound by this Agreement and any addenda or amendments thereto. | ||||||
| About the Services | ||||||
| The Gig-Related Services are designed to connect freelancers in the energy industry ("Freelancer") with companies in the energy industry looking to hire freelancers for discrete projects ("Client"). The Gig-Related Services offer a platform for communication between Freelancers and Clients and to facilitate payments from Clients to Freelancers upon completion of gigs. | ||||||
| The online service to post and search employment opportunities and related Services ("Job Board") is intended only for use by individuals seeking employment and/or career information ("Job Seekers") and by employers seeking employees for hire in the energy industry ("Employers"). The Job Board connects Job Seekers with Employers looking to hire an employee and provides a platform for the exchange of resumes and job-related information. | ||||||
| EnergyGigs does not guarantee the quality or qualifications of Freelancers, Job Seekers, Clients, or Employers. Though EnergyGigs reviews applicants and makes reasonable efforts to ensure eligibility to participate in the Services, we do not vouch for any Freelancers, Job Seekers, Clients, or Employers. EnergyGigs does not make any warranty, guarantee, or representation as to the ability, competence, quality, or qualifications of any Freelancer or Job Seeker. EnergyGigs does not preform background checks or drug screenings. We do not endorse any User and we do not sanction statements that any User makes on the platform. | ||||||
| EnergyGigs does not guarantee the work provided by Freelancers or Job Seekers. Freelancers and Job Seekers are neither the employees nor agents of EnergyGigs. In no event shall EnergyGigs be held liable for any act or omission of any Freelancer or Job Seeker performing services to a Client or Employer. | ||||||
| When You use the Services, including EnergyGigs's website, We collect information from You. We care about Your privacy and You can read about the information that we collect and what we do with it in our Privacy Policy available at Privacy Policy or by requesting in writing over email at privacy@energygigs.com. | ||||||
| User Accounts | ||||||
| Users must register for an account with EnergyGigs ("Account") to have full access to our Services. Only Users with an Account can access and use certain portions of our Services. This includes but is not limited to posting a profile, Gig, or Job Ad (defined below) on EnergyGigs's marketplace. | ||||||
| To register for an Account to use our Services, You must complete a User profile ("Profile"), which You consent to be shown to other Users. | ||||||
| You agree to provide accurate and complete information on Your Profile—and on all registration and other forms You access while using our Services or provide to us—and You agree to keep that information current. You agree not to provide any false or misleading information about Your identity or location, Your business, the beneficial owner(s) of Your business, Your skills, or the services You or Your business provides, and You agree to correct any information that is or becomes false or misleading. We reserve the right to suspend or terminate the Account, or access to our Services, of anyone who provides false, inaccurate, or incomplete information in creating, marketing, or maintaining a Profile or an Account or in the course of using our Services. | ||||||
| When You request to register for an Account, You represent and warrant that: (1) You are of legal age in Your jurisdiction to, bind Yourself to this Agreement, (2) if You create an Account on behalf of a corporation or other entity, You are authorized to enter into binding contracts on their behalf and are authorized to enter this Agreement, and (3) Your use of the Services will be solely for purposes that are permitted by this Agreement. | ||||||
| When You register for an Account and periodically 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, Your location, and Your ability to act on behalf of Your business on EnergyGigs. You authorize EnergyGigs, directly or through third parties, to make any inquiries necessary to validate Your identity, Your location, and confirm Your ownership of Your business, email address or financial accounts, subject to applicable law. When requested, You must timely provide us with complete information about Yourself and Your business, which includes providing official government or legal documents, and cooperating with other reasonable requests we make to verify Your identity. During verification, some Account features may be temporarily limited but will be restored if verification is successfully completed. | ||||||
| Your Account registration is subject to approval by EnergyGigs. We reserve the right to decline Your request to register an Account for any lawful reason, including business considerations. | ||||||
| You are responsible for maintaining the security of Your Account, and You are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You agree to notify EnergyGigs immediately of any unauthorized use of the Account or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of Your computer, mobile device, or Account. | ||||||
You agree that You will not under any circumstances transmit any content (including software,
text, images, or other information) on Your Profile or elsewhere on the EnergyGigs platform that:
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Clients and Employers further agree that they will not use EnergyGigs to:
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| EnergyGigs, at its own discretion, may monitor Profiles, Account usage, Gig postings, Job Ads, and general interactions with the Services. However, EnergyGigs is not responsible for any content posted by its Users, representations made by Users, or any statements made in interactions between Users. Nor are We responsible for any liability, loss, or damage that occurs as a result of any User interactions or Your reliance on any statements made by Users in their Profile, Gig postings, Job Ads, or other interactions through the Services. | ||||||
| We have the right (though not the obligation) to determine whether any User content is inappropriate or violates this Agreement, and we may terminate Your Account or deny access to and use of the services to any User for any reason without prior notice. | ||||||
| You may cancel Your Account at any time. Cancellation of Your Account for any reason does not relieve You of Your obligations to perform any services or complete any payment requirements pursuant to this Agreement or an agreement with other Users. | ||||||
| Gig-Related Services | ||||||
| The Gig-Related Services | ||||||
| EnergyGigs offers two Gig-related service plans to Clients: the Standard Plan and the Off-line Service Plan. Unless EnergyGigs and Client agree in writing to engage in the Off-line Service Plan, the Standard Plan applies. | ||||||
| Standard Plan. Under the Standard Plan, a Client can post a Gig on the EnergyGigs website to which Freelancers submit proposals. The Client can then select a Freelancer for the Gig. | ||||||
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Off-line Service Plan. EnergyGigs will discuss the scope of the Off-line Service Project with You and locate freelancers, which may or may not be Users of EnergyGigs Services at the time Client elects the Off-line Service Plan. |
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| The Off-line Service Client will not post a Gig directly on the website, though EnergyGigs may post Your Off-line Service Project as a Gig on the platform and review proposals on Your behalf unless You notify EnergyGigs in writing that You do not wish the Gig to be posted publicly on the website. | ||||||
| When a Client hires a freelancer through the Off-line Service Plan, the Gig will be treated in the same manner as Gigs under the Standard Plan unless a separate contract is agreed to by the Client and EnergyGigs which deviates from the Standard Plan. | ||||||
| Gigs with Milestones | ||||||
| For all Clients, EnergyGigs will require Gigs that exceed $5,000 in value to be separated into milestones of no more than $5,000 per milestone. This amount may change at EnergyGigs's sole discretion. Gigs separated by milestones will have a deliverable and payment due at each milestone per the parties' agreement. | ||||||
| Gig-Related Service Plan Payment Terms | ||||||
| Standard Plan. Unless You and EnergyGigs have agreed in writing to proceed pursuant to the Milestone Plan or Off-line Service Plan set forth herein prior to posting Your Gig, then the following payment terms shall apply: | ||||||
| Prior to posting a Gig, the Client shall either authorize a payment method with EnergyGigs or have a balance in its Client Account ("Gig Balance") that equals the agreed cost of the Gig or the milestone of a Gig, plus an EnergyGigs fee ("Platform Fee") equivalent to 20% of the Gig or the milestone of the Gig. | ||||||
| Clients will pay EnergyGigs to hire a Freelancer for a Gig using the "Hire" button, at which point the full amount of the Gig or milestone, as applicable, will be deducted from Your Gig Balance plus the Platform Fee. The total amount to be deducted from your Gig Balance therefore includes the full amount of the gig or milestone and the Platform Fee. The Gig Balance and Platform Fee will be held by EnergyGigs until completion of the Gig or milestone by the Freelancer and Agree by You the Client. Ag. | ||||||
| If your Gig is separated into milestones, upon completion of a milestone, the following milestone will be charged to Your authorized payment method or deducted from Your Gig Balance, whichever option You elect. Client will continue to make milestone-by-milestone payments in this manner until the final milestone is completed. | ||||||
| By hiring a Freelancer, You, the Client, give EnergyGigs permission to charge Your authorized payment method pursuant to the terms of this Agreement. | ||||||
| Off-line Service Plan. EnergyGigs reserves the right to change its prices for its Standard Plan and Off-line Service Plan at its sole discretion. However, once a Off-line Service Project is purchased, the Client is entitled to redeem the purchased Premium Project regardless of any subsequent price increases. | ||||||
| A Off-line Service Client and freelancer who were introduced by EnergyGigs and desire to enter an agreement will establish a Off-line Service Gig, which shall be divided into milestones pr a separate contract signed by the Client and EnergyGigs. | ||||||
| The Off-line Service Client will not be required to authorize a payment method with EnergyGigs or have a balance in its Client Account prior to entering into an agreement with the freelancer introduced by EnergyGigs. | ||||||
| Upon completion of the first milestone of an Off-line Service Gig, EnergyGigs will render payment to the Freelancer, at which point Client will have 5 days to pay EnergyGigs an amount equal to the first milestone payment. | ||||||
| Following this payment, all further payments will be made in the same manner as in the Standard Plan as set forth above or as defined by the separate contract agreed to be the Client and EnergyGigs. Should no other separate contract exist, You, the Client, agree to comply with terms as defined relating to the standard plan. | ||||||
| EnergyGigs may, in its sole discretion, create promotional programs or subscription programs that may result in credits to the Client's Gig Balance, or other features or benefits related to Services offered to Clients. If the Client participates in any such program, then its payment obligations shall be satisfied pursuant to the terms of such program. | ||||||
| Any Client's payment obligation to Freelancer will be satisfied upon receipt of payment by EnergyGigs (or its payment services provider, as applicable), and EnergyGigs (via its payment services provider, as applicable is responsible for remitting the funds to the Freelancer. In the event that Energy Gigs (via its payment services provider, as applicable) does not remit any such amounts to Freelancer, the Freelancer will have recourse only against EnergyGigs (or its payment services provider, as applicable) and not the Client directly. | ||||||
| Payments to Freelancers for Gigs | ||||||
| Upon completion of a Gig or milestone, depending on the Freelancer's agreement with Client, Your Account will be credited with the total amount of the Gig or milestone. EnergyGigs will retain the Platform Fee, which is equivalent to 20% of the Gig or milestone. Funds from Your Account will be transferred to the financial institution that You designate within 7 days. It is Your responsibility, as a Freelancer, to notify EnergyGigs of any changes to the location to which You would like payments transferred. | ||||||
| Freelancer appoints EnergyGigs (or its payment services provider, as applicable) as Freelancer's limited authorized payment collection agent solely for the purpose of accepting payments from Client, and remitting those payments to Freelancer. Freelancer agrees that payment from Client to EnergyGigs (or its payment services provider, as applicable) shall be considered the same as a made directly to Freelancer. | ||||||
| Freelancers are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location, or otherwise, under provisions of their jurisdiction. Similarly, EnergyGigs is not responsible for payment of any fee charge by Your bank for receipt of funds. | ||||||
| Freelancer Requirements | ||||||
| When You request to register an Account as a Freelancer, You represent that You are not prohibited or limited in any way from acting as a Freelancer on the EnergyGigs platform (a) any contract (e.g., employment), (b) Your current employer's policies or codes of conduct if You are employed, (c) any rules of conduct applicable to Your profession or industry, or (d) any laws, rules or regulations. | ||||||
| When You as a Freelancer reach an agreement with a Client concerning a Gig, You represent and warrant to EnergyGigs and the Client that You are not a party to any written or oral agreement or understanding, or bound by or otherwise subject to any rules of conduct applicable to Your profession or industry or any similar laws, rules or regulations, that would restrict or prevent You from performing services for that Client. | ||||||
| You, as a Freelancer, agree not to incorporate into any Work Product produced under any Gig any confidential information or trade secrets of any other person or entity, or any material in which any other person or entity asserts any copyright, patent right, trademark, or other proprietary or intellectual property right. For purposes of this Agreement, "Work Product" means all inventions, \discoveries, designs, developments, methods, modifications, improvements, ideas, products, processes, algorithms, databases, computer programs, formulae, techniques, know-how, trade secrets, graphics or images, and audio or visual works and other works of authorship, whether or not patentable or copyrightable, that are created, made, conceived or reduced to practice by You for Client pursuant to the Gig. | ||||||
| You, as a Freelancer, agree that You own or have a valid license to all content or other materials that You upload, post, publish or display through the Services, inclusive of any Work Product. | ||||||
| EnergyGigs recommends but does not require that you maintain errors and omissions insurance (E&O) insurance except that Freelancer is required to carry E&O insurance to insure against Your liability for actual or alleged wrongful acts committed in Your capacity as a Freelancer in an amount not less than $2,000,000 in the aggregate for any one-year policy period in the following circumstances: (1) the Client or Gig expressly requires it; (2) the work in connection with the Gig will be performed, in whole or in part, on site or in the field and the Client will not provide it; or (3) the value of the Gig or Gig milestone is greater than or equal to $15,000.00. EnergyGigs does not represent that any Freelancer has E&O insurance and offers no guarantees or insurance for the Freelancer's work. | ||||||
| Contractual Relationship Between Freelancer and Client | ||||||
| EnergyGigs is not a party to any contract between a Client and Freelancer. | ||||||
| Clients may contract with Freelancers through posting Gigs, submitting proposals, and accepting proposals. Gigs and proposals may include specifications for Gig deliverables, location for Gig performance, timelines for deliverables, milestones for performance and payment, qualifications or training required for the Gig, and any other lawful requirements or expectations. | ||||||
| Clients and Freelancers may enter any contracts that they deem appropriate (e.g. non-disclosure and confidentiality agreement, assignment of rights, etc.) provided that said contracts (1) do not conflict with, narrow, or expand EnergyGigs's rights and obligations under this Agreement, and (2) reference the EnergyGigs payment obligation. | ||||||
| Clients and Freelancers may, at their election, agree to the Optional Service Contract in whole or in part, in addition to or in lieu of entering a separate contract. Users are solely responsible for deciding whether to use the Optional Service Contract, and EnergyGigs does not assume any responsibility for any consequence of using the Optional Service Contract, which is provided as a sample only and may not be appropriate for all jurisdictions or circumstances. The Optional Service Contract is not intended to and does not constitute legal advice or create an attorney-client relationship. You should seek legal advice from a licensed attorney for Your particular needs. | ||||||
| Except as expressly set forth in this Agreement, disputes between Clients and Freelancers shall be resolved between Clients and Freelancers pursuant to the terms set out in any contract between them. | ||||||
| Gig Completion | ||||||
| A Gig or milestone is completed after a Freelancer marks it as "Delivered" and it is accepted by Client. A Gig or milestone will be automatically deemed complete if within 5 business days of the Freelancer marking the Gig "Delivered", the Client does not request any modifications from Freelancer and does not provide notice to EnergyGigs customer support team ("Customer Support") that the deliverable was inadequate. | ||||||
| Gig Cancellation | ||||||
| If a Freelancer declines to complete the Gig or milestone for which they are hired, the entirety of the amount paid by Client will be returned to the Client's from the Gig Balance. In the event of a milestone cancellation, the entire remaining work on the Gig will also be canceled. Freelancer cancellations may result in the termination of Freelancer's Account. | ||||||
| If a Client desires to cancel a Gig after hiring a Freelancer, it must contact Customer Support to request a cancellation. Absent extenuating circumstances, determined by Customer Support in its sole discretion, any cancellation after a Freelancer has begun work on a Gig will result in payment by the canceling Client of at least 50% of the Gig or milestone. The remaining balance, as determined by Customer Service, will be refunded to the Client Gig Balance and the Freelancer will receive the amount the Client paid for the canceled Gig. In the event of a milestone cancellation, the entire remaining work and remaining milestones on the Gig will also be canceled. Client cancellations may result in the termination of the Client Account. Any disputes concerning EnergyGigs' resolution of the cancellation-related dispute shall be resolved in the same matter as other Gig-related Disputes. | ||||||
| Gig Disputes | ||||||
| If a Freelancer marks a Gig or milestone "Delivered" and the Client notifies Customer Support that a deliverable was inadequate within the time set forth in this Agreement, the parties are encouraged to resolve the dispute between them. If there are milestones remaining in the Gig, the next milestone will not commence until the parties resolve the dispute concerning the delivered milestone. | ||||||
| In all circumstances, Freelancers and Clients are encouraged to resolve any disputes between themselves. However, either party may contact Customer Support to advise that they are unable to resolve their dispute. | ||||||
| In the event that Freelancer and Client notify Customer Support that they are unable to resolve a dispute concerning a delivered milestone or gig ("Gig-related dispute"), EnergyGigs will make a determination in its sole discretion based upon the information provided by the Freelancer and Client, as to whether the nature and quality of the deliverable in connection with the Gig which is the subject of the dispute were consistent with industry standards, the provisions of the related Gig, and this Agreement. | ||||||
| In the event that Freelancer and Client notify Customer Support that they are unable to resolve a dispute concerning a delivered milestone or gig ("Gig-related dispute"), EnergyGigs will make a determination in its sole discretion based upon the information provided by the Freelancer and Client, as to whether the nature and quality of the deliverable in connection with the Gig which is the subject of the dispute were consistent with industry standards, the provisions of the related Gig, and this Agreement. | ||||||
| Should EnergyGigs decide the matter in favor of the Freelancer, EnergyGigs shall credit Freelancer's Account with the full amount owed to Freelancer for the Gig pursuant to this Agreement. No refund or credit will be paid to Client, and if Client has not yet funded the gig or milestone, it will be obligated to pay EnergyGigs the full amount of the gig or milestone. Freelancer shall be deemed to have assigned all of their rights with respect to the Gig-related dispute to EnergyGigs. In such event, the Client shall (1) be deemed to have waived any rights to seek reimbursement from the Freelancer; and (2) have the right to initiate binding arbitration proceedings concerning the amount Client paid or owed for the gig or milestone against EnergyGigs (as set forth elsewhere in this Agreement) by providing EnergyGigs written notice of their exercise of such right within fourteen (14) calendar days after the date of the notice of decision of the Gig-related dispute (such period, the "Arbitration Election Period"). In the event that the Client does not exercise their right to initiate arbitration proceedings during the Arbitration Election Period, they shall be deemed to have permanently waived their right to reimbursement of the funds paid in connection with the Gig giving rise to the Gig-related dispute. | ||||||
| Should EnergyGigs decide the Gig-related dispute in favor of the Client, the entirety of the amount paid by the Client for the Gig (or milestone) will be returned to the Client and Client shall be deemed to have assigned all of their rights with respect to the Gig-related dispute to EnergyGigs. In such event, the Freelancer shall (1) be deemed to have waived any rights to seek payment from the Client; and (2) have the right to initiate binding arbitration proceedings with respect to the withheld payment amounts against EnergyGigs (as set forth elsewhere in this Agreement) by providing EnergyGigs written notice of their exercise of such right within fourteen (14) calendar days after the date of the notice of decision of the Gig-related dispute. In the event that the Freelancer does not exercise their right to initiate arbitration proceedings during the Arbitration Election Period, they shall be deemed to have permanently waived their right to payment of the funds withheld in connection with the Gig giving rise to the Gig-related dispute. | ||||||
| Temp-to-Permanent Recruiting | ||||||
| In the event that Client employs any Freelancer as an employee, Client will pay EnergyGigs a fee equal to the Freelancer's first-year salary under the Client's employment multiplied by the "Recruiting Fee Percentage." | ||||||
| The Recruiting Fee Percentage shall be equal to 160 hours of the Freelancer's hourly rate, 30 days of the Freelancer's Day Rate, or one month of the Freelancer's salary, whichever is higher. | ||||||
| Non-Circumvention | ||||||
| Users acknowledge that EnergyGigs uses substantial labor and effort to connect a Client with Freelancers. Except as provided above, Client represents and warrants that it will not circumvent or attempt to circumvent EnergyGigs or this Agreement, or in any way procure services from a Freelancer outside of the EnergyGigs Platform, without EnergyGigs's prior written consent. This section shall not apply to a Client who has a demonstrable history of obtaining services from the Freelancer Prior to the Client registering an Account. In addition to any other legal remedies available to EnergyGigs for breach of this Warranty, Client's Account may be terminated at the sole discretion of EnergyGigs. | ||||||
| At EnergyGigs' discretion, any Freelancer engaging Clients such as to cause a violation of the non-circumvention agreement set forth above may have substantial restrictions placed on their Account, which may meaningfully limit their usage of EnergyGigs and Freelancer's Account may be terminated at the sole discretion of EnergyGigs. | ||||||
| Freelancer shall notify EnergyGigs immediately if a Client suggests making payments or engaging Freelancer's services outside of the EnergyGigs platform. | ||||||
| Job Board Related Services | ||||||
| Job Board Service Plans | ||||||
| EnergyGigs offers two Job Board service plans to Employers: the Free Plan and a Paid Plan. Unless Employer elects a different plan and remitted payment, only the Free Plan is available to Employers. | ||||||
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Limited Plan. Under the Free Plan, an Employer can post one Job Ad on the EnergyGigs website. A single Job Ad must describe only one job opportunity. Under the Free Plan, the Employer can receive up to 10 applicants from Job Seekers whowill be able to submit an application in response to the Job Ad through the EnergyGigs website. No other services will be available. |
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| The Free Plan expires after 30 days at which point theJob Ad will be removed, and Job Seekers will be unable to submit an application following the expiration of the term of the Free Plan. All applications and communications with Job Seekers received prior to the expiration of the Free Plan will remain available. | ||||||
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Paid Plan The Paid Plan includes the following Services and options:
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| A single Job Ad must describe only one job opportunity. | ||||||
| The Job Ad will expire when the Employer marks the Job in the Job Ad as complete after which the Job Ad will be removed, and Job Seekers will be unable to submit an application. All applications and communications with Job Seekers received prior to the expiration of the Subscription Plan will remain available. | ||||||
| Job Board Payment Plans | ||||||
Paid Plan. An Employer who elects the Paid Plan shall select the number
of Job Ads they would like to maintain in any 30-day period, and shall be charged as follows
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| Employer will authorize a payment method and, upon selection of a plan, will be immediately charged via the authorized payment method. By purchasing a Paid Plan, Employer agrees to an additional and recurring monthly subscription fee at the then-current subscription rate. EnergyGigs will continue to process the monthly subscription fee each month using the authorized payment method. Employer accepts responsibility for all recurring charges until Employer cancels the subscription. | ||||||
| Employer may cancel a subscription at any time by notifying EnergyGigs (using the contact information herein) to cancel the subscription. The next automatic renewal of the subscription will be canceled and the Subscription Plan will expire. The Subscription plan cannot be cancelled mid-term. | ||||||
| Contractual Relationship Between Employer and Job Seeker | ||||||
| If Employer decides to hire a Job Seeker, that offer of employment will be made solely by Employer to Job Seeker and shall not be construed as an offer from EnergyGigs. EnergyGigs is not a party to any contract between a Job Seeker and Employer. Employers and Job Seekers may enter any contracts that they deem appropriate. Except as expressly set forth in this Agreement, disputes between Employers and Job Seekers shall be resolved between them pursuant to the terms set out in any contract between them. | ||||||
| Job Seeker Requirements | ||||||
| When You as a Job Seeker reach an agreement for employment with Employer, You represent and warrant to EnergyGigs and the Employer that You are not a party to any written or oral agreement or understanding with any party, including a current or former employer, or bound by or otherwise subject to any rules of conduct applicable to Your profession or industry or any similar laws, rules or regulations, that would restrict or prevent You from performing services for that Client. | ||||||
| Third-Party Service Providers | ||||||
| EnergyGigs may partner with third-party payment service providers for purposes of verifying and validating the identity of Clients and Freelancers, collecting all payments from Clients, transferring such payments from Clients to Freelancers, and holding funds in connection with any Services. | ||||||
| Intellectual Property | ||||||
| EnergyGigs retains ownership of all intellectual property rights of any kind related to its website and the Services, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with its website and the Services may be the trademarks of other third parties. | ||||||
| This Agreement does not transfer from us to You any EnergyGigs or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to You under this Agreement. | ||||||
| Warranty disclaimer | ||||||
| ENERGYGIGS MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SERVICES OR ANY ACTIVITIES OR ITEMS RELATED TO THE SERVICES OR THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ENERGYGIGS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. | ||||||
| Release and Indemification | ||||||
| You agree to indemnify and hold harmless EnergyGigs and its officers, employees, representatives, and agents from any and all claims, actions, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to (1) Your use of the Services; (2) Your performance of any work related to a Gig or Job; (3) Your acts or omissions related to the Gig or Job; (4) conditions or activities on Your property or property over which You exercise control; (5) any content posted on Your profile, Your Gig posting, Job Ad, or content You share elsewhere on the EnergyGigs platform; and (6) Your violation of this Agreement. | ||||||
| If You have a dispute with one or more Users, You release EnergyGigs from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." | ||||||
| Dispute Resolution | ||||||
| You agree that in the event of any dispute between You and EnergyGigs, You will first contact Us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under this Agreement. | ||||||
| Any dispute, claim or controversy arising out of or relating to this Agreement or the Services or the breach, termination, enforcement, interpretation or validity of the Agreement, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Harris County, Texas before one arbitrator. The arbitration shall be administered by JAMS and shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules, which provide for Expedited Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. | ||||||
| You and EnergyGigs acknowledge and agree that the parties are each waiving the right to a trial by jury as to all arbitrable disputes. | ||||||
| The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. | ||||||
| LIMITATION OF LIABILITY. IN NO EVENT WILL ENERGYGIGS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS OR LOSS OF DATA, PRODUCTION OR PROFIT. THE TOTAL AGGREGATE LIABILITY OF ENERGYGIGS TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID TO YOU BY ENERGYGIGS OR REMITTED TO YOU BY ENERGYGIGS DURING THE THREE (3) MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ENERGYGIGS IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. | ||||||
| This Agreement and any access to or use of the Services are governed by the federal laws of the United States of America and the laws of the State of Texas without respect to its conflict of laws principles. | ||||||
| In no event will any claim, or any other action or proceeding including arbitration be instituted more than one (1) year after the cause of action accrued. If arbitration is not commenced in this time period, such cause of action is permanently barred. | ||||||
| Miscellaneous | ||||||
| Notices and Agreements in Writing | ||||||
| For a notice in writing to EnergyGigs to be valid under this Agreement, it must be in writing and delivered by mail to _________________, or via email to _____________.com. A notice will be deemed to have been received when, if by mail, sender receives a returned receipt confirming delivery or other acknowledgment of receipt in writing by the receiving party, or if by email, the sender receives a response to the email; however, neither an automatic reply nor read receipt will be sufficient to confirm receipt of an email. All writings under this Agreement include emails and written communication on the EnergyGigs platform. | ||||||
| Severability | ||||||
| If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. | ||||||
| Non-Waiver | ||||||
| Any failure on the part of EnergyGigs to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this | ||||||
| Non-Assignability | ||||||
| EnergyGigs may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under this Agreement without Our prior written consent, and any unauthorized assignment and delegation by You is void. | ||||||
| Complete Agreement | ||||||
| This Agreement, together with the Privacy Policy available on the EnergyGigs website, represents the complete and exclusive statement of the agreement between You and EnergyGigs. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between You and EnergyGigs relating to the subject matter of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized EnergyGigs executive, or by the posting by EnergyGigs of a revised version. | ||||||
| Authorization to Contract | ||||||
| You represent and warrant that if You are an individual, You are of legal age to form a binding contract; or that if You are registering on behalf of an entity, that You are authorized to enter into, and bind the entity to, this Agreement. |
EnergyGigs, Inc. Privacy Policy
| Protecting your private information is our priority. This Statement of Privacy applies to www.energygigs.com, and EnergyGigs, Inc and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to EnergyGigs, Inc include www.energygigs.com (together "EnergyGigs.com"). The EnergyGigs.com application is an energy-focused online platform, talent marketplace, and web application. By using EnergyGigs.com, you consent to the data practices described in this statement. |
| Collection of your Personal Information |
In order to better provide you with products and services offered, EnergyGigs.com may collect
personally identifiable information, such as your:
|
| If you are a freelancer, job applicant, or candidate for employment on or with EnergyGigs.com we may obtain personal information related thereto. The information includes your resume, freelancer expertise, industry expertise, employment history, education, licensure information, and freelance rate information used to bid on projects on the platform. |
| If you purchase EnergyGigs.com's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. |
| We do not collect any personal information about you unless you voluntarily provide it to us. However, in addition to the personal information identified above, you may provide certain personal information to us when you elect to use certain products or services. These activities may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; and (d) sending us an email message;. We will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future. |
| We may aggregate and/or anonymize any personal information so that it is not linked to you and, therefore, is no longer personally identifiable information subject to the privacy protections set forth in this Policy. |
| Use of your Personal Information |
| EnergyGigs.com collects and uses your personal information to operate and deliver the services you have requested. |
| EnergyGigs.com may also use your personally identifiable information to inform you of other products or services available from EnergyGigs.com and its affiliates. |
| Sharing Information with Third Parties |
| EnergyGigs.com does not sell, rent or lease its customer lists to third parties. |
| EnergyGigs.com may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. EnergyGigs.com may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to EnergyGigs.com, and they are required to maintain the confidentiality of your information. |
| EnergyGigs.com may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on EnergyGigs.com or the site; (b) protect and defend the rights or property of EnergyGigs.com; and/or (c) act under exigent circumstances to protect the personal safety of users of EnergyGigs.com, or the public. |
| Security |
| EnergyGigs.com takes reasonable precautions to protect the confidentiality and security of your personal information by using industry-recognized security safeguards. Unfortunately, no method of transmission over the internet is completely secure. Therefore, while we strive to protect your personal information within industry standards, EnergyGigs.com cannot guarantee its absolute security. |
| Right to Deletion |
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
|
Please note that we may not be able to comply with requests to delete your personal information
if it is necessary to:
|
| Children Under Thirteen |
| EnergyGigs.com does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this application. |
| International Users |
| EnergyGigs.com offers products or services exclusively to residents of the United States. EnergyGigs.com is not intended for individuals or companies that reside outside of the United States. However, if you reside outside of the United States and are entitled to any rights or protections under such laws that are not expressly set forth herein, we encourage you to notify us of any such rights or obligations and provide us the opportunity to comply with such laws, More details concerning the collection or processing of personal information may be requested from EnergyGigs.com at any time. |
| "Do Not Track" Requests |
| EnergyGigs.com does not support or respond to "Do Not Track" requests. |
| E-mail Communications |
| From time to time, EnergyGigs.com may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from EnergyGigs.com or click on a link therein. |
| If you would like to stop receiving marketing or promotional communications via email from EnergyGigs.com, you may opt-out of such communications by Customers may unsubscribe from emails by "clicking on the UNSUBSCRIBE button.". |
| External Data Storage Sites |
| We may store your data on servers provided by third party hosting vendors with whom we have contracted. |
| Changes to this Statement |
| EnergyGigs.com reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our application, and/or by updating any privacy information. Your continued use of EnergyGigs.com after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy. |
| Contact Information |
|
EnergyGigs.com welcomes your questions or comments regarding this Statement of Privacy. If
you believe that EnergyGigs.com has not adhered to this Statement, please contact
EnergyGigs.com at: EnergyGigs, Inc Email Address: privacy@energygigs.com |
| Effective as of November 11, 2022 |