Please read carefully to know your rights and how we serve you.
PLEASE READ THE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS AND A LEGALLY BINDING AGREEMENT.
By using jobsNgigs.com, a service of Jobs n Gigs (both Jobs n Gigs and jobsNgigs.com hereinafter being referred to as “JnG”), you, the user of JnG (hereinafter “You” or “User”), agree to be bound by the following Terms and Conditions (hereinafter “T&C”).
You can either be talent (hereinafter “Talent”) looking for job opportunities on JnG, or You can be an employer (hereinafter “Employer”) looking to hire and engage (hereinafter “Engagement”) Talent as contractor through JnG (hereinafter “Contractor”) or as direct employee (hereinafter “Employee”). You can also be a partner (hereinafter “Partner”) including but not limited to those providing services to JnG, such as testing services or background check services, or just about anybody else who is using JnG to browse or consume any of the products, solutions and services (hereinafter “PSS”) provided by it.
This T&C is a legally binding agreement (hereinafter “Agreement”) between You and JnG. You must read, agree to, and accept the entire T&C contained in this Agreement to be a User of JnG and to access or use any part of JnG or JnG’s PSS.
- Your responsibilities
- Even while acknowledging the fact that You and a majority of Users of JnG will be very trustworthy professionals with impeccable integrity who will not need to be told their responsibilities; in order to ensure that JnG is a markeplace that You and other Users can totally trust, JnG is herein explicitly listing the responsibilities of all JnG Users.
- To sign up to use JnG and create an account (hereinafter “Account”), Talent must be 18 years of age, or older, and Employer or Partner must be a legitimate business. All Users must be approved by JnG. You agree to provide all reasonable information that JnG requests to approve your Account.
- As Talent, You warrant that the all information you provide at all times is 100% true. This includes but is not limited to information contained in your user profile (hereinafter “Profile”), such as your name, contact information, skills, capabilities, work history, work samples, references, recommendations, education, certification etc; an accounting of the time (hereinafter “Timesheet”) you actually spent on Engagement, and work products you created (hereinafter “Deliverables”) during the Engagement . As Employer, You warrant that all information contained in your company profile (also “Profile”), project descriptions (hereinafter “PD”) and job descriptions (hereinafter “JD”) for jobs You post (hereinafter “Job”) are also 100% true. As Partner, You warrant that all information provided about your product, solution or service is also 100% true. You (any and all Users on JnG, including but not limited to Talent, Employer and Partner) further warrant that you have legal ownership rights to all information you provide in your Profile, PD, JD etc.; and/or have obtained permission from the legal owner to share it on your Profile, and you are doing so only because it is relevant to fully and truthfully showcasing Yourself.
- You, as Talent, will accept periodic ratings and recommendations (hereinafter “R&R”) on your performance from Employers who engage you on or through JnG, and that these R&R will be visible to You and to Employers who want to engage You in the future. You, as Talent, also agree to provide totally honest R&R on Employers that you engaged with and Jobs you performed through JnG, and that the R&R you provide will be visible to the Employer you provide it for, and to other Talent that want to engage with this Employer.
- You, as Employer, will accept R&R on your business and on your Jobs, and that these R&R will be visible to You and to Talent who want to work for you in the future. You, as Employer, also agree to provide totally honest R&R on the performance of all Talent you engage on or through JnG, and that the R&R you provide will be visible to the Talent you provide it for, and to other Employers that want to engage with this Talent.
- You agree to provide R&R on products, solutions and services of Partners. You also agree to provide R&R as well as feedback on JnG and its PSS, to help JnG make JnG a very valuable resource for You.
- The veracity and completeness of the information You provide in your Profile, PD and JD; the verifications you provide for the information contained in them through testing services, background check etc.; the R&R that you receive, and the veracity of the R&R you provide (or fail to provide), will determine your trust score (hereinafter “Trust Score”) on JnG. Trust Score is like a credit score, and it gives a quick indication of your trustworthiness for other Users that want to engage with You on JnG. You agree to having your Trust Score being visible to them.
- JnG provides a messaging system to facilitate easy and direct communication between all Users. JnG requires professional communication, with good manners and decorum to be applied by all Users while communicating with each other.
- If you become aware of any violation of these T&C, you must immediately report it to JnG. You agree to assist JnG with any investigation it undertakes.
- You agree that the responsibilities listed herein are reasonable and are absolutely required to make JnG a trusted marketplace that is of superior value to You and to those You interact and engage with on or through JnG.
- Account Security
- You agree to keep your JnG access credentials confidential and not share it with anybody else. You agree to follow all reasonable requirements to access JnG, including but not limited to using a strong password as required, and providing dual-factor authentication. You are responsible for access and usage on your account unless you delete it or report a misuse issue to Jobs n Gigs.
- As Employer, You agree to ensure that each of your Employees who accesses JnG, will do so only with their own unique access credentials, and You further agree not to give access to JnG to anybody who is not your Employee.
- Your failure to do all of this to keep your Account secure may result in damages or losses to You and/or to JnG, and you agree that You and only You will be responsible for such damages or losses.
- Prohibited uses of JnG
- Input, post, transmit or in any other form share information that you do not have a legal right to do so.
- Engage in any unprofessional, harassing or abusive behavior with other Users; post, transmit or share hate speech, pornographic material or material that promote violence; or engage in any illegal or criminal conduct.
- Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. You will not create an Account and/or Profile with false information.
- Copy, duplicate, reuse, reproduce, sell, resell, or otherwise exploit any portion of JnG, including its software and design elements. The look and feel of the JnG is copyrighted by JnG, all rights are reserved.
- Modify, adapt, or hack JnG; or modify another website so as to falsely imply that it is associated with the JnG.
- You may not use JnG in any manner other than using JnG for the express purpose for which it is made available to You, which for Talent is to find Jobs, and for Employers is to find Talent.
- Your Account being deleted, and You being permanently barred from JnG.
- JnG will fully cooperate with law enforcement in the investigation of all illegal activities, if any are conducted on or through JnG.
- Intellectual property rights
- All rights to any information that You put into your Profile, PD or JD belongs exclusively to You and to those that You attribute credit to. You authorize JnG to display it and give it a perpetual non-exclusive worldwide license to use it in any way it deems appropriate. You may, at any time, modify or delete information You post in your Profile, PD or JD.
- Worldwide perpetual rights to all Deliverables created by Talent belong exclusively to Employer. You, as Talent, agree that all work products created are “work for hire”, and further agree, at Employer’s cost, to assign all related rights to Employer, and fully cooperate with and assist Employer in patenting, trademarking or copyrighting such work products.
- Worldwide perpetual rights to all R&R belong exclusively to JnG. R&Rs may not be deleted by You. Worldwide perpetual rights to all feedback and ideas that you share with JnG will also belong exclusively to JnG. JnG may or may not choose to use the feedback you provide or implement the ideas and suggestions that you offer, and JnG not choosing to act on your feedback or ideas does not negatively affect these rights.
- Worldwide perpetual rights to JnG name, logo, trademark, service mark, proceses, designs, software, code, documents etc. belong exclusively to JnG and its assigns. You will get a non-exclusive license to use JnG as per these T&C.
- Both you and JnG may terminate this Agreement at any time. Your termination is deemed to have incurred when you delete your Account and you lose the right to access our services. However, any amounts owed to JnG for PSS shall survive termination.
- Breach by You of all or part of this T&C may result in termination of the Agreement by JnG. However, any existing obligations you have with JnG prior to the termination of this Agreement will survive.
- JnG may, in its sole discretion and without prior notice, terminate your access to the JnG and/or block your future access to JnG if we determine that you have violated these T&C or other agreements or guidelines which may be associated with your use of the JnG.
- Warranty Disclaimer
- All content on JnG (hereinafter “Content”) is proided by Users. To the best of its ability, JnG checks the veracity of Content, so that you can be fairly certain that Content available to you on JnG is true. However, for contractual and legal purposes, JnG does not warrant the accuracy or veracity of Content.
- JnG does not also warrant that your access to or use of JnG and Content will be uninterrupted, secure, error-free or virus-free, and JnG does not make any warranty as to the results that may be obtained from use of JnG and Content. No information, advice or services obtained by you from JnG or through JnG will create any warranty not expressly stated in these T&C and you should not rely on JnG and Content alone as the basis for your business decisions.
- JnG reserves the right to interrupt the operation of the JnG, or any portion of JnG, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- Limitation of Liability
- your use of or your inability to use JnG or PSS;
- delays or disruptions in PSS;
- viruses or other malicious software obtained by accessing, or linking to JnG or PSS;
- glitches, bugs, errors, or inaccuracies of any kind in JnG or PSS;
- damage to your hardware device from the use of the JnG or PSS
- the content, actions, or inactions of third parties’ use of the JnG PSS;
- a suspension or other action taken with respect to your Account;
- your reliance on the quality, accuracy, or reliability of Profiles, PD, JD, R&R, feedback (including their content, order, and display); and composite information, or metrics found on, used on, or made available through the JnG; and
- your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to the T&C.
- Jurisdiction, and Governing Law
- Jurisdictional Limitations and Dispute Resolution
You may not use JnG for the following activities:
If you are found to have violated any T&C, upon being notified of it, You will immediately take remedial steps din order to comply with these T&C.
Engaging in an unauthorized use of JnG, or illegal acts on JnG, will result in:
You agree that You and solely You will be responsible for any and all legal, financial and other consequences arising from the information You share on JnG, and your actions on JnG.
You agree that JnG will not be found liable for any damages or losses you incur, arising or in connection with your use of JnG, PSS and/or this T&C, including, but not limited to:
JnG will also not be found liable for any loss of data, unauthorized access to data, deletion or corruption of data, negligent use of the service, false and fraudulent usage of JnG, false or misleading information, unauthorized sharing of confidential data and/or intellectual property.
You further agree that throughout your use of JnG, JnG’s total liability to You for all cases of damages or losses to you will be limited to a cumulative sum of $10 (Ten US Dollars). Your use of JnG is strictly subject to You agreeing to everything in this Limitation of Liability clause.
This T&C and all appendices shall be construed and enforced according to the laws of the State of Virginia, without giving effect to conflict of law principles, and shall be deemed to have been made in Virginia. All legal actions arising under this Agreement shall be instituted in Virginia, and both parties consent to jurisdiction in Virginia. Both parties agree that Fairfax County shall be the proper and convenient venue for the resolution of any legal action arising under this Agreement and waive the right to trial by jury. However, in the case of a conflict of law, the parties may agree to its resolution applying a neutral law or Arbitration.
Acceptance of the T&C results in it being legally binding.
Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, JnG liability will be limited to the greatest extent permitted by law.
Dispute Resolution; Jury Waiver. These T&C are made under, and will be construed and enforced in accordance with, the laws of Fairfax, Virginia applicable to agreements made and to be performed solely therein, without giving effect to principles of conflicts of law. In any action between or among any of the parties, whether arising out of these T&C or otherwise, each of the parties irrevocably and unconditionally (a) consents and submits to the exclusive jurisdiction and venue of the state and federal courts located in Fairfax, Virginia; and (b) waives any and all right to trial by jury in any legal proceeding arising out of or related to this Agreement or any transactions contemplated hereby.
Failure of JnG to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision.
In response to a breach or a threatened breach by the other party, if either party engages the services of an attorney or bill collector to enforce its rights and protections under this Agreement, and it legally prevails by doing so, the other party will have to reimburse it for the cost of all attorney and bill collection fees incurred for this enforcement.
The T&C works with other agreements you sign with JnG, and govern your usage of the JnG; clauses in this T&C supersede similar clauses in any prior agreements between you and JnG, including but not limited to any prior versions of these T&C.