PLEASE READ THIS USER AGREEMENT(S) AND POLICIES REFERENCED HEREIN COLLECTIVELY DEFINED BELOW AS THE "TERMS OF SERVICE" CAREFULLY AS THEY CONTAIN PERTINENT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING AGREEMENT AND WAIVERS.
This User Agreement (this “Agreement”) is a contract between you (“you” or “User”) iGiGX DMCC (“iGiGX,” “we,” or “us”) a company registered in Dubai Multi Commodities Center (hereinafter to be referred as “DMCC”), with commercial Trade License registration number DMCC-829229 whose registered office is at Office No.1803, 18th Floor, Jumeriah Business Center 4 Cluster-N, Jumeriah Lake Towers, Dubai, UAE, under the establishment name of iGiGX DMCC (hereinafter referred to as “iGiGX”) and its affiliates. You must read, agree, and accept all of the terms and conditions contained in this Agreement to be a User of our website www.igigx.io .
This Agreement includes and hereby incorporates by reference the following important agreements, as they may be in effect and modified from time to time: Site Terms and Conditions; Cookie Policy; Privacy Policy; and specifically the service Agreement you may enter into for the project.
Subject to the conditions set forth herein, iGiGX may, in its sole discretion, amend this Agreement and any of the other agreements by making a revision on the Site. In case of any substantial change iGiGX will provide reasonable notice, by posting the updated Terms on the Site or providing notice on the Site. If the Change includes an increase to Fees charged by iGiGX, iGiGX will also provide advance notice of the change, but may not provide any notice for changes resulting in a reduction in Fees either temporary or promotional Fee change. Any revisions to the Terms of Service will take effect on the noted effective date (each, as applicable, the “Effective Date”).
YOU ACKNOWLEDGE THAT BY USING THE SITE OR SITE SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE.
IF YOU AGREE TO THE TERMS OF SERVICE ON BEHALF OF AN ENTITY OR AGENCY, OR IN CONNECTION WITH PROVIDING OR RECEIVING SERVICES ON BEHALF OF AN ENTITY OR AGENCY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE AND AGREE THAT YOU ARE BINDING BOTH YOU AND THAT ENTITY OR AGENCY TO THE TERMS OF SERVICE.
By registering for an account to use the Site or Site Services, by using the Site or Site Services after the Effective Date, or else if you already had an Account as on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service as amended or modified from time to time. To access and use certain portions of the Site and the Site Services, you must register for an Account. Subject to Terms of Use, certain portions of the Site are available to Visitors, including those portions before your Account registration is accepted. iGiGX reserves the right to decline a registration or to add an Account of any type (i.e., as a Client or Freelancer), for any lawful reason.
Each User shall register for an account which must be a personal account linked directly to that User. If the User is a Agency, the User Account must be linked directly to that Agency. iGiGX may, at its absolute discretion, refuse to register any User, whether person or agency.
All Users are bound to provide accurate and complete information and keep such account information updated at all times. iGiGX will not be held responsible for any error and/or breach occurring due to Users’ failure to update their account information. If the User has in any way misrepresented itself and/or any information provided on the Site, then iGiGX is fully authorized to suspend any account related to that User, in addition to taking any other measures against the User as it deems fit, including banning the User from using the Site.
If a User is found to have registered more than one accounts iGiGX retains the right to suspend all accounts related to that User and take any other measures against that User that it deems fit, which may include banning the User from using the Site or any of the iGiGX Services. Users are solely responsible for any / all activities that occurs on their account. Users may never use another User’s account or registration information for the Site. As described in this Section, there are a number of different Account types as follow:
Companies, Institutions and Corporate entities can register for an Account or add an Account type to use the Site as a Client (a “Client Account”). Each User under a Client Account can be given different permissions to act on behalf of the Client Account.
Freelancers can register for an Account or add an Account type to use the Site and Site Services as a Freelancer (a “Freelancer Account ”).
Agency Account is a special type of Freelancer Account the owner of which is referred to as an “Agency”
iGiGX shall not be held liable for any account creation wherein the Account holder request or allow another person to create an Account on his behalf, for the use of account, or for his benefit, except that an authorized employee or agent may create an Account on behalf of his business. By granting others permissions under your Account, including, you represent and warrant that:
iGiGX can verify your account from time to time subject 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 iGiGX. You authorize iGiGX, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, identity, location, email verification or any other document at iGiGX discretion. iGiGX has power to suspend your account and the same can be restored successfully subject to complete verification.
Each person who uses iGiGX must register for their own Account. When an Account is registered, you have to choose a username and password for your Account. You are solely and entirely responsible for your username and password safeguard and confidentiality. You agrees not to share your username or password, and, if you are a legal entity who is not a natural person, to only share your username and password with a person who is authorized to use your Account.
iGiGX through the site and site services introduce Freelancers to Clients, select Projects for Freelancers, or select Freelancers for Clients as well as also enable Freelancers and Clients to find and transact directly with each other. Freelancers may be notified of Clients that may be seeking the services, and vice versa, however, If Users decide to enter into a Service Contract, the Service Contract is directly between the iGiGX and Freelancer or Client.
The freelancers also acknowledge, agree, and understand they are solely responsible for determining, and have the sole right to determine, which Projects to accept in accordance with the service contract. The freelancer further acknowledges, agree, and understand that:
Without limiting the foregoing paragraph, the Agency or Agency Member expressly acknowledge, agree, and understand that:
You hereby acknowledge and agree that by signing this Agreement you shall be liable and obligated for all the Taxes whether direct or indirect as applicable to you under the applicable laws.
Firstly, if a Client and Freelancer decide to work for each other they can either enter into a Service Contract directly with each other and in pursuance of entering the service agreement by using iGiGX site or site services, iGiGX will charge both the parties the certain agreed amount for using the iGiGX site or site services and therein iGiGX shall not be responsible or liable for any payment or work under the service contract among the parties.
Secondly both the freelancer and Client can use the subscription services of the iGiGX site and site services portal and the iGiGX can help and assist the freelancer finding a client as to expertise’s and qualifications and in the same manner helps a client finding a Freelancer as to their nature of work whereby iGiGX can be a party to a service contract between the freelancer and the client only for the purpose of coordinates between the client and the freelancer and that too in consideration of charges as agreed among all the parties at the time of entering the service contract and iGiGX shall not be held liable for any conduct of the freelancer or client and even in case of any liability iGiGX shall not be held liable for an amount exceeding USD 1000.
Thirdly, the client can use the premium subscription of the iGiGX site or site services and can directly hire the freelancer on their own wherein iGiGX shall not be liable or responsible for payment under this kind of service contracts.
For disputes arising between Clients and Freelancers as to delay in the delivery of work by freelancer, disputes related to delay in payment by the client, dispute related to quality of the work, both the parties must give notice in that regard to iGiGX within thirty (30) starting from the day that dispute arises and iGiGX shall decide and amicably resolve and settle the dispute among the parties within sixty (60) days from the date of receiving the notice from either party to the dispute, until then iGiGX has full authorization to hold all the funds under the project till: (i) both parties to the dispute confirms iGiGX in writing that they have reached an amicable agreement, in which case iGiGX shall honor what has been agreed between the parties ; or (ii) Either one of the parties to dispute provide to iGiGX, a final judgement, order and/or award from the Dubai International Financial Center (DIFC) / Dubai International Arbitration Center (DIAC) only, determining and deciding the dispute between the parties, in which case iGiGX shall release the funds in accordance with the orders issued by the Execution court.
All parties to the Service Contract may agree to any terms they deem appropriate with respect to confidentiality, in addition to those set forth in the Service Contract Terms. The recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information and the receiver shall be bound on discloser’s written request, to promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
Freelancers will pay iGiGX a service fee for the use of the site or site Services that includes communications, invoicing, reporting, payment services and dispute resolution is any. The Service Fees for the use of iGiGX site are paid solely by Freelancer.
Clients pay iGiGX a fee for payment processing and administration related to use to site or site services or pay the certain agreed fees if they use the Site solely for Direct Contracts with the freelancer, whereby the client pays to Freelancers they engage through the Site. Clients can also choose to pay for a premium membership plan to access additional features and Site Services offered.
iGiGX does introduce Clients to Freelancers and help Freelancers secure Projects by coordination with the clients and in the same manner introduces Client to freelancer as to their needs whenever required. Therefore, iGiGX does charge a fee when a Freelancer finds a suitable Client or finds a Project or else a client finds the suitable freelancer for their work.
That in compliance to the applicable laws and regulations iGiGX will be required to collect taxes or levies including, without limitation, withholding VAT, and other corporates taxes or taxes of any nature in his jurisdiction. In such instances, any amounts iGiGX is required to collect or withhold for the payment of any such Taxes shall be collected in addition to the fees owed to iGiGX under the Terms of Service.
Whenever there is a Service contract between iGiGX, Client and the freelancer, the Client shall deposit in advance of the Project commencement, 50% of the Project Budget with iGiGX (the “Client Deposit”).
The parties hereby confirm their agreement that iGiGX shall hold the monies deposited on account pending the release of the monies to the Freelance in accordance with the remaining terms hereof.
iGiGX fee for providing use of the Site is 00% (inclusive of VAT) of the Client’s listed Project Budget in the Project Brief (the “iGiGX Fees”). All parties agree to the direct deduction of the iGiGX Fees from the total agreed Project Budget upon receipt as agreed.
The parties confirm their understanding that they will not receive any interest or earnings on the funds handled by iGiGX. Nothing in these terms and conditions grants iGiGX any ownership rights on the principal funds maintained with iGiGX with exception of the iGiGX Fees.
The parties hereby grant iGiGX the absolute right to hold, dispense and /or release the funds as it deems fit and shall jointly and severally reimburse and indemnify iGiGX for, and hold iGiGX harmless against, any loss, liability or expense, including but not limited to legal fees and costs, howsoever incurred, arising out of or in connection with the performance of iGiGX duties in holding, dispensing and/or releasing of such funds.
The Freelancer shall not begin the agreed work on the Project until receiving confirmation from iGiGX that the Client Deposit has been received from the Client and that the Project has now been initiated.
All work must be performed by the Freelancer in accordance with the service Agreement. Freelancer must deliver all the work through the platform as approved by the iGiGX.
The Freelancer must strictly follow the rules as intimated by the client. Should the Freelancer fail to observe these rules strictly, then iGiGX will not be held responsible if the Client withholds or refuses to settle the outstanding balance payment.
To complete the project and receive the final work from the Freelancer, the Client must go to the release full final Installment as agreed in the service contract.
Upon receipt of final confirmation from the Client that it is satisfied with the freelancer work, iGiGX shall release the fee to the Freelancer less the iGiGX Fees.
Client may add milestones for any additional works, provided that such new milestones are pre-agreed with the Freelancer and recorded through as Addendum to the Service contract. The Client must notify iGiGX of the additional or varied scope of work and the subsequent revised fee, if applicable. The Freelancer must also ensure that it does not initiate the additional or varied scope of work until the Freelancer receives confirmation from iGiGX that it has approved the additional or varied scope of work and that any additional funds have been added to the Project Budget as agreed between the Users.
The additional agreed funds shall be added to the Project Budget and added as Final payment under the service contract. iGiGX shall subsequently revise its fees accordingly and deduct the difference from the final Installment as well.
If Client is in “default”, meaning the Client fails to pay the fees under the service contract or any other amounts then iGiGX will be entitled to all the remedies that may be available under applicable laws or in such written agreement. For the avoidance of doubt, Client will be deemed to be in default on the following: (a) Client fails to pay the Fees when due; (b) Client fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 30 days after accrual of the charge; (c) Client fails to pay an invoice issued to the Client by iGiGX within the time period agreed or, if no period is agreed, within 30 days; or (d) Client takes other actions or fails to take any action that results in a negative or past-due balance on the Client’s account. If Client is in default, iGiGX may, without notice, temporarily or permanently close Client’s Account and revoke Client’s access to the Site and Site Services, including Client’s authority to use the Site to process any additional payments, enter into Service Contracts, or obtain any additional Services through the Site.
iGiGX does not guarantee that Client is able to pay or will pay fees and iGiGX is not liable for Freelancer Fees if Client is in default. Freelancer may take the appropriate course of action under the applicable laws
Client acknowledges and agrees that iGiGX or its Affiliates will charge or debit Client’s designated Payment Method for the Freelancer Fees incurred as described in the service contract or any other agreement and the Fee charges or debits the Client’s designated Payment Method for the Freelancer Fees, the charge or debit is non-refundable, except as otherwise required by applicable laws. Client also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for resolving disputes. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any fee under the contract. A chargeback in breach of the foregoing obligation is a material breach of the service contract. If Client initiates a chargeback in violation of this Agreement, Client agrees that iGiGX or its Affiliatesmay dispute or appeal the chargeback and institute collection action against Client and take such other action it deems appropriate.
In order to use certain Site Services, Client must provide account information for at least one valid Payment Method. Client hereby authorizes iGiGX, to store credit card and banking or other financial details as Client’s method of payment consistent with our privacy policy, and to charge Client’s credit card (or any other Payment Method) for the Fees under the service contract and any other amounts owed. To the extent permitted by applicable laws and subject to our Privacy Policy, and further acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information.
By providing Payment Method information through the Site and authorizing payments with the Payment Method, Client represents, warrants, and covenants that:
such actions do not violate the terms and conditions applicable to Client’s use of such Payment Method(s) or applicable law.
When Client authorizes a payment using a Payment Method via the Site, Client represents and warrants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is solely responsible for paying such amounts by other means. iGiGX is not liable to any User if iGiGX does not complete a transaction as a result of any limit by applicable law or your financial institution, or if a financial institution fails to honor any credit or debit to or from an account associated with such Payment Method.
The Site and the Site Services operate in U.S. Dollars. If a User's Payment Method is in a currency other than that the same requires currency conversion to make or receive payments in U.S. Dollars, the Site may display foreign currency conversion rates that iGiGX currently make available to convert supported foreign currencies to U.S. Dollars. These currency conversion rates adjust regularly based on market conditions.
While using the Site, Users will not attempt to or otherwise do any of the following:
iGiGX reserves the right to restrict User’s access, temporarily or indefinitely block User’s account, and halt any Project without any reason whatsoever if:
If the user accesses the Site on a mobile device, the user have agree to be bound by any additional terms issued by iGiGX from time to time in order to use the Site on that device.
iGiGX does not warrant that the Site will be compatible or interoperable with your device or any other hardware, software or equipment installed on or used in connection with your device.
You acknowledge and understand that when using the Site from your phone it may require and utilise phone service or data access and you shall be responsible for any such charges that may apply.
You acknowledge that certain information provided by you to iGiGX for using the site or site services may be stored on your device. It is your liability and obligation to maintain the security of your device from unauthorized access. Use by the Site of any personal information about you is subject to the iGiGX Privacy Policy and Cookies Policy of which you agree to be bound which form an integral part of these Terms and Conditions.
Users must immediately notify iGiGX upon becoming aware of any unauthorized access or any other security breach to User’s account or the iGiGX Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities).
When you use the Site or send e-mails to us, you are communicating with us electronically and therein consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
We cannot and do not guarantee that any content on the Site will be free from viruses and/or other code that may have contaminating or destructive elements to your device. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.
iGiGX attempts to be as accurate as possible. However, information associated with the Site may be provided by third parties for which iGiGX relies on to be accurate. Accordingly, iGiGX does not warrant that the Site, project descriptions, and other content on the Site are complete, accurate, non-misleading, reliable, current or error-free.
iGiGX provide a service whereby Users may market project and service details (the “Details”) together with other content hosted and developed by us. Users are responsible for preparing the Details and fielding enquiries directly from other Users.
Details are hosted by us in good faith. You acknowledge that iGiGX does not monitor, verify, or approve the Details and that you are responsible for acting in good faith towards other parties.
Communication with other Users on iGiGX must be conducted through iGiGX site or site services. Users must not post or disclose personal information, email address or any other contact information.
All terms agreed to between Users must be confirmed in writing as part of service contract.
iGiGX may read all correspondence posted to the website and download or access, and test (if necessary), all uploaded files, programs and websites related to Users’ use of the Site for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
The Site is provided without warranty and is provided on an “as is, as available basis”. iGiGX hereby disclaim all warranties of any kind, express or implied, arising by statute, custom, course of dealing or trade usage, with respect to the Site or the services provided thereunder.
Notwithstanding the generality of the foregoing, iGiGX specifically disclaims the following with respect to the Site: implied warranties or conditions of title, merchantability, fitness for a particular purpose, or non-infringement of any service from a third party; the accuracy, timeliness, security, and performance of the Site; or freedom from any errors or viruses.
The Site may contain links to third party products, services and/or websites that are not affiliated with iGiGX. We are not responsible for the content of these websites or applications or for anything provided by any third party.
iGiGX may display advertisements or promotions on the website. Users acknowledge and agree that iGiGX shall not be responsible for any loss or damage of any kind incurred by the User because of the presence of such advertisements or promotions or any subsequent dealings with third parties.
To every extent permitted by law, iGiGX specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, quality, suitability, and non-infringement.
iGiGX cannot and does not confirm each User’s purported identity on the Site. All information provided by iGiGX is information that is based solely on data that a User submits and iGiGX provides such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement, or recommendation by iGiGX.
You represent and warrant that your use of the Site will be in strict accordance with the Privacy Policy, with these Terms and Conditions (as may be amended from time to time), written agreements if any and with all applicable laws and regulations.
In no event shall iGiGX, its related entities, affiliates or staff be liable for:
iGiGX shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
The User agrees to indemnify, defend and hold harmless iGiGX, its shareholders and their respective directors, officers and employees, agents, subsidiaries and partners from and against any and all claims, actions, demands, damages, losses and expenses, including attorneys’ fees, out of your use or misuse of the Site, your violation of these Terms and Conditions, your violation of any third party’s proprietary rights or any disputes between you and one or more users connected to or otherwise arising from the Site in any way.
User may close its account at any time subject to:
A User may not assign any part of these Terms and Conditions without the prior written consent of iGiGX. No failure or delay by any party in exercising any right under these Terms and Conditions shall operate as a waiver of such right nor shall any single or partial exercise of any right preclude the exercise of any other right. Each User acknowledges and agrees that the relationship between Client and Freelancer is that of an independent contractor. Nothing in these Terms and Conditions and / or in the Project Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between iGiGX and any User.
These Terms and Conditions, privacy policy, cookie policy along with any other written agreements will be governed by and interpreted in accordance with the laws of the Emirates. In the event of a dispute arising between the parties in connection with these Terms and Conditions, privacy policy, cookie policy as mentioned in Clause 4(d) or any other written agreements the Court of DIFC / DIAC shall have exclusive jurisdiction.
Legal notices may be served by iGiGX to a User to the email address provides by the User to iGiGX during the account opening process. Notice will be deemed given 24 hours after email is sent. Any notices served to iGiGX must be sent through registered post.
The provisions of these Terms and Conditions are severable, and if any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced.
iGiGX’s failure to act with respect to an anticipated or actual breach by User or others does not waive its right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
If you have any questions about these Terms and Conditions, privacy policy, cookie policy or any other written agreement please contact us: