SIDE GIG, LLC MARKETPLACE – The MarketPlace is where all Staffers and Gigsters can post and accept gigs.
RESTAURANT – The Term Restaurant shall be used in these Terms and conditions to mean anyone that is subject to Title 45 of the South Carolina Code of Laws and shall also apply to lunch counters and cafes.
HOSPITALITY BUSINESS – Hospitality Business shall mean any business that is subject to Title 45 of the South Carolina Code of Laws.
GIG – A Gig is a request for an independent contractor (Gigster) to fill the precise needs by a Staffer for a limited period.
SERVICES – Services are those provided by Gigsters
APPLICATION SERVICES – Application Services are the services provided by Side Gig, LLC and the Side Gig App which give users access to the MarketPlace and are subject to the terms and conditions herein.
AUTHORIZED USE- Authorized use is only use that is subject to these terms and conditions. MARKETPLACE STAFFER ACCOUNT – Is an account created by a staffer in order to posts gigs.
OCCUPATIONAL HAZARD INSURANCE – Is non-optional and provides a degree of coverage for Gigsters who may be injured on the job. 1. CONTRACTUAL RELATIONSHIP
By agreeing to these terms you are representing that you are an independent company in the restaurant and/or hospitality business, and you are authorized to conduct your business in the state(s) or jurisdiction(s) in which you operate.
By accepting these terms you represent to Side Gig, LLC the following: 1) that you desire to enter into these Terms for the purpose of accessing the Side Gig, LLC marketplace in order to and for the purposes of obtaining a Gigster to fill a GIG.
Supplemental terms and conditions may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you and you must accept such supplemental terms in order to receive the applicable Service(s). Such supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Side Gig may amend the Terms related to the Services from time to time. Amendments will be effective upon Side Gig’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
2. APPLICATION SERVICES
The Application Services provided by this app cover your authorized use of the Side Gig, LLC’s Marketplace place that enables users of Side Gig, LLC’s mobile application, or websites (the "Side Gig App") wherein you are able to arrange and schedule as a Staffer for services provided by Gigsters.
Subject to your compliance with these Terms, Side Gig grants you a limited, non- exclusive, non-sub licensable, revocable, non-transferrable license to: (i) access and use the Side Gig App on your personal or professional devices solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely in connection with your use of the Services. Side Gig, LLC and/or Side Gig, LLC’s licensors, reserve any rights not expressly granted herein.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon this application or its contents, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Side Gig; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
2.3 THIRD PARTY SERVICES AND CONTENT
The Application Services and all rights therein are and shall remain Side Gig, LLC’s property or the property of Side Gig’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Side Gig’s company names, logos, product and service names, trademarks or services marks or those of Side Gig’s licensors. 3. YOUR USE OF THE APPLICATION SERVICES
3.2 USER ACCOUNTS
In order to use the Application Services, you must register for and maintain an active Marketplace Staffer account ("Account"). Account registration requires you to submit to Side Gig, LLC certain personal information, such as your name, company name, address, and phone number, as well as valid credit card or ACH payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Side Gig’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Side Gig, LLC in writing, you may only possess one Account per person.
3.3 USER REQUIREMENTS AND CONDUCT
You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to a Gigster, to the Side Gig Marketplace or to any other party. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Application Service.
3.4 TEXT MESSAGING
By creating an Account, you give express consent that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services and that use of SMS is necessary to utilize the Services. When you create an account, we will send you an SMS message to confirm your sign-up. You can cancel the SMS service at any time by replying "STOP" in the text message you received. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If at any time you forget what keywords are supported, just reply "HELP" to the text message you received. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on your use of the Services. If you have any questions about your text plan or data plan, please contact your wireless provider.
3.5 PROMOTIONAL CODES
Side Gig may, in Side Gig’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Gigster's services, subject to any additional terms that Side Gig establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Side Gig; (iii) may be disabled by Side Gig at any time for any reason without liability to Side Gig; (iv) may only be used pursuant to the specific terms that Side Gig establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Side Gig reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Side Gig
determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
3.5 NETWORK ACCESS AND DEVICES
You are responsible for obtaining network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application Services and the Side Gig App and any updates thereto. Side Gig, LLC does not guarantee that the Application Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and other electronic communications.
4. GIGSTERS AND STAFFERS
You acknowledge and agree that your arranging and obtaining of Services from a Gigster creates a direct business relationship between you and that Gigster, and your interactions and dealings with such Gigster are solely between you and such Gigster. Gigsters acknowledge and agree that you are seeking to temporarily meet the need of a staffer and are independent contractors and are not employees of Side Gig, LLC and your interactions and dealings witch such staffers are solely between you and the staffer. Side Gig, LLC is not responsible or liable for the actions or inactions of any Gigster in relation to use of the Application Services.
SIDE GIG, LLC requires all Gigsters to obtain and maintain a valid and sufficient Occupational Accident Insurance (“OAI”) policy. However, Side Gig, LLC will not be responsible for any Gigsters failure to comply with this requirement. While staffers shall have the sole responsibility for any obligations or liabilities to Gigsters or other third parties that arise from your arranging and obtaining services, Gigsters are required to maintain OAI through the app. As a Gigster and/or a staffer You acknowledge and agree that you are solely responsible for taking such precautions as may be reasonable and proper for a Staffer or a Gigster that intends on using or providing Gigs, which may include maintaining adequate insurance that meets the requirements of all applicable laws regarding any acts or omissions of a Staffer or Gigster or any other third party. This includes your direct responsibility for any form of workers compensation required by your state for the use of such labor. SIDE GIG, LLC, requires that all Gigstsers maintain Occupational Hazard Insurance for the benefit of both Staffers and Gigsters. (See 2A of Gigster User Agreement)
You understand that use of the Services may result in charges to you for the Services you receive from a Gigster ("Charges"). These charges are due one you have posted a gig and accepted a gigster for the evening. After you have received services obtained through your use of the Application Service, Side Gig will NOT facilitate your payment to the
payment that is due to the Gigster. Staffers must facilitate payment to be made directly by you to the Gigster. Charges paid by you are final and non-refundable, unless otherwise determined by Side Gig. You retain the right to a rate of pay with a Gigster prior to the event for services that will be received by you from any such Gigster(s) at the time you receive such services. Side Gig will respond accordingly to any request from a Gigster to modify the Charges for a particular service. Once you have employed a gigster, you are responsible for making payment to that gigster and you agree to hold harmless Side Gig, LLC for your failure to make timely payment in accordance with laws of South Carolina.
As between you and Side Gig, Side Gig reserves the right to establish, remove and/or revise Charges for any or all Restaurant Services obtained through the use of the Services at any time in Side Gig’s sole discretion. Side Gig will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Side Gig may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for restaurant services from a Gigster at any time prior to such Gigster's arrival, in which case you may be charged a cancellation fee, in accordance with Side Gig’s then current cancellation policy. The current cancellation policy requires 24-hour notice prior to the Gig to cancel.
5.2 SERVICE CHARGES
In consideration of Side Gig’s provision of the Side Gig Services for your use and benefit hereunder, you agree to pay Side Gig a service charge on a per transaction basis calculated as a percentage of the Gigster’s compensation for a particular event or by flat fee – whichever method is employed by Side Gig (regardless of any alternately negotiated Charges), as provided or otherwise made available by Side Gig from time to time (“Service Charge”). Side Gig reserves the right to change the Service Charge at any time in its sole discretion, and Side Gig will provide you with notice in the event of such change. Continued use of the Side Gig Services after any such change in the Service Charge calculation shall constitute your consent to such change.
5.3 PLACEMENT FEES
In the event that you hire a Gigster as an employee within sixty (60) days after last receiving Restaurant Services arranged via the Side Gig Services from such Gigster, you agree to promptly notify Side Gig of such hire and pay Side Gig the then-current placement fee (“Placement Fee”) within ten (10) days of the date such Gigster commences employment. You can find the current Placement Fee Schedule at www.Side Gig/schedule
5.4 PAYMENT METHODS
All Charges and Service Fees are due immediately and payment will be facilitated by Side Gig using the preferred payment method designated in your Account, after which Side Gig will send you a report by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Side Gig may, as the Gigster's limited payment collection agent, use a secondary payment method in your Account, if available. In the event that there are unpaid or past due amounts for Charges, Services Fees, or Placement Fees associated with your account, you must pay a finance charge of the lesser of 1.5% per month or the maximum amount permitted by law on such outstanding balances, plus all expenses of collection, including reasonable attorneys’ fees.
6. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." SIDE GIG (ON BEHALF OF ITSELF, ITS LICENSORS, AND THE GIGSTERS) DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, SIDE GIG (ON BEHALF OF ITSELF, ITS LICENSORS, AND THE GIGSTERS) MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY RESTAURANT SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. SIDE GIG DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF GIGSTERS OR THE RESTAURANT SERVICES THEY PROVIDE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY RESTAURANT SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
6.2 NO SERVICE GUARANTEE
SIDE GIG AND ITS LICENSORS DO NOT GUARANTEE THE AVAILABILITY OR UPTIME OF THE SERVICES OR THE SIDE GIG APP. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES OR THE SIDE GIG APP MAY BE UNAVAILABLE AT ANY TIME AND FOR ANY REASON (e.g., DUE TO SCHEDULED MAINTENANCE OR NETWORK FAILURE). FURTHER, THE SERVICES OR THE SIDE GIG APP MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND SIDE GIG ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LIABILITIES OR LOSSES RESULTING FROM SUCH PROBLEMS.
6.3 LIMITATION OF LIABILITY
NEITHER SIDE GIG, ITS LICENSORS, NOR THE GIGSTERS SHALL BE LIABLE UNDER OR RELATED TO THESE TERMS FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE. THIS LIMITATION OF LIABILITY INCLUDES ANY OF THE FOREGOING TYPES OF DAMAGES ARISING FROM YOUR ACCESS OR USE OF THE
SERVICES OR ANY RESTAURANT SERVICES PROVIDED BY GIGSTERS. SIDE GIG’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE RESTAURANT SERVICES WITH GIGSTERS, BUT YOU AGREE THAT SIDE GIG HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY RESTAURANT SERVICES PROVIDED TO YOU BY GIGSTERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
IN NO EVENT SHALL THE TOTAL LIABILITY OF SIDE GIG OR ITS LICENSORS TO YOU EXCEED FIVE HUNDRED DOLLARS ($500.00).
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
7. DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Side Gig, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Side Gig are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Side Gig otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
7.2 Arbitration Rules and Governing Law
The arbitration will be administered by the Judicial Arbitration & Mediation Services ("JAMS") in accordance with the Arbitration Rules and Procedures then in effect (the “JAMS Rules”), except as modified by this "Dispute Resolution" section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
7.3 Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of South Carolina and will be selected by the parties. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS.
7.4 Arbitration Location and Procedure
Unless you and Side Gig otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Side Gig submit to the arbitrator, unless you or SideGig request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Rules. Subject to the JAMS Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
7.5 Arbitrator's Decision
The arbitrator will render an award within the time frame specified in the JAMS Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Side Gig will not seek, and hereby waives all rights Side Gig may have under applicable law to recover, attorneys' fees and expenses if Side Gig prevail in arbitration.
Your responsibility to pay any JAMS filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. However, if your claim for damages does not exceed $75,000, Side Gig will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
8. OTHER PROVISIONS
8.1 Choice of Law
These Terms are governed by and construed in accordance with the laws of the State of South Carolina, U.S.A., without giving effect to any conflict of law principles.
Side Gig may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Side Gig, with such notice deemed given when received by Side Gig, at any time by first class mail, pre-paid post, or electronic mail to Side Gig, LLC, 2236 Bailey Drive North Charleston, South Carolina 29405 or firstname.lastname@example.org.
WHO WE ARE
James Beard Award Winning Chef Sean Brock and Charleston restaurant industry veteran Ben Ellsworth have teamed up to launch SideGig - an app designed to address the current staffing crises in the food and beverage industry by providing a marketplace to connect willing workers with restaurants, caterers, hotels, and private events, among others. The team is currently operating the app in beta testing mode in Charleston only, and have plans to expand to more cities nationwide in the near future. SideGig connects businesses with workers to instantly fill positions and cover shifts after an employee calls out sick, or the dreaded no-show.
“SideGig bridges the gap between supply and demand, the restaurants and the workforce,” says Brock, who has spent that last 25 years working in restaurants. “We all know how many times we’ve had to pull a double at the last minute, because life happens. This app will allow you to alert anyone who’s available that day. They can arrive within minutes and you can get back to running the kitchen. The possibilities are unlimited, from hiring someone to help you prep for a dinner party or event on the road, to a server at a private event or wedding.”
SideGig currently functions as a web application, easily accessible by bookmarking the site or saving it to a home screen for mobile phone use. Businesses can create a profile, upload payment information, and post jobs either on demand or in advance. Similarly, “gigsters” (the app’s name for the available workforce) create a profile including their bio,, photo, skillset, and set their availability each day or in advance. For each “gig”, the business searches for available gigsters who match their list of required skills for that particular position. Once the search turns up all available gigsters, the business can then peruse each profile and make their selection. The app works both ways however, and gigsters may also search and submit themselves for available gigs in their area. Both parties will be able to rate their experience and leave reviews for one another. Users can enable or disable email and text alerts from the app at any time.
The service is free to download, generating revenue via a small “connection fee” amounting to 5 percent from the gigster and 15 percent from the business based on the shift’s total offer (rate x number of hours worked). As the industry’s well-documented staffing crisis has become more pervasive, restaurants have been increasingly unable to open due to staffing shortages. “I was washing dishes in my kitchen after somebody no-showed, and simultaneously got an alert on my phone that my Air BnB property had been rented out,” says Ellsworth, a chef who has run kitchens in Charleston for decades. "It was a lightbulb moment! I thought to myself, why can’t I use an app to press a few buttons and have a willing dishwasher show up?"
SideGig will be available for download in the App Store after the beta testing phase concludes later this year. For now, both businesses and workers can sign up to take part in beta testing at www.sidegigworks.com.
For interviews and media inquiries, please contact: ABrock@chefseanbrock.com
Last updated: May 31, 2019
Side Gig Services provide premier platforms, mobile Apps, and a social network for connecting individuals currently employed or those seeking employment in various industries (“Gigsters”) as well as employers (“Staffers”), vendors, business partners, contractors, prospects, and other people or entities using the Services (collectively, “Users”). For all purposes hereunder, the term “Side Gig” shall include Side Gig’s parents, subsidiaries, assigns, successors, and licensees. Use of the Services is void where prohibited.
SERVICES ARE NOT DIRECTED TO, AND NOT INTENDED FOR THE USE OF, CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, DO NOT REGISTER OR SUBMIT ANY PERSONAL INFORMATION TO THE SERVICE.
2. USERS AND SUBSCRIPTION
Only User: You hereby agree that you will be the sole user of your account, that no other individuals are authorized to use your account, and that you are responsible for all use of your account and activity thereon. You agree to contact Side Gig immediately upon discovering or suspecting unauthorized use of your account.
Information Provided by Users: It is the responsibility of users to provide accurate, timely, updated and complete information to us when creating an account and using the Services and we are not responsible for any claims or disputes related to any incomplete, inaccurate or untimely information provided by you to us.
Prohibited Activities: In the interest of maintaining your integrity and the integrity of the Services, please do not:
• Share, provide, produce, display, publish or disseminate to others content that:
o Is defamatory, abusive, obscene, profane, objectionable, offensive, libelous, sexually
oriented, threatening, harassing, or racially offensive; o Is illegal or infringes or violates another user’s rights, promotes illegal activity including copying the copyrighted works of another user, or provides instructional information about illegal activities Is inaccurate, false, out-of-date or misleading, including profile images that are not your likeness or misrepresenting your current or previous employment and qualifications; Is harmful or threatening to the safety of users; Promotes racism, bigotry, hatred or physical harm against any individual or group of individuals; o Consists of “junk mail,” “chain letters,” or “spamming”; o Contains any restricted, password only, or hidden pages or images; o Contains any material targeted at individuals under the age of eighteen (18), including material that exploits such individuals in a sexual or violent manner or solicits personal information from them; o Requests passwords, account information, or personally identifying information for any
commercial or unlawful purposes from another user; and o Engages in commercial activities and/or sales without Side Gig’s prior written consent including, but not limited to, contests, sweepstakes, bartering, advertising and pyramid schemes.
• Impersonate another user or entity or create an account for anyone other than a natural person;
• Harass others in any way, including stalking;
• Expressly state or imply that any statements you or others make are endorsed by Side Gig unless you have the prior written consent of Side Gig;
• Use any software, application, program, device or process, including the use of any robot or spider, to gather, catalog, or in any way duplicate or circumvent the structure or appearance of the Services;
• Post, distribute, duplicate, infringe, remove, or otherwise use any copyrighted materials, trademarks, brands, logos or other proprietary information or notices without obtaining the prior written consent of the owner of such rights;
• Disrupt or interfere in any way with the Services or any of the servers or networks connected to the Services;
• Utilize or copy any information or content to provide any service that is competitive, in Side Gig’s sole discretion, with Side Gig or access the Services for any competitive purpose including monitoring availability, performance or functionality;
• Share, provide, produce, display, publish or disseminate to others any material that contains any sort of virus or any files or programs that are designed to disrupt, destroy or reduce the functionality of the Services or any software, hardware, and/or equipment related to it;
• Share any non-user information without such non-user’s express permission;
• Disguise the origin of any information transmitted via the Services;
• Direct any person to the Services by using meta tags, code, or any other devices including any reference to the Services to for any reason whatsoever;
• Remove, cover or otherwise obscure any form of advertisement included on the Services;
• “frame” or “mirror” any part of the Services without our prior written authorization;
• Alter, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any portion of the Services or any other software used on or for the Services; and/or
• Override or attempt to override any security component on the Services.
You agree to immediately report to Side Gig any suspected misconduct or false information provided by other users of the Services.
Side Gig reserves the right to investigate and take legal action against anyone who violates the above provisions including, without limitation, the right to suspend or terminate the account of any such violators. The above list is not all-inclusive as to activities for which an account may be suspended or terminated.
No Joint Venture or Agency: Simply by virtue of using the Side Gig Service, users are not employees, independent contractors, or creating any other agency relationship with Side Gig. You agree that if Side Gig intends to create an independent contractor relationship, partnership, joint venture, employer- employee, franchise relationship or any other agency relationship of any kind the parties will enter into a written agreement.. Side Gig expressly disclaims any liability arising between users of the Services.
Notice of Cancellation: Until and unless you or Side Gig terminates your account, such account will continue for an indefinite period of time. Should you prefer stop using the Services, please send an email to cancel to: If you have paid for any services and you decide to terminate your account, you may use those services through the end of the commitment period, and you will not receive any refund of fees.
Fees: By creating a client account, you are responsible for providing timely payment for all services provided by Side Gig, and your acceptance in setting up an account in our systems authorizes Side Gig to charge you in accordance with the applicable service agreement(s) and attachments, including but not limited to scopes of work (“SOW”). You will be advised in advance of any fees or charges for service on your account.
Miscellaneous: As a user of Side Gig, you agree to:
• Comply with all applicable local, state, federal and international laws including, without limitation, privacy, intellectual property, and tax laws along with all other regulatory requirements;
• Provide accurate and updated information;
• At all times while using the Services, act professionally and responsibly.
For information about our responsible disclosure policy and any other technical inquiries, send an email to: email@example.com
2a OCCUPATIONAL HAZARD INSURANCE
You acknowledge that as a Gigster you are an independent contractor, not an employee of Side Gig, LLC. As such, you acknowledge and understand that you are not covered by any insurance that may be provided by Side Gig to its employees, including, without limitation, health insurance, workers compensation insurance, general liability insurance, and automobile liability insurance. Side Gig requires that, as an independent contractor, you maintain workers’ compensation or occupational accident insurance for which you are solely and exclusively responsible for; Specifically, in the event that you are injured while working in the course and scope of an engagement for Side Gig, LLC, you acknowledge and understand that you will not be covered by any workers compensation insurance coverage that Side Gig may provide to its employees. Further, in the event that your actions cause an injury to a third party while you are working in the course and scope of performing a Side Gig Engagement or the Services, you acknowledge and understand that you will not be covered by any general liability or automobile liability insurance coverage that Side Gig, LLC may have, and that Side Gig is not making any commitment to defend and/or indemnify you in such circumstances, and specifically denies such obligation. If you do not provide proof of workers’ compensation or occupational hazard insurance, you will be charged a Trust and Safety Fee that will be paid towards Side Gig’s supplemental occupational accident insurance. By agreeing to these Terms, you are agreeing to pay this fee.
4. INTERACTIONS WITH OTHER USERS
Interaction between users: You are solely responsible for all interactions with other users. Businesses, Specialists, and all users agree to make their own decisions regarding persons they employ, and work (gigs), job positions, campaigns, events or projects they claim. Users represent, understand and expressly agree that Side Gig does not have any liability for or control over any user’s authenticity, integrity, abilities or responsibility online or onsite in the workplace. Additionally, all users expressly agree not to hold Side Gig or its officers, directors, agents, investors, and employees liable for any damage, suits, claims, disputes or controversies whatsoever arising from any relationship developed on or in connection with the Services.
Public Areas: Users are prohibited from using the Services to share or receive any content that is inappropriate or offensive to other users, as determined by Side Gig in our sole discretion. You hereby
agree not to: i) in any way distribute or disseminate profane, offensive, obscene, infringing or unlawful material or information; ii) use the Services in violation of any local, state, national or international law; iii) slander, abuse, threaten, harass or otherwise violate any legal rights of others; iv) upload any files to the Services that violate the legal rights (including intellectual property, privacy, publicity rights) of any third party or contain any viruses or may damage the Services or any user’s system in any way; v) download any file that you know, or reasonably should know, cannot be legally distributed or disseminated through the Services; vi) advertise, sell, or offer to sell any goods or services on the Services for any purpose which is not relevant to the services offered by Side Gig including conducting or forwarding any surveys, contests, etc.; vii) impersonate another user or allow another individual to use your account in any way; viii) “spam” (e.g., post the same note, message, or information repeatedly); or ix) in any way prevent other users from using and enjoying and/or benefitting from the Services. You agree Side Gig is not responsible for the misuse or misappropriation of any content or information you provide to the Services, such as posts in any publicly viewable area of the Services, your profile, or reviews.
4a. INTERACTIONS WITH OTHER STAFFERS
In an effort to promote a safe and harassment free work environment for Staffers and Gigsters, Your acceptance of any gig is also the acceptance of the rules and conditions of that Staffers workplace so long as they do not alter the terms and conditions of this agreement or make Side Gig liable in any way.
Acceptance of a gig is your agreement as an independent contractor to abide by the terms and conditions as they are found in the Staffers Employee Handbook as they relate to safety and harassment; However, this paragraph specifically excludes those terms and conditions that would alter your status as an independent contractor.
6. YOUR RIGHTS
7. SERVICE USE PROHIBITION
The Services is for the use of individuals and client company users only and any use in connection with any non-Side Gig commercial endeavors without the express prior written consent of Side Gig is strictly prohibited. Businesses may only use the Services as users for authorized purpose. Side Gig reserves the right to take any and all appropriate legal action. Side Gig reserves the right to terminate your use of the Services in its sole discretion at any time and for any reason. You agree that your use of the Services is with the revocable permission of Side Gig.
8. BILLING AND PAYMENT POLICY
At Present there is no policy regarding Payments. Side Gig does not charge a service fee for connections through its Market Place. Payments due Gigsters must be arranged with Staffers. Side Gig is never responsible for procuring any payments due Gigsters and are not liable for non-payment for services provided by Gigsters to Staffers.
In the event that you become involved in any dispute with one or more other users or Side Gig, you hereby release and forever discharge Side Gig and its officers, directors, agents, investors, and employees from all past, present, and future claims, causes of action, demands, lawsuits, actions, liabilities, losses, expenses, obligations or damages of every kind and nature (including personal injuries, death and property damage), whether known or unknown, suspected and unsuspected, disclosed and undisclosed, arising directly or indirectly out of or in any way connected with such disputes, the Services, or Side Gig.
10. SIDE GIG LIABILITY
You agree not to seek to or to hold Side Gig and its officers, directors, agents, investors, and employees liable for any services delivered which originated through the Services or were otherwise provided by any user of the Services.
12. INTELLECTUAL PROPERTY RIGHTS
Side Gig owns and retains all intellectual property and other proprietary rights throughout the world in the Services. All such intellectual property and other proprietary rights, including any software, text, typefaces, graphics, layouts, content, data, formatting, designs, HTML, graphs, photographs, videos, designs, sounds, images, look and feel, and other content on the Services, and the coordination, selection, arrangement and enhancement of any such materials as a collective work under the United States Copyright Act, as amended, is owned by or licensed to Side Gig. You agree Side Gig owns and retains all such rights that are protected in all forms and through all media and technologies now known or hereinafter developed. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of these rights without Side Gig’s prior express permission in a signed writing, unless such use falls under an exception. Users are prohibited from posting, sending, sharing, or distributing any Side Gig materials or content that they do not own or have permission to use. In addition to the termination of your account,
violation of this policy may result in copyright, trademark, patent or other intellectual property rights violations and liability, and civil or criminal penalties. The Services contains materials protected by the domestic and international laws of copyrights, trademarks, patents, and other proprietary rights and laws and any use of such materials is expressly prohibited without the prior signed written permission of Side Gig or the relevant right holder or as otherwise permitted herein.
13. RELIANCE ON CONTENT ON THE SERVICE
You agree that Side Gig is not responsible for your reliance on any information or content made available through the Services, other than that provided directly by Side Gig, and the authors of such information and content are solely responsible for such content. Side Gig does not guarantee the accuracy or completeness of any information on the Services or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any third party or user that appears on the Services. You agree that Side Gig will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Services.
You are prohibited from posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior written consent of the owner of such proprietary rights. If you, in good faith, believe that any materials on the Services infringe upon your copyrights, please provide our Copyright Agent with the following (see 17 U.S.C. 512(c)(3) for further detail):
A description of the copyrighted work that you believe has been infringed upon, why you think it has been infringed, and the exact location on the Services where such material is located;
A description of where the original or an authorized copy of the copyrighted work exists;
An electronic or physical signature of the person who either owns the copyright or has authorization to act on behalf of the owner;
Your contact information including your full name, address, telephone number, and email address;
A statement from you that you in good faith believe that the disputed use is not authorized by the copyright agent or owner or the law; and
An additional statement by you, made under penalty of perjury, that the information in your notice is complete and accurate, and that you are the copyright owner or authorized to act on the owner’s behalf.
If you believe that your content that was removed (or to which access was disabled), is not infringing, is subject to the copyright defense of “fair use” pursuant to 17 U.S.C. 107, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material
in such removed content, you may send a counter-notice containing the following information to our Copyright Agent:
your physical or electronic signature;
identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the United States District Court for the Southern District of New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our Copyright Agent, we may, in our sole discretion, send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the provider of the content or user, the removed content may be replaced, or access to it restored.
16. MODIFICATIONS TO THE SERVICE
Side Gig reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Services or any content or information thereon with or without providing notification to users. You agree that Side Gig and its officers, directors, agents, investors, and employees are not liable to you or any third party for any modification or discontinuance of the Services.
17. LIMITATIONS ON USE
19. NOTIFICATIONS AND SERVICE MESSAGES
You agree that we may communicate with you regarding the Services, your Side Gig account and all services via your Side Gig account or through certain other means including email, mobile number, telephone, or via delivery services including the postal service. You further agree that Side Gig and its officers, directors, agents, investors, and employees have no liability connected with or arising from your failure to maintain current and accurate contact information including, without limitation, your failure to receive critical information regarding the Services.
You agree that Side Gig and its officers, directors, agents, investors, and employees are not responsible for any incorrect or inaccurate content or information posted on the Services or in connection with the Services and no user should rely on any information therein or the continuation of the Services.
THE SERVICE AND ALL INFORMATION AND ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SIDE GIG, ITS OFFICERS, DIRECTORS, AGENTS, INVESTORS, AND EMPLOYEES, AND EACH OF THEIR RESPECTIVE AFFILIATES, ADVERTISERS, PROMOTERS, OR DISTRIBUTION PARTNERS WILL IN NO WAY AND UNDER NO CIRCUMSTANCES BE RESPONSIBLE FOR ANY CLAIM, DEMAND, LOSS OR DAMAGE OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SERVICE, WHETHER ONLINE OR OFFLINE. WE DO NOT CONTROL OR REVIEW USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NON-INFRINGEMENT. SHOULD YOU BECOME DISSATISFIED OR HARMED BY THE SERVICE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH THE ABOVE SECTION “TERM.”
We have no obligation to verify the identity of the individuals or users subscribing to the Services, nor do we have any obligation to monitor the use of Services by users. Therefore, we disclaim all liability for identity theft or other misuse of your identity or information. We are not responsible for the conduct, whether online or offline, of any user of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operations or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications, nor are we responsible for any problems or technical malfunctions whatsoever including, but not limited to, malfunctions of telephone networks or lines, computer online systems, servers or providers, computer equipment, software, failure of email, traffic congestion on the internet or at any website. Such malfunctions further include damage or injury to your or any other person’s computer or device relating to or resulting from participation or use of the Services.
We are not responsible for any communications occurring on the Services or as a result of any of the Services and make no representations or warranties as to the delivery of any messages. Further, we do not represent or warrant that your use of the Services will not infringe on the rights of third parties. Any material, service or technology described or used on the Services may be subject to intellectual property rights owned by third parties who have licensed such material, service or technology to Side Gig.
23. LIMITATION OF LIABILITY
Other than connecting with users for the purpose of receiving or providing a Gig, users are prohibited from using the Services for the purpose of recruiting for another website or soliciting, advertising to, or contacting other users for employment, contracting, or any other purpose for a business not affiliated with Side Gig without the express written consent of Side Gig. As previously noted, we reserve the right to terminate your account or use of the Services in our sole discretion at any time if you violate these Terms and Conditions. We further reserve the right to take appropriate legal action including, without limitation, civil or criminal actions, and requesting injunctive relief.
25. DISPUTE RESOLUTION, ARBITRATION, AND GOVERNING LAW
You agree to first try to resolve any dispute informally by contacting us at firstname.lastname@example.org. We will respond to you by email and attempt to resolve disputes you submit to us. If a dispute you present to us is not resolved within 30 days of the first email submission regarding the dispute, formal proceedings may be initiated according to the following terms.
Side Gig provides assistance to its users through its Customer Service Representatives. Communications between you and our Customer Service Representatives may be recorded for quality assurance purposes and you are prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate toward our Customer Representatives. We reserve the right to immediately terminate your account, and you will not be entitled to any refund, if we, in our sole discretion, feel that you have mistreated our Customer Services Representatives in any way.
THIS IS NOT A CONTRACT OF EMPLOYMENT AND DOES NOT ALTER YOUR INDEPENDENT CONTRACTOR STATUS.