GiGzy

Terms & Conditions

This website (referred to as “www.gigzy.pt”) and the brand GIGZY are owned by D-RANDM – COMÉRCIO E SERVIÇOS, LDA, a limited liability company, with the corporate identification number 516796674, headquartered at Rua Cecílio de Sousa, 80, 3rd floor, 1200-422 Lisbon, Portugal, in accordance with these Terms and Conditions.

These Terms and Conditions (“Terms”) govern the use of our marketplace for artists, performers, entertainers, teachers, among others (“Vendor(s)”), and establish the legal rights and obligations between the customer (“Client”), the (“Vendor(s)”), and the website (“we” or “our”).

This Agreement on the Terms of Use, which includes, in particular, the terms and conditions and payment policies of this website, constitutes a contract entered into between GIGZY and those who use the platform, and therefore should be read carefully.

By accessing these Terms and Conditions on behalf of a legal entity, the User declares and warrants that they are authorized to act on behalf of that entity and acknowledges that GIGZY is not obligated, does not perform, and will not perform any validation of the powers of representation.

The use of the services provided by this website implies acceptance of its Terms of Use, including its privacy policy. Therefore, in case of disagreement with any of its provisions, the use of the service is not permitted.

1. Service Description

1.1 The Website is an online marketplace that allows Clients to hire professionals and amateurs from all artistic and professional fields for the realization of live events, such as parties, weddings, public and private events, as well as for services in the hospitality and corporate sectors.

1.2 We offer two modalities for booking services:

(i) Search for existing profiles: You can search and explore the profiles of Vendors available on the Website, Application, and Services to find the suitable professional for your needs.

(ii) Creation of an advertisement with specific requirements: If you cannot find a suitable profile, you can create an advertisement detailing the specific requirements of the desired service. Vendors can then apply to your advertisement based on the provided information.

1.3 Service providers are referred to as “Vendors,” and customers are referred to as “Clients.”

1.4 The GIGZY Website, Application, and Services are intended to facilitate the listing and booking of opportunities for Vendors, professionals, and amateurs in the entertainment industry. As an unregistered visitor to the Website, Application, and Services, you can view the profiles of Vendors; however, if you wish to book a vendor or apply to an advertisement, you need to register to create a GIGZY account (as defined below).

1.5 As mentioned earlier, GIGZY provides a platform or online marketplace with related technology for Vendors and Clients to meet online and arrange bookings for entertainment-related activities directly between themselves. It is important to note that GIGZY is not the owner, operator, or provider of entertainment services and does not own, manage, and/or control vendors or licenses.

Unless explicitly stated otherwise on the GIGZY platform, the responsibilities of GIGZY are limited to:

(i) Facilitating the availability of the Website, Application, and Services.

(ii) In some cases, acting as a limited payment collection agent for each vendor, for the purpose of accepting payments from Clients on behalf of the vendor.

2. Account Registration

2.1 By using the Site, you declare that you are at least 18 years old. Individuals under the age of 18 are not authorized to use the Site.

2.2 To use certain features of the Site, you need to create an account. By registering, you agree to provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of all your account information.

2.3 Use of personal data: By creating an account, you agree that GIGZY collects and uses your personal information in accordance with the Privacy Policy. Please make sure to read and understand the Privacy Policy before providing your information.

2.4 Account responsibility: You are solely responsible for all activities carried out on your account. It is important to keep your account information secure and not share it with unauthorized third parties.

2.5 Updating information: It is your responsibility to ensure that your account information is always accurate and up to date. If there are any changes to your information, you should promptly update it.

2.6 Unauthorized use: If you suspect or become aware of any unauthorized use of your account, you should immediately notify GIGZY and take necessary measures to protect your account and data.

2.7 Account termination: You may terminate your account at any time by contacting GIGZY or using the available options on the Site. GIGZY also reserves the right to terminate your account if you violate these terms or any other applicable policies.

2.8 Inactive accounts: GIGZY may terminate accounts that remain inactive for an extended period, in accordance with its inactive account policy. If your account is terminated due to inactivity, you may lose access to services and content associated with your account.

2.9 False or fraudulent accounts: GIGZY does not allow the creation of false or fraudulent accounts. If any suspicious activity or violation of these terms is identified, GIGZY reserves the right to terminate the account and take appropriate legal measures.

3. Data Protection and Privacy

3.1 Personal data protection is important to us. We collect, store, and use information in accordance with our Privacy Policy. By using the Site, you agree to the collection and use of your personal information as outlined in our Privacy Policy.

4. Vendor’s Content

4.1 After registration, Vendors will be allowed to perform 3 “GiGs” for free. For Vendors interested in creating a larger number of “GiGs,” they can purchase advertisement packages through GIGZY. GIGZY reserves the right to adjust the number of advertisements and their final price per advertisement package in exceptional cases, with prior notification. Such adjustments may be necessary due to market changes, operational costs, or other relevant circumstances.

4.2 Vendors are permitted to add text, detailed service descriptions, and images related to their profiles. They can use this functionality to highlight their skills, experience, and provide relevant information to Clients.

4.3 However, it is crucial to respect the content guidelines set by GIGZY. The use of offensive, illegal, or copyright-infringing content is strictly prohibited. This includes, but is not limited to:

4.3.1 Offensive content: Any content that is discriminatory, abusive, threatening, defamatory, pornographic, or promotes any form of violence, hatred, or intolerance.

4.3.2 Illegal content: Any content that violates the law, including, but not limited to, content related to criminal activities, illicit drugs, incitement to violence, fraud, among others.

4.3.3 Copyright: Vendors must respect the copyrights of third parties. It is not allowed to use images, texts, or any other copyrighted content without proper authorization from the rights holder.

4.4 GIGZY reserves the right to remove or request the removal of any content that violates the established guidelines. Additionally, we may take appropriate actions, including the suspension or termination of the Vendor’s account, if a violation of these guidelines is identified.

4.5 Vendors are responsible for the content they add to their profiles and must ensure compliance with all applicable laws and not infringe upon the rights of third parties.

4.6 GIGZY does not assume any responsibility for the content added by Vendors, but we continuously work to ensure the integrity and quality of the platform, maintaining a safe and respectful environment for all users.

4.7 If you identify any content that violates the mentioned guidelines above, we kindly ask you to inform us immediately so that we can take appropriate measures.

5. Reservation Terms and Conditions

5.1 By making a reservation through the GIGZY platform, whether electronically or in writing, the Client enters into a legally binding contract with the Vendor (vendor), subject to the following terms and conditions of reservation, which are non-negotiable.

5.2 Reservation Confirmation: By submitting a Booking Request, the Client is entering into a legally binding contract with the vendor, committing to make the reservation. Once the full payment for the reservation is made and the service is completed, it is considered “complete.” It is the responsibility of the Client to inform the Vendor in advance of who the designated point of contact will be on the day of the event.

5.2.1 The Reservation is considered guaranteed when full payment is made.

5.3 Direct Contact with Vendors: All details regarding a verbally agreed reservation must be confirmed in writing with the Vendor using the “Message” function on the GIGZY platform. A reservation is not considered agreed upon until it is formally requested through the “Book Now/GiG it or other applicable nomenclature” button on the Vendor’s profile page on GIGZY. If a reservation is initiated on the GIGZY website but concluded in person without using the platform, GIGZY cannot be held responsible for any cancellations or issues related to the reservation, and no payment guarantee or vendor replacement will be applicable.

5.4 All payments processed through the GIGZY website are transferred via our payment provider, Stripe. Stripe has undergone an audit conducted by a PCI-certified auditor and is certified as a PCI Level 1 Service Provider. This certification is the most stringent available in the payment industry. By making payments through GIGZY, you agree to the Stripe Services Agreement (https://stripe.com/en-pt/legal/ssa).

5.5 Invoicing Automation and Tax Compliance: GiGzy uses InvoiceXpress, an online invoicing platform certified by Portugal’s Tax Authority, to streamline billing and ensure tax compliance. Users, whether artists or clients, agree to create and manage an InvoiceXpress account for automatic invoice issuance and communication with the Tax Authority. This automation ensures efficient and transparent financial transaction management through GiGzy, adhering to all applicable tax regulations. Users consent to provide necessary information for account setup and maintenance, authorizing GiGzy to act on their behalf in compliance with GDPR and other relevant data protection laws.

5.6 Non-payment: If payment is not received within the required time frame (as indicated at checkout and in subsequent email communications and on the page), GIGZY reserves the right to cancel the reservation. This measure will be taken only as a last resort, after multiple reminder attempts and payment requests. At this point, the reservation will be subject to the cancellation policy as established in the clause.

5.7 Notes on Bank Transfer Payments to GIGZY: GIGZY will not be responsible for any errors made by the Client when transferring money to an incorrect account. Payment will be considered successful only if the money is received in the bank account specified by GIGZY in the reservation. Please take care to enter the bank details exactly as indicated in the reservation email. All bank transfers must use the reference number provided in the reservation email. Note that deposits and remaining balance payments have different reference numbers.

5.8 Off-platform Payments: All payments associated with the reservation must be made through the Stripe payment system. Payments made outside the platform will not be covered by the GIGZY Cancellation Policy.

5.9 Cancellation: In the event of the need to cancel a reservation, the Client must immediately inform GIGZY of any changes by contacting support@gigzy.pt. If a Client needs to cancel, they must notify GIGZY before informing the Vendor. Notifying the Vendor about the cancellation is not considered a valid form of cancellation. All communication related to cancellations must be directed through GIGZY. All cancellations are subject to the Cancellation Policy. In cases where a Vendor uses their own contract, the GIGZY Terms and Conditions, along with the GIGZY cancellation policy, will take precedence.

5.10 No-Show Policy: A “no-show” is considered when a Vendor fails to inform GIGZY that they will be unable to fulfill a reservation or informs GIGZY of the cancellation less than 48 hours prior to the start of the work, not allowing enough time to find a replacement vendor. In the event of a “no-show” by the Vendor, any deposit received should be refunded immediately to the Client. Additionally, GIGZY reserves the right to remove the Vendor from the platform and charge reasonable compensation of up to 50% of the performance fee for the event. This policy does not apply in cases where the Vendor cannot perform due to force major events.

5.11 Changes to Reservation Details:

5.11.1 If a Client needs to make changes to the reservation details before the reservation has been guaranteed, such as the lineup, duration of performance, or fee amount, this must be done using the GIGZY platform and must be accepted by both parties before the reservation is confirmed.

5.11.2 Once a reservation has been guaranteed, Clients should not communicate changes to the reservation details directly to the vendor without first contacting GIGZY. If a client needs to make changes to the reservation details after the reservation has been guaranteed, such as the lineup, duration of performance, or quotation, this should be communicated to GIGZY through support at payment@gigzy.pt.

6. Delays in the Event Schedule and Late Finish Fees

6.1 If the event extends beyond the Vendor’s control and they are unable to perform until the end, there will be no reduction in the agreed-upon fee. However, if the event is prolonged beyond the original end time and the Vendor is requested by the Client and agrees to continue their performance, the Vendor is entitled to receive additional payment from the Client at their discretion.

6.2 This additional payment must be reported to GIGZY at payment@gigzy.pt within 24 hours after the event. If any other changes occur on the day of the event that result in additional payment to the vendor, this payment must also be reported to GIGZY within the 24-hour time frame after the event.

6.3 The vendor has the right to refuse to finish the event beyond the agreed-upon end time without penalty.

7. Communication and Performance Conditions

7.1 The Client is responsible for ensuring that the vendor receives all accurate and complete details related to the event’s location and schedule. If these details are not communicated during the initial inquiry, they must be confirmed in writing with the vendor using the Message function on the GIGZY platform.

7.2 Failure to do so may result in the vendor not knowing what time they are expected to perform or being unable to locate the event’s venue. In such cases, the Vendor may be entitled to full payment, and the Client will not have an automatic right to a refund of any previously paid amounts.

7.3 Relevant performance conditions and provisions should be communicated to the Vendor by the Client prior to confirming the reservation. Examples of performance conditions include the performance space size, contingency plans for outdoor performances in case of rain or adverse weather conditions, sound limits, rehearsal times, dressing rooms, and provisions for food and beverages.

7.4 The vendor has the right to refuse to perform if the performance conditions are below what was agreed upon with the Client or if they are objectively unacceptable for a live music performance. In the event that the conditions are confirmed in advance and not met by the Client, the Vendor is entitled to their full fee, provided they can present evidence of unacceptable conditions.

7.5 The Client is responsible for ensuring that the venue and performance area are safe for the Vendor’s performance, including protecting them from harassment, insults, or dangerous situations caused by guests. The vendor has the right to interrupt the performance if they are threatened or put in danger.

7.6 Additionally, the vendor has the right to cancel a reservation if they are threatened or perceive a threat during communication with the Client before the event, or if it becomes clear that fulfilling the reservation would pose a security risk to the vendor. In such cases, GIGZY will have the power to take appropriate measures, and associated refunds will be handled at the sole discretion of GIGZY. The Client will not have an automatic right to a refund of any previously paid amounts.

8. Use of Alternative or Substitute Vendors

8.1 GIGZY may grant the vendor the right to use an alternative or substitute vendor, but only with the Client’s consent.

8.2 Any alternative or substitute vendor will be subject to the same terms and conditions set forth in the original vendor contract.

9. Disintermediation and Evasion

9.1 By hiring a vendor through GIGZY and benefiting from the platform’s services, Clients agree not to take bookings originated on GIGZY outside the platform or use the service to generate more bookings outside the platform.

9.2 This practice is against GIGZY’s terms and conditions, and Clients who violate this policy may be banned from using the platform in the future.

9.3 If a Client wishes to offer further work to a vendor as a result of a booking made through GIGZY, they should contact the GIGZY team to discuss the details.

10. Dispute Resolution

10.1 If a dispute arises as a result of a booking, the Client should register the dispute by contacting GIGZY as soon as possible through the support channel at support@gigzy.pt.

10.2 Registering a dispute will suspend any payment transactions for a period of up to 7 days, during which both the Client and the Vendor will be asked to provide evidence related to the dispute.

10.3 If the evidence is inconclusive, the default position will be that vendors will receive their agreed-upon fee.

10.4 By accepting a booking through GIGZY, all vendors agree to adhere to GIGZY’s Code of Conduct.

10.5 If a Client believes that a vendor has behaved inappropriately, GIGZY will take the necessary steps to resolve the situation.

11. Insurance

11.1 For bookings where required, the Client is responsible for ensuring that the vendor has adequate liability insurance.

11.2 GIGZY is not liable for any damages to individuals or their personal property that occur in a booking made through the GIGZY platform.

12. Commission Fee

12.1 Vendors agree to pay a 15% commission fee on the total value of the contracted service, related to the services provided through the website. This commission applies to all transactions conducted by vendors and is intended to cover GIGZY’s administrative and operational costs.

12.2 The commission will be automatically deducted, with the net value of the contracted service being transferred to the vendor’s account, 48 hours after the service is provided, after deducting the 15% commission.

12.3 GIGZY reserves the right to adjust the commission fee in exceptional cases, with prior notification to the affected vendors. Such adjustments may be necessary due to market changes, operational costs, or other relevant circumstances.

12.4 Detailed information about the commissions and their application can be found in the Fees and Services section on the GIGZY website. It is the Vendor’s responsibility to review and understand the commission policies before using the website.

12.5 In the event of termination of the contracted service or closure of the vendor’s account, the commissions already paid will not be refunded. The Vendor is responsible for the full payment of commissions due until the service end date or account closure.

12.6 GIGZY may periodically review the commission fees and notify Vendors of any changes through notifications on the website or via email. Continued use of the website after receiving notification of commission fee changes constitutes acceptance of the new fees.

12.7 Any additional taxes or fees applicable to the commissions will be the responsibility of the Vendors and must be paid in accordance with applicable tax laws and regulations.

12.8 We make every effort to ensure accuracy and transparency in commission charges. If a Vendor has any questions or disputes regarding the charged commissions, they should contact GIGZY for clarification and resolution of any outstanding issues.

13. Booking and Financial Obligations

13.1 Vendors, not GIGZY, are solely responsible for honoring all confirmed bookings and providing the reserved services through the Site, Application, and Services. By choosing to transact with a Vendor to book a service, as a Client, you agree and understand that you will need to enter into an agreement with the Vendor and accept all terms, conditions, rules, and restrictions related to those Services, as set forth by the Vendor. It is essential to acknowledge and agree that you, not GIGZY, will be responsible for fulfilling the obligations established in those agreements since GIGZY is not a party to them, except for the payment obligations as stated in these terms. Therefore, GIGZY is not liable for any liability arising from or related to those agreements.

13.2 The total Fees to be paid will be presented to you before sending a booking request to a Vendor. In the event of a requested booking being canceled (i.e., not confirmed by the corresponding Vendor), any amount charged by GIGZY will be refunded to you, according to the options selected through the Site and Application, and any credit card pre-authorization will be released, where applicable.

13.3 As a Client, you agree to pay the Total Fees due to GIGZY for any requested and confirmed booking by the corresponding Vendor, in connection with your GIGZY Account. To establish a pending booking awaiting confirmation by the Vendor, GIGZY reserves the right, at its sole discretion, to (i) obtain a pre-authorization of your credit card for the Total Fees or (ii) charge a nominal amount, not exceeding one dollar (€1) or an equivalent value in the currency the transaction is being conducted, to verify your credit card. Normally, the Total Fees are collected by GIGZY as soon as confirmation of the booking by the corresponding Vendor is received. However, in some cases, the Total Fees may be collected at a later time. Please note that GIGZY has no control over any fees charged by your bank related to the collection of the Total Fees and therefore disclaims any liability in this regard.

13.4 When making a booking, you will be asked to provide billing information, such as name and credit card details, for Payment on GIGZY or third-party payment processors. By agreeing to these Terms, you authorize GIGZY to charge the corresponding amounts through the credit card provided as part of the booking request, either directly or indirectly through third-party online payment processors or through one of the payment methods mentioned on the Site or Application. If you are redirected to GIGZY’s third-party payment processors, please be aware that you will be subject to the terms and conditions applicable to their service, as well as the personal information collection practices adopted by them. It is recommended that you review the terms and conditions as well as the privacy policy before using their services. Upon completion and confirmation of your booking transaction, you will receive a confirmation email summarizing the details of the reservation.

14. Rounding

14.1 GIGZY reserves the right, at its sole discretion, to round up or down the values payable from or to Clients or Vendors to the nearest whole functional base unit in which the currency is denominated. For example, GIGZY may round a value of €101.50 to €102.00, and €101.49 to €101.00.

15. Errors in Payment Processing

15.1 We will make every effort to correct any payment processing errors that come to our attention. These measures may include crediting or debiting (as appropriate) the same payment method used for the original payment to ensure that you receive or pay the correct amount.

16. Refund Policy

16.1 The Site does not provide any refund guarantees beyond those stipulated in these Terms and Conditions.

16.2 If a refund is necessary, the Client must contact the Vendor directly. GIGZY is not responsible for refunds related to services provided by Vendors.

17. Disputes and Issues with Your Services

17.1 The Site is not responsible for the quality, delivery, or any issues arising from the services provided by Vendors.

17.2 In the event of disputes between Clients and Vendors or issues related to the contracted services, we recommend that the involved parties resolve the matter directly. GIGZY may, at its discretion, assist in dispute resolution upon request.

17.3 GIGZY reserves the right to take appropriate action, without prior notice and without refunding any fees, in case of disputes or issues related to services provided on the Site. These measures may include delaying or immediately removing content, notifying the GIGZY community of a user’s actions, issuing warnings, temporarily or indefinitely suspending a user’s account privileges, terminating a user’s account, prohibiting access to the Site, and implementing technical and legal measures to prevent a user from accessing the Site, as well as refusing to provide services to a user. These measures will be applied if any of the following situations apply:

– GIGZY suspects a user has violated this Agreement, the Privacy Policy, or other incorporated policy documents and guidelines;

– GIGZY is unable to verify or authenticate a user’s personal information or content;

– GIGZY believes a user is acting inconsistently with the terms of this Agreement or GIGZY’s policies, engaged in improper or fraudulent activity related to GIGZY, or if a user’s actions may cause legal liability or financial loss to GIGZY’s users or to GIGZY.

17.4 GIGZY, its directors, managers, employees, and suppliers provide the Site and GIGZY’s services “as is,” without any warranty or condition, express, implied, or statutory. GIGZY, its directors, managers, employees, and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose, and non-infringement. Additionally, no advice or information (oral or written) obtained from GIGZY will create any warranty.

17.5 You agree to indemnify and hold GIGZY, its affiliates, directors, managers, agents, and employees harmless against any claims or demands, including reasonable legal fees, made by any third party due to your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of third parties.

17.6 Any dispute arising out of or related to the subject matter of this Agreement will be subject to the exclusive jurisdiction of the courts of Portugal. The use of the site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this section.

17.7 If you have a dispute with one or more users or an external party, you authorize GIGZY (and its directors, agents, subsidiaries, joint ventures, and employees) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. GIGZY, for the benefit of users, may attempt to assist users in resolving disputes. GIGZY does so solely at its discretion and has no obligation to resolve disputes between users or between users and external parties. To the extent that GIGZY attempts to resolve a dispute, it will do so in good faith based solely on this Agreement and its policies. GIGZY will not make judgments on legal issues or claims, and some disputes related to financial transactions may be determined by a third party.

18. Copyright and Intellectual Property

18.1 All content provided by vendors, including text, images, and videos, is their property. Vendors are responsible for obtaining the necessary permissions for the use and sharing of copyrighted content.

19. License to Use the Site

19.1 You are granted permission to:

– View the pages of our website in a web browser;

– Download pages from our website for caching in a web browser;

– Print pages from our website;

– Stream audio and video files from our website;

– Use our website services through a web browser, subject to the other provisions of these terms and conditions.

19.2 Except as expressly permitted by other provisions of these terms and conditions, you must not:

– Download any material from our website or save it to your computer;

– Use our website for any purpose other than your own personal and commercial use;

– Edit or modify any material from our website, unless expressly permitted by these terms and conditions.

19.3 Unless you own or control the relevant rights to the material, you must not:

– Republish material from our website (including republication on another website);

– Sell, rent or sub-license material from our website;

– Display any material from our website publicly;

– Exploit material from our website for commercial purposes;

– Redistribute material from our website. However, you may redistribute our newsletter in both print and electronic formats to anyone.

19.4 We reserve the right to restrict access to specific areas of our website, or even the entire website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

20. Acceptable Use

20.1 You agree not to:

– Use our website in a way that causes damage or compromises the performance, availability, or accessibility of the site;

– Use our website in an illegal, fraudulent, or harmful manner, or in connection with any illegal, fraudulent, or harmful purpose or activity;

– Copy, store, host, transmit, send, use, publish, or distribute any material that contains or is related to spyware, computer viruses, Trojans, worms, keystroke loggers, rootkits, or other malicious computer software;

– Engage in any systematic or automated data collection activities, including scraping, data mining, data extraction, and data harvesting, in relation to our website without our express written consent;

– Enter or interact with our website through robots, spiders, or any other automated means;

– Violate the guidelines set forth in the robots.txt file for our website;

– Use data collected from our website for direct marketing activities, including but not limited to email marketing, SMS marketing, telemarketing, and direct mail.

20.2 You must not use data collected from our website to contact individuals, companies, or other persons or entities except through the messaging facilities provided on the site.

20.3 You are responsible for ensuring that all information provided by you through our website or in relation to our website is true, accurate, up to date, and not misleading.

20.4 The use of external services incorporated into the site, such as Google Maps APIs, is subject to the terms of use of the external provider.

21. Disclamer

21.1 The Site acts solely as a connection platform between Clients and Vendors. The services are provided exclusively by the vendors.

21.2 The Site is not responsible for the quality, safety, delivery, damages, or any issues arising from the services provided by the Vendors. We recommend that Clients evaluate the reputation and quality of Vendors before hiring their services.

21.3 The Site is not liable for any losses, damages, or claims arising from the use or inability to use the Site.

21.4 You understand and agree that GIGZY is not a party to any agreements established between Vendors and Clients, nor does GIGZY act as an agent or artistic insurer. GIGZY has no control over the behavior of Vendors, Clients, and other users of the Site, Application, and Services, and disclaims all liability in this regard to the maximum extent permitted by law.

21.5 GIGZY cannot guarantee the true identity, age, and nationality of a user, nor the accuracy of any information in a user’s profile on the Site. Therefore, we encourage you to communicate directly with potential transaction partners through the tools available on the Site.

21.6 By accepting a job offer and contacting a Client, a Vendor acknowledges that they are responsible for the legal status of their work activities. GIGZY will not be held liable by either party for Vendors who are restricted from working in the country where a job is posted or listed. We recommend that both Vendors and Clients perform appropriate checks to ensure that carrying out a booking does not violate any applicable laws.

21.7 You agree that GIGZY is a marketplace and, as such, is not responsible for any content, such as data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or external parties on GIGZY. The use of the GIGZY service is at your own risk.

21.8 GIGZY disclaims any liability for personal injuries or damages to instruments or equipment resulting from bookings made through the Site or Application. It is highly recommended that vendors verify and, if necessary, obtain adequate insurance coverage before providing any services. GIGZY does not participate in disputes between Clients and vendors regarding claims for damages of any kind.

21.9 GIGZY recommends that Clients and Vendors maintain clear and documented communication regarding the terms, requirements, and expectations of the contracted service. This will help prevent misunderstandings and potential disputes.

21.10 GIGZY reserves the right to take appropriate action, including the suspension or termination of accounts, in the event of a violation of the Terms, fraudulent activities, inappropriate behavior, or any other action that may harm the integrity of the platform or user experience.

21.11 Vendors are responsible for providing accurate and up-to-date information in their profiles, including their skills, experience, and relevant certifications. GIGZY does not guarantee the truthfulness of this information but encourages users to report any integrity issues or falsification of information.

21.12 Vendors must comply with all applicable laws and regulations when providing their services. GIGZY is not responsible for any legal consequences resulting from illegal activities or non-compliance with current laws.

21.13 GIGZY reserves the right to modify, suspend, or terminate the services, in whole or in part, at its sole discretion and without prior notice. This may occur due to technical issues, system updates, legal requirements, or other circumstances affecting the operation of the Site and Services.

21.14 GIGZY does not conduct background checks or registered sex offender checks on any member, including Clients and Vendors. However, GIGZY reserves the right to conduct such checks at its sole discretion. It is the users’

 responsibility to conduct their own due diligence and take precautions when interacting with other users.

21.15 The Site, Application, Services, Collective Content, and Referral Program are provided “as is,” without any warranty of any kind, express or implied. GIGZY expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, usefulness, or non-infringement. GIGZY does not guarantee that the Site, Platform, Services, Collective Content, or Referral Program will meet your needs or be available uninterrupted, secure, or error-free.

21.16 GIGZY makes no warranties regarding the quality of any listings, services, Vendors, Clients, GIGZY credit accrual, Services, or Collective Content, nor the accuracy, timeliness, truthfulness, completeness, or reliability of any Collective Content obtained through the Site, Application, Services, or Referral Program.

21.17 No advice or information, whether oral or written, obtained from GIGZY or through the Site, Application, Services, or Collective Content, will create any warranty not expressly stated herein.

21.18 You are solely responsible for all your communications and interactions with other users of the Site, Application, or Services and with other individuals with whom you communicate or interact as a result of using the Site, Application, or Services, including but not limited to Vendors and Clients. GIGZY does not verify the statements of users of the Site, Application, or Services, nor does it verify any services. GIGZY makes no representations or warranties regarding the conduct of users of the Site, Application, or Services or their compatibility with any current or future users of the Site, Application, or Services. It is recommended that you exercise reasonable precautions in all communications and interactions with other users of the Site, Application, or Services and with other individuals with whom you communicate or interact as a result of using the Site, Application, or Services, especially if you decide to meet in person outside the online environment, regardless of whether such meetings are arranged by GIGZY.

21.19 Notwithstanding GIGZY’s designation as a limited payment collection agent to accept payments from Clients on behalf of Vendors, GIGZY expressly disclaims any liability for any act or omission of any Client or third party.

22. Cancellation Policy

22.1 We encourage our Clients and Vendors to try to resolve any conflicts or issues directly between themselves through effective communication. If, for any reason, resolution is not possible, GIGZY is available to assist all users, and they can seek assistance in dispute resolution by emailing support@gigzy.pt.

22.2 GIGZY is committed to doing everything possible to assist in the unfortunate event of a user canceling a booking made through GIGZY. While we strive to facilitate refunds whenever possible, the Vendor with whom the “GiG” was booked has the right to retain a portion of the payment made by the customer, the value of which depends on: (i) when the Client made the booking, and (ii) how much time remains until the event at the time of cancellation.

22.3 This document explains our cancellation policy, which is part of the contract for all bookings made through GIGZY.

22.4 Client Cancellations:

If the Client has booked an event more than 30 days in advance:

• Free Cancellations: The Client can cancel an event free of charge as long as the cancellation is made within 48 hours after the “GiG” payment.

• Refundable Cancellation: If the Client cancels the event with more than 30 days’ notice, a charge of 25% of the total value of the “GiG” will be applied. The remaining 75% will be refunded.

• Refundable Cancellation: If the Client cancels the event with less than 30 days’ notice, a charge of 80% of the total value of the “GiG” will be applied. The remaining 20% will be refunded.

• Non-Refundable Cancellation: Cancellations made within 48 hours before the event start time will not be eligible for a refund, except in cases of force majeure (as described below) or at the exclusive discretion of the artist.

22.5 If the Client has booked an event within or equal to 30 days:

• Free Cancellations: The Client can cancel an event free of charge as long as the cancellation is made within 48 hours after the “GiG” payment.

• Refundable Cancellation: If the Client cancels the event with more than 15 days’ notice, a charge of 25% of the total value of the “GiG” will be applied. The remaining 75% will be refunded.

• Refundable Cancellation: If the Client cancels the event with less than 15 days’ notice, a charge of 80% of the total value of the “GiG” will be applied. The remaining 20% will be refunded.

• Non-Refundable Cancellation: Cancellations made within 48 hours before the event start time will not be eligible for a refund, except in cases of force majeure (as described below) or at the exclusive discretion of the artist.

22.6 If the Client has booked an event within or equal to 2 days:

• Non-Refundable Cancellation: Cancellations made within 48 hours before the event start time will not be eligible for a refund, except in cases of force majeure (as described below) or at the exclusive discretion of the artist.

22.7 Vendor Cancellations:

In the event that a Vendor is required to cancel a booking, a member of our team will contact the Client to discuss alternative options directly. In most cases, we are able to find a perfect replacement, and the event can proceed as planned. However, the Client will also have the option of a full refund.

22.8 Exceptions – Force Majeure:

In the  event that an event needs to be canceled due to “Force Majeure,” this agreement will be null and void. An event of Force Majeure, as defined by GIGZY, occurs when a party is unable to fulfill its obligations due to reasons beyond its control, including natural disasters, severe weather conditions, governmental actions, war, terrorism, riots, strikes, death, and unforeseeable events. Under such circumstances, we will strive to assist in resolving any payment disputes but cannot guarantee the transfer of funds between the parties.

22.9 Real Examples:

22.9.1 First Example:

1. The Client makes the payment and confirms the booking of a comedian (Vendor) for a performance at a bar for €500 (2 hours) on October 8, 2023, starting at 8:00 PM.

2. The booking was made on May 18, 2023, at 7:00 PM.

3. On May 20, 2023, at 6:00 PM, the Client decides to cancel the booking as the event will no longer take place.

4. Since the Client canceled within 48 hours after the payment of the booking and the event date is more than 30 days away, they will receive a full refund of €500.

22.9.2 Second Example:

1. The Client makes the payment and confirms the booking of a DJ (Vendor) for a wedding event for €1000 (4 hours) on January 1, 2024, starting at 10:00 PM.

2. The booking was made on November 1, 2023, at 7:00 PM.

3. On December 5, 2023, at 6:00 PM, the Client decides to cancel the booking as the event will no longer take place. They cancel without force majeure reasons.

4. Since the Client made the booking more than 30 days in advance and canceled it less than 30 days before the event date, they will receive a refund of €200 (20% of the final value of the “GiG”).

22.9.3 Third Example:

1. The Client makes the payment and confirms the booking of a Band (Vendor) for a private New Year’s Eve event for €10,000 (4 hours) on December 31, 2023, starting at 10:00 PM.

2. The booking was made on December 5, 2023, at 7:00 PM.

3. On December 15, 2023, at 6:00 PM, the Client decides to cancel the booking as the event will no longer take place. They cancel without force majeure reasons.

4. Since the Client made the booking less than 30 days in advance and canceled it less than 15 days before the event date, they will receive a refund of €2,000 (20% of the final value of the “GiG”).

23. International Billing and Payment Terms

23.1. Invoicing Requirements for Artists

1.1 Artists contracted through the GiGzy platform, who provide services to end customers invoiced by entities based outside of Portugal, must issue invoices directly to the end customers. The artist must send a copy of each invoice to GiGzy for processing.

1.2 Prior to service delivery, GiGzy will provide artists with the necessary billing information of the end customer to ensure accuracy in invoicing. Artists must ensure that invoices contain detailed descriptions of the services provided, including dates, times, and a breakdown of costs, in compliance with applicable tax laws.

23.2. Payment Processing

2.1 Payments for these services will be processed upon receipt of the valid invoice by GiGzy. Artists must submit invoices via email to payments@gigzy.pt immediately after issuing them to the end customer.

2.2 Payments will be made directly to the artist’s designated bank account on the same day that the invoice is received and verified by GiGzy, subject to bank processing times.

23.3. Compliance and Verification

3.1 Artists are responsible for ensuring their compliance with the tax requirements applicable in both Portugal and the country where the end customer is based. This includes the registration and remittance of VAT or other relevant taxes.

3.2 GiGzy reserves the right to verify the accuracy of the information provided on the invoices and may request additional documentation from the artist to support the details of the invoiced services.

23.4. Late Submission and Non-Submission of Invoices

4.1 Failure to submit an invoice on time may delay the corresponding payment. Artists are advised to adhere strictly to the invoicing deadlines to ensure timely payments.

4.2 In cases where an invoice is not submitted, GiGzy holds no obligation to transfer the gig value to the artist. Artists bear the risk of non-payment due to non-submission of invoices.

23.5. Record Retention and Audit Rights

5.1 Both GiGzy and the artist are required to retain copies of all invoices and payment records for a minimum period of five (5) years for auditing and verification purposes.

5.2 GiGzy retains the right to audit the artist’s records related to the services rendered to verify compliance with these terms. Artists must cooperate fully with any such audits.

23.6. Amendments and Notifications

6.1 GiGzy reserves the right to amend these billing and payment terms with prior notice to all affected artists. Changes will be communicated via email or through the GiGzy platform, and will take effect 30 days after notification.

24. Invoicing Requirements for Artists withholding tax and Artists without Automated Invoicing

24.1.1 Artists contracted through the GiGzy platform, who provide services to end customers invoiced by entities based outside of Portugal, must issue invoices directly to the end customers. The artist must send a copy of each invoice to GiGzy for processing.

24.1.2 Prior to service delivery, GiGzy will provide artists with the necessary billing information of the end customer to ensure accuracy in invoicing. Artists must ensure that invoices contain detailed descriptions of the services provided, including dates, times, and a breakdown of costs, in compliance with applicable tax laws.

24.1.3 For artists subject to Portuguese withholding tax, the invoices must clearly indicate the applicable withholding tax rate and amount. Artists are responsible for ensuring that the withholding tax is calculated correctly and included in the invoice.

24.1.4 1.2 Artists who do not wish to have their invoicing automated by GiGzy must follow the same steps as those providing services to international clients. This includes issuing invoices directly to the end customers and sending a copy to GiGzy for processing. GiGzy will provide the necessary billing information of the end customer prior to service delivery to ensure accuracy in invoicing. Artists must ensure that invoices contain detailed descriptions of the services provided, including dates, times, and a breakdown of costs, in compliance with applicable tax laws.

24.2. Payment Processing

24.2.1 Payments for these services will be processed upon receipt of the valid invoice by GiGzy. Artists must submit invoices via email to payments@gigzy.pt immediately after issuing them to the end customer.

24.2.2 Payments will be made directly to the artist’s designated bank account on the same day that the invoice is received and verified by GiGzy, subject to bank processing times. The payment amount will be net of any withholding tax, which GiGzy will remit to the Portuguese tax authorities on behalf of the artist.

24.3. Compliance and Verification

24.3.1 Artists are responsible for ensuring their compliance with the tax requirements applicable in both Portugal and the country where the end customer is based. This includes the registration and remittance of VAT or other relevant taxes.

24.3.2 GiGzy reserves the right to verify the accuracy of the information provided on the invoices and may request additional documentation from the artist to support the details of the invoiced services.

24.4. Late Submission and Non-Submission of Invoices

24.4.1 Failure to submit an invoice on time may delay the corresponding payment. Artists are advised to adhere strictly to the invoicing deadlines to ensure timely payments.

24.4.2 In cases where an invoice is not submitted, GiGzy holds no obligation to transfer the gig value to the artist. Artists bear the risk of non-payment due to non-submission of invoices.

24.5. Record Retention and Audit Rights

24.5.1 Both GiGzy and the artist are required to retain copies of all invoices and payment records for a minimum period of five (5) years for auditing and verification purposes.

24.5.2 GiGzy retains the right to audit the artist’s records related to the services rendered to verify compliance with these terms. Artists must cooperate fully with any such audits.

24.6. Amendments and Notifications

24.6.1 GiGzy reserves the right to amend these billing and payment terms with prior notice to all affected artists. Changes will be communicated via email or through the GiGzy platform, and will take effect 30 days after notification.

These Terms and Conditions constitute the entire agreement among users of the Site. By using the Site, you agree to these Terms and commit to comply with them. We reserve the right to change or update these Terms at any time with prior notice to users. We recommend that you regularly review these Terms.

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