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These terms, known as the “Direct Contracts Terms,” outline the terms and conditions for using Gigz’s Direct Contracts service. By using this service, you agree to these terms, which are part of the Gigz User Agreement and other Terms of Service. These terms supplement and do not replace or limit other similar terms in the Terms of Service, unless explicitly stated. To access and use the Direct Contracts Services, you must accept these terms, including the arbitration and class action waiver. If you do not accept these terms, you cannot use the Direct Contracts Services.

How It Works

The Direct Contracts Service allows Freelancers to create and send fixed-price or hourly contract proposals to eligible Clients. Alternatively, a Freelancer can invite an eligible Client to create a contract proposal. If one party creates the proposal and the other party accepts it through the Direct Contracts service, they will enter into a contract known as the “Direct Contract.”

1.1 Fixed Price Direct Contracts

For Fixed Price Direct Contracts, once the Direct Contract is accepted, the Client will place the project funds in escrow (“Direct Contract Funds”). When the work or a milestone is completed, the Freelancer can request the release of the funds or a portion of the funds from escrow. If the Client approves the work, Gigz Escrow will release the Direct Contract Funds, and the Direct Contract will end.

1.2 Hourly Direct Contracts

For Hourly Direct Contracts, once the Direct Contract is accepted, the Client will fund a deposit equivalent to the agreed weekly hourly limit multiplied by the hourly rate (“Direct Contract Deposit”). Gigz will hold the deposit in escrow throughout the term of the Hourly Direct Contract. The Client agrees to separately fund payments to the Freelancer on a weekly basis based on the Freelancer’s submitted invoices (“Direct Contract Weekly Funds”). If the Client approves the submitted hours, Gigz Escrow will release the Direct Contract Weekly Funds to the Freelancer.

2. Eligibility

Any eligible Freelancer on Gigz can use the Direct Contract Services, subject to limitations on Client eligibility. Clients can create or accept a Direct Contract if they do not have an existing Account on Gigz or its predecessor, oDesk. Clients do not need to register for an Account to accept a Direct Contract.

3. Fees

3.1 Freelancer Fees

For fees charged on Direct Contracts, these Direct Contract Terms supersede and replace specific sections in the Fee and ACH Authorization Agreement. The Freelancer pays a 3.4% payment processing and administration fee (“Direct Contract Payment Fee”). Gigz will automatically charge and deduct this fee from the Direct Contract Funds or Direct Contract Hourly Funds.

3.2 Client Fees

Clients are generally charged a payment processing and administration fee on each payment made on a Direct Contract, as displayed on the Site before entering into a Direct Contract (“Payment Fee”). If no fee is stated, no Payment Fee will be charged. Clients also agree to the Fee and ACH Authorization Agreement regarding payment or placement of any Payment Fee, Direct Contract Funds, or Direct Contract Weekly Funds.

4. Escrow Services

The Fixed Price Direct Contract Escrow Instructions apply to Fixed Price Direct Contracts, while the Hourly Direct Contract Escrow Instructions apply to Hourly Direct Contracts.

5. Role of Gigz and User Responsibilities

Gigz is not a party to any Direct Contract and is not responsible for the work performed by Freelancers or any payments made under a Direct Contract. Gigz does not select or contract Freelancers, determine eligibility standards, or control the terms of a Direct Contract or Project. Gigz Escrow provides escrow services but does not guarantee payment to Freelancers.

6. Other Terms

These Direct Contract Terms, along with the Gigz User Agreement and other Terms of Service, constitute the entire agreement between you and Gigz. They supersede all prior agreements and understandings. You agree that you accepted these terms without relying on any representations other than those contained herein. Any modifications or amendments to these terms or waivers of rights must be in writing and signed by you and Gigz. Gigz may amend the Direct Contract Terms with prior notice, and your continued use of the Direct Contract Services after such notice constitutes acceptance of the revised terms. In case of a conflict between these Direct Contract Terms and the escrow instructions or any other agreement in the Terms of Service, these Direct Contract Terms prevail.