Any Terms of Hiring

Summary of Modifications

1. Hiring Fees for both International and Domestic Payroll Engagements

These Any Hire Terms (“Any Hire Terms”) outline the agreement between you (referred to as the “Client” or the “Freelancer,” as applicable) and Gigz Company. (“Gigz”) regarding the Any Hire services offered through the website www.i-gigz.com as described in these Any Hire Terms (“Any Hire Services”). These terms are part of and incorporate the Gigz User Agreement and other Terms of Service (collectively, the “Agreement”). The Any Hire Terms are supplementary to, and do not replace, supersede, or limit other similar terms in the Terms of Service, unless explicitly stated. Capitalized terms not defined herein are defined in the User Agreement or elsewhere in the Terms of Service.

To use Any Hire Services, you must agree to be bound by the Any Hire contract terms, as well as the Dispute Process, Arbitration, and Class Action Waiver stated in the User Agreement. If you do not accept these terms, including the arbitration and class action waiver, you may not use or access any Any Hire Services.

2. ESCROW SERVICES

The Client and Freelancer acknowledge and agree that the Any Hire Contract Escrow Instructions apply to any engagements through the Any Hire Services (referred to as an “Any Hire Contract”). Gigz Escrow provides escrow services, but it does not guarantee payment to the Freelancer, except when all the following conditions are met: (a) Gigz receives funds from the Client on behalf of the Freelancer, (b) the Client instructs the release of the funds to the Freelancer, and (c) any hold or security period has elapsed. Gigz does not guarantee that the Client will pay the Freelancer should Freelancer deals with client out of the platform. The Client and Freelancer understand that these escrow services are intended for business use only and should not be used for consumer, personal, family, or household purposes.

2.1 ROLE OF GIGZ

The Client and Freelancer acknowledge that Gigz is not involved in or responsible for the work performed by the Freelancer(s), except as provided in Section 1 (Escrow Services), and has no control over any Freelancer or Client. Gigz does not guarantee the performance of the Client or Freelancer under the Any Hire Contract. Gigz does not have the power or authority to determine eligibility standards for Any Hire Contracts, select or contract Freelancers on behalf of the Client, determine or control the terms or conditions of the Any Hire Contract or Project, or compel any Freelancer to accept an Any Hire Contract or perform Freelancer Services. The Parties agree that the Client will select the freelancer, the scope of work will be determined by mutual agreement between the Client and Freelancer, and any issues related to the work and its scope will be resolved between the Client and Freelancer.

3. ANY HIRE COMPLIANCE SERVICES

3.1 Worker Classification

Gigz will determine the appropriate worker classification (such as independent contractor or employee) for each engagement based on the information provided by the client and freelancer regarding the Any Hire Contract. The classification of a freelancer depends on various factors, including information within the client’s control. Both the client and freelancer agree to provide Gigz with all requested information related to the Any Hire Contract and the classification of the freelancer accurately and promptly. They also agree to notify Gigz immediately of any changes to this information.

3.2 Freelancer Engagement

If the client accepts Gigz’s worker classification, Gigz will engage the freelancer as either an independent contractor or an employee based on the classification. Gigz Talent Group Inc. will act as the agent of record for the client in the case of engaging the freelancer as an independent contractor for a maximum of six months. Alternatively, Gigz may arrange for the freelancer to be hired as an employee through Gigz Payroll Services. Gigz reserves the right to delegate the engagement of freelancers and other related obligations to third parties. Gigz ensures that each freelancer engaged as an independent contractor under Gigz’s classification services will sign an Independent Contractor Agreement. Similarly, freelancers hired as employees will sign an employment agreement that includes provisions on confidentiality and intellectual property assignment.

At the end of a six-month independent contractor agreement term, the client may choose to re-engage the freelancer via Any Hire, and the engagement and worker classification process will start anew.

3.3 Option to Reject Classification Services

The client has the option to decline the worker classification services described in Section 3.1. If the client chooses not to accept Gigz’s worker classification, they may engage the freelancer in the manner they see fit. However, Gigz will not be responsible for the classification or engagement of the worker in such cases. The client will have sole responsibility for engaging the freelancer, including the preparation of any independent contractor agreement or the use of the Optional Service Contract Terms. Furthermore, if the client declines the worker classification services and still engages the freelancer, Section 8.2 will not apply, and the client will not have the right to indemnity or any other remedy against Gigz, except as provided in the User Agreement Section 10, Section 11, and Section 12, which take precedence over any conflict with these Gigz Any Hire Terms.

3.4 Legal Compliance

Gigz, Staffing Provider, or any third party acting to engage a freelancer will comply with the applicable laws and regulations governing the engagement and payment of freelancers. However, Gigz or the Employment Provider will not be liable for any non-compliance associated with the information provided by the client.

3.5 Ownership of Freelancer Work Product

The ownership of all freelancer work product will be governed by the independent contractor agreement or employee agreement between the freelancer and the client. These agreements will include provisions requiring the freelancer to assign all ownership rights in the work product to the client. Gigz will not own any freelancer work product. In the event that ownership rights in the freelancer work product arising from an Any Hire Contract benefit Gigz, Gigz will assign those rights to the client.

4. CLIENT OBLIGATIONS

4.1 Contracts with Freelancers

The client also commits to promptly notifying Gigz about any concerns or requests raised by the freelancer regarding employment-related issues, such as leave requests, disability accommodations, or complaints of harassment or discrimination. Furthermore, the client acknowledges and accepts that they will not challenge and are accountable for compensating all hours worked in a contract utilizing Gigz Payroll Services.

4.2 Gigz Payroll Agreements

The client must notify Gigz at least 72 hours in advance, if possible, or as soon as possible thereafter, of the termination of any Hire Contract that utilizes Gigz Payroll Services. In the case of hourly work performed by freelancers classified as employees, the client will be considered to have automatically approved all hours worked at the time the client is invoiced for the work, including overtime. The client authorizes and instructs Gigz to make payment to the freelancer for the time reflected on any weekly time sheet, including overtime payments. For freelancers engaged by Gigz or a staffing provider as employees, the client agrees to comply with all applicable laws. This includes not requiring or encouraging any freelancer to work without recording time and not discouraging or prohibiting freelancers from taking any authorized meal or rest periods. The client acknowledges and agrees that it is responsible for paying overtime wages.

4.3 Non-discrimination; Compliance with Laws

The client is required to comply with Gigz’s Non-discrimination Statement and all applicable laws when engaging freelancers. This includes, but is not limited to, worker safety laws, non-discrimination laws, accommodation and leave laws, and privacy laws. The client must also ensure that any person who interacts with the freelancer on behalf of the client complies with these requirements.

4.4 Freelancer Eligibility Limitations

Any Hire Contracts can only be offered to freelancers who do not have a pre-existing relationship with Gigz, such as a previously established Freelancer Account. If a freelancer has a pre-existing relationship with Gigz, they can be engaged through one of Gigz’s other offerings, subject to the fees and terms and conditions of those offerings.

4.5 Client Acknowledgements

The client acknowledges, agrees, and understands the following, except as stated in these Any Hire Terms:

• Gigz is not a party to the dealings between the client and the freelancer, including the substantive terms of posts, the selection of a freelancer, the decision to contract with a freelancer, and the performance or receipt of freelancer services or the provision of freelancer work product, except for the agent of record services.
• Gigz does not supervise, direct, or control the freelancer or the freelancer services in any way.
• Gigz makes no representations regarding the quality, security, or legality of any freelancer services or freelancer work product, and disclaims any liability relating to them.
• Gigz does not determine the freelancer’s work hours, work schedules, or location of work.
• Gigz does not provide training, equipment, tools, labor, or materials needed for the freelancer to complete their work.
• Gigz does not provide the premises at which the freelancer will perform the work. 
• In the event of a dispute between the client and the freelancer, Gigz will not be responsible or liable.
• Gigz and its affiliates are not employers or joint employers with any freelancer or client. 
• Independent contractor freelancers may hire employees or engage contractors or subcontractors at their own expense to assist with providing the freelancer services, unless otherwise agreed in the relevant Any Hire Contract.
• Gigz does not guarantee the truth or accuracy of freelancer listings on the site, the ability of freelancers to deliver services, or the completion of transactions between clients and freelancers unless otherwise agreed in the relevant Any Hire Contract.

5. FREELANCER ACKNOWLEDGEMENTS

In addition to the provisions stated in these Any Hire Terms, Freelancer explicitly recognizes, agrees, and understands the following:

(i) Gigz is not a party to the transactions between the Client and Freelancer, including the terms of the job postings, the selection of a Freelancer, the decision to enter into a contract, and the performance or delivery of Freelancer Services or Work Product. Gigz’s role is limited to agent of record services.

(ii) Gigz does not supervise, direct, or control the Freelancer or their services in any way.

(iii) Gigz does not guarantee the quality, security, or legality of the Freelancer’s services or Work Product and disclaims any liability in relation to them.

(iv) Gigz does not dictate the Freelancer’s work hours, schedules, or location.

(v) Gigz does not provide training, equipment, tools, labor, or materials necessary for the Freelancer to complete their work.

(vi) Gigz does not provide the physical premises where the Freelancer performs their work.

(vii) Any disputes between the Client and Freelancer are solely between them, and Gigz is not responsible or liable for such disputes.

(viii) Gigz and its Affiliates are not employers, joint employers, or integrated with any Freelancer or Client.

(ix) Unless otherwise agreed in the specific Any Hire Contract, independent contractor Freelancers may hire employees, contractors, or subcontractors at their own expense to assist with the services.

(x) Gigz does not guarantee the accuracy of Client’s listings, the Client’s ability to pay for services, or the completion of transactions between Client and Freelancer.

6. FEES

6.1 Client Fees

The Client agrees to pay a flat fee per Any Hire Contract, referred to as the “Any Hire Fee,” for each two-week billing period. The fee structure is as follows:

Freelancer engaged as an independent contractor: GHc50 per month, billed at GHc25 per two-week billing period.

Freelancer engaged through Gigz Payroll (International): GHc500 per month, billed at GHc250 per two-week billing period.

Freelancer engaged through Gigz Payroll (Domestic): GHc200 per month, billed at GHc100 per two-week billing period.

The Client acknowledges that they are responsible for applicable taxes, Staffing Provider costs, Payroll Services Fees (to be communicated at the start of the Any Hire Contract), and payment processing fees. Details regarding Gigz’s Payroll offering and associated fees can be found in the Gigz Payroll Agreement. Invoices for fees are generated on the Monday following the end of the billing period, and payment is due in full on the same day.

6.2 Freelancer Fees

Freelancers engaged under an Any Hire Contract are exempt from paying Freelancer Service Fees (as outlined in Sections 2.1, 2.2, and 2.3 of the Fee and ACH Agreement) specific to that contract. However, Freelancers will still be responsible for any other applicable fees (as mentioned in Section 2.4 of the Fee and ACH Agreement). If a Freelancer enters into a Service Contract other than an Any Hire Contract, the standard Service Fees will apply.

7. CLIENT AND FREELANCER AUTHORIZATION

Both the Client and Freelancer confirm that they have the authority to accept these Any Hire Terms on behalf of themselves and the respective business entities they represent. Any actions performed by Gigz personnel on the Site under the Client’s direction, whether express or implied, are considered actions taken on behalf of the Client.

8. INDEMNIFICATION FOR CLIENT

8.1 Interaction With Other Terms of Service

These Any Hire Terms take precedence over the User Agreement or Gigz Payroll Agreement regarding indemnification obligations and liability limitations of Gigz or the Client, specifically relating to Any Hire Services. However, Section 3.3 may provide exceptions to this rule.

8.2 Indemnification by GIGZ

Gigz agrees to indemnify, defend, and hold harmless the Client, its directors, officers, agents, and employees from any and all losses, damages, liabilities, judgments, or settlements awarded for Claims, up to a maximum of GHc 50,000 per Freelancer engaged under an Any Hire Contract. This indemnification applies to Claims resulting from Gigz’s misclassification of a Freelancer, failure to make timely payments, failure to comply with wage and hour laws, or violation of workplace safety or conduct regulations.

8.3 Indemnification by Client 

The Client will indemnify, defend, and hold harmless Gigz, its Affiliates, and their directors, officers, agents, and employees from any and all Claims, losses, costs, damages, liabilities, judgments, or settlements arising from or related to: (i) actions exceeding GHc50,000 per Freelancer engaged under an Any Hire Contract; (ii) violations of laws or regulations, including discrimination or harassment laws; (iii) misuse or unauthorized use of the Site; (iv) content posted on behalf of the Client or at the Client’s direction; (v) failure to comply with wage and hour laws or regulations, either by the Client or due to inaccurate or incomplete information provided by the Client; (vi) involvement with the Freelancer or Freelancer Services; or (vii) breach of Client’s obligations outlined in Section 5 (Client Responsibilities).

8.4 Indemnification  Requirements

The indemnification obligations of each party are subject to the following requirements: (i) prompt written notice from the Indemnified Party of any Claim that may require indemnification under these Any Hire Terms; and (ii) proper and complete information and assistance, at the Indemnifying Party’s expense, to settle or defend the Claim. The Indemnified Party has the right to participate, at their own cost, in the Defense or settlement of the Claim through their own legal counsel.

9. NO INDEMNIFICATION FOR FREELANCER

Freelancers do not have the right to seek indemnification or any other remedy from Gigz, except as provided in Sections 10, 11, and 12 of the User Agreement, which prevail over any conflicts with these Gigz Any Hire Terms.

10. LIMITATION OF LIABILITY

This section applies solely to Any Hire Contracts and is not cumulative to any other limitation of liability. Neither party will be liable to the other for lost profits or consequential, incidental, special, indirect, punitive, or exemplary damages arising from or related to this Agreement, regardless of the theory of liability (including negligence), even if the party has been informed of the possibility of such damages. The limitations do not apply to (i) amounts owed by the Client under this Agreement or (ii) amounts payable to third parties as part of indemnification obligations. Gigz’s liability will not exceed GHc50,000, except as provided in Section 8 regarding Clients. The Client acknowledges that the fees under this Agreement are based, in part, on these limitations, and agrees that they will apply even if any limited remedy fails to fulfil its essential purpose.

11. OTHER TERMS

This Agreement, including the Any Hire Terms, User Agreement, and other Terms of Service, constitutes the entire agreement between Gigz and the parties involved, superseding any previous agreements or understandings regarding Any Hire Services. In cases of conflict between these Any Hire Terms and other Terms of Service, these Any Hire Terms will govern Any Hire Services matters. Provisions from the User Agreement and other Terms of Service that do not conflict with the Any Hire Terms or apply to products or services other than Any Hire Services will remain in full effect. The Client agrees to comply with the DISPUTE PROCESS AND ARBITRATION AND CLASS ACTION WAIVER outlined in Gigz’s User Agreement, which applies to the Any Hire Terms.

By accepting the Any Hire Terms, you confirm that you have not relied on any representations other than those contained in these Any Hire Terms, the Gigz User Agreement, and other Terms of Service. No modifications or amendments to the Any Hire Terms, nor any waivers of rights, will be valid unless in writing and signed by both parties.