QuiGig Inc., a Texas company with a registered address of 1301 Fannin St., Suite 2440, Houston, TX 77002 (hereinafter the “QuiGig”), is a technology company that offers technology-based systems, including mobile apps and web-based applications, for interested users to offer and receive professional services to complete small and large jobs, under terms and conditions of this agreement and applicable laws. The technology platforms offered by QuiGig Inc. will be called under the general name of QuiGig, or QG.
1. QG USERS
Each and Every QG user expressly represents and warrants that he or she has fully read, understood, and agreed to this agreement and that he or she is legally entitled to enter into this agreement on behalf of himself or herself or the organization or entity that he or she represents and that he or she has the right, authority, and capacity to enter into this agreement. Especially, a user expressly warrants to
- be 16 years of age or older, and
- provide accurate, current, complete, and supportable information to QuiGig, and
- be legally authorized to use QG and offer or receive a quick response and timely service from a user of QG.
The QG users may have one or some of the following user statuses, as approved by QuiGig, before they can have access to QG at any time:
- “QuiGig Users”; a QuiGig User is any individual or business representative that is lawfully willing receive timely rendering of services through QG under the conditions of this agreement, is granted by QuiGig a QuiGig User status, and such user status is not suspended or terminated.
- “QuiGig Providers”; a QuiGig Provider is a self-employed individual (independent contractor) and a QuiGig Users that is lawfully willing to offer also timely rendering of services through QG under conditions of this agreement, is granted by QuiGig a QuiGig Provider status, and such status is not suspended or terminated.
QG Users agrees to receive a timely service through QG under conditions of this agreement, which includes paying a price for any service that is agreed upon through QG. The total price of any service through QuiGig for a service includes the price that is agreed upon between a QuiGig Provider and a User. QG Users expressly agree and understand that at times a fee may apply on the QuiGig service (access to QG) after each action on the website through “coin.” A user understands that they may purchase coins though the QuiGig platform, and they will be charged a processing fee that is only for facilitating the transactions and payments proposed under this agreement. A QG User and a QuiGig Provider may agree to pay or receive payment for service through the QuiGig website if such option if offered by the website. QG Users have the right to decline accepting service from a QuiGig Provider in which case, the order will be considered as cancelled and a new order needs to be placed by the QG User. A processing fee paid for a cancelled order is not refundable.
QuiGig, at its sole discretion and as a courtesy to a QG Users, may offer some futures and services through QG, which may make the experience more robust for the QG Users. Such futures and any other services offered by QuiGig may not be available to a QG User at all or any times and are not required services by QuiGig; QuiGig has the right to limit access or discontinue any and all services under this agreement to any and all QG Users at any time.
QG Users may submit requests for timely service through QG, which will be shared by QuiGig to available QuiGig Providers. All QG Users agree that they only submit through QG service request that:
- All initial communication must be completed through QG.
- If a QG User cancels a timely service request before the service is assigned and accepted by a QuiGig Provider, the processed Coins will still be non-refundable.
- If QG User cancels a timely service after the QuiGig Provider accepts it but before he/she completes it, QG User must pay the full price of that service.
QG Users agree as a condition of using QG, to provide information of a valid credit card or other authorized payment methods when the two parties agree ti complete the transaction through QG.
QG Users agree and accept to provide service instructions at the time of submitting a timely service request, which are legally and safely possible to be followed and completed by a QuiGig Provider.
QG Users agrees that any disputes regarding any timely service requested through QG must be communicated directly between QG Users involved in that service. QuiGig Users may contact QuiGig for any disputes when the payment for a service ordered and entirely paid through QG not more than 72 hours after the completion of that service or after the corresponding QuiGig Provider has set the status of that order as completed; otherwise, all the transactions will be considered final and all the claims regarding that service shall be dismissed, including any claims against the QuiGig Provider who completed that service, unless otherwise instructed by law.
2. QUIGIG PROVIDERS
A QuiGig Provider is an independent contractor that offers a usually paid, timely service to QuiGig Users.
A QuiGig Provider has no employment relationship with QuiGig or other QG Users and has no inherent authority to bind or represent QuiGig or other QG Users. A person is qualified to join QG as a QuiGig Provider if he or she completes a QuiGig Provider application process as instructed by QuiGig, which currently does not require a final approval by QuiGig. Quigig Provider status may be associated with set parameters, such as limited area of operation and price, as determined by QG. QuiGig Providers expressly agree to comply with all the conditions of this agreement and provide all the necessary information to QuiGig accurately and completely to initiate and maintain a QuiGig Provider user status. Still, QuiGig reserves the right to refuse a QuiGig Provider application or suspend a QuiGig Provider user status if according to its opinion the applicant or user may not be able to offer a safe, reliable, and timely service for QG users. QuiGig Providers may receive timely service requests from QG Users through the QG App or other QG communication methods. The following rules apply on the services that QuiGig Provider offers through QG:
- When a QuiGig Provider responds to a QG User’s bid to complete a needed service, they should be ready and able to complete that service in a timely manner. This time is not necessarily same-day, but will satisfy the QG User with their promptness
- A QuiGig Provider has the right to refuse at no penalty any service request that he or she receives through QG before and until he or she accepts that service or after visiting the service location or receiving more detailed information about the service but deciding that the service, according to his or her opinion, does not comply with the terms of this agreement or can not be delivered by him safely or in a timely manner, or in exchange to the fee he or she is offered to complete that service. Under such circumstances, QuiGig Provider must inform the QuiGig User that has requested the service and QuiGig immediately regarding his or her decision to refuse that service. QuiGig will try to identify quickly other QuiGig Providers that are available to complete that service.
- A QuiGig Provider expressly agrees and guarantees to complete any timely service that he or she accepts through QG in exchange to a fee that is agreed for that timely service.
- A timely service is considered completed if one of the two following conditions are met: a. The QG User who requested and paid for that service approves that the service is completed, or b. A QG Provider who was hired for the service sets that service status as completed and the QG user who requested the service does not dispute the completion within 72 hours after the such claim.
- Accepting to offer a timely service through QG is an expression of accepting the offered price for that sevice. QG Providers may not renegotiate the service price if the service scope is not changes from when the price was agreed.
3. ARBITRATION AGREEMENT
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against QuiGig (QG) by binding arbitration, on an individual basis, as set forth more fully below in this Arbitration Agreement. The scope of the claims subject to arbitration pursuant to this Arbitration Agreement shall be interpreted broadly, and in addition to QG, shall include claims against any of the following: any subsidiary or parent or related company; any business partners of QG in the gig economy; any person who is a third party beneficiary to this Agreement; any trade or business names; any alleged employer or alleged joint employer; and any officers, directors, managers or employees (current or former) of these persons (collectively referred to as “the Parties”). This precludes you from bringing any class, collective, or representative action against the Parties, and also precludes you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Parties by someone else. The Arbitrator shall have the authority to award the same damages and other relief that would have been available to you as an individual claimant in court pursuant to applicable law.
Agreement to Binding Arbitration
You and the Parties agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof; (b) your access to or use of the services at any time; (c) the scope, services and any payment of monies of any kind; and (d) any other claim, controversy, charge, and/or lawsuit by or between any of the Parties, including any third party beneficiary, whether before or after the date you agreed to the Terms, will be resolved by binding arbitration between you and the Parties before a single, neutral arbitrator, and not in a court of law.
You acknowledge and agree that you and the Parties are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and the Parties otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and the Parties each retain 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.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the appropriate rules for a dispute under this Agreement. In the event of a conflict between the applicable AAA Rules and this Agreement, this Agreement shall be controlling. In addition, you and the Parties agree that the you and the Parties are subject to the Federal Arbitration Act (“FAA”) and that this Agreement shall be enforceable pursuant to and interpreted in accordance with the provisions of the FAA. An Arbitrator’s decision shall be final and binding on all parties.
Rules and Governing Law.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; and (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
By indicating your agreement below, and/or accepting this timely service assignment, you acknowledge that you have read this Agreement and have had the opportunity to review the AAA Rules if you desire to do so. This is an important legal agreement, and you should review the materials carefully. You should seek legal advice or consult with your own private legal counsel before entering into this Agreement. You acknowledge that you are entering into this Agreement voluntarily and that you are waiving your right to a jury trial in court.
4. ACCESS TO QG
Each QG User is granted an exclusive non-transferable user account under conditions of this agreement and all the applicable laws of where the user is present when using the account. A QG User may not assign or share his or her user account information with another person or party and may not use the account except for legally authorized actions. It is the responsibility of the user to ensure that a correct version of the software or correct address of the web-based applications are used to access his or her QG account. The user expressly agrees that he or she
- use any access to QG only for lawful purposes and using authorized means
- never use QG to send unlawful material or for fraudulent purposes,
- never use QG to cause inconvenience, annoyance, or nuisance,
- never impair the proper operation of a network to access QG,
- never try to harm any of the QG applications and users,
- never copy or distribute any of the QG applications without written permission from QuiGig,
- will only use QG for his or her own personal or business use as registered with QG,
- never resell QG user account to a third party,
- never build a competitive or similar products, services, or graphics of QG or its components, or reverse engineer any of the QG components, applications, or services, create links to, or frame or mirror any services of QG,
- never launch any programs that frequently makes service requests to QG that harms the functionality or performance of QG or its components or burdens or hinders the operation of QG or its components or collects information from the QG or its users or attempt to gain unauthorized access to QG or through QG.
- provide accurate and complete information to QuiGig to establish and maintain the QG user account and provide updates of such information immediately after any changes as long as he or she holds a QG user account.
All QG users expressly understand and agree that QuiGig may terminate the access of a QG user to QG without prior notice and without any explanation or obligation, except for the financial obligations related to platform fees that have been processed prior to such termination, according to this agreement. All QG users expressly understand and agree that QuiGig shall have no liability for any losses a QG user may experience while downloading, installing, and using the QG applications and services; QG users’ access to QG is at their own risk.
QG users expressly understand and agree that QuiGig alone shall own all right, title, interest in and to the QG applications and any ideas, suggestions, feedback, rating information, GPS location data, any other information collected and recorded through any of the QG applications or interfaces, as well as the logo and names associated with any QG software applications and websites. No right is granted to QG users on QG. ALL THE ASSOCIATED LOGOS WITH QG ARE TRADEMARKS OF QUIGIG, UNLESS OTHERWISE STATED.
QuiGig has the right to customize the access of QG users, including limiting, prioritizing their access, and offering reduced or increased rates to some users with no explanation or obligation to other users.
All QG users agree to communicate with (to and from) QuiGig in relation to individual services by phone or email. By providing contact information to QuiGig, all QG users consent to receive messages (phone, text messages, mobile app push notifications) from QuiGig and expressly agree that all types of communications as stated herein are equally valid and are formal forms of communication with QuiGig or with other QG users.
General notices and communications between QuiGig and QG users under this Agreement that are not related only to individual service shall be sent by mail or email, both of which are equally formal forms of communication.
QG Users agree and understand that QuiGig or QuiGig Providers may communicate, on their behalf, to their clients using the contact information that they provide through QG. All QG Users agree and understand that they are responsible if a QG User client has any objections or claims regarding such communication as long as they are completed in relation to the terms and services under this agreement. QG Users expressly agree that they have obtained permission from any client when they provide his or her contact information to QG or QuiGig for communications regarding a service.
6. TERMS OF PAYMENT
QG Users expressly agree to pay the price of every service that they have requests, which are due immediately after every service is completed. For payment that are completed through QG, QuiGig may require making the payment at the time of confirming the hiring of a QG Provide, though the payment to QG Provider will be delayed until the completion of the service. The price of every service is suggested by the individual QuiGig Providers and accepted by the QG Users to confirm a hiring. QG should not be held responsible for any prices offered by QG providers. QG Users also expressly agrees to pay the applicable sales and service taxes and any applicable QG fees.
The total price of each service is chosen by the QuiGig Provider and shared with the QG Users through QG. If any invoice is not paid when due, QuiGig may suspend provision of all its services until final resolution of the matter. QG Users must update payment information immediately if any previously provided information is no longer useful to complete payment transactions.
QG Users agree that accepting a timely service quote through QG is a legal bound to pay the total price of that service as offered by the QuiGig Provider, due immediately after completion of that service. All completed transactions by QuiGig are non-refundable and final, regardless of QG Users or QuiGig decision to suspend or terminate this agreement or any disruption caused to QG and its associated services either planned, accidental, or intentional, for any reason whatsoever.
QG Users agree that all the communications related to the delinquent accounts will be made using mail, email, or phone communications using contact information as provided by any user to QuiGig. QG Users understand and agree that such communications may be made by QuiGig or anyone on its behalf, including third party collection agents.
7. TERM AND TERMINATION
The term of this Agreement and all its subsequent modifications shall commence effective the first time a QG user gains any access to QG or signs up for that access and shall continue at all times even for a user that terminates his or her access to the QG or if such access is suspended or terminated by QuiGig.
8. LIMITATION OF LIABILITY
QuiGig shall bear no liability whatsoever when a QuiGig Provider or QG applications and features are unavailable at the time and location of which a QG User demands such service.
9. MOBILE APP MARKETPLACE
BY DOWNLOADING AND INSTALLING THE QG APP ON A DEVICE THAT YOU CONTROL, ALL QG USERS AGREE AND UNDERSTAND THAT THE QG APP IS PROVIDED AND SUPPLIED BY QuiGig AND NOT BY THE MOBILE APP MARKETPLACE PROVIDERS, SUCH AS GOOGLE OR APPLE. QG USERS UNDERSTAND AND AGREE THAT ANY CLAIMS OR CONCERNS OR DISPUTES REGARDING THE QG APP AND ASSOCIATED SERVICES ARE IRRELEVANT TO THE MOBILE MARKETPLACE PROVIDERS AND THAT THE MARKETPLACE PROVIDERS HAVE NO RESPONSIBILITY OR OBLIGATION REGARDING THE QG USER’S USE OR ACCESS TO THE QG.
Any QG user shall, at his or her own expense, defend, indemnify and save QuiGig and its parent organization’s, affiliates, subsidiaries, officers, directors, members, employees, attorneys, assigns and agents, and other QG users, harmless, against any action or suit brought for any loss, damage, expense (including attorneys’ fees and expenses) or liability that may result upon that QG user’s use or misuse of QG or his or her violation of any terms of this agreement and any applicable laws, even if not referenced here.
11. FORCE MAJEURE
Neither party shall be liable, except for payment of monies, for failure to perform any obligation under this Agreement for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to failure of performance by the other party, acts of state or governmental authorities, acts of terrorism, natural catastrophe, fire, storm, flood, earthquake, riot, insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure, failure of public internet, changes in the accessibility of third party websites, labor disputes, government demands and restrictions, and illegal acts of third parties.
QuiGig may use the name or mark of an organization or business that a QG user represents and identify that organization or business as a QG User on QuiGig website, mobile applications, and/or marketing materials. QuiGig may issue a press release, containing such organization or business name under this Agreement. QG Users may also use QuiGig name and mark to inform their clients about the timely service offered through QG to QG Users and its clients for as long as the QG Users have an active user account with QG. Neither party will use the other party’s name or marks, refer to or identify the other party for any other reason, except as established in this section, without such other party’s written approval. Any approval required under this Section shall not be unreasonably withheld or delayed by either party.
13. SUBCONTRACTING AND ASSIGNMENT
QuiGig may, at its option, assign or subcontract this agreement and any of its rights or obligations. No other party under this agreement (no QG User) may subcontract or transfer or assign this agreement or their rights or obligations under this agreement without written permission from QuiGig and any such effort shall be assumed null and void.
16. GENERAL TERMS
This Agreement shall be deemed to have been made, executed, and delivered, in the state of which you as a QG User connect to QG, and shall be construed in accordance with the laws of that state, without regard to the choice or conflicts of law provisions of any jurisdiction.
This Agreement, together with any other materials referenced in or expressly made a part of the Agreement, constitutes the final and entire Agreement between QuiGig and QG Users and supersedes all prior and contemporary agreements, oral or written.
QuiGig and QG Users agree that any legal dispute that cannot be resolved informally shall be submitted to arbitration in the state in which the Agreement was performed, within the time required by applicable law. QuiGig and QG Users agree that any claims, actions, or proceeding arising out of or related to this Agreement must be brought in QG User’s individual capacity and not as a plaintiff class member in any purported class, collective, or representative proceeding.
The failure of QuiGig to enforce any rights under this Agreement shall not constitute a waiver of such right unless acknowledged and agreed by QuiGig in writing.
This Agreement and any of its attachments compromises the entire agreement between QuiGig and QG Users and supersedes any and all prior or contemporaneous negotiations, discussions, or agreements, whether in writing or oral, between the parties regarding the subject of the Agreement.