Gigcreatives — Terms & Conditions

Effective Date: [March 6th 2025]
Last Updated: [January 1st, 2026]
Version: 1.5

PREAMBLE

Welcome to GigCreatives. These Terms and Conditions (“Terms,” “Agreement”) constitute a legally binding agreement between you and GigCreatives governing your access to and use of our website located at www.gigcreatives.com (the “Site”), including all content, functionality, services, and transactions conducted through the Site.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE OR ENGAGING OUR SERVICES. BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SITE.

These Terms incorporate by reference our:

• Privacy Policy
• Cookie Policy
• Refund Policy
• Marketing & Results Disclaimer

Together, these documents form the complete agreement governing your use of our Site.

ARTICLE 1: DEFINITIONS AND INTERPRETATION

1.1 Definitions

In these Terms, unless the context otherwise requires:

1.2 Interpretation

In these Terms:

(a) Headings are for convenience only and do not affect interpretation.

(b) Words importing the singular include the plural and vice versa.

(c) Words importing gender include all genders.

(d) References to “include,” “including,” or “such as” are not limiting.

(e) References to statutes include amendments, re-enactments, and successor legislation.

(f) References to Articles, Sections, or Clauses are to this Agreement unless otherwise stated.

(g) References to “writing” or “written” include email and other electronic communications.

(h) Where there is any conflict between these Terms and a specific service agreement, the service agreement shall prevail to the extent of the inconsistency.

ARTICLE 2: ACCEPTANCE AND ELIGIBILITY

2.1 Acceptance of Terms

By accessing or using the Site, submitting any form, making any payment, or engaging our Services, you:

(a) Confirm that you have read and understood these Terms in their entirety;

(b) Agree to be legally bound by these Terms;

(c) Represent that you have the legal capacity and authority to enter into this Agreement;

(d) Acknowledge that this Agreement is enforceable against you.

2.2 Eligibility Requirements

To use the Site and engage our Services, you represent and warrant that:

(a) You are at least eighteen (18) years of age;

(b) You have the legal capacity to enter into binding contracts under Applicable Law;

(c) If acting on behalf of an organization, you have the authority to bind that organization to these Terms;

(d) You are not barred from using the Site under any Applicable Law;

(e) All information you provide is accurate, current, complete, and not misleading;

(f) You will maintain the accuracy of such information.

2.3 Minors

The Site and Services are not intended for individuals under eighteen (18) years of age. If we learn that a minor has accessed the Site or provided Personal Data without verified parental consent, we will take appropriate steps to delete such information.

2.4 Organizational Use

If you are accessing the Site or engaging Services on behalf of an organization:

(a) You represent that you are authorized to accept these Terms on behalf of the organization;

(b) The organization agrees to be bound by these Terms;

(c) “You” and “your” shall refer to both you individually and the organization;

(d) You and the organization shall be jointly and severally liable for compliance with these Terms.

ARTICLE 3: SERVICES OVERVIEW

3.1 Description of Services

Gigcreatives provides professional design, development, and digital marketing services, including but not limited to:

3.2 Service Limitations

(a) Information on the Site is for general informational purposes only and does not constitute a binding offer.

(b) Actual service delivery is governed by separate service agreements, proposals, or contracts.

(c) We reserve the right to modify, discontinue, or limit any Services at our discretion.

(d) Service availability may vary by location and circumstances.

3.3 No Obligation to Provide Services

(a) We reserve the right to decline any project or client at our sole discretion.

(b) Submission of an inquiry, form, or booking request does not obligate us to provide Services.

(c) A binding agreement for Services exists only when confirmed in a signed proposal, accepted quote, or written service agreement.

3.4 Client Acceptance Standards

We may decline to work with clients or projects that:

(a) Involve illegal, fraudulent, or unethical activities;

(b) Promote discrimination, hate speech, or harm to others;

(c) Violate intellectual property rights of third parties;

(d) Present unreasonable demands or expectations;

(e) Have a history of payment disputes or chargebacks;

(f) Otherwise conflict with our values or business interests.

ARTICLE 4: USE OF THE SITE

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

(a) Access and view the Site for personal, informational purposes;

(b) Submit inquiries, forms, and bookings as intended by the Site’s functionality;

(c) Access any client portal features for which you have valid credentials.

4.2 License Restrictions

This license does not include the right to:

(a) Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or exploit any Content;

(b) Use the Site for any commercial purpose without our express written consent;

(c) Access the Site through any automated means (bots, scrapers, spiders, crawlers);

(d) Remove, alter, or obscure any proprietary notices;

(e) Frame, mirror, or otherwise incorporate any portion of the Site into another website or service;

(f) Use the Site in any manner that could damage, disable, overburden, or impair our servers or networks;

(g) Attempt to gain unauthorized access to any portion of the Site, other accounts, systems, or networks;

(h) Use the Site to transmit any malware, viruses, or harmful code;

(i) Use the Site to send unsolicited communications;

(j) Use the Site for competitive analysis, benchmarking, or to build a competing service;

(k) Sublicense, rent, lease, or otherwise transfer your rights under this license.

4.3 Prohibited Conduct

You agree not to:

(a) Violate any Applicable Law, regulation, or third-party rights;

(b) Provide false, misleading, or inaccurate information;

(c) Impersonate any person or entity, or falsely represent your affiliation;

(d) Interfere with or disrupt the Site, servers, or connected networks;

(e) Collect or harvest any information from the Site or other users;

(f) Use the Site to stalk, harass, threaten, or harm others;

(g) Upload or transmit content that is defamatory, obscene, or offensive;

(h) Engage in any activity that could damage our reputation or goodwill;

(i) Encourage or assist any third party in doing any of the above.

4.4 Account Security

If you create an account or access a client portal:

(a) You are responsible for maintaining the confidentiality of your login credentials;

(b) You must use a strong, unique password;

(c) You accept responsibility for all activities occurring under your account;

(d) You must notify us immediately at moc.sevitaercgigobfsctd-8df427@olleh of any unauthorized access or security breach;

(e) We are not liable for losses arising from unauthorized use of your account if you fail to protect your credentials;

(f) We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks.

4.5 Site Availability

(a) We strive to maintain Site availability but do not guarantee uninterrupted access.

(b) The Site may be unavailable due to maintenance, updates, or circumstances beyond our control.

(c) We are not liable for any loss or damage resulting from Site unavailability.

ARTICLE 5: INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership of Site Content

(a) The Site and all Content—including but not limited to text, graphics, logos, images, videos, audio, software, code, design, layout, and the selection and arrangement thereof—are owned by Gigcreatives or our licensors.

(b) All Content is protected by Nigerian copyright law, international copyright treaties, trademark law, and other intellectual property laws.

(c) All rights not expressly granted herein are reserved.

5.2 Trademarks

(a) “Gigcreatives,” our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Gigcreatives.

(b) You may not use our trademarks without our prior written permission.

(c) All other trademarks appearing on the Site are the property of their respective owners.

5.3 User Content

If you submit any content to us (including feedback, suggestions, testimonials, or materials for projects):

(a) You grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for our business purposes;

(b) You represent that you own or have the necessary rights to such content;

(c) You waive any moral rights in such content to the extent permitted by law;

(d) You acknowledge that we are not obligated to use, compensate you for, or return any submitted content.

5.4 Client Work Ownership

Regarding work created for clients:

(a) Before Full Payment: All Deliverables, designs, code, copy, and work product remain the exclusive property of Gigcreatives until full payment is received.

(b) Upon Full Payment: Ownership of client-specific Deliverables transfers to the Client, subject to the terms of the applicable service agreement.

(c) Retained Rights: Gigcreatives retains ownership of:

• Pre-existing materials, templates, and frameworks
• Reusable components and code libraries
• Proprietary tools, systems, and methodologies
• General knowledge, skills, and experience gained

(d) Portfolio Rights: Unless otherwise agreed in writing (with applicable fees), Gigcreatives retains the right to display completed work in portfolios, case studies, and marketing materials.

5.5 Copyright Infringement Claims

If you believe content on the Site infringes your copyright:

(a) Send a written notice to moc.sevitaercgigobfsctd-7bc7bd@olleh containing:

• Your physical or electronic signature
• Identification of the copyrighted work
• Identification of the infringing material and its location
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement under penalty of perjury that your notice is accurate

(b) We will respond to valid notices in accordance with Applicable Law.

ARTICLE 6: BOOKINGS, INQUIRIES, AND COMMUNICATIONS

6.1 Form Submissions

When you submit information through any form on the Site:

(a) You agree to provide accurate, current, and complete information;

(b) You consent to receive communications from us related to your submission;

(c) You agree to our data handling practices as described in our Privacy Policy;

(d) Submission does not guarantee a response, acceptance, or provision of Services.

6.2 Consultation Bookings

(a) Discovery calls and consultations may be offered free of charge or for a fee, as indicated at the time of booking.

(b) We reserve the right to cancel, reschedule, or decline bookings at our discretion.

(c) Missed appointments without 24-hour notice may result in forfeiture of any paid consultation fee or impact future booking privileges.

6.3 Electronic Communications

(a) By using the Site and providing your contact information, you consent to receive electronic communications from us.

(b) Electronic communications satisfy legal requirements that communications be in writing.

(c) You may opt out of marketing communications as described in our Privacy Policy; however, you cannot opt out of transactional or service-related communications.

6.4 Communication Records

(a) We may record and retain communications for quality assurance, training, and dispute resolution purposes.

(b) By communicating with us, you consent to such recording and retention.

ARTICLE 7: PAYMENT TERMS

7.1 Currency and Pricing

(a) All prices displayed on the Site are in United States Dollars (USD) unless otherwise indicated.

(b) We accept payments in multiple currencies, including Nigerian Naira (NGN).

(c) Prices are subject to change without notice. The applicable price is that displayed at the time of your order or as stated in your service agreement.

(d) All prices are exclusive of applicable taxes unless otherwise stated.

7.2 Payment Structure

Our standard payment structure is as follows:

Specific payment terms are confirmed in your service agreement, proposal, or invoice.

7.3 Deposit Purpose

Deposits serve to:

(a) Secure your project slot in our schedule;

(b) Cover initial planning, research, and resource allocation;

(c) Demonstrate commitment to the project;

(d) Compensate for opportunity cost of declining other projects.

Deposits are subject to our Refund Policy.

7.4 Final Payment and Delivery

(a) Final payment must be received and cleared before:

• Release of final files, assets, or source files
• Transfer of website logins or access credentials
• Launch or go-live of any website or system
• Handover of any Deliverables

(b) We reserve the right to withhold all Deliverables until payment is received in full.

(c) Ownership of Deliverables does not transfer until full payment.

7.5 Payment Methods

(a) We accept payments through various methods and payment gateways.

(b) Payment processing is handled by secure third-party processors.

(c) We do not store complete payment card details on our servers.

(d) You agree to pay all fees associated with your chosen payment method.

7.6 Late Payments

(a) A grace period of three (3) Business Days applies to all payments after the due date.

(b) After the grace period, a late fee of five percent (20%) of the outstanding amount will be applied.

(c) Additional late fees may accrue for continued non-payment.

(d) We reserve the right to:

• Pause or suspend work on projects with overdue payments
• Withhold Deliverables until payment is received
• Terminate agreements for persistent non-payment
• Engage collection agencies or legal remedies
• Report delinquent accounts to credit agencies

(e) You agree to reimburse us for all costs incurred in collecting overdue amounts, including reasonable legal fees.

7.7 Taxes

(a) You are responsible for all applicable taxes, duties, and levies related to your purchase.

(b) If we are required to collect taxes, they will be added to your invoice.

(c) If you claim tax exemption, you must provide valid documentation.

7.8 No Set-Off

You may not withhold or set off any amounts owed to us against any claims you may have, unless agreed in writing or ordered by a court of competent jurisdiction.

ARTICLE 8: REFUND POLICY SUMMARY

8.1 General Principles

Our complete Refund Policy is available at [Refund Policy Link]. The following is a summary:

8.2 Non-Refundable Items

The following are non-refundable:

(a) Completed and delivered work;

(b) Third-party costs incurred (domains, hosting, licenses, stock images);

(c) Rush fees and expedited service charges;

(d) Consultation fees;

(e) Restart fees and additional revision fees.

8.3 Kill Fee

If you terminate or abandon a project after work has commenced:

(a) All completed work will be billed at full rate;

(b) A kill fee of forty percent (40%) of the remaining project balance will apply.

8.4 Chargebacks

(a) You agree to contact us before initiating any chargeback or payment dispute.

(b) Fraudulent chargebacks may result in legal action and reporting to fraud prevention databases.

(c) See our complete Refund Policy for full chargeback terms.

ARTICLE 9: PROJECT TERMS AND POLICIES

9.1 Project Timelines

(a) Estimated timelines are provided in service agreements and are contingent upon timely Client cooperation.

(b) Timelines may range from one (1) day to several weeks depending on project scope and complexity.

(c) Timeline estimates are not guarantees and may be affected by factors including:

• Client delays in providing content, feedback, or approvals
• Scope changes or additional requirements
• Technical complexities discovered during the project
• Third-party dependencies
• Force Majeure Events

9.2 Client Responsibilities

Timely project completion depends on your cooperation. You agree to:

(a) Provide all required content, assets, information, and access credentials promptly;

(b) Respond to communications within three (3) Business Days;

(c) Provide clear, consolidated feedback (not piecemeal or conflicting);

(d) Review and approve Deliverables within the specified timeframe;

(e) Designate a single point of contact with decision-making authority;

(f) Ensure that any content you provide does not infringe third-party rights;

(g) Maintain backups of your own critical data.

9.3 Client Delays

If you fail to provide required feedback, approvals, content, or assets:

(a) If you cause delays but still require the original deadline, a rush fee of $10–$100 may apply.

(b) Gigcreatives is not liable for any consequences of delays caused by Client inaction.

9.4 Project Pause and Restart

If a project remains inactive for more than seven (7) consecutive days due to Client inaction:

(a) The project will be considered paused;

(b) A restart fee will apply to resume work:

(c) Restart fee must be paid before work resumes;

(d) Scheduling priority is not guaranteed upon restart;

(e) Original quoted prices may be subject to adjustment if significant time has passed.

9.5 Project Abandonment (Kill Fee)

If you terminate or abandon a project after work has commenced:

(a) All completed work will be billed at full rate;

(b) A kill fee of forty percent (40%) of the remaining project balance will apply;

(c) No Deliverables or files will be released until all fees are paid;

(d) We retain all rights to incomplete work until payment is received.

Example Calculation:

9.6 Revisions

(a) Included revision rounds are specified in your service agreement.

(b) Revisions must be requested within the project timeline.

(c) Revision requests should be consolidated and specific.

(d) Additional revisions beyond included allowances are billed as follows:

(e) Payment for additional revisions is required before work continues.

(f) Revisions do not include:

• Changes to approved work
• Scope expansion beyond original brief
• Changes due to Client-side direction changes
• Fixes for issues caused by Client or third parties

9.7 Scope Changes

(a) Any request that exceeds the original project scope will be treated as a scope change.

(b) Scope changes require a written change order and may affect:

• Project timeline
• Project cost
• Payment schedule

(c) Work on scope changes will not commence until the change order is approved and any additional deposit is paid.

(d) We reserve the right to decline scope changes that are not feasible or appropriate.

9.8 Approval and Sign-Off

(a) You agree to review Deliverables promptly upon submission.

(b) Approval must be provided in writing (email is acceptable).

(c) If you do not respond within seven (7) Business Days, Deliverables may be deemed approved.

(d) Requests for changes after approval may incur additional fees.

ARTICLE 10: SERVICE-SPECIFIC TERMS

10.1 Website Design & Redesign

(a) Websites are built primarily on WordPress unless otherwise agreed.

(b) Hosting and Domain:

• Can be provided by Gigcreatives (billed separately), or
• Can be purchased and provided by Client with login credentials

(c) Training: Compulsory training on website management is included upon project completion.

(d) Post-Launch Support: Three (3) days of support is included following completion.

(e) File Storage: Project files are stored for sixty (60) days after delivery. Extended backup is available for an additional fee.

(f) Compatibility: We design for current versions of major browsers. We are not responsible for display issues in outdated browsers.

(g) Third-Party Integrations: Functionality dependent on third-party services is subject to those services’ availability and terms.

10.2 Ecommerce Websites

(a) Ecommerce sites are built on WordPress with WooCommerce unless otherwise agreed.

(b) Product Uploads: Product upload limits are package-dependent and specified in your agreement.

(c) Payment Gateway Setup: Payment gateway configuration and setup is the Client’s responsibility. We can provide guidance but do not assume responsibility for payment processing.

(d) Payment Processing: Gigcreatives is not liable for:

• Payment gateway errors or failures
• Transaction declines or disputes
• Chargebacks or fraud
• Payment processor policy changes
• PCI compliance issues
• Any financial losses related to payment processing

(e) Legal Compliance: Client is responsible for ensuring their ecommerce operations comply with all Applicable Laws, including consumer protection, tax collection, and data protection.

10.3 Funnels & Landing Pages

(a) Funnels and landing pages are built on WordPress or client-specified platforms.

(b) Optimization: Pages are designed using conversion optimization best practices; however, we do not guarantee specific conversion rates.

(c) A/B Testing: Available as part of applicable packages.

(d) Performance Variables: Conversion performance depends on factors beyond our control, including:

• Traffic quality and source
• Offer strength and pricing
• Market demand and competition
• Audience targeting
• External economic conditions

(e) See our Marketing & Results Disclaimer for complete performance disclaimers.

10.4 Copywriting & Email Automations

(a) We work with all major email marketing platforms and can set up custom systems based on Client needs.

(b) Copy Ownership: Ownership of copy transfers to Client upon full payment.

(c) Performance: We do not guarantee specific open rates, click rates, or conversions. Performance depends on:

• List quality and engagement
• Sender reputation
• Industry benchmarks
• Subject lines and content
• Timing and frequency
• Spam filter algorithms

(d) Legal Compliance: Client is responsible for ensuring email campaigns comply with applicable laws (CAN-SPAM, GDPR, NDPR, etc.), including obtaining proper consent.

10.5 SEO (Local & National)

(a) Nature of SEO: Search engine optimization is an ongoing, long-term process—not a one-time service.

(b) Contract Length: Minimum contract length is project-dependent and specified in your agreement.

(c) NO RANKING GUARANTEES:

IMPORTANT: Gigcreatives does not and cannot guarantee:

• Specific keyword rankings
• First-page or #1 positions on any search engine
• Specific traffic numbers or increases
• Specific timeframes for improvements

Search engine rankings are determined by algorithms controlled entirely by third parties (Google, Bing, etc.) and are subject to frequent changes.

WARNING: Any SEO provider that guarantees specific rankings is either being misleading or using “black hat” techniques that violate search engine guidelines and risk penalizing your website.

(d) Our Commitment: We commit to:

• Implementing proven, ethical (white-hat) SEO strategies
• Following search engine best practices
• Providing transparent reporting
• Making data-driven recommendations
• Continuous optimization based on performance

(e) Reporting: Reporting frequency is specified in your service agreement.

(f) Early Termination:

• A valid reason is required for early termination
• Kill fee applies as per Section 9.5
• Gigcreatives is not liable for ranking fluctuations or failure to achieve desired rankings

(g) Algorithm Changes: We are not responsible for ranking changes caused by search engine algorithm updates or competitor actions.

10.6 Website Maintenance

(a) Pricing: Available in monthly and annual plans as specified in service packages.

(b) Inclusions: Updates, backups, security, and edits are package-dependent.

(c) Response Time: We commit to responding to maintenance requests within twelve (12) hours during Working Hours.

(d) Edit Hours: Monthly edit hours are package-dependent and do not roll over to subsequent months.

(e) Unused Hours: No refunds or credits for unused hours within a billing period.

(f) Billing: Maintenance is billed at the beginning of each month or period.

(g) Cancellation: Cancel anytime before the next billing cycle begins. Unused prepaid months are refundable.

(h) Scope of Maintenance: Maintenance covers routine updates and minor edits. Major changes, redesigns, or new features are outside maintenance scope and will be quoted separately.

(i) Exclusions: Maintenance does not cover issues caused by:

• Client actions or unauthorized modifications
• Third-party plugins or themes not installed by us
• Hosting provider issues
• Malware resulting from compromised Client credentials
• Force Majeure Events

ARTICLE 11: DISCLAIMERS

11.1 “As Is” Provision

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

11.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIGCREATIVES EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;

(b) WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;

(c) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT;

(d) WARRANTIES THAT DEFECTS WILL BE CORRECTED;

(e) WARRANTIES REGARDING RESULTS OBTAINED FROM USE OF THE SITE OR SERVICES.

11.3 No Professional Advice

(a) Information on this Site is for general informational purposes only.

(b) Nothing on this Site constitutes legal, financial, tax, or other professional advice.

(c) You should consult appropriate professionals before making business decisions.

(d) We are not liable for decisions made based on information from this Site.

11.4 Results Disclaimer

(a) While we are committed to delivering high-quality work, results are not guaranteed.

(b) Past results, testimonials, and case studies do not guarantee similar outcomes.

(c) Success depends on numerous factors beyond our control.

(d) See our Marketing & Results Disclaimer for complete details.

11.5 Third-Party Disclaimer

(a) We are not responsible for Third-Party Services, including their content, availability, accuracy, or practices.

(b) We are not liable for issues arising from:

• Hosting provider outages or failures
• Payment gateway errors or policy changes
• Plugin or software conflicts
• Email deliverability issues
• Search engine algorithm changes
• Social media platform changes
• Any other third-party service disruptions

(c) Links to third-party websites do not constitute endorsement.

11.6 Client Content Disclaimer

(a) You are solely responsible for content you provide to us.

(b) We are not liable for claims arising from Client-provided content, including:

• Copyright or trademark infringement
• Defamation or privacy violations
• False or misleading claims
• Illegal content

(c) You agree to indemnify us for any claims arising from your content.

ARTICLE 12: LIMITATION OF LIABILITY

12.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GIGCREATIVES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE SITE, THESE TERMS, OR OUR SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO GIGCREATIVES FOR THE SPECIFIC PROJECT OR SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

IF YOU HAVE NOT PAID ANY FEES, OUR MAXIMUM LIABILITY SHALL BE ONE HUNDRED UNITED STATES DOLLARS (USD $100).

12.2 Exclusion of Consequential Damages

IN NO EVENT SHALL GIGCREATIVES, ITS OWNERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

(a) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;

(b) LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;

(c) LOSS OF DATA, USE, OR OTHER INTANGIBLE LOSSES;

(d) BUSINESS INTERRUPTION;

(e) COST OF SUBSTITUTE GOODS OR SERVICES;

(f) DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(g) DAMAGES ARISING FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY;

(h) ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR SERVICES;

REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT GIGCREATIVES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.3 Specific Exclusions

Gigcreatives shall not be liable for:

(a) Third-Party Platform Issues: Any loss arising from hosting outages, payment processor failures, software bugs, or third-party service disruptions;

(b) Client-Provided Content: Any claims arising from content, materials, or information provided by you;

(c) Unauthorized Access: Any unauthorized access to your account due to failure to protect credentials;

(d) Force Majeure Events: Any failure to perform due to events beyond our reasonable control;

(e) Algorithm Changes: Ranking or traffic changes caused by search engine or social media algorithm updates;

(f) Business Decisions: Consequences of business decisions made based on our work or recommendations;

(g) Data Loss: Any data loss not caused by our gross negligence, particularly where you failed to maintain backups.

12.4 Essential Basis

THE LIMITATIONS IN THIS ARTICLE ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES. GIGCREATIVES WOULD NOT PROVIDE THE SITE OR SERVICES WITHOUT THESE LIMITATIONS.

12.5 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

ARTICLE 13: INDEMNIFICATION

13.1 Your Indemnification Obligation

You agree to defend, indemnify, and hold harmless Gigcreatives, its owners, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

(a) Your use of the Site or Services;

(b) Your violation of these Terms;

(c) Your violation of any Applicable Law or regulation;

(d) Your violation of any third-party rights, including intellectual property, privacy, or contractual rights;

(e) Content, materials, or information you provide to us;

(f) Your negligence or willful misconduct;

(g) Any dispute between you and a third party;

(h) Any misrepresentation made by you.

13.2 Indemnification Procedure

(a) We will promptly notify you of any claim subject to indemnification;

(b) You will have control of the defense and settlement, provided that:

• You do not admit liability on our behalf without consent
• Any settlement does not impose obligations on us without consent

(c) We may participate in the defense at our own expense;

(d) You will cooperate with our reasonable requests in the defense.

13.3 Survival

This indemnification obligation shall survive termination of these Terms.

ARTICLE 14: THIRD-PARTY LINKS AND SERVICES

14.1 Third-Party Links

(a) The Site may contain links to third-party websites, services, or content.

(b) We provide these links for convenience only.

(c) We do not control, endorse, or assume responsibility for third-party sites.

(d) Your use of third-party sites is at your own risk and subject to their terms.

14.2 Third-Party Tools and Integrations

(a) We may integrate, recommend, or use third-party tools and services.

(b) These tools are provided “as is” without warranties.

(c) We are not responsible for their availability, functionality, or security.

(d) Changes to third-party tools may affect our Services.

14.3 Third-Party Content

(a) Content from third parties appearing on or linked from the Site does not reflect our views.

(b) We are not responsible for the accuracy or legality of third-party content.

ARTICLE 15: GOVERNING LAW AND DISPUTE RESOLUTION

15.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to conflict of law principles.

15.2 Informal Dispute Resolution

(a) Before initiating any formal dispute proceedings, you agree to attempt to resolve the dispute informally by contacting us at moc.sevitaercgigobfsctd-34997b@olleh.

(b) Provide a written description of the dispute, relevant documents, and proposed resolution.

(c) We will respond within seven (7) Business Days.

(d) Both parties agree to negotiate in good faith for at least thirty (30) days before initiating formal proceedings.

15.3 Mediation

(a) If informal resolution fails within thirty (30) days, either party may propose mediation.

(b) Mediation shall be conducted in English.

(c) The costs of mediation shall be shared equally unless otherwise agreed.

(d) Mediation is non-binding unless a settlement is reached and signed.

15.4 Binding Arbitration

(a) If mediation fails or is waived, disputes shall be resolved by binding arbitration.

(b) Arbitration shall be conducted:

• In accordance with the Arbitration and Conciliation Act of Nigeria
• By a single arbitrator mutually agreed upon, or appointed by the Chartered Institute of Arbitrators (Nigeria Branch)
• In English
• In Edo State, Nigeria, or virtually if agreed

(c) The arbitrator’s decision shall be final and binding.

(d) Judgment on the arbitration award may be entered in any court of competent jurisdiction.

15.5 Exceptions to Arbitration

Notwithstanding the above, either party may seek:

(a) Injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm;

(b) Small claims court remedies where applicable.

15.6 Class Action Waiver

YOU AND GIGCREATIVES AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

If this waiver is found unenforceable, then the entirety of this arbitration provision shall be null and void.

15.7 International Clients

For Clients located outside Nigeria:

(a) These Terms remain governed by Nigerian law;

(b) Disputes may alternatively be resolved through:

• International arbitration under ICC or UNCITRAL rules, if agreed in writing
• Courts of competent jurisdiction in Nigeria

(c) You consent to personal jurisdiction in Nigerian courts;

(d) You waive any objection to venue in Nigeria.

15.8 Time Limitation

Any claim or cause of action arising from these Terms or your use of the Site must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

ARTICLE 16: TERMINATION

16.1 Termination by Gigcreatives

We may, in our sole discretion, at any time and without prior notice:

(a) Suspend or terminate your access to the Site or any portion thereof;

(b) Refuse to provide Services to you;

(c) Cancel any pending orders or projects;

(d) Delete your account and associated data;

If we reasonably believe that:

(i) You have violated these Terms;

(ii) You have engaged in fraudulent, abusive, or illegal activity;

(iii) Your continued access poses a security risk;

(iv) Required by law or government authority;

(v) For any other reason at our discretion.

16.2 Termination by You

(a) You may stop using the Site at any time.

(b) To terminate a project or service agreement, you must follow the procedures in your agreement and our Refund Policy.

(c) Account deletion requests should be sent to moc.sevitaercgigobfsctd-2f9708@olleh.

16.3 Effect of Termination

Upon termination:

(a) Your right to use the Site immediately ceases;

(b) Any outstanding fees remain due and payable;

(c) We may delete your account and associated data after a reasonable period;

(d) We retain the right to pursue any remedies available under law;

(e) Provisions that by their nature should survive termination shall survive, including:

• Intellectual Property (Article 5)
• Disclaimers (Article 11)
• Limitation of Liability (Article 12)
• Indemnification (Article 13)
• Governing Law and Dispute Resolution (Article 15)
• General Provisions (Article 18)

16.4 No Liability for Termination

Gigcreatives shall not be liable to you or any third party for any termination of your access to the Site or Services.

ARTICLE 17: FORCE MAJEURE

17.1 Definition

A “Force Majeure Event” means any event beyond a party’s reasonable control, including but not limited to:

(a) Acts of God, natural disasters, earthquakes, floods, hurricanes, or severe weather;

(b) Epidemics, pandemics, or public health emergencies;

(c) War, armed conflict, terrorism, civil unrest, or riots;

(d) Government actions, laws, regulations, embargoes, or sanctions;

(e) Strikes, labor disputes, or work stoppages (not involving the affected party’s employees);

(f) National or regional emergencies;

(g) Power outages, internet outages, or telecommunications failures beyond reasonable control;

(h) Cyberattacks, hacking, or malicious software attacks;

(i) Failure of third-party services essential to performance;

(j) Any other event beyond reasonable control that prevents performance.

17.2 Effect of Force Majeure

(a) Neither party shall be liable for any failure or delay in performing obligations under these Terms if such failure or delay results from a Force Majeure Event.

(b) The affected party must:

• Notify the other party promptly of the Force Majeure Event
• Describe the expected duration and impact
• Take reasonable steps to mitigate the effects
• Resume performance as soon as reasonably possible

(c) During a Force Majeure Event:

• Obligations affected by the event are suspended
• Deadlines are extended by the duration of the event
• Neither party may terminate solely due to the Force Majeure Event unless it continues for more than ninety (90) days

17.3 Extended Force Majeure

If a Force Majeure Event continues for more than ninety (90) days:

(a) Either party may terminate the affected agreement by written notice;

(b) Client shall pay for all work completed prior to termination;

(c) Neither party shall be liable for damages arising from such termination;

(d) We will work in good faith to find a mutually acceptable resolution.

ARTICLE 18: GENERAL PROVISIONS

18.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Refund Policy, Marketing & Results Disclaimer, and any applicable service agreements, constitute the entire agreement between you and Gigcreatives regarding the subject matter hereof and supersede all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.

18.2 Amendments

(a) We reserve the right to modify these Terms at any time at our sole discretion.

(b) Changes become effective upon posting to the Site.

(c) The “Last Updated” date will reflect the most recent revision.

(d) For material changes, we may provide additional notice (e.g., email, Site banner).

(e) Your continued use of the Site after changes constitutes acceptance.

(f) If you do not agree to changes, you must stop using the Site.

(g) No amendment to these Terms shall be effective unless made by us through this process or in a signed written agreement.

18.3 Severability

(a) If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

(i) Such provision shall be modified to the minimum extent necessary to make it valid and enforceable; or

(ii) If modification is not possible, such provision shall be severed from these Terms;

(b) The remaining provisions shall continue in full force and effect;

(c) The invalidity of any provision shall not affect the validity of any other provision.

18.4 Waiver

(a) No waiver of any term or condition of these Terms shall be deemed a continuing waiver or a waiver of any other term or condition.

(b) Any failure or delay by Gigcreatives to enforce any right or provision shall not constitute a waiver of such right or provision.

(c) Any waiver must be in writing and signed by Gigcreatives to be effective.

18.5 Assignment

(a) You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

(b) Any attempted assignment in violation of this Section shall be null and void.

(c) Gigcreatives may assign, transfer, or delegate its rights and obligations without restriction.

(d) These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

18.6 Relationship of Parties

(a) Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Gigcreatives.

(b) Neither party has authority to bind the other or incur obligations on the other’s behalf.

(c) Gigcreatives provides Services as an independent contractor.

18.7 No Third-Party Beneficiaries

These Terms are for the sole benefit of the parties and do not create any third-party beneficiary rights, except as expressly provided.

18.8 Notices

(a) Notices to Gigcreatives must be sent to:

• Email: moc.sevitaercgigobfsctd-11d2bb@olleh
• Subject line should include “Legal Notice” for formal matters

(b) Notices to you will be sent to the email address you provided.

(c) Notices are deemed received:

• If by email: upon confirmed delivery or 24 hours after sending if no bounce-back
• If by mail: upon confirmed receipt or 7 days after posting

18.9 Language

(a) These Terms are written in English.

(b) In the event of any translation, the English version shall prevail.

18.10 Headings

Headings are for convenience only and do not affect the interpretation of these Terms.

18.11 Construction

These Terms shall not be construed against either party as the drafter.

18.12 Cumulative Remedies

The rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies provided by law.

18.13 Survival

All provisions that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution.

ARTICLE 19: CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact us:

Gigcreatives

We aim to respond to all inquiries within one to two (1–2) Business Days.

ARTICLE 20: ACKNOWLEDGMENT

BY ACCESSING OR USING THE SITE, SUBMITTING ANY FORM, MAKING ANY PAYMENT, OR ENGAGING OUR SERVICES, YOU ACKNOWLEDGE THAT:

(a) YOU HAVE READ THESE TERMS IN THEIR ENTIRETY;

(b) YOU UNDERSTAND THESE TERMS;

(c) YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS;

(d) YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT;

(e) THIS AGREEMENT IS ENFORCEABLE AGAINST YOU.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE OR ENGAGE OUR SERVICES.