Creative Terms and Conditions

1. Introduction

These Terms and Conditions govern the relationship between GigZam and the individual or entity registering as a service provider on the platform. The parties agree to be bound by these Terms, as these may be amended from time to time, and by such other terms and conditions governing the use of benefits or services made available in connection with the services.

2. Definitions

"Agreement" means these Terms and Conditions of Use. "Company" means GigZam. "Customer" means an individual or entity interested in using the Services. "Fees" means the amount payable in exchange for the Services. "Platform" means the avenue through which Customers can access the Services. "Services" means facilitation activities connecting the Customer to the Service Provider. "Service Provider" means the third-party professional that provides any of the Services.

3. Nature of the Service

The Company operates a Platform that connects Customers with independent Service Providers for event-related services. Service Providers are independent contractors, not employees, agents, partners, or representatives of the Company, and have no authority to bind the Company or make representations on its behalf.

4. Eligibility and Registration

At onboarding, the Service Provider confirms that they possess the mental and legal capacity to enter into binding agreements, possess the skills and qualifications necessary for the Services, and have provided accurate, complete, and truthful information during registration.

The Company reserves the right to approve, suspend, or remove Service Providers at its discretion.

5. Scope of Services

The Company will not control or interfere with the performance of the Services. The Service Provider is expected to provide listed Services professionally and competently, and remains solely responsible for service quality and delivery, equipment, tools, materials, permits, licences, and approvals required by law.

6. Bookings and Acceptance

All booking requests will be made via the Platform. The Service Provider may accept or decline a booking request, subject to Platform rules. Once accepted, the Service Provider is expected to honour the booking, provide the Services as agreed with the Customer, and attend the event at the agreed time and location.

Failure to honour confirmed bookings may result in penalties, suspension, or removal from the Platform.

7. Fees, Payments, and Commission

The Company will charge pre-approved Fees displayed on the Platform. Fees may include booking fees, service facilitation fees, transport and logistical costs, and commissions. All payments must be made through approved payment channels displayed on the Platform, including bank transfer, EFT, or mobile money.

The Service Provider shall not seek additional payments from the Customer outside the Platform. If scope changes, the Customer must revise the request on the Platform so the appropriate Fees are charged. The Service Provider remains solely responsible for taxes, levies, and statutory contributions.

8. Cancellations and Non-Performance

Confirmed bookings may not be cancelled without a valid reason. Where a booking is cancelled without justification, or the Service Provider fails to honour a booking, the Service Provider may be responsible for compensating the Customer for losses suffered.

The Company may suspend or terminate the Service Provider after investigating the matter. In force majeure circumstances, the Service Provider must immediately inform the Company.

9. Standards of Conduct

The Service Provider must act professionally and respectfully, comply with applicable laws and regulations, avoid behaviour that may damage the Company's reputation, and refrain from misleading Customers or misrepresenting their skills.

10. Customer Relationship

The contract for services is formed directly between the Customer and the Service Provider. The Company acts only as a facilitator and shall not be liable for service outcomes.

11. Insurance and Liability

The Service Provider is responsible for maintaining insurance appropriate to the Services offered. The Company shall not be liable for injury, loss, damage, or claims caused by the Service Provider in performance of the Services. Nothing in these Terms excludes liability arising from fraud or gross negligence.

12. Indemnity

The Service Provider shall indemnify and hold harmless the Company from claims, damages, losses, liabilities, or expenses arising from the Services, breach of these Terms, Customer complaints, or third-party claims.

13. Intellectual Property

The Company is granted a non-exclusive, royalty-free right to display the Service Provider's name, profile, portfolio, and promotional material for marketing purposes. The Service Provider warrants that any content provided does not infringe third-party rights.

14. Confidentiality

The Service Provider agrees to keep confidential any non-public information relating to the Company, Customers, or Platform operations. This obligation survives termination of this Agreement.

15. Suspension and Termination

Either Party may terminate this Agreement by giving 30 days notice. The Company may suspend or terminate a Service Provider's account or Platform access if these Terms are breached, repeated complaints are received, or the Service Provider engages in misconduct or illegal activity.

16. Data Protection

All personal data processed on the Platform or by the Company is processed in accordance with the Data Protection Act, No. 3 of 2021. By accepting these Terms and Conditions, the Service Provider gives explicit consent for the Company to collect, process, store, and share personal data for service delivery, compliance, and support purposes.

The Company will seek separate and specific consent for marketing communications, profiling for personalized offers, or sharing data with third-party partners for value-added services.

17. Dispute Resolution and Governing Law

This Agreement is governed by the laws of Zambia. In the event of a dispute, the Parties shall endeavour to settle the dispute by discussion and negotiation. Should this fail, the dispute shall be referred to a court of competent jurisdiction within the Republic of Zambia.

18. Amendments

The Company reserves the right to amend these Terms at any time. Updated Terms will be posted on the Platform and continued use constitutes acceptance.

19. Contact Information

For questions or concerns, contact the Company at info@gigzam.co.zm.