GIGEVERSE
TERMS AND CONDITIONS
GIGEVERSE is engaged in providing online advertising services for small businesses to grow their business across online channels and mobile. GIGEVERSE services and products are listed on its website: gigeverse.com - Client is engaging GIGEVERSE for its services and products and agrees to be bound by the following terms and conditions, the agreement, when using GIGEVERSE software, applications, websites, and or services.
ADDITIONAL SERVICES: If Client requests additional services beyond the opted for plan, GIGEVERSE and Client will negotiate in good faith with respect to terms, conditions, and compensation for such additional services. Any agreement for additional services shall be set forth in writing.
FEES: The Client shall pay the first monthly fee of the plan at the time of engagement. The Client authorizes GIGEVERSE to automatically charge Client’s credit card on a recurring monthly basis. The Client has no right to a refund.
TERM (NO LONG-TERM CONTRACT): This agreement is effective as of the effective date and shall continue in force unless otherwise terminated by either GIGEVERSE or the Client at anytime, for any reason, or no reason at all.
TERMINATION (ANYTIME, ANY REASON): This agreement may be terminated anytime by the Client or GIGEVERSE, with or without cause, effective immediately upon written notice (email or text also sufficient) to the other party. If the Client terminates, the prepaid monthly charge shall be non-refundable. If GIGEVERSE terminates, the prepaid monthly charge shall be refundable based on proration using thirty calendar days. GIGEVERSE has the right to cancel Client's account at anytime without cause, liability or responsibility, and regardless of Client's account status. Upon termination by either party, the Client is only entitled to the return of their domain which they must have paid for, GIGEVERSE shall disconnect Client’s account from GIGEVERSE Services and products, and all rights granted to the Client shall cease immediately. GIGEVERSE shall also have the right to terminate the Client’s account if the Client violates the terms and conditions of this agreement.
AD SPEND (MEDIA FEE): Client shall assume the sole responsibility to pay for third party companies (hereinafter referred to as the “Media” – such as Google Ads, Facebook, Instagram, TikTok and alike). Client shall present the GIGEVERSE with credit card information and authorization to have the daily Media fees charged to the Client’s credit card. Client acknowledges and agrees that the Media fees are separate from the fees Client shall pay GIGEVERSE for set up and recurring monthly basis for the chosen plan.
All purchases of Media, production costs, and engagement of talent will be subject to Client’s prior approval. Client reserves the right to cancel any such authorization. The Client shall assume responsibility to pay for all Media costs and fees. The Client will hold GIGEVERSE harmless with respect to any costs incurred by GIGEVERSE as a result. For all media purchased by the GIGEVERSE on Client’s behalf, Client agrees to be solely liable to media.
PLAN UPGRADE/DOWNGRADE: The Client may upgrade or downgrade their plan with advanced notice. For any upgrade or downgrade in Client’s plan, Client’s credit card will be automatically charged, and the transaction will be reflected in the subsequent invoice.
CLIENT COOPERATION: Client agrees to provide GIGEVERSE with the requested information promptly so that GIGEVERSE can carry out its tasks. The Client agrees to provide GIGEVERSE with their credit card information promptly so GIGEVERSE can carry on its tasks. The Client agrees not to delay the production of the requested information and agrees to fully cooperate with GIGEVERSE promptly. Client agrees to let GIGEVERSE use their company logo on marketing materials, including web, email, mail and live campaigns.
ADDITIONAL UNDERSTANDING:
By using the GIGEVERSE’s services, the Client agrees not to post, upload to, transmit, distribute store, create, or otherwise publish through any of GIGEVERSE’s services and products, any of the following:
· Content that, in the sole judgement of the GIGEVERSE, is objectionable or which restricts or inhibits any other persons from using or enjoying the interactive areas or the product and services of GIGEVERSE, or which may expose GIGEVERSE to any harm or liability of any kind.
· Any message, date, or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable.
· Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
· Content that may infringe any patent, trademark, trade secret, copyright, or otherwise intellectual or proprietary right of any party.
· Send any emails that violate Can-Spam Laws and or Spam.
· GIGEVERSE is not responsible or liable for the failure of any of Client’s customers or any third party to comply with the rules, terms, conditions, policies, and applicable laws, rules, or regulations governing any promotion.
· GIGEVERSE does not sponsor, administer, or endorse, and it is not liable for the content of any promotion, product data, or media distributed.
· GIGEVERSE is not responsible or liable for Client’s use or distribution of information.
· GIGEVERSE merely facilitates the distribution of promotions, product date, and media and the Client understands that the GIGEVERSE’s services and products do not safeguard to ensure Client’s promotions and media comply with any laws, rules, regulations, or policy.
· The Client is responsible for ensuring its promotion, product data, or media complies with any applicable law, rule, or regulation and the Client agrees to comply with all statements and promises made to its customers.
UPDATES AND CHANGES: GIGEVERSE shall reserve the right to update and change this agreement and or its offered Services and Products without notice. Pricing changes for services and plans, including but not limited to, monthly subscription plan fees for services, are subject to change upon 30 days’ notice from GIGEVERSE. Any new features released and or current plan modifications shall be subject to this agreement. Continued use of the services after any such changes shall constitute and imply Client’s consent to such changes.
CONFIDENTIALITY: Client and GIGEVERSE agree to keep in confidence and not disclose or use for its own respective benefit or for the benefit of any third party (except as may be required for the performance of services under this Agreement or as may be required by law), any information, documents, or materials that are reasonably considered confidential regarding each other’s products, business, customers, clients, suppliers, or methods of operation; provided, however, that such obligation of confidentiality will not extend to anything in the public domain or that was in the possession of either party prior to disclosure. GIGEVERSE and Client will take reasonable precautions to safeguard the property of the other entrusted to it. Neither GIGEVERSE nor Client will be responsible for any loss or damage.
OWNERSHIP: Materials produced by GIGEVERSE, including its Services and product, are the sole property of GIGEVERSE. It is also understood that GIGEVERSE may license materials from third parties in which case ownership of such licensed materials remains with the licensor at the conclusion of the term of the license and the Client agrees that it remains bound by the terms of such licenses. GIGEVERSE shall have the sole and exclusive ownership and rights to all materials: marketing, demographic, procured information, systems, software, documentation, hardware, equipment, devices, templates, tools, processes, methodologies, know-how, websites, and any
additional intellectual property, including copyrights, trademarks, patents, trade secrets and other interests. In the event ownership of such materials does not automatically vest in GIGEVERSE by virtue of this agreement, the Client hereby transfers and assigns to GIGEVERSE all rights, title and interest the Client may have. Client acknowledges, understands, and agrees that assets created during the relationship with GIGEVERSE are the sole property of GIGEVERSE and not owned by the Client. Client further acknowledges, understands and agrees that GIGEVERSE does not transfer services to any other third party and GIGEVERSE can terminate the agreement with or without cause at anytime.
INDEMNITY: Client agrees to indemnify and hold GIGEVERSE harmless in relation to any claims or actions by third parties against GIGEVERSE based upon materials furnished by Client or where material created by GIGEVERSE. Information or data obtained by GIGEVERSE from Client to substantiate claims made in advertising shall be deemed to be materials furnished by Client. Client further agrees to indemnify and hold GIGEVERSE harmless respective to any death or personal injury claims or actions arising from the use of Client’s products or services. The Client indemnifies, defends, and holds harmless the GIGEVERSE and its affiliates, and subsidiaries, and their respective officers, directors, employees, consultants, agents, representatives, professional advisors, and contractors from any and all claims, losses, liability, damages and or costs, including but not limited to, attorney’s fees and costs, arising out of Client’s use of the products and services of the GIGEVERSE. Client’s indemnification includes, without limitation, all claims related to the posting or removal of content, user content, or entries to or from the Services.
DISCLAIMER OF WARRANTY: GIGEVERSE makes no warranties hereunder and expressly disclaims all warranties, express or implied, including but not limited to, warranties of ability and fitness for a particular purpose. GIGEVERSE further disclaims all representations and warranties, express or implied, that the systems do not infringe or otherwise violate any intellectual property or other proprietary right of any third party in any jurisdiction. The Client understands and agrees that the systems may not satisfy all the Client’s requirements and may not be uninterrupted or free from error. GIGEVERSE’s services and products, including but not limited to technologies, content, performance, and products are provided to the Client on an “as is” basis without warranties from GIGEVERSE of any kind, express or implied.
LIMITATION OF LIABILITY: GIGEVERSE shall have no liability with respect to the systems’ malfunctions because of using GIGEVERSE services for any indirect, consequential, exemplary, special, incidental or punitive damages even if the GIGEVERSE has been advised of the possibility of such damages. In any event, GIGEVERSE’s liability to the Client under this agreement for any reason will be limited to an amount equal to a maximum of One monthly subscription fee paid by the Client to the GIGEVERSE. This Limitation applies to all causes of action, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts. Client understands and agrees that the GIGEVERSE cannot be responsible for content posted by the client or other uses of the Services. Client agrees to use GIGEVERSE services and products at Client’s own risk. GIGEVERSE shall not be liable to the Client or any third party for any modification, price change, content, materials, suspension or discontinuance of services. The Client agrees to waive Client’s rights to file a claim for losses, damages, equity relief and like against GIGEVERSE and its affiliates. The Client agrees to not assert any claims or allegations of any nature whatsoever against the GIGEVERSE, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents, or employees, arising out of or in any way relating to Client’s use of GIGEVERSEs services and products.
SECURITY OF SERVICES: The internet is an inherently insecure medium and reliability of services cannot be assured. When the Client uses the services and products of GIGEVERSE, the Client accepts these risks, and the responsibility for choosing to use a technology and services that do not have perfect security or reliability. The Client also accepts the risks associated with the security of their credit card information. Credit card information is provided by the Client and the Client holds responsibility for its protection. Third-Party products and services include social network platforms, subscriber and sponsor sites, payment processors and other payment intermediaries that Client may use in connection with Client’s use of GIGEVERSE’s services and products and or any third-party services, and the Client does so at the Client’s own risk. GIGEVERSE does not monitor or have any control over and makes no claim or representation regarding any third-party content or products or services.
FORCE MAJEURE: If performance of all or part of this agreement is prevented, delayed or is impracticable by reason of flood, riot, fire, law, or embargo, licensing, labor disputes, act of God or any cause beyond control, the party’s performance is herein excused to the extent prevented by such cause. The party shall nevertheless use its
best efforts to re-commence its performance hereunder as soon as practicable and to mitigate any damages resulting from its non-performance.
INDEPENDENT CONTRACTOR RELATIONSHIP: The parties acknowledge and agree that the relationship between the Client and GIGEVERSE is that of an independent contractor, and not that of an employer-employee relationship. The Client is responsible for any and all payments required to be made to any government taxing authority or agency or otherwise. The Client hereby agrees to indemnify and hold harmless GIGEVERSE from any and all expenses, costs and liabilities.
NON-EXCLUSIVE RELATIONSHIP: The Client understands and agrees this agreement, including GIGEVERSE services and products, is not exclusive. GIGEVERSE may freely offer its services and products to similar types of businesses to that which of the Client's type of business, and within any geographic distance to Client's business location.
NOTICES: GIGEVERSE and the Client agree to have notices sent by email, fax, or mail. Any notice required will be deemed sufficient when emailed to the relevant address listed herein.
WAIVER: A waiver shall be in writing and signed. Failing to enforce a provision of this Agreement shall not be construed as a waiver or relinquishment of any rights. The parties’ rights herein this Agreement shall remain in full force and effect.
ENTIRE TERMS: This agreement constitutes the entire agreement between the parties. Any prior agreements, written or oral, express or implied, between the parties are terminated.
ASSIGNMENT: GIGEVERSE shall have the right to an assignment of rights without notice. Client shall have the right to assign rights subject to written consent of GIGEVERSE.
ARBITRATION: Disputes between the parties to this agreement shall be arbitrated before an arbitrator, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The parties agree Arbitration is the sole remedy. The parties also agree to the limitation of liability set forth. Arbitration shall be held in the city of Orange County, State of California.
GOVERNING LAWS: This Agreement shall be interpreted in accordance with the laws of the State of California without regard to its principles of conflicts of laws. Jurisdiction and venue shall be solely within the city of Orange County, State of California.
PLANS
BUSINESS BOOST: $697 per month recurring
Landing Page
Sales Funnel
Google Ads
Facebook & Instagram Ads
200+ Connections -TikTok, X, Yelp
Google Business Profile -SEO
Mobile App
Ad Designs
Social Media Posting
Reputation Management -Reviews
Marketing Director
Centralized Tracking Number
Email Marketing
Text Marketing
Unlimited Contacts - CRM
Text-to-Pay, secure
Automated Missed Call Text Back
Webchat on landing page
Calendar Booking System
Automated Pipelines
Memberships, Coupons, Courses