Terms of service

Preamble
These general conditions of Use and Sales (hereinafter referred to as “General Conditions”) are concluded between:

The company GigLink Pty Ltd, a proprietary company, registered with the Australian Securities and Investment Committee under Australian Business Number 27 684 223 050.  

hereinafter referred to as: the “ Company ”.

And

The Client and/or the Freelancer  

hereinafter referred to as “ the User ”.

The Company offers services for connecting Freelancers and Clients.

The purpose of these General Conditions is to govern the conditions of use and sale of the Company, as well as to define the rights and obligations of the Users put in contact.

Any access and/or use of the Company’s services implies unreserved acceptance and compliance with all of the terms of these General Conditions.

Definitions

Client: means any legal entity or natural person, using the Site for strictly professional purposes, with a view to entering into contact or being put in contact with one or more Freelance(s) in order to entrust them with the performance of a Gig.

Content: means all comments, messages or information of any nature whatsoever (text, images, videos, photographs, comments, brands, company names, etc.) exchanged by Users.

Gig Contract: means the contract entered into between a Freelancer and a Client following a connection made by the GigLink Pty Ltd Company.

Freelance: means any natural or legal person, either having a Australian Business number and registered in the Trade and Companies Register, having the status of micro-entrepreneur or working as an independent under legal conditions from Australia and who offers their services to Customers through the Company’s Website. Freelancers are responsible for complying with all laws applicable to independent contractors.

Billing Mandate: means the billing mandate concluded between the Freelancer and the Company under the terms of which the Freelancer agrees to entrust the Company, in compliance with the applicable rules, with the establishment and issue of its invoices relating to the Gigs carried out for a Client via the Company’s Site.

Factoring management mandate: means the factoring management mandate concluded between the Freelancer and the Company under the terms of which the Freelancer agrees to entrust the Company with the management of the operations necessary for the factoring of its invoices corresponding to the Gigs.

Gig: means the specific task entrusted by a Client to a Freelancer.

Site: means the website whose address is www.giglink.com.au.

Services: means all services provided by the Company and in particular, the service of connecting Freelancers and Clients, the services of providing means of payment tools, the establishment and issue of invoices in the name and on behalf of Freelancers as well as services intended to support the Client in the search for and selection of Freelancers for the accomplishment of Gigs.

Recruitment Service: refers to the case where a Client offers an employment contract (permanent or fixed-term contract) to a Freelancer, before or during the course of a

Gig. Users: means Freelancers and/or Clients.  

Site Registration

To access the Services, the User must create an account by registering on the Site. The User must be at least 18 years old and legally capable of entering into a contract and using the Site in accordance with these General Conditions. The User is required to provide accurate information, which he/she undertakes to update immediately in the event of any changes.

To be listed as a Freelancer on the Site, the Freelancer is also required to complete the registration form available on the website or to accurately provide all the relevant information listed in the registration form. As the Company’s Site is a local platform, the User is required to indicate as their main area of activity the place where they are registered, or their usual place of residence. The Freelancer also agrees to enter into an invoicing mandate and a factoring management mandate with the Company to use the Services and to upload to the Site the required documents concerning them for the purpose of meeting their obligations in the fight against undeclared work, as well as the transparency rules (KYC) for the purpose of combating tax fraud, money laundering and the financing of terrorism.

In the event that the User provides false, inaccurate, outdated or incomplete data, the Company will be entitled to suspend or close his account and to refuse him, in the future, access to all or part of the Services.  

Description of Services and operation of the Site
The Services include in particular:

An easier connection between Freelancers and Clients;
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A tailor-made consulting service for the purpose of finding Freelancers;
 
A search system that makes it easy to offer Gigs to verified Freelancers.
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Provision of means of payment intended to secure the progress of a Gig;

The establishment and issue of invoices relating to the Gigs carried out,
in the name and on behalf of the Freelancers;

The collection from Freelancers of the documents required as part of the duty of care and their provision to Clients;
 
Each Gig is defined, accepted and carried out via the Platform as follows:
The Freelancer connects to the Platform after having expressly accepted these T&Cs and provided the required information concerning his profile and skills;
 
The Company analyses the information transmitted in the profiles and exchanges with the Freelancer to finalise its presentation;

The Client connects to the Platform after having expressly accepted these T&Cs and makes a Gig request on the website or the Platform by providing the requested information concerning said Gig (date, location, price, technical specifications, etc.) and selecting the type of Gig envisaged;
 
The Company validates the Clients’ requests and then selects the Freelancers who are best able to carry out the Gig (the search status is “in progress”);
 
The Company proposes profiles to the Client (the search status is “proposed candidates”);

The Company organises and plans meetings and exchanges between Freelancers and Clients (the search status is “candidates to be confirmed”);

If the Client validates the Freelance and therefore validates the Gig, the parties agree to enter into a contract together.    

Gig validation
Validation of the Gig by the client results in payment to the Freelancer of the amount of the invoice, plus the commission payable to the Company by the latter.

Hiring
In the event that the connection results in the hiring of the Freelancer by the Client, this corresponds to a Recruitment Service of the Company. This Recruitment Service is commissioned as described in Article 6 below.

Access to the Site and Services
Freelancers must have given the Company a mandate to establish and issue their invoices by accepting the Invoicing Mandate and the factoring management mandate in order to be able to use the Services of the Company’s Site. Similarly, they must have uploaded to the platform the required documents concerning them in order to meet their obligations in the context of the fight against undeclared work, as well as the transparency rules (KYC) for the purposes of combating tax fraud, money laundering and the financing of terrorism.

Users are personally responsible for setting up the IT and telecommunications resources enabling access to the Site. They retain responsibility for telecommunications costs when accessing the Internet and using the Site.

We intend for the site to be accessible 24 hours a day, 7 days a week to all Users. Updates and maintenance requirements may lead to downtimes, which will be communicated to all users.

The Company reserves the right, without notice or compensation, to temporarily or permanently close the Site or access to one or more Services to carry out an update, modifications or a change to the operational methods, servers and hours of accessibility, without this list being exhaustive.

The Company reserves the right to make any modifications and improvements to the Site and the Services that it deems necessary or useful for the proper functioning of the Site and its Services.

Price of Services
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Connection leading to a Gig
The Company’s commission is calculated on the basis of a percentage that is added to the total value of the price of the Gig by the Freelancer. This commission is fully paid by the client upon validation of the Gig by the Client.

The Price of the Services is set at

5% excluding tax of the price of the Gig calculated by the client.  
2% excluding tax of the price of the Gig calculated by the freelancer.

Recruitment Service Case
In the event of the conclusion of an employment contract without the completion of a Gig, the Company receives a commission of 25% of the Freelancer’s gross annual salary, including all sources of remuneration arising from the employment contract and, in particular, bonuses, as indicated in the employment contract signed between the Client and the Freelancer.

Any hiring of a Freelancer which occurs following the completion of a Gig within the framework of the Company’s Services will be subject to a reduced commission, namely:

20% excluding GST commission for any hiring following a gig of less than or equal to 3 months
15% excluding GST commission for any hiring following a gig of 3 to 9 months  


Payment system
Payment by the Client of the amount of the Gig is made by payment by provision of the Gig via an electronic money account (escrow account). Payment of the provision is made by transfer or via the online platform.

In the case of payment by invoice, the Client may be authorized to pay the amount of the Gig directly at its end without prior provision, within the payment periods provided for by law. The terms and conditions of such payment are the subject of a written agreement.

For the purposes of implementing the payment system, the Company has subscribed to various methods prescribed via the online payment portal.

The delivery of funds as part of a payment by provisioning an electronic money account does not constitute a bank deposit and does not bear interest.

Disputes
In the event that the Gig is cancelled by mutual agreement (whether at the initiative of the Client or the Freelancer), the Company will reimburse, within 15 days, the amount of the Gig to the Client in the case of payment by provision of the Gig.

In the event of a disagreement between the Client and the Freelancer on the quality of the service, the scope, the terms, or the stage of completion of the Gig, they undertake to inform the Company via customer service and to make their best efforts to discuss and find an amicable solution within 45 days.

The Company may intervene to attempt to propose a solution to the parties.

In the absence of agreement within this period, and in the event that the Gig has been the subject of a prepayment into an escrow account, the Company will return, within 15 days, the amount of the advance made by the Client corresponding to the amount of the Gig, less a fixed administration fee of $250 AUD, corresponding in particular to the costs incurred by the Company with the payment service providers as well as the costs of handling the dispute.

The Company has the right to waive or reduce the $250 AUD administration fee based on circumstances of the dispute.

The Client and the Freelancer will then make it their personal business to resolve their dispute.

Commitments
The User agrees to access and use the Site and the Services in accordance with the laws in force and these General Conditions.

In this regard, the User acknowledges that for the exclusive purposes of verifying compliance by the User with these General Conditions and applicable laws, the Company may take cognizance of any Content published or exchanged on the Site.

Likewise, they acknowledge that the Company may intervene to moderate the Content published or communicated, if they do not comply with the laws and regulations in force as well as the obligations of the Users under these General Conditions.

The User undertakes to make all declarations and formalities necessary for its activity, as well as to satisfy all its legal, social, administrative and fiscal obligations and all specific obligations incumbent upon it where applicable in application of Australian law and/or foreign legislation on which it depends, within the framework of its activity and the use of the Services.

In the event of a request, the User undertakes to provide, without delay, to the Company any supporting document proving that he meets the conditions set out in this article.

The User is solely responsible for the proper completion of the aforementioned formalities incumbent upon him. The Company cannot be held liable in this regard.

The User undertakes to make fair use of the Site, in particular not to circumvent the Site and its Services.

In this context, the Freelancer undertakes to declare to the Company the Gigs resulting from the connection with a Client or an end Client by the Site or the Company. The End Client is understood to be the Client’s principal.  

In this context, the Client undertakes to declare to the Company the Gigs arising from the connection with a Freelance by the Site or the Company.

Unless prior written agreement is obtained from the Company, the Client and its subsidiaries or related companies located in Australia or abroad, waive the right to engage or employ, directly or indirectly, the Freelancers who are involved in the Client’s Gigs initiated and/or ordered by the Client, even if the Freelancer has completed his Gig on the day of the request.

This clause remains valid for the entire duration of the Gig and for 6 (six) months following the expiry of the last Gig Contract.

In the event that the Freelancer does not respect this commitment, he will automatically be liable to the Company for compensation fixed from now on and at a fixed amount equal to 6 months of Gig (fixed value of the last Gig Contract), without prejudice to any other rights to compensation and reparation.

In the event that the Client does not respect this commitment, it will automatically be liable to the Company for compensation fixed from now on and as a lump sum at an amount equal to 6 months of Gig (lump sum value of the last Gig Contract), per Freelancer concerned, without prejudice to any other rights to compensation and reparation.

Where applicable, the Customer will make its best efforts to ensure that its end Customer complies with this clause.

This clause is automatically void if a Recruitment Contract has been signed between the Company and the Client.

Likewise, any User is prohibited from extracting any content from the Site for a similar or competing activity, or for recruitment purposes.

The Client undertakes to provide a serious and sufficiently detailed Gig offer to the Freelancer(s) with whom he/she comes into contact via the Site in order to obtain a price proposal.

In this respect, the Client undertakes to provide the Freelancer with all necessary details so that the description of the Gig offer is as accurate as possible and does not mislead the Freelancer.

The Client undertakes not to request the cancellation of his payment by electronic money provision from his financial institution, during the course of the Gig.

Similarly, the Client acknowledges that validation of the Gig via the Site or by email constitutes receipt of the Gig and an irrevocable payment order for the benefit of the Freelancer. By this validation, the Client declares the Gig completed and compliant and definitively waives any claim or recourse against the Company in respect of this payment.

In the event that the Client has not validated the Gig at the end of the Gig, and without any response from the Client to reminders from the Freelancer and/or the Company, the Client acknowledges that the Company will be entitled to release the amounts set aside for the benefit of the Freelancer, one (1) month after notification that has remained unanswered sent via the email address of the Client’s user account.

The Freelancer undertakes to maintain strict confidentiality regarding any exchanges he may have had with Clients and any information that may have been transmitted to him or of which he may become aware during contact via the Site (whether or not having given rise to a Gig).  

The Freelancer undertakes to only offer his services and carry out Gigs on the Site in his own name. Thus, he is prohibited from subcontracting all or part of the Gig to a third party. In the event that the Freelancer operates under a legal form other than a sole proprietorship, only the manager, president or partner of the structure, a natural person, may invoice. He thus undertakes to create a profile on the Site and to carry out the Gig himself.

Nothing in the agreement excludes or limits consumer guarantees or other rights under the Australian Consumer Law.

Responsibility

Responsibility of Users, Clients and Freelancers
The User is solely responsible for any direct or indirect damage that he may suffer as a result of inaccurate, incomplete and/or misleading information that he provides when registering or in the absence of updating this information, for which he alone assumes the consequences.

He acknowledges and accepts that any notification under these General Conditions may be made to him via the contact email address provided when creating his profile on the Site.

The Client is solely responsible for the description of the Gig offer for which he requests a price proposal from the Freelancer. In the event of an error in the description of the Gig offer, the Client will assume alone any additional services required and additional costs related thereto by formalizing with the Freelancer an additional Gig through the company.

The User is solely responsible for the conclusion and execution of contracts relating to a Gig that he concludes with another User through the Site, the Company only intervening to put them in contact. The conclusion and execution of these contracts, which occur directly between a Freelancer and a Client, are carried out at the initiative and under the exclusive responsibility of the latter.

The Freelancer acknowledges that the tools and technical means made available by the Company do not exempt it from its liability with regard to the legal obligations incumbent upon it. In particular, it acknowledges retaining full liability for its legal and tax obligations in terms of invoicing under the original initial and/or corrective invoices issued in its name and on its behalf by the Company, in particular with regard to its GST declaration and payment obligations, in accordance with the Invoicing Mandate and Factoring Management Mandate.  

Company Liability
The Company implements all means to ensure access and proper functioning of the Site and Services 24 hours a day, 7 days a week.

However, given the limitations of the Internet, the Company cannot exclude that access to and operation of the Site and the Services may be interrupted, particularly in the event of force majeure, malfunction of the User’s equipment, malfunctions of the User’s Internet network, or maintenance operations intended to improve the Site and the Services.

Consequently, the Company cannot be held responsible for any interruption of the Services, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit interruptions attributable to it.

The Company provides Freelancers and Clients with tools and technical means enabling them to enter into contact for the purpose of concluding a service contract. Its liability is limited to the provision of these means, as described herein, and to the connection between Freelancers and Clients.

The Company and the User are independent parties, each acting in their own name and on their own account.

The Company does not enter into any contract in the name and/or on behalf of a Freelancer or a Client, the latter contracting directly with each other through the Company.

Consequently, the Company cannot under any circumstances be considered as an employee/employer or agent of a User.

The Company is not a party in any capacity whatsoever to the contracts relating to a Gig concluded between Freelancers and Clients, the latter are solely responsible for any difficulties, claims and disputes that may arise during the conclusion and/or execution of said contracts. Consequently, each User releases the Company from any liability for the direct or indirect consequences resulting directly or indirectly from the establishment of a relationship, conclusion and/or execution of such a contract between a Freelancer and a Client.

As such, the Company cannot be held responsible for any cancellation of payment or revocation of direct debit authorization at the initiative of the Customer alone, and for any consequences that may result.

The Company does everything possible to ensure the content and validity of the information and documents transmitted by Freelancers on the Site as long as they are established in Australia. However, the Company cannot be held responsible in any way whatsoever for breaches of the obligations incumbent on them, in particular in the context of the fight against undeclared work and compliance with transparency rules, as well as any damage that may result.

Therefore, the Company cannot be held responsible for false, misleading or outdated information communicated to it by the Freelancer.  

Personal Data & Cookies

The terms of processing data related to the use of the website www.giglink.com.au and any other interaction with the Company are explained in the privacy policy available at https://www.giglink.com.au/privacy. This privacy policy also explains the rights of access, rectification, deletion, portability and limitation available to persons concerned by the processing of personal data that the Company implements.

Intellectual Property
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From the site
The Site and each of the elements that compose it, in particular but not limited to, the texts, images, videos, photographs, brands, logos, company names, domain names are the exclusive property of the Company or that of its partners.

These elements are protected by intellectual property and other laws, including copyright.

Any reproduction or representation, in whole or in part, of the Site or of any of the elements that compose it, without the authorization of the Company, is prohibited and constitutes an infringement punishable by the Intellectual Property Code.

Contents
Any User who publishes Content on the Site retains full ownership of everything he publishes.

By creating a profile or leaving recommendations on profiles, the User expressly authorizes the Company to use, distribute, host, store, reproduce, communicate, publish, modify, adapt, translate and display these Public Contents on the Site, social networks, blogs operated by the latter and/or on any other media (in particular physical and digital media, press kits, commercial media, promotional and/or advertising material), by any means, for the purposes of operating, improving, promoting, marketing, advertising the Services and the Site or for the purposes of setting up partnerships. This authorization is valid worldwide and for the entire duration of the User’s registration.

The User acknowledges that any use of his Content carried out by the Company prior to his unsubscription, deletion or termination of his account cannot be called into question.

Duration, termination and sanctions
This contract is concluded for an indefinite period from the acceptance of the General Conditions by the User.

Any use of the Site and the Services contrary to the General Conditions and/or the laws and regulations in force entitles the Company to suspend, without notice, the User’s account or to refuse the User access to all or part of the Site in the future, without prejudice to any possible damages that the Company would be entitled to claim.

The Company may, moreover, five (5) days after having informed the User via messaging, automatically close the suspended User’s account, without any compensation being due for any reason whatsoever.

These sanctions may be taken in particular in the following cases:

communication of false information by the User (documents, location, experience, etc.);

circumvention of the Site;

subcontracting of Gigs which are entrusted to a Freelancer, to employees or to third parties;  

Similarly, in the event that the User is the subject of repeated disputes or reports from Customers sent to the Company’s Customer Service, the Company will be entitled to delay the visibility of the content hosted within the search engine results, to suspend or close its account.

The closure of the User’s account by the Company automatically results in the termination of these General Conditions.

Customer Service
For any questions or information regarding the Site and the Services, the User may contact the Company by sending an email to the following address: support@giglink.com.au.

Nullity – Waiver
In the event that one of the clauses of this contract is declared null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with these General Conditions.

The failure of the Company to exercise its rights under these terms does not constitute a waiver of its rights.

Mutual Indemnity
Each party agrees to indemnify, defend, and hold harmless the other party (and its directors, officers, employees, contractors, and agents) from and against any and all losses, claims, liabilities, damages, costs, or expenses (including reasonable legal fees) arising out of or relating to:

any breach of these Terms by the indemnifying party;

any negligent, unlawful, or fraudulent act or omission by the indemnifying party in connection with their use of the Platform or the Services;

in the case of a Freelancer, any claim that the services provided infringe the intellectual property rights or other rights of a third party;

in the case of a Client, any claim related to their use or misuse of the Freelancer’s services or deliverables.

This indemnity will not apply to the extent that any such claim or liability is caused or contributed to by the negligence or breach of these Terms by the party seeking indemnity.

Intellectual Property in Deliverables
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Ownership of Work Product:
Unless otherwise agreed in writing between the Client and the Freelancer, all intellectual property rights in any materials, work product, deliverables, or content created by the Freelancer specifically for the Client as part of a Gig (“Deliverables”) shall, upon full payment by the Client, be assigned to the Client.

Freelancer Warranty:
The Freelancer warrants that:

they have the right to assign such intellectual property rights to the Client;

the Deliverables do not infringe the intellectual property rights of any third party; and

any pre-existing materials or tools used to create the Deliverables (but not forming part of the Deliverables themselves) remain the property of the Freelancer or relevant third party.

License of Pre-Existing Materials:
If the Deliverables include any pre-existing intellectual property owned by the Freelancer or a third party, the Freelancer grants (or must ensure the grant of) a non-exclusive, royalty-free, worldwide, perpetual license for the Client to use those elements only as part of the Deliverables.

Client Obligations:
‍The Client agrees to use the Deliverables only in accordance with applicable laws and not to exploit them in a way that breaches any third-party rights or agreed usage terms.

Work Health and Safety (WHS)

Compliance with WHS Laws:
‍All Users, including Clients and Freelancers, must comply with all applicable work health and safety laws, regulations, and standards in the jurisdiction where the Services are provided.

Client Obligations:
‍Where a Freelancer is required to attend the Client’s premises or another physical location under the Client’s control, the Client must ensure, so far as is reasonably practicable, that the environment is safe and without risks to health. This includes providing necessary safety information, instructions, or equipment relevant to the work being undertaken.

Freelancer Obligations:
‍Freelancers must take reasonable care for their own health and safety and that of others, comply with any lawful directions relating to health and safety, and notify the Client or relevant authority of any hazards or incidents occurring during the performance of the Services.

No Employment Relationship:
‍Nothing in this clause or these Terms creates an employment, partnership, or agency relationship. WHS responsibilities outlined here reflect general legal duties under Australian law and apply regardless of the independent contractor relationship.

Insurance and Guarantees

Freelancer Responsibilities:
‍Freelancers are solely responsible for obtaining and maintaining any insurance coverage appropriate to the services they provide, including but not limited to professional indemnity insurance, public liability insurance, or product liability insurance, as applicable to their profession and the nature of the work. GigLink does not verify the existence or adequacy of such insurance and makes no representations in this regard.

Client Responsibilities:
Clients are responsible for ensuring that the services they procure through the Platform meet their legal, regulatory, and business requirements, including any insurances required for on-site or physical work (e.g. contractor cover or site-specific insurance). Clients acknowledge that engaging a Freelancer through the Platform does not transfer any GigLink-held insurance to them.

No Guarantees by GigLink:
GigLink provides the Platform as a marketplace and does not guarantee the quality, legality, suitability, or outcome of any services performed by Freelancers. GigLink does not provide any warranties or guarantees (express or implied) in relation to the work or Deliverables of Freelancers, except as required by law.

Statutory Rights:
Nothing in these Terms excludes, restricts, or modifies any rights or remedies a party may have under the Australian Consumer Law or any other applicable legislation that cannot be lawfully excluded or limited.

Modification of the General Conditions
The Company reserves the right to modify all or part of these General Conditions.

The Company will inform the User of any changes made to these General Conditions as soon as they are posted online on the Site.

In the absence of acceptance of the new General Conditions, the User has 14 days from the date of notification to notify the Company by email.

In the event that the User has not notified his disagreement within the period provided above, he will be deemed to have accepted the modifications.

Applicable law and competent jurisdiction

If you cannot resolve issues through our process, you may seek remedies through the courts or applicable tribunals.

These General Conditions are subject to Australian law. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the cours of Victoria, Australia.
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Freelancer Ownership Trust Scheme

‍Overview
GigLink operates a discretionary Freelancer Ownership Trust (“the Trust”) designed to recognise and reward high-contributing freelancers by granting beneficial interest in a pool of equity set aside for eligible participants.

‍Trust Allocation
Up to 10% of total equity in GigLink may be allocated to the Trust. This equity is held on behalf of qualifying freelancers but does not confer direct shareholding or voting rights. Distributions from the Trust (monetary or otherwise) are made at the sole discretion of the Trustee.

‍Eligibility Criteria
To be considered for participation in the Trust, freelancers must:

Be an active member of the GigLink platform for a minimum of 6 consecutive months;

Maintain a platform rating of 4.5 stars or higher;

Complete a minimum of 2 verified client engagements via GigLink;

Comply fully with all GigLink terms, policies, and platform standards.

‍Point System
Freelancer contributions are assessed through a points-based system that may take into account:

Number and value of completed projects;

Client ratings and satisfaction scores;

Platform engagement (e.g., responsiveness, referrals, mentorship);

Professional development milestones (e.g., certifications added, platform contribution).

Points are reviewed quarterly and may influence the level of benefit or allocation an eligible freelancer receives.

‍Disqualification and Forfeiture
GigLink reserves the right to disqualify freelancers from the Trust in the event of:

Verified breach of Terms of Service or Code of Conduct;

Fraudulent activity, misrepresentation, or abuse of the platform;

Extended inactivity without prior notice (typically 6+ months).

‍Discretionary Nature
Participation in the Trust is not guaranteed and remains subject to the discretion of GigLink and the appointed Trustee. The Trust is not a financial product, and participation does not constitute an employment or shareholder relationship.


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