Terms of Use

Version 1.0 | May 2026
Last Updated: 01 May 2026

1. General

1.1 Obligatory Familiarisation

Before using the Gig Engineer website, you are expected to familiarise yourself with the whole of this User Agreement, the website policies, and all further linked information.

Our policies may be changed from time to time. Changes take effect when we post them on the Gig Engineer website. When using particular services on our website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time.

1.2 Contact Information

If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our "Get in touch" form located on the Gig Engineer website or email us at info@gigengineer.io.

1.3 Acceptance of Terms

You are required to read and accept all of the terms in, and linked to, this User Agreement, the Gig Engineer Privacy Policy, and all other website policies as applicable.

By accepting this User Agreement as a prerequisite to accessing the Gig Engineer website, you agree that this User Agreement will apply whenever you use the website or when you use the tools, products, or services we make available to our users to interact with the website.

1.4 Related Documents

The general provisions of this User Agreement, including these Terms of Use, the Privacy Policy, and all other legal documents published on the Gig Engineer website, apply collectively. Where a project-level contract (such as a Gig Work Contract for Engineering Services) is generated through the platform, the project-level contract governs the specific engagement between Buyer and Seller. In the event of a conflict between this User Agreement and a project-level contract, the project-level contract shall prevail with respect to the specific engagement, except where this User Agreement expressly states otherwise.

1.5 Amendments to User Agreement

We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website without explicit notice to you.

1.6 General Information Disclaimer

Information on the Gig Engineer website may contain general information about legal, financial, health, and other matters. The information is not advice and should not be treated as such. You must not rely on the information on the website as an alternative to professional advice. If you have specific questions about any matter, you should consult your professional adviser.

The Gig Engineer website is a dynamic, time-sensitive website. The website is presented "as is." As such, information on the website may change frequently. It is possible that some information could be considered offensive, harmful, inaccurate, misleading, or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party user of the website.

We make no representations or warranties of any kind whatsoever, express or implied, statutory or otherwise, in connection with these terms and conditions or any information or services provided on the website.

Our Services, the Website, and all content on it are provided on an "as is", "with all faults" and "as available" basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:

1. The Website or any Seller Services or Gig Engineer Services.
2. The accuracy, reliability, availability, veracity, timeliness, or content of the Website or any Seller Services or Gig Engineer Services.
3. Whether the Website or Seller Services or Gig Engineer Services will be up-to-date, uninterrupted, secure, error-free, or non-misleading.
4. Whether defects on the Website will be corrected.
5. Whether the Website, the Seller Services or the Gig Engineer Services or any data, content, or material will be backed up or whether business continuity arrangements are in place.
6. Any third-party agreements or any guarantee of business gained by you through the Website, Seller Services or Gig Engineer Services or us.
7. The Website, Seller Services or Gig Engineer Services or infrastructure on which they are based, being error or malicious code-free, secure, confidential, or performing at any particular standard or having any particular function.

To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability, and non-infringement.

1.7 Definitions

This section provides definitions for terms used throughout this User Agreement.

Account: The account associated with your email address on the Gig Engineer website.

Buyer (also referred to as Client or Customer): A User that purchases Services from Sellers or identifies a Seller through the Gig Engineer Website. A User may be both a Buyer and a Seller under this agreement. A Buyer may be an individual or a corporate entity acting through an authorised representative.

Confidential Information: Any non-public information disclosed by one party to another in connection with a Project, including but not limited to business plans, technical data, trade secrets, financial information, customer lists, and project specifications. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is required to be disclosed by law or court order.

Deliverable: Any product, item, service, or project deliverable due by the Seller to the Buyer in order to complete the scope of services for which the Seller has been appointed, agreed to undertake, or been paid for, either partially or fully, as agreed in the contractual provisions between the Buyer and Seller.

Dispute Period: A period of fourteen (14) calendar days from the date of invoice submission, during which the Buyer may dispute all or part of an invoice. If no dispute is raised within the Dispute Period, the invoice shall be deemed approved.

Gig Engineer (also referred to as We, Our, Company, or Us): GIG ENGINEER PROPRIETARY LIMITED, a company incorporated under the laws of the Republic of South Africa.

Gig Engineer Services: All services provided by Gig Engineer to Users through the Website.

Inactive Account: A User Account that has not been logged into for a six-month period, or another period determined by us from time to time.

Intellectual Property Rights: Any and all intellectual property rights existing worldwide, including but not limited to: patents, copyrights, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and any application or right to apply for registration of any of the aforementioned rights, whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law, or in equity.

Payment: A payment made by the Buyer for the provision of Seller Services under a User Contract, which will be released in accordance with the terms and conditions of this User Agreement.

Pre-existing IP: Intellectual property developed by the Seller prior to or independently of a Project.

Project (also referred to as Gig, Listing, or Posting): A job offered or awarded by a Buyer via the Gig Engineer Website, including a Project listed, awarded, or a service bought or awarded by a Buyer from or to a Seller.

Project IP: All intellectual property rights created by the Seller during and in the course of a Project.

Seller (also referred to as Independent Professional or Engineer): A User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.

Seller Services: All services provided by a Seller or Independent Professional.

Service Fee: The fee charged by Gig Engineer for the use of the platform, equal to ten percent (10%) of any payments made to a Seller for services rendered. Also referred to in this agreement as the brokerage fee or commission.

User (also referred to as You, Your, or Yourself): An individual or entity who visits or uses the Website.

User Contract (also referred to as User Agreement): Comprises (a) this User Agreement; (b) any project-level contract generated through the platform; (c) any other contractual provisions accepted by both Seller and Buyer uploaded to the Website, to the extent not inconsistent with this User Agreement; (d) the Project terms as awarded and accepted on the Website; and (e) any other material incorporated by reference from time to time.

Verified User: A User who has been satisfactorily verified through Gig Engineer's internal verification processes.

Website (also referred to as Platform): The website operated and maintained by Gig Engineer, available at www.gigengineer.io.

1.8 Use of Company or Business Name, Logo, and Media

We may display your company or business name, logo, images, or other media as part of the Gig Engineer Services and/or other marketing materials relating to the website, except where you have explicitly requested that we do not do this, and we have agreed to such a request in writing.

1.9 Use of Project Descriptions and Profile Information

You acknowledge that we may use the public description of your projects and the content of your profile information on the Gig Engineer website for marketing and other related purposes, except where you have explicitly requested that we do not do this.

1.10 Third-Party Content

We provide unmonitored access to third-party content, including User feedback and articles with original content and opinions (or links to such third-party content). We only act as a portal and have no liability based on, or related to, third-party content on the website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

1.11 Third-Party Websites

The website may contain links to other third-party websites. We do not control the websites to which we link from the Gig Engineer platform. We do not endorse the content, products, services, practices, policies, or performance of the websites we link to. Use of third-party content, links to third-party content, and/or websites is at your risk. You should carefully review the terms and conditions and privacy policies of all third-party websites that you visit.

1.12 Deletion or Hiding of Content

Using the Gig Engineer website to delete, hide, or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period to fulfil record-keeping, regulatory, compliance, statistical, law enforcement, and other obligations.

1.13 Accuracy of Information

Any information provided on the Gig Engineer website is for general information purposes only. We try to ensure that all information provided on the website is as accurate as possible and that information is correct (to the best of our knowledge) at the time of posting and is reviewed regularly. However, to the fullest extent permitted by law, we do not guarantee that any information available on the website is accurate, complete, reliable, current, or error-free.

1.14 Feedback, Reputation, and Reviews

You acknowledge that you transfer copyright of any feedback, reputation, or reviews you leave consisting of comments and any rating(s) (e.g., quality, communication, etc.) together with any composite or aggregate rating by us. You acknowledge that such feedback, reputation, and reviews belong solely to us, notwithstanding that we permit you to use it on our website while you remain a User. You must not use, or deal with, such feedback, reputation, and reviews in any way inconsistent with our policies as posted on the website from time to time without our prior written permission.

You may not do (or omit to do) anything that may undermine the integrity of the Gig Engineer feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.

Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback in any real or virtual venue other than a website operated by Gig Engineer or its related entities, without our written permission.

1.15 Privacy Policy and Data Protection

We use your information as described in Gig Engineer's Privacy Policy. If you object to your information being transferred or used in accordance with our Privacy Policy, then you may not make use of our services. For the avoidance of doubt, your name and personal details shall be used for identity purposes in the normal course of conducting business on the Gig Engineer platform.

Gig Engineer is committed to compliance with the Protection of Personal Information Act, 2013 (POPIA) of the Republic of South Africa. Users have the right to request access to, correction of, or deletion of their personal information held by Gig Engineer, in accordance with POPIA. Where personal information is transferred outside of South Africa, Gig Engineer will ensure that adequate safeguards are in place as required by Section 72 of POPIA. Users may direct data protection enquiries to Gig Engineer's Information Officer at info@gigengineer.io.

You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of South Africa in accordance with applicable data protection laws. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Gig Engineer website and Gig Engineer Services and may close your Account.

By creating a profile and providing personal and professional information on the Gig Engineer website (including but not limited to your name, skills, qualifications, experience, location, and portfolio), you consent to such information being made visible to: (a) other Users of the platform, including Buyers browsing the Discover Page and viewing proposals; and (b) the general public, including via the Gig Engineer marketing website, search engines, and other publicly accessible channels, for the purpose of facilitating engineering engagements and promoting the platform. This public visibility is integral to the functioning of the platform as a marketplace and supports the discovery of engineering talent by prospective clients. Where available, you may control the visibility of certain profile fields through your Account settings. You may withdraw your consent to public visibility at any time by contacting us, however you acknowledge that doing so may limit the functionality of your Account and your ability to be discovered by prospective clients. All processing and display of your personal information remains subject to applicable data protection laws, including POPIA, and you may exercise your rights under such laws as described above.

1.16 Indemnity

You agree to indemnify us (and our officers, directors, agents, subsidiaries, joint venturers, and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this User Agreement, or your infringement of any law or the rights of a third party in the course of using the Gig Engineer website and Gig Engineer Services.

In addition, we can apply any funds in your Account against any liabilities you owe to us, or loss suffered by us because of your non-performance or breach of this User Agreement.

1.17 Security and Unauthorised Access

You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Gig Engineer website, your Account, or the Gig Engineer Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities).

Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access to your account resulting from your failure to secure your password.

1.18 Limitation of Liability

Notwithstanding any other provision of these terms and conditions, under no circumstances shall we be liable to you for any indirect, incidental, special, or consequential damages, including, without limitation, loss of profits and loss of software or data, resulting from or arising out of the matter set out herein, whether a claim for such damage is based upon warranty, contract, tort, negligence, or otherwise.

In no event shall we, our related entities, our affiliates, or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

1. Any indirect, special, incidental, or consequential damages that may be incurred by you.
2. Any loss of income, business, or profits (whether direct or indirect) that may be incurred by you.
3. Any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.

Liability cap: The total aggregate liability to you for all claims arising out of or in connection with this User Agreement or your use of the Website shall not exceed the total Service Fees actually paid by or to you through the Website in the twelve (12) months immediately preceding the event giving rise to the claim. The liability cap between the Buyer and Seller in respect of a specific Project shall be as set out in the applicable project-level contract, unless agreed otherwise in writing between the Buyer and Seller, subject to the Dispute Resolution being followed.

The limitations on our liability to you above shall apply whether we, our related entities, our affiliates, or staff have been advised of the possibility of such losses or damage arising.

We shall not be liable for any default arising due to any act of God, war, terrorist action, strike, lockout, industrial action, fire, flood, drought, tempest, or any other event beyond our reasonable control.

Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits.

To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion): the supply of Gig Engineer Services again, or the payment of the cost of having Gig Engineer Services supplied again.

1.19 Legal Notices

Legal notices will be served to the email address you provide to Gig Engineer during the registration process. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered.

Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such a case, notice will be deemed given three days after the date of mailing.

Any formal notices to Gig Engineer must be given by email and registered ordinary post to our registered business address.

1.20 Governing Law

These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and you hereby submit to the exclusive jurisdiction of the courts of the Republic of South Africa.

You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Gig Engineer website, and supersede all previous agreements. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website.

We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

Nothing contained in these Terms and Conditions shall be construed as creating any agency or partnership between us.

Our failure to enforce at any time or for any period any one or more of these Terms and Conditions shall not be deemed to be a waiver of them or of the right at any time subsequently to enforce any of these Terms and Conditions. Nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

If any term or provision in these Terms and Conditions shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of these Terms and Conditions, and the enforceability of the remainder of these Terms and Conditions shall not be affected.

1.21 Severability and Assignment

The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed, and the remaining provisions will be enforced.

This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer, you will remain bound by this User Agreement.

1.22 No Waiver of Rights

Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.

1.23 Electronic Communications

You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so, we may choose to suspend or deactivate your Account.

2. Platform Functionality

2.1 Main Functionality

The Gig Engineer website is an online platform which enables the connection between Clients and Independent Professionals. Clients and Independent Professionals together are hereinafter referred to as "Users."

GIG ENGINEER DOES NOT (NOR DOES IT INTEND TO) PROVIDE OR ACT IN ANY WAY AS AN EMPLOYMENT AGENCY.

The Gig Engineer website is a platform for Users to connect and deliver work, but we are not responsible for the performance of Users, nor do we have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services rendered for Clients by Independent Professionals, nor of the integrity, responsibility, or any of the actions or omissions whatsoever of any Users.

We make no representations about the suitability, reliability, timeliness, or accuracy of the services requested and provided by Users identified through the website whether in public, private, or offline interactions.

2.2 User Account Registration

Users are required to register for an Account to buy or sell Services. The Website enables Users to work together online to complete and pay for Projects and to use the products and services we provide to facilitate this.

We are not party to any contractual agreements between Buyer and Seller in the online venue; we merely facilitate connections between the parties.

2.3 User Identity and Information

We cannot and do not confirm each User's purported identity on the Gig Engineer website. We may provide information about a User, such as strength or rating, geographical location, or third-party background check or verification of identity or credentials. However, such information is based solely on data that a User submits, and we provide such information solely for the convenience of Users. The provision of such information is not an introduction, endorsement, or recommendation by us.

2.4 Modifications to the Website

We may, from time to time, and without notice, change or add to the Gig Engineer website or the information, products, or services described herein. Although we try our best to keep the website up to date as far as practically possible, we are not liable to you or anyone else if any error occurs in the information provided on the website or if that information is not current.

2.5 Eligibility Criteria

You will not use the Gig Engineer website if you:

1. Cannot form legally binding contracts.
2. Are under the age of 18 years old.
3. Are a person barred from receiving and rendering services under the laws of South Africa or other applicable jurisdictions.
4. Are suspended from using the website.
5. Have a criminal record.
6. Do not hold a valid email address.

2.6 Account Responsibility

All user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.

Users may provide a business name or a company name, which is associated with the User's Account. Where a User registers an Account on behalf of or in association with a business or company, the User represents and warrants that they have full authority to bind that business or company to this User Agreement, to act on its behalf, and to make decisions in connection with the Account. In such cases, this User Agreement is a contract with both the individual User and the business or company they represent, and both shall be jointly and severally liable for all obligations, actions, and omissions undertaken in respect of the Account. The business or company shall be bound by all terms of this User Agreement as if it were a direct party to it.

A company, corporation, trust, partnership, or other non-individual corporate entity may be a User subject to being represented by an individual corporate account, which is responsible for any applicable subscriptions defined by the website.

2.7 Corporate Entity Engagements

Where a User is a corporate entity, that entity may engage on the platform on behalf of its employees, subcontractors, or affiliated personnel. In such cases, the corporate entity bears all obligations under this User Agreement for the actions and omissions of any individual acting under its account or on its behalf.

2.8 Registration Discretion

We may, at our absolute discretion, refuse to register any person or entity as a user.

2.9 Non-Transferability

You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

2.10 User Obligations

In using the Website, the User shall:

1. Not do anything that may damage or negatively affect the reputation or operation of Gig Engineer or the Website.
2. Comply with all applicable legislation and shall not at any time act in contravention of any South African law.
3. Under no circumstances, at any time, engage Clients other than through the website. Failure to comply with this provision may result in the User's profile being suspended or removed from the Gig Engineer website.
4. Agree to the terms of the services to be rendered (including but not limited to the scope of services, working hours, special conditions, and fees) and enter into an appropriate agreement with such parties (Clients) for such services. For the avoidance of doubt, we shall not be a party to such agreement and shall not in any way accept any obligations or liability under such agreement.
5. Be liable for all losses, damages, and costs suffered or incurred by us in the event the User fails to comply with their obligations under this User Agreement, without prejudice to our rights and remedies at law.
6. Use the Gig Engineer website at their own risk. We shall not be liable to any Independent Professional using the Gig Engineer website for any non-payment by a Client or any additional costs or fees which may be incurred by the Independent Professional in the course of rendering services to the Client.

2.11 User Content and Responsibilities

If you use the Gig Engineer website, you are responsible for ensuring the information provided in the registration form is true, accurate, and complete. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.

2.12 Content Licence

When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

2.13 Content Management

You acknowledge and agree that: (a) we act only as a forum for the online distribution and publication of User content and make no warranty that User content is made available on the Website; (b) we have no responsibility or liability for the deletion or failure to store any content; and (c) all content submitted to the Website is subject to our approval, and we may reject, approve, or modify your user content at our sole discretion.

2.14 Communication Conduct

Communication with other users on the Gig Engineer website must be conducted through the communication tools and channels provided on the Website.

You must not post your email address or any other contact information (including but not limited to social media or other identifying strings on other platforms) on the website, except in the "email" field of the signup form, at our request, or as otherwise permitted by us on the website.

Unless you have a prior relationship with a User, you must record all formal communication with Users via the Gig Engineer website chat functionality. You must not, and must not attempt to, communicate with other Users through other means unless it is required for the purposes of completing a project that you (as an Independent Professional) have been appointed for.

Any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

We may read all correspondence posted to the Gig Engineer website and download or access, and test (if necessary), all uploaded files, programs, and websites related to your use of the website for the purpose of investigating fraud, regulatory compliance, risk management, dispute management, and other related purposes.

2.15 User Representations and Warranties

You represent and warrant that your content:

1. Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person.
2. Will not violate any law or regulation.
3. Will not be defamatory or trade libellous.
4. Will not be obscene or contain child pornography.
5. Will not contain the development, design, manufacture, or production of missiles, or nuclear, chemical, or biological weapons.
6. Will not contain material linked to terrorist activities.
7. Will not include incomplete, false, or inaccurate information about the User or any other individual.
8. Will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

2.16 Prohibited Actions

While using the Gig Engineer website, you will not attempt to or otherwise do any of the following:

1. Post content or items in inappropriate categories or areas on our websites and services.
2. Infringe any laws, third-party rights, or our policies.
3. Fail to deliver payment for services delivered to you.
4. Fail to deliver Seller Services purchased from you.
5. Circumvent or manipulate our fee structure, the billing process, or fees owed to Gig Engineer.
6. Post false, inaccurate, misleading, deceptive, defamatory, or offensive content (including personal information).
7. Take any action that may undermine the feedback or reputation system.
8. Transfer your Gig Engineer account (including feedback) and Username to another individual.
9. Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
10. Distribute viruses or any other technologies that may harm Gig Engineer, the Website, or the interests or property of Gig Engineer users.
11. Download and aggregate listings from our website for display with listings from other websites without our express written permission; "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation.
12. Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website.
13. Copy, modify, or distribute rights or content from the Website or Gig Engineer's copyrights and trademarks.
14. Harvest or otherwise collect information about Users, including email addresses, without their consent.

You further agree that you will not:

1. Use any robot, spider, scraper, or other automated means to access the Website without our express written permission.
2. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
3. Interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system, or network connected to or used in relation to the Website.
4. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content without the prior express written permission of Gig Engineer.
5. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the website.

2.17 Non-Circumvention Agreement

You agree not to attempt to circumvent, avoid, or bypass the Gig Engineer platform, directly or indirectly, for the purpose of avoiding payment of Gig Engineer Service Fees or commissions, or otherwise, individually, by way of any corporation, trust, partnership, or other entity, or in conjunction with transactions of business involving you and any Client.

Without the previous written consent from Gig Engineer, you will not enter, either directly or indirectly, into any discussions, solicit or accept offers, enter into any agreements, conduct negotiations with, or otherwise engage in any other independent communications with any third party to whom you were introduced through the Gig Engineer platform.

You further agree not to, other than through the Gig Engineer platform or without the prior written consent of Gig Engineer, engage, contract, be employed, or otherwise solicit or be solicited for employment, whether directly or indirectly, with a Client. This restriction applies for 12 months from the completion of the last Project with that same Client.

Conversion Fee: You may opt out of the non-circumvention obligations in this section with respect to a specific Client by paying Gig Engineer a Conversion Fee equal to fifteen percent (15%) of the total fees billed through the platform for that Client relationship in the preceding twelve (12) months, subject to a minimum of R25,000 or equivalent in USD. The Conversion Fee is payable by either the Buyer or the Seller. Upon receipt of the Conversion Fee, Gig Engineer will release both parties from the non-circumvention restriction with respect to that specific relationship.

Any material breach of this non-circumvention provision will entitle Gig Engineer to claim all Service Fees that would have been payable had the engagement been conducted through the platform, together with any legal fees incurred in the course of enforcing this provision.

2.18 Account Deactivation

You may deactivate your Account at any time by sending an email to info@gigengineer.io.

Account deactivation is subject to:

1. Not having any outstanding job postings or job applications on the website.
2. Resolving any outstanding matters (such as a suspension or restriction on your Account).
3. Paying any outstanding fees or amounts owing on the Account.
4. A notice period of 45 days after completion of the last project.

We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Deactivating your account does not necessarily delete or remove all the information we hold.

2.19 Account Suspension and Termination

We may close, suspend, or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend, or limit your access to your Account if:

1. We determine that you have breached or are acting in breach of this User Agreement.
2. You underbid on any Project in an attempt to renegotiate the actual price privately.
3. We determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights.
4. We determine that you have engaged, or are engaging, in fraudulent or illegal activities.
5. You do not respond to account verification requests.
6. You do not complete account verification when requested within 3 months of the date of request.
7. You are the subject of any sanctions regime, or our banking and payment relationships otherwise preclude us from conducting business with you.
8. To manage any risk of loss to us, a User, or any other person.
9. For other reasons.

If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement. Without limiting our other remedies, you must pay us all fees owed to us and reimburse us for all losses and costs (including employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.

If we close your Account for a reason other than your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.

If we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination.

2.20 Advertising and Promotions

Unless otherwise agreed with us, you must not advertise an external website, product, or service on the Gig Engineer website. Any website address posted on the website must relate to a Project, item listed, user, or service being performed on the website.

We may display advertisements or promotions on the Gig Engineer website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you because of the presence of such advertisements or promotions. You acknowledge and agree that the content of any advertisements or promotions may be protected by intellectual property rights and laws. Unless expressly authorised, you agree not to modify, sell, distribute, appropriate, or create derivative works based on such advertisements or promotions.

2.21 Identity Verification

You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (a) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (b) take steps to confirm ownership of your email address or financial instruments; (c) verify your information against third-party databases or through other sources.

You must also, at our request, provide copies of identification documents (such as your identity document, passport, or driver's licence). We may also ask you to provide photographic identification as an additional identity verification step. We also reserve the right to request a video interview with you to validate this information, your identity, your background, and your skills.

We reserve the right to close, suspend, or limit access to your Account, the Gig Engineer website, and/or Gig Engineer Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.

We reserve the right to update your particulars on the website to match any identity documentation that has been provided. Disbursements such as electronic transfers from the website may only be made to the beneficiary matching your provided identity documents and account information.

If you are not Verified, you may not be able to receive payment of funds due to you from your Gig Engineer Account, and other restrictions may apply.

3. User Contracts and Obligations

3.1 User Contract

Upon the Seller applying for a Gig posted by the Buyer (Client) and the Buyer hiring the Seller (Independent Professional) for the posted Gig, the Buyer and Seller will be deemed to have entered a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with this User Agreement.

3.2 Compliance with Obligations

You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances, and regulations relevant to you as a Buyer or Seller, or in any other uses you make of the Gig Engineer website.

If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.

3.3 Statutory Warranties

Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts. To the extent that any component of this User Agreement conflicts with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to comply with such local laws and no further.

3.4 Relationship Between Users

Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency, or employment relationship between Users.

Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership, or an employer-employee relationship between Gig Engineer and any User.

3.5 Intellectual Property in Project Deliverables

Unless otherwise agreed in a project-level contract between the Buyer and Seller, the following default provisions apply to intellectual property in Project deliverables:

1. All Project IP (intellectual property rights created by the Seller during and in the course of a Project) shall, upon full payment for the relevant milestone or Project, be assigned to and become the sole property of the Buyer.
2. The Seller retains all ownership of Pre-existing IP (intellectual property developed by the Seller prior to or independently of the Project). Where Pre-existing IP is incorporated into deliverables, the Seller grants the Buyer a non-exclusive, perpetual, royalty-free, worldwide licence to use such Pre-existing IP as part of the deliverables.
3. The Seller warrants that the deliverables do not infringe any third-party intellectual property rights and agrees to indemnify the Buyer against any claims arising from such infringement.
4. Where a project-level contract (such as a Gig Work Contract for Engineering Services) is generated through the platform and contains IP provisions, those project-level IP provisions shall govern the specific engagement and take precedence over this section.

3.6 Confidentiality

Unless otherwise agreed in a project-level contract between the Buyer and Seller, the following default confidentiality provisions apply:

1. Each party shall keep confidential all Confidential Information received from the other party and shall not disclose such information to any third party without the prior written consent of the disclosing party.
2. Each party shall use Confidential Information solely for the purpose of performing its obligations under the User Contract.
3. The obligations of confidentiality in this section shall survive the termination or expiry of any User Contract for a period of two (2) years.
4. Both parties agree to comply with all applicable data protection and privacy laws, including the Protection of Personal Information Act, 2013 (POPIA) of South Africa, and any other applicable regulations in the relevant jurisdictions.
5. Where a project-level contract generated through the platform contains confidentiality provisions, those project-level confidentiality provisions shall govern the specific engagement and take precedence over this section.

3.7 Acknowledgements by Users

Each User acknowledges:

1. Gig Engineer does not review, approve, recommend, or verify any of the credentials, licences, or statements of capability in relation to posted and awarded Gigs.
2. Gig Engineer provides matchmaking and platform services only. Users agree that Gig Engineer has no liability for any other aspect of service delivery or interaction between Buyer and Seller. Gig Engineer is not a party to any disputes between Buyer and Seller, although we may provide (or recommend) a dispute resolution mechanism to assist the parties in resolving such disputes.
3. Gig Engineer may from time to time include map features and may display the location of Users to people browsing the website. Every Buyer seeking services for location-based projects will be asked to provide the location where the project is to be performed. You expressly agree that Gig Engineer has no liability for displaying such information.
4. A User must never disclose, in any Project posted, personal details such as the User's name, street number, phone number, or email address in any Project description or in any other public communication on the website (these may be disclosed for projects as required in private direct messages).
5. Upon completion of a Project, the User (Independent Professional) must agree with the Client that the Project is completed, and the Project status may be changed to closed by the Client by logging on to the Gig Engineer website, as soon as practically possible, once agreement is reached.
6. Failure to complete the service or task will constitute a breach of this User Agreement.
7. Our fees are applied to the amount of the awarded Seller's outstanding amount, either invoiced or to be invoiced, to perform the services required for the awarded Gig. Any additional items or services purchased by the Seller as part of performing the service are between the Buyer and Seller.
8. Gig Engineer may collect location-related data from you via technologies including but not limited to GPS, IP address location, Wi-Fi, and other methods. This data may be shared in the context of facilitating services for Projects, and each User specifically consents to this collection and sharing as part of this agreement.

4. Fees and Payments

4.1 Funds and Payment Processing

Funds paid by or due to you in connection with Projects on the Gig Engineer platform are processed through a third-party payment processor appointed by Gig Engineer. The Buyer is required to make payment through the platform, where funds are held or processed until one or more release conditions provided in this User Agreement or as otherwise required by applicable law are met. Upon meeting these conditions, applicable portions of the funds will be released to the Seller in accordance with the Seller's and Buyer's instructions, these terms, and the other Terms of Service. The actual settlement of funds to the Seller's bank account is handled by the third-party payment processor in accordance with its own settlement schedule.

Funds processed through the platform may, depending on the payment infrastructure, be commingled with our general operating funds and/or funds of other Users before settlement to the intended recipient.

You are not entitled to any interest, or other earnings for funds due to you that are held by us.

If your Account reflects a negative balance (owed to us for whatever reason), we may:

1. Set off the negative amount with funds that you subsequently receive into your Account.
2. Reverse payments made to you.
3. Deduct amounts you owe us from money you subsequently add or receive into your Account.
4. Immediately suspend or limit your Account until such time as your Account no longer has a negative amount.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

1. We are not a bank or other licensed financial institution and do not provide banking services or any financial services to you.
2. The funds shown in your Account represent our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through the Website.
3. To the extent that we are required to release funds due to you, you will become our unsecured creditor until such funds are paid to you.
4. We are not acting as a trustee or fiduciary with respect to such funds or payments.
5. The amount of funds showing in your Account is not insured and is not a guaranteed deposit.
6. All payments in respect of Seller Services must be made and received exclusively through the mechanisms available on the Gig Engineer website and its appointed payment processor. You must not attempt to make or receive payments for platform-facilitated services through any other channel.
7. Any refunds required to be processed in your favour will be returned only to the source of the original deposit and cannot be redirected to any other payment source.
8. We may commingle your funds with funds of other Users and our own funds. However, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.

4.2 Fee Recommendations

We make no recommendations regarding project fees or hourly rates charged by Independent Professionals. The Independent Professional shall charge the Client the hourly rate as quoted by them on the Website from time to time, or any hourly rate or project fee as agreed between the Independent Professional and the Client.

4.3 Payment Processing and Compliance

You are required to comply with all applicable financial regulations and anti-money laundering (AML) laws in your jurisdiction before we make any payments to you, irrespective of whether a delay has been enforced.

Gig Engineer reserves the right to conduct enhanced due diligence on any User or transaction, to report suspicious transactions to the Financial Intelligence Centre (FIC) of South Africa as required under the Financial Intelligence Centre Act, 2001 (FICA), and to refuse or reverse any transaction suspected of being linked to money laundering, terrorist financing, or any sanctioned activity.

4.4 Claiming Payment

Subject to the User Contract, the Buyer can make a payment, which cannot be claimed by the Seller until:

1. The Buyer and Seller agree that the funds can be claimed by the Seller for services rendered in relation to a Project.
2. The Seller issues an invoice for the Services rendered through the Gig Engineer platform.
3. The Buyer instructs us to pay a Seller for services performed when a payment has been made for services rendered.
4. The Buyer acknowledges that the Seller has completed the services fully and satisfactorily, or the Buyer's failure to dispute an invoice within the Dispute Period (14 calendar days from invoice submission) constitutes deemed approval.
5. The Buyer and Seller have submitted joint written instructions for a release.
6. Issuance of a final order of a court or arbitrator of competent jurisdiction from which appeal is not taken.

4.5 Payment Protection

1. Both Buyer and Seller must have agreed to keep good work progress records upon acceptance of the Contract.
2. Buyer must have an Account in good standing and a valid, verified Payment Method at the start of the Contract, and must agree to automatically pay for work billed by Seller.
3. Seller must document their work progress or use another agreed-upon method to demonstrate the completion of each milestone.
4. Milestones must be approved by the Buyer in a timely manner upon satisfactory completion by the Seller.
5. Gig Engineer reviews any disputes raised by the Buyer or Seller regarding milestone payments. The review will determine if the documented work relates to the agreed-upon milestone requirements and if the Seller met any applicable delivery deadlines or provided necessary advance notice of any delays.
6. If the Buyer or Seller initiates a dispute, Gig Engineer will work with both parties to resolve the dispute in accordance with the terms of the Contract and the provided documentation.

4.6 Chargebacks and Reversals

A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties on funds paid to you by Buyers through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

You agree that we may reverse any such payments made to you which are subject to chargeback or reversal instruction.

If you initiate any chargeback request or other "Request for Information" or similar process, you expressly agree and consent to us sharing all information in relation to your agreement with these terms and conditions, to defeat any such chargeback request.

4.7 Service Fees and Payment Processing Charges

Gig Engineer withholds an amount equal to ten percent (10%) of any payments made to the Seller for services rendered to the Buyer, to be known as the Service Fee. This is the fee charged by Gig Engineer for the use of our platform.

The Seller mandates that we have the authority to accept payments for services rendered to Clients on the Seller's behalf, which will be held or processed through the platform until such time as the release conditions in Section 4.4 are met and the payment is approved by the Buyer for work done.

The Seller agrees that we shall only release the payments for services rendered, less the 10% Service Fee, to the Seller once payment has been received from the Client for services rendered in accordance with the agreement between the Seller and the Client.

Third-party payment processing charges: Where payments are processed through a third-party payment gateway (including but not limited to Paystack or any successor payment processor), any transaction fees, processing charges, or similar costs levied by the payment gateway provider shall be deducted from the Seller's payment after the deduction of the Gig Engineer Service Fee. The Service Fee and payment gateway charges are independent of each other. For the avoidance of doubt: the Seller receives the gross payment amount, less the 10% Service Fee, less any applicable third-party payment processing charges.

4.8 Additional Service Fees

Gig Engineer may charge fees for certain additional services, such as a subscription fee for dedicated account management support to Clients.

When you use a service that has a subscription or once-off fee, you have an opportunity to review and accept the fees that you will be charged based on the schedule of fees and charges for such services which shall be published on our website, which we may change from time to time.

In addition, Gig Engineer may choose to temporarily change the fees for our services for promotional events or new services.

4.9 Payment Outside the Platform

Every registered User (Client) is responsible to notify us immediately if an Independent Professional suggests making payments outside of the Gig Engineer platform.

If any User (Client) offers traditional employment to an Independent Professional, you agree to pay Gig Engineer a fee of fifteen percent (15%) of the annualised Base Salary payable to said Independent Professional (the "Employment Fee"). Base Salary means the annualised base salary and does not include any percentage of signing, discretionary or other possible bonuses, moving expenses, tuition reimbursement, or any other compensation or type of allowance.

4.10 Currency of Fees

The Gig Engineer website will display rates in currencies of the Users' choice among those available in the platform, unless otherwise stated.

Where rates are based on a conversion from the originating currency, indicative market exchange rates shall be used. You understand and agree that these rates are only indicative, and the amount specified in the original currency is the actual amount.

We reserve the right to reject any request for a conversion of currency at any time. We are not a financial services provider. All information included on the Website in respect of currency conversion is general information only. Where the use of currency conversion applies, it is done so at your own risk. Currency conversions are final and irreversible.

4.11 Tax Responsibilities

It is your responsibility as an Independent Professional or Client to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority.

We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction on your behalf.

If the Independent Professional is a company, then the Independent Professional shall, where applicable, be liable for payment to the applicable revenue authorities of all taxes relating to the services rendered, including any income tax, VAT, or any other taxes as might be relevant.

The Independent Professional indemnifies us for any claim and/or damages we may suffer as a result of the Independent Professional's failure to comply with its tax obligations.

4.12 Payment Administration Agents

You acknowledge and agree that we may, in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.

Such a third party will have the same rights, powers, and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers, and privileges as our agent or in their own name.

In no event shall we be liable to any User for any loss, damage, or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by Gig Engineer.

4.13 Fraudulent Transactions

We reserve the right to withhold payment to a User if the source of the funds is suspected to be fraudulent. If we become aware that the source of any funds received or paid by us is because of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds back to Gig Engineer. If you do not do so, we may suspend, limit, or cancel your account, or act against you to recover those funds.

4.14 Limitation of Funds

We may, in our sole discretion, place a limit on any or all the funds due to you (thereby preventing any use of the funds) if:

1. We believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions.
2. We believe that the beneficiary of the payment is someone other than you.
3. We believe that the payment is being made to a country where we do not offer our Service.
4. We are required to do so by law or applicable law enforcement agencies.

4.15 Refunds

If a refund is due to you for any reason, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.

We may refund funds to Users irrespective of whether a User has requested funds be refunded if:

1. We are required by law or consider that we are required by law to do so.
2. We determine that refunding funds to the User will avoid any dispute or an increase in our costs.
3. We refund funds to the User in accordance with any refund policy specified by us from time to time.
4. We find out that the original payment made by the User is fraudulent.
5. The User made a duplicate payment in error.
6. We consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

If we reasonably determine that you have made an excessive or unreasonable number of requests to refund funds or chargebacks, we may suspend, limit, or close your Account.

5. Dispute Resolution

5.1 User Dispute Resolution

You acknowledge and agree that if a dispute arises between you and another User in relation to any Project, you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.

If you continue to have any difficulties or problems in relation to a dispute with another User, we encourage you to contact us via the Contact Us form on our website.

You agree that any dispute that is not related to a Payment arising between you and another User will be handled in accordance with this clause. Gig Engineer will have full rights and powers to decide for all such disputes.

Dispute Resolution Timelines

The following timelines apply to disputes between Users:

1. The disputing party must submit a formal dispute through the Gig Engineer website within the Dispute Period (14 calendar days from the date of invoice submission or milestone submission for approval, whichever is later).
2. The responding party has seven (7) business days from receipt of notification to respond to the dispute with supporting documentation.
3. Following the response, both parties have fourteen (14) calendar days to negotiate a resolution directly, with Gig Engineer facilitating communication through the platform.
4. If the parties cannot reach a resolution within the negotiation period, either party may request Gig Engineer to make a determination. Gig Engineer will issue its determination within fourteen (14) calendar days of such request.
5. If either party is dissatisfied with Gig Engineer's determination, the matter may be escalated to external arbitration or the courts of competent jurisdiction as provided in Section 5.2.
6. Failure by either party to respond within the prescribed timelines may result in the dispute being determined in favour of the other party.

Upon receipt of a dispute, Gig Engineer shall have the right to request the Seller and the Buyer to provide documentation in support of their claim or position. You agree that Gig Engineer has absolute discretion to accept or reject any document provided.

You acknowledge that Gig Engineer is not a judicial or alternative dispute resolution institution and that we will make determinations only as an ordinary reasonable person.

We do not warrant that the documents provided by the parties to the dispute will be true, complete, or correct, and you agree to indemnify and (to the maximum extent permitted by law) hold Gig Engineer and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.

In relation to disputes with any other users of the Website, you hereby agree to indemnify Gig Engineer from all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.

It is agreed by you that you will make every endeavour at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation, or inducement of users to leave positive feedback will be tolerated.

A User found to be in breach of the Dispute Resolution process may automatically lose the dispute in favour of the other party involved, regardless of the origin of the dispute. The User who breached the code of conduct outlined in this User Agreement may also incur further disciplinary action.

5.2 Disputes with Gig Engineer

If a dispute arises between you (the User) and Gig Engineer, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us via email at info@gigengineer.io to seek a resolution.

For any claim, Gig Engineer and the User may mutually agree to resolve the dispute in a cost-effective manner through binding, non-appearance-based arbitration. Arbitration will only proceed if both parties expressly consent. If both parties agree to arbitration:

1. The arbitration will be initiated through an established alternative dispute resolution (ADR) provider.
2. The User shall select the ADR provider from a panel of qualified alternative dispute resolution (ADR) providers made available by Gig Engineer.
3. The ADR provider and both parties must comply with the following rules:
   1. The arbitration shall be conducted by telephone, online, and/or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration.
   2. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
   3. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

All claims you bring against Gig Engineer must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, Gig Engineer may recover its legal fees and costs (including in-house lawyers and paralegals), if Gig Engineer has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.

If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Gig Engineer will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.

Gig Engineer's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.