Terms of Service

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Effective Date: 1 January 2025


‍Introduction
‍Welcome to Gigson, a service operated by Devcenter Limited! Within these Terms of Use (“Terms”) you will find information about the Gigson services and your responsibilities when you use them. Please review these terms with care and don't hesitate to contact us at legal@devcenter.co or support@gigson.co if you have any questions.
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‍About These Terms
‍Gigson offers a platform for Employers and Candidates (Developers) to connect. These Terms are entered into by Devcenter Limited (defined below) and the person or entity agreeing to these Terms ("Employer", "you") by purchasing a Subscription, creating an account, and/or accessing and using the Services (defined below) offered via the Gigson platform.

These Terms govern your access to and use of the Gigson Platform and related Service and are effective from the Effective Date. They will endure for the duration of your active Subscription and any period you use the Services, unless terminated earlier in accordance with the Agreement.Your Subscription details (as potentially outlined in a Proposal or chosen plan) and these Terms form one binding agreement (“Agreement”) between the Employer and Devcenter Limited regarding the use of the Gigson Service.

The Agreement grants Employers access to the Service based on their chosen Subscription plan.These Terms refer to additional terms including our Privacy Policy and potentially a Code of Conduct, which also govern your use of the Service. These other terms also apply to your use of our Services so it's important to read and understand them. You can find these documents on our Website (e.g., www.gigson.co/privacy).

‍Terms of Service

1. Definitions

• “Candidate”: Means a prospective employee, contractor, or freelancer (often a developer) whose profile is available on the Platform, potentially seeking employment or engagement opportunities.
• ‍“Credits”: Means units purchased by the Employer, typically via a Subscription, which are consumed to perform specific actions on the Platform, primarily to Reveal Profiles. Credits may have expiration dates or usage rules specified in the Subscription plan or at the time of purchase.
• ‍“Devcenter Limited”, “us”, “we”, and “our”: Means Devcenter Limited, a company registered in Nigeria, the owner and operator of the Gigson platform and provider of the Services.
• ‍“Effective Date”: Means the date you first purchase a Subscription, create an account with us, or otherwise access or use the Service.
• ‍“Employer”: Means companies or individuals that have signed up to the Platform and purchased a Subscription with the intention to identify and connect with Candidates.
• ‍“Gigson”: Refers to the technology talent platform accessible at www.gigson.co, owned and operated by Devcenter Limited.
• ‍“Platform”: Means Gigson's software as a service offering of a talent marketplace available on our Website, operated by Devcenter Limited, accessible via Subscription.
• ‍“Proposal”: Means a document and/or written offer provided to the Employer by Devcenter Limited (potentially branded as Gigson) which may outline specific Subscription plans, pricing, Credit allowances, and other custom terms.
• ‍“Reveal Profile”: The action taken by an Employer, consuming Credits, to unlock and view a Candidate's full profile details (which may include name, contact information, full CV/resume, etc.) and gain the ability to download their CV or initiate contact via the Platform's messaging system.
• ‍“Service”: Means the Website, Platform, access to Candidate profiles (subject to Subscription and Credits), messaging tools, and any related products or services offered by Devcenter Limited through the Gigson channels.
• ‍“Subscription”: Means the plan selected and paid for by the Employer, granting access to the Platform and Services for a defined period (e.g., monthly, annually) and typically including a specific allocation of Credits. Subscription details, features, and limitations are outlined in the chosen plan.
• ‍“Terms”: Means these Employer Terms of Use.
• ‍“Website”: Means the Gigson website located at www.gigson.co.
  
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‍2. Devcenter Limited's Services (via Gigson)

‍Devcenter Limited, through its Gigson platform, provides Employers with access (typically via paid Subscription) to an online marketplace and database of Candidates. The Service allows Employers to search for Candidates based on various criteria and, using Credits, reveal full Candidate profiles to facilitate connection.

As an Employer, you acknowledge that the Services provided by Devcenter Limited do not include performing background checks on Candidates. Information presented in Candidate profiles is primarily provided by the Candidates themselves. You are solely responsible for performing all necessary due diligence on Candidates including, but not limited to, background checks, reference checks, verification of qualifications, skills assessment, and checks for the accuracy of Candidate-provided information before making any Job Offer or entering into any engagement. Revealing a profile via Credits does not constitute an endorsement or verification of the Candidate by Devcenter Limited.Devcenter Limited may also offer participation in certain programmes via Gigson when available.

Your eligibility and participation will be subject to specific terms and conditions provided for such programmes. Devcenter Limited reserves the right to limit application to and/or participation in any programme at its discretion.

The Employer shall not:

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• Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download (except for explicitly permitted CV downloads after revealing a profile), display, transmit, or distribute all or any portion of the Service (including the Platform software and profile data other than as permitted) in any form or media or by any means;  
• Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service;  
• Access all or any part of the Service in order to build a product or service which competes with the Service, or scrape, data-mine, or harvest profile information in bulk;  
• Use Credits or the Platform for any purpose other than identifying and potentially contacting Candidates for legitimate employment or engagement opportunities within the Employer's own organisation;
• Attempt to obtain, or assist third parties in obtaining, access to the Service, other than as permitted under this Agreement and their specific Subscription. Account sharing is prohibited.
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The Employer agrees that the Service access granted under a Subscription is not transferable to another person or entity (including any affiliates and/or related entities unless explicitly permitted by the Subscription plan) and is solely for the use of the registered Employer. The Service shall only be utilised by the Employer and its authorised employees/representatives for the purpose of hiring or engaging talent for roles within the Employer's own business or projects. The Employer shall not use the Service for the purpose of providing recruitment leads, data, or similar services to any other third party.

‍3. Your Account, Subscription, Credits, and Responsibilities
‍You must register an account and purchase a Subscription to fully utilie the Service. You agree to provide accurate, current, and complete information during registration and maintain the accuracy of this information.  

Account passwords or other user identification log-in details must be treated as confidential and must not be shared. You are responsible for all activities that occur under your account, including the consumption of Credits. If you know or suspect unauthorised use of your account or credentials, you must promptly notify Devcenter Limited.

‍Subscription and Credits: Your access to the Platform and ability to Reveal Profiles is governed by your chosen Subscription plan. Subscriptions are typically billed on a recurring basis (e.g., monthly, annually) in advance. Your Subscription grants you a specific number of Credits for the billing period. Unused Credits may expire at the end of the billing period or as otherwise specified in your plan. Credits are consumed when you choose to Reveal Profile. The number of Credits required per reveal may vary and will be indicated on the Platform. Credits have no cash value, are non-refundable, and non-transferable.

Using the Platform: With an active Subscription and available Credits:
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• You can search the Platform's database for Candidates based on your specified criteria.
• Search results will typically display partial or anonymised Candidate profiles.
• To view a Candidate's full profile details and access features like CV download or direct messaging via the platform, you must click the "Reveal Profile" option, which will consume the specified number of Credits from your account.
• Once a profile is revealed, you may download the available CV (if provided) and initiate contact with the Candidate exclusively through the Platform's messaging system for the first interaction. Subsequent communication methods can be agreed upon between you and the Candidate.

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‍Prohibited Actions: You agree not to attempt to identify or contact Candidates found through search results before using Credits to Reveal Profile. This includes trying to de-anonymise partial profiles through external means or cross-referencing information to bypass the Credit system. Violation of this may lead to suspension or termination of your account and Subscription without refund.

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‍No Obligation to Hire: Using Credits to Reveal Profile or contacting a Candidate does not create any obligation for you to interview or hire the Candidate, nor does it guarantee the Candidate's availability or interest.

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‍Reporting Hires: You are not required by these Terms to report hires made through the platform to Devcenter Limited, as the fee structure is based on Subscription and Credits, not hiring outcomes.

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‍4. Payments

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Subscription Fees: You agree to pay the fees associated with your chosen Subscription plan as specified on the Website or in a Proposal. Fees are typically billed in advance on a recurring basis (e.g., monthly, annually) unless otherwise specified. Payment obligations are non-cancelable, and fees paid are non-refundable, except as may be explicitly stated in your Subscription plan or required by applicable law.

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‍Payment Method: Payments must be made using a valid payment method accepted by Devcenter Limited (e.g., credit card, EFT via invoice). You authorise Devcenter Limited (and its payment processors) to charge your chosen payment method for all applicable Subscription fees. You are responsible for providing complete and accurate billing and contact information and notifying us of any changes.

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‍Taxes: All fees are exclusive of Value Added Tax (VAT) and any other applicable taxes or duties imposed by Nigerian authorities. The Employer is responsible for paying all such taxes associated with their Subscription purchases.

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‍Late Payments: If payment is not made when due, Devcenter Limited may charge interest on the overdue amount at the maximum rate permissible under Nigerian law. Devcenter Limited also reserves the right to suspend or terminate your access to the Platform and Service until all outstanding fees (including accrued interest) are paid in full.

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‍Credit Purchases: If Credits are offered for purchase outside of a standard Subscription, the specific terms, pricing, and expiration (if any) will be provided at the time of purchase.
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‍5. General

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• ‍Subscription Term and Renewal: Your Subscription will commence on the date of purchase and continue for the period specified in your plan (the "Subscription Term"). Subscriptions typically automatically renew for successive periods equal to the initial term unless either party gives notice of non-renewal before the end of the current term, or unless cancelled according to the process below.
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• ‍Cancellation: You may cancel your Subscription renewal through your account settings or by providing written notice before the end of the current Subscription Term. Cancellation will be effective at the end of the then-current paid term; you will retain access to the Service and any remaining Credits until that date. No refunds or credits will be provided for partial subscription periods or unused Credits upon cancellation, unless required by law. Devcenter Limited may terminate your Subscription and this Agreement for cause (e.g., material breach, including non-payment) with written notice, or without cause with 30 days' notice (in which case a pro-rata refund for the unused portion of the pre-paid term might be applicable, at Devcenter's discretion unless legally required).
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• ‍Privacy: Any personal data you share with us, or that we process in connection with the Service, will be handled by Devcenter Limited in accordance with its Privacy Policy (available at www.gigson.co/privacy or www.devcenter.co/privacy - confirm correct link) and applicable Nigerian data protection laws, including the Nigeria Data Protection Act (NDPA). All questions regarding Devcenter Limited's privacy practices related to Gigson or your personal data should be directed to privacy@devcenter.co or the contact specified in the Privacy Policy.
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• ‍Confidentiality: You agree to keep all non-public information gained from using the Gigson Platform confidential. This includes Candidate profile details revealed using Credits (which should only be used for your internal recruitment purposes and not shared externally), information about your interactions via the platform, and any proprietary information belonging to Devcenter Limited or related to the Gigson service. You undertake to implement reasonable measures to protect this confidential information. You agree to keep your login details secret and secure.
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• ‍Licence and Ownership:
  • ‍You own data you explicitly provide (e.g., company profile info) ("Employer Content"). You grant Devcenter Limited a licence to use this Employer Content as necessary to provide the Service. You are responsible for your Employer Content.
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  • Devcenter Limited owns the Service, Platform, Website, aggregated data, usage data, and all underlying technology and intellectual property rights. Candidate profile data is owned by the Candidates or licensed to Devcenter Limited.
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  • Devcenter Limited grants you a limited, non-exclusive, non-transferable, non-sublicensable licence during your active Subscription Term to access and use the Service (via the Gigson Platform) solely for your internal business purposes of identifying and engaging Candidates, subject to the consumption of Credits as required, and in accordance with these Terms.
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  • ‍Indemnification: You agree to indemnify, defend, and hold harmless Devcenter Limited, its directors, officers, employees, agents, affiliates, successors, and assigns (“Indemnified Parties”) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney's fees) arising out of or relating to: (a) Your breach of these Terms or violation of applicable laws; (b) Your use of the Service (including any actions taken using your account); (c) Your interactions with any Candidate contacted through the Platform; (d) Any Employer Content you provide; (e) Your failure to conduct adequate due diligence on Candidates.  
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  • ‍Disclaimer: THE SERVICE IS PROVIDED BY DEVCENTER LIMITED (VIA THE GIGSON PLATFORM) ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEVCENTER LIMITED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEVCENTER LIMITED DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT CANDIDATE INFORMATION IS ACCURATE, COMPLETE, OR UP-TO-DATE. YOUR USE OF THE SERVICE AND RELIANCE ON ANY INFORMATION OBTAINED THROUGH IT IS AT YOUR OWN RISK.  
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  • ‍Applicable Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. You agree that the courts of Lagos State, Nigeria shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or the use of the Gigson Service.
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  • ‍Amendments: Devcenter Limited may amend these Terms from time to time by providing you with reasonable notice (e.g., by email or notification on the Gigson Platform). Your continued use of the Service after the effective date of the amended Terms constitutes your acceptance of the changes. If you do not agree to the changes, you must stop using the Service and cancel your Subscription.