Terms of Service

TERMS OF SERVICE

Thank you for using 9gigo.com (“9gigo”). These Terms of Service (the “Agreement”) constitute a legally binding agreement between you and 9gigo and/or any of its subsidiaries or affiliates (collectively, the “Company,” “9gigo,” “we,” “us,” or “our”). These Terms govern your use of any website, services, information, or content made available by the Company through its online marketplace, which allows users to offer, sell, and purchase online marketing services through the platform (the “Website”).

ACCEPTANCE OF TERMS

By accessing the Website or making any purchase through the Website, you agree to be legally bound by this Agreement in its entirety. By accessing 9gigo or purchasing any services through the Website, you acknowledge and accept these Terms and all applicable conditions contained herein.

Additional terms and conditions may apply to specific areas of the Website, particular services, transactions, negotiations, or content posted on the Website and shall form part of this Agreement where applicable.

9gigo reserves the right to modify, amend, or update this Agreement at any time by publishing the revised version on the Website. Your continued use of the Website following the effective date of any changes constitutes your acceptance of and agreement to be bound by the revised Agreement.

Please review this Agreement periodically to ensure that you are aware of any amendments or updates.

The terms “you” and “User” refer to any individual or legal entity, including both buyers and sellers, who accesses or uses the Website for any purpose.

WEBSITE USE

9gigo operates an online marketplace that provides a platform through which buyers (“Buyers”) may purchase online marketing services offered by independent third-party service providers (“Sellers”). Such services are provided by the respective Sellers and not by 9gigo.

Seller Services may include, without limitation, search engine optimization, paid traffic advertising, conversion rate optimization, social media marketing, and other online marketing services (collectively, the “Seller Services”).

9gigo facilitates transactions between Buyers and Sellers by providing marketplace and administrative services, including facilitating purchases, processing payments on behalf of Sellers, creating and managing service listings, coordinating orders, facilitating communications between Buyers and Sellers, assisting with dispute resolution, helping Buyers identify suitable Sellers, and providing other related services (collectively, the “9gigo Services”).

9gigo is not a party to the underlying contract for the provision of Seller Services between a Buyer and a Seller, except to the extent expressly stated in this Agreement. The contract for the provision of Seller Services is entered into directly between the Buyer and the Seller.

Buyers pay for Seller Services and not for the 9gigo Services. 9gigo may charge Sellers commissions, fees, or other applicable charges for use of the 9gigo Services.

The Seller Services may be purchased through the Website. By purchasing any Seller Services, you agree to pay the applicable purchase price displayed on the Website and represent and warrant that:

(a) you have the legal capacity and authority to enter into the transaction;

(b) you have the lawful authority to use or access the account associated with the purchase; and

Unless otherwise expressly provided in this Agreement, all purchases are final. Refunds, where applicable, shall be provided only in accordance with this Agreement and may be granted at the Company’s sole discretion.

DISPLAY OF NAMES, LOGOS, AND REVIEWS

The Company owns or has the lawful right to use the content displayed on the Website, including, without limitation, text, graphics, images, logos, button icons, software, website design, compilation, layout, and other content created or provided by the Company (“9gigo Content”).

Certain content on the Website may be owned by Users, including Buyers and Sellers, as described under the User Generated Content section of this Agreement. Reviews and testimonials submitted by Users remain subject to the rights and permissions applicable to such content.

Services, service descriptions, and related materials supplied by third-party Sellers remain the property of their respective owners or providers.

The Company’s rights include, without limitation, rights relating to the design, compilation, presentation, and overall look and feel of the 9gigo Services, as well as applicable copyrights, trademarks, designs, inventions, and other intellectual property rights.

You may not copy, reproduce, distribute, modify, publish, transmit, create derivative works from, or otherwise exploit any Company Content or intellectual property without the Company’s prior written authorization.

You may not use the 9gigo name, trademarks, logos, graphics, domain name, screenshots, or other proprietary materials in any manner that suggests endorsement, affiliation, authorization, or ownership unless expressly authorized by the Company in writing.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, the Company shall not be liable for any damages, liabilities, losses, claims, costs, or expenses, whether arising in contract, tort, negligence, statute, or otherwise, resulting from or relating to your use of the Website or any Seller Services.

You acknowledge and agree that your use of Seller Services is at your own risk.

9gigo shall not be liable for the offer, sale, purchase, delivery, performance, quality, legality, or non-performance of any Seller Services.

9gigo is not responsible for enforcing contractual obligations between Buyers and Sellers. Sellers are solely responsible for providing the Seller Services purchased by Buyers and for ensuring that their services are lawful and accurately described.

9gigo does not control the Seller Services and does not guarantee that Seller Services or Seller-provided content, communications, endorsements, representations, or claims are accurate, complete, lawful, reliable, or suitable.

To the maximum extent permitted by law, 9gigo does not guarantee any particular business results, earnings, profits, marketing performance, audience growth, rankings, traffic, engagement, or other outcomes resulting from the purchase or use of Seller Services.

Although 9gigo may assist Buyers in identifying potentially suitable Sellers, the final decision to select and purchase services from any Seller rests solely with the Buyer.

By using the Website, Users acknowledge that they are solely responsible for their actions and for any consequences arising from their use of Seller Services, including any violation of applicable laws, regulations, or third-party terms and policies.

If 9gigo reasonably determines that a User’s conduct or the provision of Seller Services may expose the Company to liability, regulatory action, reputational harm, or other adverse consequences, 9gigo may suspend or terminate the relevant services or User account without liability to the User, subject to applicable law.

Without limiting any other disclaimer contained in this Agreement, 9gigo makes no representations or warranties, express or implied, regarding the quality, timeliness, nature, legality, accuracy, reliability, suitability, performance, security, compatibility, completeness, or results of any Seller Services purchased through the Website, to the maximum extent permitted by law.

Any representation, warranty, guarantee, or undertaking concerning Seller Services shall be the responsibility of the applicable Seller and shall arise, if at all, between the Buyer and Seller.

You acknowledge that interactions with other Users may involve risks, including the possibility of dealing with individuals whose identity, authority, or representations cannot be independently verified.

You assume all risks associated with interactions and transactions involving other Users through the Website.

User-provided information may be inaccurate, incomplete, misleading, offensive, or otherwise objectionable. You agree to exercise appropriate caution and common sense when interacting with other Users.

Due to the nature of the internet, 9gigo cannot guarantee that every User is who they claim to be and does not independently verify the identity of every User.

To the maximum extent permitted by applicable law, in the event of any dispute between you and another User, you release 9gigo, its affiliates, officers, directors, employees, agents, contractors, and representatives from any claims, demands, damages, liabilities, and causes of action arising out of or relating to such dispute.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 9gigo, its affiliates, officers, directors, employees, agents, contractors, and representatives from and against any claims, demands, damages, liabilities, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

(a) your use of the Website or 9gigo Services;

(b) your purchase, use, or provision of Seller Services;

(d) your violation of any applicable law, regulation, or third-party terms; or

(e) any content or information you submit, upload, publish, or otherwise make available through the Website.

Sellers further agree to indemnify and hold the Company harmless against claims arising from the non-delivery, improper performance, unlawful provision, or unethical provision of Seller Services.

CONDUCT

You agree to use the Website solely for lawful purposes and in accordance with this Agreement.

You must not compromise the security or integrity of the Website, interfere with its operation, make the Website inaccessible to others, damage or alter its content, or attempt to gain unauthorized access to any part of the Website or its systems.

You agree not to add, remove, modify, manipulate, copy, access, or use Website content except as expressly permitted by the Website and this Agreement.

You must not use the Website in any manner inconsistent with its intended purpose or in violation of applicable law.

The Company reserves the right to suspend or terminate a User’s account or restrict access to the Website immediately and without prior notice where the Company reasonably believes that such action is necessary to protect the Company, its Users, its service providers, or its systems, or where continued access may expose the Company to legal, regulatory, or contractual liability.

Such action may be taken in circumstances including, without limitation:

(a) breach of this Agreement;

(b) violation of applicable laws or regulations;

(d) submission or publication of content that the Company reasonably considers unlawful, fraudulent, abusive, or unethical;

(e) receipt of a credible complaint concerning a violation; or

(f) any other conduct that may adversely affect the Website, Company, Users, or third parties.

Suspension or termination of an account shall not affect any statutory rights or obligations that cannot lawfully be excluded or limited.

Where prohibited content, services, or User Generated Content are identified or reported, the Company may investigate, remove, restrict, disable, or otherwise take appropriate action concerning such content or services and may restrict or terminate the relevant User’s account where appropriate.

To the maximum extent permitted by applicable law, 9gigo shall not be liable for damages arising from the deletion, suspension, restriction, termination, or removal of a User account, Seller Service, or User Generated Content.

CONFIDENTIAL INFORMATION

The Company will use reasonable measures to maintain the confidentiality of information submitted to the Company where such information is provided in connection with the processing or fulfillment of an order for Services.

Any other material or information submitted to the Website that is not expressly identified as confidential may be treated as non-confidential.

By submitting content to the Website, you grant the Company a worldwide, royalty-free, irrevocable, non-exclusive license to use, reproduce, display, distribute, modify, and otherwise process such content for purposes reasonably related to operating, improving, promoting, and providing the Website and its services, subject to applicable law and the Company’s Privacy Policy.

Information collected for marketing purposes will be retained for no longer than reasonably necessary for such purposes and in accordance with applicable data protection laws and the Company’s Privacy Policy.

Non-marketing-related information may be retained for as long as reasonably necessary to complete transactions, comply with legal obligations, resolve disputes, enforce agreements, and maintain appropriate business records.

CORRECTION OF INACCURACIES

9gigo reserves the right to correct any errors, inaccuracies, or omissions contained on the Website and to modify, update, or change Website content at any time without prior notice.

Although the Company endeavors to maintain accurate and current information, it does not warrant that all content will be error-free, complete, or continuously updated.

PROVISIONS

This Agreement constitutes the entire agreement between you and the Company concerning your use of the Website and supersedes any prior or contemporaneous agreements, communications, or understandings relating to the same subject matter, except where otherwise expressly stated.

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by applicable law.

THIRD-PARTY SERVICE PROVIDERS

Seller Services are provided by independent Sellers and not by the Company.

Each Seller represents and warrants that they possess all necessary rights, permissions, licenses, authorizations, and qualifications required to provide, sell, or resell the services offered through the Website.

Sellers offering online marketing services must comply with all applicable laws, regulations, and the terms and policies of the websites, platforms, and services used to perform their services.

Failure to comply with applicable laws or third-party terms may result in the removal or suspension of the relevant Seller Services and/or Seller account.

The Website serves, among other purposes, as a marketplace through which:

(i) Sellers may list Seller Services;

(ii) Buyers may search for, evaluate, and purchase Seller Services; and

(iii) the Company may facilitate communications and coordinate service requirements between Buyers and Sellers.

Where applicable, Buyers and Sellers may be required to communicate through the Company’s designated communication channels. The Company may coordinate with relevant Sellers on behalf of Buyers.

By using the Website, Buyers and Sellers authorize 9gigo to perform the 9gigo Services as an intermediary or marketplace facilitator, where applicable.

The terms and conditions governing the actual provision of Seller Services remain between the applicable Buyer and Seller, and the Company shall not be responsible for obligations that are expressly the responsibility of either party.

Any descriptions, testimonials, endorsements, reviews, or other representations provided by Sellers or Users through the Website have not necessarily been independently verified by 9gigo.

To the maximum extent permitted by law, 9gigo disclaims liability arising from or relating to such Seller-provided content or Seller Services.

Users are solely responsible for ensuring that their use of the Website and Seller Services complies with all applicable laws and regulations in their jurisdiction.

USER GENERATED CONTENT

“User Generated Content” or “UGC” means any content, information, material, text, image, video, review, description, testimonial, communication, or other material submitted, uploaded, created, or otherwise made available through the Website by a User rather than by 9gigo.

Users are solely responsible for their UGC and for the consequences of submitting, publishing, displaying, storing, transmitting, or otherwise using such content.

9gigo does not routinely verify User-provided content for accuracy, legality, appropriateness, infringement of intellectual property rights, privacy violations, or compliance with applicable laws or third-party policies.

By uploading, submitting, or creating UGC through the Website, you represent and warrant that:

(a) you own or have obtained all necessary rights, licenses, permissions, consents, and authorizations required to use and submit the content;

(b) your content does not infringe or violate any intellectual property, proprietary, privacy, publicity, data protection, or other rights of any third party;

(d) your content does not contain deceptive, fraudulent, false, or materially misleading claims; and

(e) your content does not violate your contractual obligations or the policies, terms, or rights of any third party.

To the maximum extent permitted by law, 9gigo is not responsible for the accuracy, quality, safety, legality, or authenticity of UGC or Seller Services advertised through the Website.

The Company reserves the right, but assumes no obligation, to remove, restrict, disable, or modify UGC, Seller Services, accounts, or other materials where it reasonably believes that such content or services violate this Agreement, applicable law, third-party rights, or Company policies.

Users may report suspected violations to the Company and should provide reasonable supporting evidence where appropriate. Reported content may be reviewed and removed or disabled following investigation where the Company determines that such action is appropriate.

TERMINATION OF SERVICE

This Agreement becomes effective when you access or use the Website, place an order, or list Seller Services on the Website, as applicable, and remains in effect until terminated in accordance with this Agreement.

If 9gigo determines, in its sole discretion and subject to applicable law, that a User is abusing the Website, attempting to circumvent its systems, engaging in fraudulent activity, violating this Agreement, or otherwise misusing the platform, the Company may terminate the User’s participation and take any other action permitted under this Agreement or applicable law.

In such circumstances, the Company may, where legally permissible, withhold amounts otherwise payable to a Seller or forfeit amounts paid for incomplete or improperly performed orders.

If you wish to cancel an order before fulfillment begins or terminate an order while it is in progress, 9gigo may, at its discretion, offer to transfer the undelivered value of the order toward other services offered through the Website.

Except where otherwise required by applicable law or expressly provided under this Agreement, payments, fees, and charges are non-refundable, including in circumstances such as a change of mind, submission of an invalid or inaccessible link, or cancellation before an order begins.

In special circumstances, the Company may, at its sole discretion, issue a refund for the undelivered portion of an order subject to a refund-processing fee of 10% of the undelivered order value or USD $5, whichever is greater.

Where a refund option is made available, a refund request must generally be submitted within three (3) months from the date the order was placed, unless otherwise required by applicable law.

We prefer to resolve disputes amicably. However, if you initiate a payment dispute or chargeback through a payment processor or payment gateway, including PayPal or another provider, you acknowledge that doing so may constitute a breach of this Agreement where you have failed to first pursue the dispute-resolution process provided by 9gigo.

To the extent permitted by law, the Company may suspend the delivery of services while a payment dispute or chargeback is under investigation.

Where permitted by applicable law and the relevant payment provider’s rules, the Company may provide relevant order information, including transaction records, communications, IP information, screenshots, and other relevant evidence, to the payment provider or other authorized parties for the purpose of investigating or responding to a dispute.

Initiation or termination of this Agreement shall not, by itself, constitute an admission of liability by either party.

9gigo may terminate or restrict your access to the Website, 9gigo Services, or Seller Services immediately and without prior notice where permitted by law, including where you breach any provision of this Agreement.

CAMPAIGN DURATION

9gigo does not guarantee how long a marketing campaign will take to complete or achieve its intended objectives.

Any timeframes displayed on the 9gigo Website or its subdomains, or communicated by Company employees, through chats, emails, telephone conversations, or other communications, are estimates only and do not constitute guarantees regarding campaign completion or results.

Any timeframe provided by the Company is intended solely as a guideline to assist Users with planning.

PAUSING CAMPAIGNS

By purchasing or using 9gigo Services, you acknowledge that 9gigo may pause, delay, suspend, or modify a campaign where reasonably necessary and, where permitted by law, without prior notice.

The Company will endeavor to process and deliver services as efficiently and safely as reasonably possible. However, circumstances may arise that require a campaign or portion of a campaign to be delayed or suspended.

Such circumstances may include, without limitation:

(a) significant or unexpected changes to the User’s account or page;

(b) an account or page actively losing followers or engagement;

(d) suspension or termination of a Seller’s services;

(e) compliance requirements; or

(f) other circumstances beyond the Company’s reasonable control.

Where appropriate, the campaign may remain paused for a reasonable period while 9gigo investigates the issue or seeks an alternative Seller capable of providing substantially similar services.

Unless otherwise required by applicable law, payments made for the affected services remain non-refundable where the Company is able to resume, replace, or otherwise fulfill the applicable service.

9gigo may cancel Seller Services or suspend payment processing where it reasonably believes that a transaction may involve fraud, unlawful activity, criminal conduct, money laundering, abuse, or other prohibited activity.

Any such suspension may remain in effect for as long as the Company reasonably determines is necessary to investigate the matter.

If the Company determines that the transaction does not involve prohibited activity, the relevant services or payments may be reinstated as appropriate.

To the maximum extent permitted by applicable law, you agree not to hold the Company liable for delays, suspensions, withholding of payments, cancellations, or other actions taken in good faith under this provision.

Where appropriate, the Company may extend applicable service timelines to account for periods during which a campaign was suspended for investigation or compliance purposes.

ACCOUNT / VIDEO MODIFICATION

You may not materially change, modify, remove, or otherwise alter your account, username, profile information, photograph, video, or other relevant content while a 9gigo marketing campaign is in progress where such changes could reasonably interfere with service delivery.

Making changes to an account, username, photograph, video, or other relevant content may cause the affected account or content to become inaccessible or may otherwise interrupt the delivery of services.

Changes, modifications, or removals made without prior notice may result in termination, suspension, or ineligibility for replacement or refund where such action is permitted under this Agreement.

THIRD-PARTY ACCOUNTS

The Company shall not be liable for the suspension, restriction, deletion, removal, or modification of any social media account, photograph, video, track, page, profile, or other content resulting from Seller Services or your interactions with third-party platforms.

It may not be possible to determine the specific reason why a social media platform suspends, restricts, removes, or deletes an account or content.

All purchases of Seller Services are made at the Buyer’s own risk.

To the maximum extent permitted by applicable law, 9gigo shall not be liable for the suspension, deletion, restriction, or removal of any social media account or content belonging to a Buyer or Seller.

Where Seller Services have already been completed, the Company may not provide a refund solely because a third-party platform subsequently removes, restricts, or suspends an account or content.

CONTACT

For questions, concerns, complaints, or issues relating to the Website or this Agreement, please contact 9gigo through the contact information provided on the Website.