GigDay Paid Work Terms and Conditions

1. About these terms

1.1 These Paid Work Terms and Conditions (the “Terms”) apply to GigDay Paid Work, the part of the GigDay website and services where Clients post paid Gigs, Creatives apply for Gigs, and GigDay may present Creatives to Clients.

1.2 These Terms are an agreement between you and GIGDAY (UEN 53531615A), registered in Singapore, trading as GigDay (“GigDay”, “we”, “us”). These Terms supplement GigDay’s general Terms of Use and Privacy Policy. If there is a conflict between these Terms and the general Terms of Use concerning Paid Work, these Terms prevail to the extent of that conflict. For a dispute about Paid Work, clause 26 prevails over any arbitration clause in the general Terms of Use, including any reference to SIAC arbitration.

1.3 You accept these Terms by ticking the box to accept them when you post a Brief, apply for a Gig, Award a Gig or Accept a Gig. GigDay records the version of the Terms accepted and the date and time of acceptance. Continuing to use Paid Work after a change is not, by itself, acceptance of a material change. Clause 22 applies to changes.

1.4 If you do not agree to these Terms, do not use Paid Work.

1.5 These Terms are GigDay’s standard terms of business. You acknowledge that you have had a chance to read them before accepting, and that the allocation of risk in clauses 4, 14, 16, 17, 18 and 19 is a basis on which GigDay makes Paid Work available.

2. Definitions

In these Terms:

“Client” means a person or business that posts a Brief for paid creative work.

“Creative” means an independent person or business that offers creative services, including services as a DJ, MC, musician, photographer, videographer, artist or performer, and applies for, or is presented for, a Gig.

“Brief” means the description of the paid work a Client posts, including the date, time, venue, budget, add-ons, files and links.

“Gig” means the one-off paid creative work described in a Brief. The parties intend a Gig to be a one-off contract for services between independent parties, and not employment.

“Application” means a Creative’s response to a Brief, including the Creative’s fee, deposit, balance timing, cancellation notice, pitch and any works selected.

“Creative’s Terms” means the fee, deposit percentage, balance timing and cancellation notice specified by the Creative in its Application, together with any GST the Creative charges.

“Award” means a Client choosing one Creative for a Gig. “Accept” or “Acceptance” means the Creative accepting an Award.

“Gig Agreement” means the agreement made directly between the Client and the Creative when the Gig becomes Booked under clause 7.2. It is not made on Acceptance. GigDay is not a party to it.

“Accepted” means the status of a Gig after the Creative has Accepted an Award and before it is Booked, while an Introduction Fee is awaited. An Accepted Gig is not booked and creates no Gig Agreement.

“Booked” means the status of a Gig after the Creative has Accepted and, where an Introduction Fee is payable, after GigDay has received that Introduction Fee. Where no Introduction Fee is payable, Booked means the status after the Creative has Accepted.

“Locked” means the same point as Booked. Locking releases each party’s contact details to the other. Before Lock, GigDay does not reveal those contact details and the Gig is not booked.

“Open listing” means a Brief posted under the Client’s own profile where Creatives apply directly. “Concierge” means a Brief where GigDay administers the listing and presents Creatives to the Client. Concierge is a paid introduction service. It is not described as recruitment into employment, and it is not a guarantee that a Gig will occur.

“Introduction” means GigDay presenting, shortlisting or putting forward a Creative to a Client, including through Concierge or by GigDay pitching for a Creative on an Open listing. A Creative who applies directly to an Open listing, and pitches themselves, is not Introduced.

“Introduction Fee” means the fee payable to GigDay for an Introduction under clause 8.

“Addendum” means additional or different terms agreed between the Client and the Creative under clause 7.6.

“User-provided information” means anything a Client or Creative provides, including profiles, portfolios, works, interests, Briefs, Applications, prices, payment details, messages and reviews.

“GigDay-generated information” means information GigDay creates or derives from information available to it, including labels, shortlists, sort orders, applicant counts, records, status labels and draft payment summaries. It is not a tax invoice.

“Platform” means the GigDay website, applications, emails and messaging systems used for Paid Work.

“Payments Made” means all amounts the Client has paid to the Creative for the Gig, including any deposit and any balance. It does not include the Introduction Fee.

3. Who may use Paid Work

3.1 You must be at least 18 years old and able to enter into binding agreements. If you use Paid Work for a business, you confirm that you are authorised to bind that business, and references to “you” include that business.

3.2 You must provide true, accurate and up-to-date information, including your name, contact details, business details such as UEN and GST registration information, and payment details. You are responsible for keeping your account secure and for activity carried out through your account.

3.3 GigDay may ask you to verify your email address, telephone number, identity or business before allowing you to post, apply, Award, Accept or use payment-related features. GigDay may refuse or remove access where reasonably necessary. A verification check is for GigDay’s own purposes. It is not a warranty to any other user.

3.4 Paid Work is only for one-off, independent creative Gigs between a Client and a Creative. You must not use it to recruit employees, to place persons in employment, to seek or supply labour under a contract of service, or to submit a work-pass application.

3.5 You must not hold GigDay out as the Client, the Creative, the employer, the venue, the insurer, or a party to a Gig Agreement.

4. GigDay’s role

4.1 GigDay provides a Platform through which Clients and Creatives may find each other. For Open listings, Creatives apply directly. For Concierge listings, and where GigDay pitches for a Creative, GigDay may present Creatives that GigDay considers potentially relevant to a Brief, based only on information available to it, and may charge an Introduction Fee where a Creative presented by GigDay is Booked. GigDay’s role is introduction and administration only. GigDay does not employ, hire or engage the Creative. When the Gig is Booked, GigDay steps back. The Gig Agreement is between the Client and the Creative. GigDay presents this as a paid introduction service, not as the supply of the creative services.

4.2 GigDay is not a party to any Gig Agreement and does not provide the creative services. GigDay is not the employer, principal, agent, broker, manager, partner, insurer or guarantor of any Client or Creative. Nothing on the Platform is intended to create a contract of service, a partnership, a joint venture, or an employment-agency relationship between GigDay and any user. Presentation of a Creative is not a representation that an employer-employee relationship will or should arise.

4.3 Authority. GigDay may, on your instructions: prepare and post a Brief; word or format a pitch; pass messages between you and the other party; send reminders; and generate records. Unless you have expressly authorised that specific action in writing, GigDay may not: accept, reject, vary or end a Gig or Gig Agreement on your behalf; agree or change a price or the Creative’s Terms; collect the Creative’s fee; or make a statement on your behalf intended to create a legal obligation. Wording a pitch or a Brief does not make GigDay the speaker of that pitch or Brief as against the other user. The user on whose instructions it was prepared remains responsible for it.

4.4 No vetting. GigDay does not audition, interview, test, screen, background-check, certify, rank for quality, or supervise Creatives. GigDay does not check a Client’s identity, solvency, venue or ability to pay, unless GigDay expressly states in writing that it is carrying out that specific check. Any check GigDay performs, such as verifying an email address or reviewing a Brief for listing rules, is limited and is carried out for GigDay’s own purposes. It is not a recommendation, endorsement or promise to you.

4.5 Information. User-provided information is the responsibility of the user who provided it. GigDay does not independently verify or guarantee such information. GigDay-generated information is produced in good faith from information available to GigDay and is provided for convenience. It is not a recommendation, endorsement, valuation or guarantee of any person, Gig, price or outcome. You must not rely on a label, sort order, shortlist or applicant count as a statement that a person is suitable.

4.6 Concierge presentation. Where GigDay administers a listing or presents a Creative, the Platform will display, for the listing: “Independent Client, presented by GigDay Concierge. GigDay is not the Client and does not provide or guarantee the Gig.” For the Creative: “Independent Creative, presented by GigDay Concierge. The Creative, not GigDay, provides the services.” Immediately before Award and before Acceptance, the Platform will require each party to confirm that the Gig Agreement will be directly between the Client and the Creative and not with GigDay, and will show the statement required by clause 8.3. GigDay’s name or logo on a listing, pitch or other Platform material does not make GigDay the Client, the Creative, or a party to the Gig Agreement.

4.7 Your decision and your risk. The Client decides whether to book a Creative. The Creative decides whether to accept a Gig. Each party makes that decision at its own risk and should carry out its own checks before entering into a Gig Agreement, including communicating with the other party through the Platform. GigDay does not owe you a duty to select, recommend or warn you about another user, except a duty that cannot lawfully be excluded.

4.8 Payments between Client and Creative. GigDay does not hold, receive, transmit or handle money paid between a Client and a Creative, and does not act as an escrow, collection agent or payment agent for those payments. GigDay will not ask a Client to pay a Creative’s fee to GigDay. A PayNow QR, payment instruction or card checkout displayed for a Creative is the Creative’s, or the Creative’s payment-provider account. It is not GigDay’s account.

4.9 Licences and work passes. If a Gig requires a licence, permit, work pass, music licence or other authorisation, the Client and Creative are responsible for obtaining and maintaining it. GigDay will not knowingly present or facilitate a Gig where GigDay actually knows that a required authorisation is not held, and may remove such a Gig. GigDay has no duty to investigate whether an authorisation is held.

4.10 No reliance. You acknowledge that you do not enter into these Terms, or a Gig Agreement, in reliance on any statement by GigDay that is not set out in these Terms, other than a statement made fraudulently.

5. Posting a brief — clients

5.1 A Brief must be accurate, describe genuine one-off paid work, comply with applicable law and comply with GigDay’s listing rules. You must have the right to share any files, images and links included in a Brief. You must not post a role that is, or is in substance, employment.

5.2 GigDay may review Briefs before publication and may approve, request changes to, or reject a Brief. Review is for GigDay’s listing rules and for GigDay’s own purposes. It is not a check that the Brief is lawful, safe, or within the Client’s power. A rejected Brief may be edited and resubmitted once. GigDay may remove a Brief at any time.

5.3 Any budget displayed in a Brief is a guide only. The agreed fee is the fee specified in the Creative’s Terms that the Client Awards, as varied only by an Addendum.

5.4 You may save an unfinished Brief as a draft. Drafts are not published and do not retain uploaded files.

6. Applying for a gig — creatives

6.1 Your Application, profile and works must be accurate, must belong to you or be used with permission, and must be lawful. You confirm that you can lawfully perform the Gig, including holding any licence, permit, work pass, music licence or insurance that the law or the venue requires for your performance. GigDay does not verify that confirmation.

6.2 The Creative’s Terms specified in your Application are the terms you offer to the Client. If you are GST-registered and have provided GigDay with your GST registration number, GST at your applicable rate is added to your fee in accordance with clause 9.5. You must not state that you are GST-registered if you are not.

6.3 If GigDay pitches for you or presents you to a Client, that activity is an Introduction and clause 8 applies. You remain responsible for the content of a pitch prepared on your instructions.

6.4 You may withdraw an Application at any time before Acceptance. You may save an unfinished Application as a draft. Draft Applications are not sent to Clients.

7. Award, acceptance, booked and locked

7.1 A Client may Award a Gig to one Creative at a time. The Creative has 48 hours to Accept or decline an Award, or 24 hours if the Gig is less than seven days away. If the Creative does not respond within that period, declines, or the Client withdraws the Award before Acceptance, the Award ends and the Client may Award the Gig to another Creative. Before Acceptance, no Gig Agreement exists and nothing is owed to any party.

7.2 A Gig Agreement is formed directly between the Client and the Creative, and not with GigDay, only when the Gig becomes Booked. The Gig Agreement consists of, in this order of precedence for commercial terms: (1) any Addendum; (2) the Creative’s Terms; (3) the Default Gig Terms in Schedule A. The Brief describes the work. If an Addendum expressly changes the scope of the work, the Addendum prevails. Otherwise the Brief prevails on what the Gig includes. Platform messages constitute writing. A message varies the Gig Agreement only if it meets clause 7.6.

7.3 Pay before booking. GigDay may present, shortlist and fetch Creatives before any Introduction Fee is paid. That presentation does not book the Gig and does not release contact details. Where an Introduction Fee is payable, the Client must pay it to GigDay before the Gig can be Booked. Until GigDay has received it: the Gig is not Booked or Locked; GigDay does not reveal the Creative’s contact details to the Client or the Client’s contact details to the Creative; the Creative is not required to hold the date or perform; and the Creative may refuse the Gig. GigDay may block the Award, the Booking and any further step on that Gig while the Introduction Fee is unpaid. There is no credit period and no late fee. If the Introduction Fee is not paid, no Gig Agreement arises, and nothing is owed between the Client and the Creative. Where no Introduction Fee is due, the Gig is Booked and Locked on Acceptance.

7.4 GigDay is not a party to the Gig Agreement, has no obligations under it, and has no authority to perform or enforce it. Each Client and Creative is solely responsible to the other for performing the Gig Agreement. A failure by either of them is not a failure by GigDay.

7.5 GigDay records what each party accepted and when, so the parties may retrieve the booking record later. Keeping such records does not make GigDay a party to the Gig Agreement and does not make the record a tax invoice.

7.6 Addenda and the parties’ own terms. The Client and the Creative may agree an Addendum, including by sharing their own terms in Platform messaging. An Addendum forms part of the Gig Agreement only if both parties expressly confirm in writing that they agree that text as a variation of the Gig Agreement. A reply that only deals with logistics, timing or courtesy is not that confirmation. An Addendum is solely between the Client and the Creative. GigDay does not draft, review, vet, approve or enforce it, is not bound by it, and has no responsibility for its content or effect, whether or not GigDay knew of it. An Addendum cannot change these Terms, the Introduction Fee, who pays the Introduction Fee, or GigDay’s role. Anything in an Addendum that purports to do so has no effect against GigDay. If an Addendum conflicts with Schedule A, the Addendum prevails between the Client and the Creative only.

7.7 Before Lock, neither party may ask for or make any payment of a deposit or balance. After Lock, the Client pays the Creative directly using the payment details the Creative has provided, as described in clause 9. A payment made before Lock is at the paying party’s own risk. GigDay is not responsible for it.

8. GigDay’s introduction fee

8.1 For Open listings, no Introduction Fee is payable where a Creative applies directly and pitches themselves. Founding Gigs marked as such on the Platform carry no Introduction Fee.

8.2 Where GigDay introduces a Creative and that Creative is Booked, an Introduction Fee of 20% of the agreed fee, before any GST charged by the Creative, is payable to GigDay. The Introduction Fee is the fee for the introduction. It is not a fee for the creative services, and it is not a deposit between the Client and the Creative.

8.3 Who pays. (a) Concierge: the Client pays the Introduction Fee to GigDay in addition to the Creative’s fee. The Creative receives its agreed fee in full from the Client, not from GigDay. (b) GigDay pitching for a Creative on an Open listing: the Introduction Fee forms part of the agreed fee. The Client pays the Introduction Fee to GigDay out of the agreed fee, and pays the Creative the agreed fee less the Introduction Fee. The Client pays no more than the agreed fee in total. The Creative receives the agreed fee less the Introduction Fee, not the agreed fee in full. In both cases the Client is the party who pays the Introduction Fee to GigDay and is liable to GigDay for it. The Creative has no liability to GigDay for it unless the Creative agrees in a separate written agreement with GigDay to be responsible for it. An Addendum cannot shift it. Before Award and before Acceptance, the Platform will state the Introduction Fee amount, that the Client pays that amount to GigDay, and the amount the Creative will receive. The booking record will record the same. The Creative should not Accept, and the Client should not Award, until that statement has been shown.

8.4 The Introduction Fee is invoiced when the Creative Accepts, and is payable in full before the Gig is Booked. Nothing is invoiced or payable to GigDay at Award, so no refund is needed if the Creative declines. The invoice is GigDay’s invoice for the Introduction Fee only. GigDay does not charge a late fee. Until the invoice is paid, clause 7.3 applies.

8.5 Payment may be made by PayNow to the UEN and payment reference shown on the invoice, or by card through GigDay’s card payment provider, into GigDay’s account. Any card processing fee payable by the person paying will be disclosed at checkout before payment. PayNow carries no GigDay fee.

8.6 After paying by PayNow, you may press “I’ve paid”. The Introduction Fee is treated as paid only when GigDay has received the payment and marked it as received. Pressing “I’ve paid” is not proof of payment.

8.7 Once a Gig is Locked, the Introduction Fee is earned. It is not refundable because the Client later cancels, the venue changes, or the parties vary the Gig, except as provided in clauses 8.10 and 11.4.

8.8 GigDay is not GST-registered at the date of these Terms. GigDay will not add GST to an Introduction Fee while it is not GST-registered. If GigDay becomes GST-registered in future, GST will be charged where required by law and shown on the applicable invoice.

8.9 If an Introduction Fee is unpaid, GigDay may withhold contact details, refuse to Book or Lock the Gig, block the Client from proceeding with that Gig on the Platform, and leave the Gig at Accepted. The Creative may also refuse to perform. GigDay does not charge a late fee or interest on an unpaid Introduction Fee. This clause does not limit clause 7.3 or clause 14.

8.10 GigDay will refund an Introduction Fee it has received if: (a) GigDay removes the Gig after Lock for GigDay’s own convenience, and not because of a suspected breach, fraud or safety concern involving a user; (b) the Gig cannot lawfully proceed and GigDay knew that before Lock; or (c) GigDay does not deliver the introduction that was paid for, other than because a user withdrew or failed to perform. This clause does not make GigDay responsible for the Gig.

9. Payments between client and creative

9.1 The Client pays the Creative directly in accordance with the Creative’s Terms, less the Introduction Fee where clause 8.3(b) applies. Payments between Clients and Creatives do not pass through GigDay and are not held by GigDay.

9.2 The Platform may display payment options provided by the Creative, including a PayNow QR code and payment instructions uploaded by the Creative, and card payment into the Creative’s own account with a card payment provider where the Creative has established such an account. Card payments are processed by the relevant payment provider under its own terms and into the Creative’s account. The Creative is the merchant of record for those payments. GigDay provides the relevant Platform screen but is not a party to the payment transaction, does not acquire the merchant transaction, and does not settle funds to the Creative. Any card processing fee is disclosed at checkout before payment.

9.3 Platform statuses and documents such as “I’ve paid”, “Sent”, “Confirm received”, “Deposit paid”, “Fully paid” and summaries generated by the Platform are GigDay-generated information based on information entered or provided by the parties. They are not proof of payment. They are not a statement, guarantee or warranty by GigDay that an amount was paid, received or is owed.

9.4 Deposits, balances, refunds and late payment are matters between the Client and Creative under the Gig Agreement. GigDay does not refund payments made to Creatives and is not responsible for those payments, including if a Creative does not refund.

9.5 GST. Where a Creative is GST-registered and has provided its GST registration details, the applicable GST is added to the Creative’s fee at the rate recorded when the Creative Accepted. The Creative is solely responsible for charging, invoicing and accounting for its GST. Documents generated by the Platform from the parties’ data are records for the parties’ convenience. They are not tax invoices, and they are not issued by GigDay in the Creative’s name. An unpaid record is labelled “Payment summary”. A record marked paid is labelled “Official receipt”. The Platform will not title either document “Tax invoice”. The Creative must issue its own tax invoice if the law requires one. GigDay is not the seller of the Creative’s services. Where clause 8.3(b) applies, GST is calculated on the amount the Creative receives, unless the Creative’s GST treatment requires otherwise, and the Creative remains responsible for that treatment.

9.6 Chargebacks, refunds and disputes concerning card payments to a Creative are matters between the Client, the Creative and the relevant payment provider. You must not involve GigDay as a party to a chargeback about a Creative’s fee.

9.7 Each party is responsible for its own taxes and filings. GigDay does not withhold or pay tax on behalf of Clients or Creatives.

10. Contact details and messaging

10.1 Before a Gig is Locked, the Client and Creative communicate through the Platform. Contact details are released to both parties when the Gig is Locked.

10.2 You may use another party’s contact details only to arrange and perform the Gig, and any work that clause 14 covers, and only in accordance with applicable data protection law, including the Personal Data Protection Act 2012. You must not add those details to a marketing list, or pass them to a third party, except a venue, insurer or contractor who needs them to perform that Gig.

10.3 GigDay may filter, hide or block messages that appear to disclose contact details before Lock, or that otherwise breach these Terms. GigDay has no duty to do so, and is not liable if a filter misses a message or blocks a lawful one.

11. Cancellations and withdrawals

11.1 Before Acceptance. A Client may withdraw an Award or cancel a Brief, and a Creative may withdraw an Application or decline an Award. No Gig Agreement exists at this stage and nothing is owed to any party.

11.2 Accepted but not Booked. Either the Client or the Creative may cancel through the Platform while the Introduction Fee is unpaid. No Gig Agreement exists. Nothing is owed between the Client and the Creative, nothing is owed to GigDay, and any unpaid Introduction Fee invoice is void.

11.3 Booked. (a) Client cancellation: any Introduction Fee already paid is not refundable, except under clause 8.10, and Schedule A item 3, or the Creative’s own cancellation policy where it was stated in the Creative’s Terms before Award, applies between the Client and Creative. (b) Creative withdrawal: the matter is governed by the Gig Agreement, including Schedule A items 4 to 6.

11.4 If a Creative withdraws after a Gig is Locked, or fails to attend, and the Client paid an Introduction Fee, GigDay will refund that Introduction Fee within 14 days, unless within 7 days after GigDay is told of the withdrawal the Client accepts a replacement Creative introduced by GigDay at no additional Introduction Fee. The Client’s acceptance of a replacement is the Client’s decision. A replacement Gig Agreement is directly between the Client and that Creative. This refund, or one replacement introduction, is the Client’s only remedy against GigDay for the Creative’s withdrawal or non-attendance. It does not make GigDay responsible for the Creative’s withdrawal, for the Client’s other losses, or for the performance of any replacement Creative.

11.5 GigDay may remove a Gig at any time for breach of these Terms, suspected fraud or a safety concern. If GigDay removes the Gig before it is Locked, nothing is owed to GigDay in respect of that Gig. If GigDay removes it after Lock for a user’s suspected breach, fraud or a safety concern, clause 8.7 applies and GigDay is not liable for that removal, except for liability that clause 17.4 preserves.

12. Conduct

12.1 You must not: post false, misleading, unlawful, discriminatory or unsafe Briefs or Applications; misrepresent your identity, skills, business, GST status, insurance or payment details; harass or abuse another person; arrange a Gig, or a payment, for the purpose of avoiding an Introduction Fee; take an introduced relationship off the Platform to avoid clause 8 or clause 14; scrape or misuse the Platform or other users’ data; use Paid Work for unlawful purposes; use Paid Work to recruit employees; or name GigDay as the contracting party for a Gig.

12.2 GigDay may investigate suspected breaches, remove content, suspend or close accounts, withhold contact details, and report matters to relevant authorities where appropriate. GigDay does not have to give reasons where doing so would affect another user’s safety or a lawful investigation.

12.3 You must tell GigDay promptly if another person threatens or starts a claim against you in connection with a Gig and that claim names, or is reasonably likely to name, GigDay.

13. Content and intellectual property

13.1 You retain ownership of content you upload. You grant GigDay a non-exclusive, worldwide, royalty-free licence to host, copy, display, format, adapt for display, and share that content to operate Paid Work, to show it to the other party to a Gig, and to promote Paid Work, including after you close your account for content already used in a listing or a promotional archive. You confirm that you have the rights necessary to grant this licence. The licence ends for future use when you delete the content, except for backups, legal records, and content already shared with the other party to a Booked Gig.

13.2 Rights in work created during a Gig are governed by the Gig Agreement, including Schedule A item 10, unless the Client and Creative agree otherwise in an Addendum. That allocation does not give either party a claim against GigDay.

13.3 The Platform and the GigDay name, branding and marks belong to GigDay or its licensors. You must not use them to suggest that GigDay provides, employs, insures or guarantees a Creative or a Gig.

14. Introduced creatives and work arranged outside GigDay

14.1 The Introduction Fee is the fee for GigDay’s Introduction. If GigDay presents a Creative to a Client, then for 12 months from the date of that Introduction, if the Client and that Creative arrange outside the Platform (1) the Gig described in the relevant Brief, or (2) a repeat or postponed performance of that same Gig, or other work that arises directly out of that Introduction and is for the same Gig or the same occasion or series of occasions, the Introduction Fee applicable to that work is payable to GigDay. The fee is 20% of the relevant fee or, where that fee is not known, 20% of the fee stated in the Creative’s Application.

14.2 Clause 14.1 does not apply to work of a merely similar type that does not arise out of that Introduction, or to work the Client and Creative can show they had already arranged with each other before the Introduction, or to a Creative who applied directly to an Open listing without an Introduction.

14.3 The Introduction Fee under this clause is payable only by the Client, being the party who pays it under clause 8.3. The Creative has no liability for it unless the Creative separately agrees in writing with GigDay to be responsible for it.

14.4 The Client must tell GigDay within 14 days of arranging work that clause 14.1 covers, and must keep records of that fee for 12 months. GigDay may ask once for those records. If the Client and the Creative arrange that work outside the Platform to avoid the Introduction Fee, the Introduction Fee remains payable, GigDay may suspend the accounts, and GigDay may recover the unpaid Introduction Fee and reasonable recovery costs. That is the consequence of going behind GigDay. It is not a late fee and it is not an extra penalty. If a court finds a part of this clause unenforceable, the rest applies to the Gig in the Brief and any repeat of that Gig.

15. Disputes between clients and creatives

15.1 Any dispute concerning a Gig, including quality, attendance, timing, payment, refunds, cancellation, damage, injury, intellectual property or conduct, is between the Client and Creative. GigDay is not a party to that dispute and is not obliged to take part in it.

15.2 GigDay may, at its discretion and without obligation, review information from both sides and help the parties communicate. Any such help is a goodwill service. It is not mediation, adjudication or arbitration, and it is not a binding determination. GigDay gives no undertaking about the outcome. A suggestion made in that help is not a statement that either party is at fault, and it cannot be relied on as such.

15.3 GigDay may record reports, including reports of unpaid fees, and may act on its own account, including suspending an account, without becoming responsible for the underlying dispute.

15.4 You must not join GigDay to a claim against another user, or start a claim against GigDay for another user’s act or omission, except for liability that clause 17.4 preserves or for GigDay’s own breach of these Terms.

16. Disclaimers

16.1 To the fullest extent permitted by law, the Platform and Paid Work are provided “as is” and “as available”, without warranties, conditions or representations of any kind, whether express or implied, including any implied warranty of satisfactory quality, fitness for a particular purpose, or reasonable care in selecting a user.

16.2 Without limiting clause 16.1, GigDay does not warrant that: a Creative is suitable, skilled, qualified, licensed, insured, reliable, available or accurately represented; a Client is genuine, will pay, or will provide a safe venue; a Gig will occur or occur as described; user-provided information or records generated from it are accurate; a filter, status or message will work without error; or an Introduction will produce any particular result.

16.3 Nothing in these Terms affects any right or remedy you have under the Consumer Protection (Fair Trading) Act 2003, or any other applicable law that cannot lawfully be excluded or restricted.

17. Limitation of liability and release

17.1 To the fullest extent permitted by law, GigDay is not liable for any loss, damage, claim, cost or expense arising out of or in connection with the performance or non-performance of any Gig or Gig Agreement, or any act or omission of a Client or Creative, including loss or damage arising from non-attendance, cancellation, quality of services, non-payment, refunds, chargebacks, property damage, injury, equipment, venues, permits, intellectual property claims, data shared between parties, and conduct before, during or after a Gig. The Client and the Creative are each responsible to the other for those matters.

17.2 To the fullest extent permitted by law, GigDay is not liable for indirect, incidental, special or consequential loss, or loss of profit, revenue, business, goodwill, reputation, opportunity, data, or the cost of a replacement Creative, even if advised of the possibility.

17.3 Subject to clauses 17.1, 17.2 and 17.4, GigDay’s total liability to you for all claims arising out of or in connection with Paid Work or these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of (1) the total Introduction Fees you paid to GigDay in the 12 months before the circumstances giving rise to the claim, and (2) S$100. If a court finds that limit unenforceable, GigDay’s liability is limited to the lowest sum that court holds to be reasonable, and not to an unlimited sum.

17.4 Nothing in these Terms excludes or limits liability or rights that cannot lawfully be excluded or limited under Singapore law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or rights under the Consumer Protection (Fair Trading) Act 2003.

17.5 Each limitation in this clause applies separately and survives termination of these Terms. Nothing in these Terms shortens any statutory or other applicable time limit for bringing a claim.

17.6 Release. To the fullest extent permitted by law, if you have a dispute with another user arising out of or in connection with a Gig, a Gig Agreement, a listing or an Application, you release GigDay and its officers, employees and agents from all claims, demands and damages of every kind arising out of or in any way connected with that dispute, whether known or unknown at the time. This release does not apply to any liability that cannot be excluded under clause 17.4, or to the extent a loss was caused by GigDay’s own breach of these Terms, negligence or wilful misconduct.

17.7 You agree that the exclusions, cap and release in this clause are reasonable having regard to the fact that GigDay is not a party to the Gig Agreement, does not handle Client-Creative payments, does not vet users, and makes Paid Work available for an Introduction Fee only where it introduces a Creative.

18. Indemnity

18.1 To the extent permitted by law, you indemnify GigDay, its officers, employees and agents against third-party claims, losses, liabilities, penalties and reasonable costs, including reasonable legal fees, arising from: (1) a Gig or Gig Agreement to which you are a party; (2) your breach of these Terms or applicable law; (3) your content; (4) your taxes, including GST; or (5) a claim by another user, a venue, a guest or an authority arising out of your Gig. This indemnity does not apply to the extent that the relevant loss was caused by GigDay’s own breach, negligence or wilful misconduct. Where you deal as a consumer, this indemnity applies only so far as it satisfies the requirement of reasonableness under the Unfair Contract Terms Act 1977.

18.2 GigDay may control the defence of a third-party claim that this indemnity covers, and you must cooperate. You must not settle that claim in a way that admits fault by GigDay without GigDay’s written consent.

19. Insurance, permits, safety and risk

19.1 Each Client and Creative is responsible for its own insurance, including where appropriate public liability and equipment insurance, and for its own licences, permits, venue approvals, music licensing (including any COMPASS or other public-performance licence) and health and safety obligations. The Creative is responsible for a performance licence for music the Creative plays, unless the Brief states that the venue or the Client holds it. GigDay does not provide insurance for any Gig and is not liable if a party is uninsured.

19.2 Assumption of risk. Some Gigs involve physical activity, equipment, electricity, heights, stages, rigging, crowds, fire, pyrotechnics or other hazards. The Client and the Creative are each responsible for assessing and managing those risks, and for following venue rules and applicable safety law. To the fullest extent permitted by law, and subject to clause 17.4, each party takes part in a Gig at its own risk as between itself and GigDay.

19.3 Equipment, venue property and third-party injury at a Gig are matters between the Client, the Creative, the venue and any insurer. They are not matters for GigDay, except for liability that clause 17.4 preserves.

20. Suspension and termination

20.1 GigDay may suspend or terminate your access to Paid Work, remove content or withhold contact details if it reasonably believes that you have breached these Terms or applicable law, or where reasonably necessary to protect users or GigDay.

20.2 Clauses 4, 7.4, 8 (to the extent of fees already due), 9, 12.3, 13, 14, 15, 16, 17, 18, 19, 21, 25 and 26 survive termination of these Terms. A Gig already Booked remains governed by the version accepted when it was Booked.

21. Personal data

21.1 GigDay collects and uses personal data for Paid Work as described in its Privacy Policy and this clause, in accordance with applicable data protection law, including the Personal Data Protection Act 2012. For Paid Work, purposes include: reviewing Briefs and Applications; presenting Creatives to Clients; administering Concierge listings; withholding identifying and contact information before Lock; passing messages between parties; releasing each party’s name and contact details to the other when a Gig is Locked; invoicing and maintaining payment records; generating booking records; fraud prevention; and meeting legal, tax and accounting obligations.

21.2 GigDay may use service providers for hosting, email, payments, storage and other operational functions. Some service providers may process or store data outside Singapore. GigDay will handle such transfers in accordance with applicable data protection requirements and as described in the Privacy Policy.

21.3 GigDay retains Paid Work records, including Briefs, Applications, Awards, Acceptances, accepted Terms versions, invoices and payment records, for as long as reasonably necessary for the purposes described above and as required by law, including tax and accounting periods. You may request access to or correction of your personal data, or withdraw consent where consent is the applicable legal basis, as described in the Privacy Policy. Withdrawing consent or requesting deletion or restriction may affect your ability to use Paid Work where the relevant processing is necessary for the service or otherwise permitted or required by law. GigDay may retain records it needs to prove what was accepted, to collect an Introduction Fee, or to defend a claim.

22. Changes to these terms

22.1 GigDay may change these Terms by publishing a new version with a new version number and date. A Gig is governed by the version of these Terms accepted when the Gig became Booked. For a material change, GigDay will ask you to tick to accept the new version before you next post a Brief, apply, Award or Accept. Using Paid Work after a non-material change, such as a correction of contact details, does not by itself change the version that governs a Gig already Booked.

22.2 GigDay may change, suspend or discontinue any part of Paid Work. GigDay is not liable for that discontinuance except for an Introduction Fee already paid for an introduction GigDay then does not deliver, which clause 8.10 covers.

23. Force majeure

23.1 GigDay is not liable for failure or delay caused by circumstances beyond its reasonable control, including outages or failures affecting hosting, payment or email providers, network failures, government action, pandemic, fire, flood or industrial action.

24. Notices and electronic acceptance

24.1 GigDay may provide notices by email to the address associated with your account, by Platform notification, or through the website. A notice by email is treated as received on the next business day after sending, unless GigDay receives a failed-delivery notice.

24.2 Ticking a box to accept these Terms constitutes electronic acceptance to the extent permitted by the Electronic Transactions Act 2010 and other applicable law.

25. General

25.1 These Terms, the general Terms of Use and the Privacy Policy constitute the whole agreement between you and GigDay concerning Paid Work. They replace any prior discussion about Paid Work. A Gig Agreement is a separate agreement between the Client and the Creative. Nothing in this clause excludes liability for fraud or fraudulent misrepresentation.

25.2 If any provision is invalid or unenforceable, the remaining provisions remain in force and the affected provision applies to the fullest extent permitted by law.

25.3 A delay or failure to enforce a right is not a waiver of that right.

25.4 You may not transfer your rights or obligations under these Terms without GigDay’s written consent. GigDay may transfer these Terms to an affiliate or successor business that takes over Paid Work, and will tell you if it does.

25.5 No person other than you and GigDay may enforce these Terms under the Contracts (Rights of Third Parties) Act 2001, except that the Client and Creative may enforce the Gig Agreement, including Schedule A and any Addendum, against each other. An officer, employee or agent of GigDay may enforce clause 17.6 and clause 18 against you.

25.6 These Terms are in English. Any translation is provided for convenience only. The English text prevails.

25.7 A failure by a user does not put GigDay in breach.

26. Governing law and disputes with GigDay

26.1 These Terms and any dispute between you and GigDay concerning them or Paid Work are governed by the laws of Singapore.

26.2 You and GigDay will first attempt to resolve a dispute in good faith by contacting each other. If the dispute is not resolved within 30 days, the courts of Singapore have exclusive jurisdiction to determine it, including the Small Claims Tribunals where the claim is eligible for that forum. Either party may seek urgent injunctive or interim relief from the courts of Singapore during that 30-day period. This clause does not take away a right to a forum that Singapore law does not allow to be taken away. Clause 26 applies to Paid Work instead of any arbitration clause in the general Terms of Use.

27. Contact

GIGDAY (UEN 53531615A), registered in Singapore, trading as GigDay.

Email: support@gigday.app

Support: GigDay Discord, linked in the website footer

Notices under clause 24 may be sent to that email. No postal address is required for these Terms.

Schedule A — Default gig terms

These Default Gig Terms apply to every Gig Agreement unless the Client and Creative agree otherwise in an Addendum under clause 7.6, or unless the Creative’s Terms stated a different cancellation policy before Award, in which case that policy replaces item 3 only. They bind the Client and the Creative only. GigDay is not a party to them and does not provide any promise, warranty or guarantee under them. In this Schedule, “days” means calendar days before the scheduled start time of the Gig.

Item 1. Payment timing. The deposit is payable as set out in the Creative’s Terms, and not before the Gig is Locked. Unless the Creative’s Terms state a different time, the balance is payable no later than 7 days before the Gig. Where the Creative’s Terms state that the balance is payable on the day of the Gig or after it, that timing applies instead, and item 2 does not require that balance to be paid before the Creative performs. Where clause 8.3(b) applies, the Creative’s fee for this Schedule is the agreed fee less the Introduction Fee.

Item 2. Late payment by the Client. If the Client has not paid an amount by its due date, the Creative may send one written reminder through the Platform. If the amount is still unpaid 48 hours after that reminder, the Creative may cancel the Gig by written notice through the Platform. The Creative may keep the deposit already paid only as compensation for having reserved the date, and only if the Creative has not rebooked that date for an equal or greater fee. The Creative refunds any other Payments Made within 7 days. Until an amount that is due before performance is paid, the Creative does not have to perform. This item is intended as a genuine pre-estimate of the loss of the reserved date, not as a penalty. If the Creative’s Terms or an Addendum set a late-payment charge, the Client pays that charge to the Creative. GigDay does not collect, hold or enforce it.

Item 3. Cancellation by the Client. The Client may cancel the Gig by written notice through the Platform. Unless the Creative’s Terms stated a different cancellation policy before Award:

(a) 21 days or more before the Gig: no retention. The Creative refunds all Payments Made within 7 days.

(b) 14 to 20 days before the Gig: the Creative keeps 50% of the deposit and refunds the rest of the Payments Made within 7 days.

(c) Fewer than 14 days before the Gig: the Creative keeps the full deposit and refunds any balance paid within 7 days. The Creative may also recover non-refundable third-party costs actually incurred for the Gig, and shown with reasonable evidence, only to the extent those costs are not already covered by the deposit kept.

A cancellation policy in the Creative’s Terms replaces this item only. It does not replace items 4 to 7. A policy that keeps more than the deposit, or the full fee, on a cancellation more than 14 days before the Gig may be open to challenge as a penalty.

Item 4. Cancellation by the Creative. The Creative may cancel by written notice through the Platform. If the Creative cancels for any reason other than item 2 or item 7, the Creative refunds all Payments Made in full within 7 days. That refund does not by itself stop the Client from claiming other loss against the Creative under general law. It is not a claim against GigDay. The Creative should cancel as early as possible.

Item 5. When the Creative does not perform properly. The Client may cancel the Gig by written notice through the Platform, if the Client can show with reasonable evidence (for example messages, emails, photos or witness statements) that:

(a) the Creative has stopped responding to reasonable messages about the Gig for 5 days or more, or for 48 hours or more in the 7 days before the Gig;

(b) the Creative has said or shown that they will not perform the Gig as agreed;

(c) the Creative has acted negligently, unsafely, dishonestly or abusively in relation to the Gig; or

(d) the Creative did not attend, attended materially late, or materially failed to provide what the Brief and the Creative’s Terms describe.

Where nothing has been performed, all Payments Made are refunded within 7 days. Where part of the Gig was performed properly, the refund is a fair share of the fee for the part not performed, not automatically the whole fee, and is paid within 7 days. If the parties cannot agree that share, they may ask GigDay for goodwill help under clause 15. That help does not bind them. This item does not limit any other right the Client has by law against the Creative. It creates no right against GigDay.

Item 6. Illness or emergency. If the Creative cannot attend because of genuine illness or emergency, the Creative must tell the Client as soon as reasonably practicable and provide reasonable supporting evidence where appropriate. Unless a replacement agreed by the Client performs the Gig, the Creative refunds all Payments Made within 7 days.

Item 7. When the Client does not keep their side. The Creative may cancel the Gig by written notice through the Platform and keep the deposit if the Client, with reasonable evidence: fails to provide safe access to the venue, power where required, or a reasonably safe place to work; acts abusively, unsafely or unlawfully towards the Creative; or insists on materially different work from the Brief without agreeing it in an Addendum. The Creative refunds any balance paid for work not performed within 7 days. The deposit kept is subject to the same rebooking limit as item 2.

Item 8. What is included. The Gig consists of the Brief and its listed add-ons, as varied by an Addendum. Any additional work or extras must be agreed in an Addendum first. Extras are paid for separately unless otherwise agreed.

Item 9. On the day. The Client will provide reasonable access to the venue, power where reasonably required, and a reasonably safe place for the Creative to work. The Creative will arrive in time to perform as agreed, with the equipment the Brief and the Creative’s Terms describe, and will follow lawful venue rules. Equipment left at the venue remains the Creative’s risk.

Item 10. Use of work. The Creative retains copyright in photographs, video, artwork or other work created during the Gig, unless an Addendum says otherwise. The Client has a non-exclusive licence to use that work for the purpose described in the Brief, in Singapore, for that Gig and for 12 months afterwards to promote that Gig, unless the Brief or an Addendum states a longer period. The Client may make ordinary crops and format changes. The Client may not sell the work as a standalone product, claim authorship, or edit it in a way that misrepresents the Creative. Any wider use must be agreed in an Addendum.

Item 11. Music and permits. The Creative is responsible for licences required to perform or play music, unless the Brief states that the Client or the venue holds them. The Client is responsible for venue permission for the Gig to take place.

Item 12. Force majeure between the parties. Neither the Client nor the Creative is liable to the other for failure to perform caused by circumstances beyond that party’s reasonable control, including government restriction, natural disaster, or a venue closure that party did not cause. The affected party must give notice as soon as reasonably practicable. Payments Made for work not performed are refunded within 7 days. This item does not bind GigDay and does not refund an Introduction Fee except under clause 8.10 or clause 11.4.

Item 13. Refunds. Refunds under this Schedule are paid by the Creative directly to the Client within 7 days, by the method the Client used to pay where possible. GigDay does not pay, hold or guarantee those refunds.

Item 14. Disagreements. The Client and Creative should first try to resolve disagreements between themselves. They may ask GigDay for goodwill assistance under clause 15. Nothing in this Schedule stops either party from using the courts of Singapore, including the Small Claims Tribunals, against the other. Neither party may use this Schedule to claim against GigDay.