Terms & Conditions
GigDealHealth Services, Inc. Terms of Service
Last Updated: 09/08/2022
1. ACCEPTANCE OF TERMS OF SERVICE
GigDealHealth encourages Students, Clinicians, Healthcare Providers and Healthcare Organizations (collectively “Members” or “Licensors”) to use the Services responsibly, but we have no control over, and cannot guarantee the accuracy or completeness of, any information provided by Members including the availability of a Member at any particular time. WE WILL NOT BE LIABLE FOR CANCELLED OR OTHERWISE UNFULFILLED MATCHING, LOGISTICS, ASSIGNMENTS, BOOKINGS, APPOINTMENTS PLACEMENTS, OR OTHER COMMITMENTS MADE BY ANY MEMBER, OR ANY INJURY RESULTING THEREFROM, OR FOR ANY OTHER INJURY RESULTING OR ARISING FROM, OR RELATED TO, THE USE OF THE SITE OR SERVICES WHATSOEVER.
The information and materials presented on or through the Site are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information or materials by you or any other Member or visitor to the Site, or by anyone who may be informed of any of its contents.
We do not recommend or endorse any Healthcare Providers (Clinicians), opinions, references or other information that may appear through the Services. If you rely on any Content, you do so solely at your own risk. We encourage you to independently confirm any Content relevant to you with other sources, including the Healthcare Provider, practice office or location, medical associations relevant to the applicable profession and/or specialty, professional or state medical boards, and the appropriate licensing or certification authorities to verify listed credentials, education, and experience.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL OR ENTITY MENTIONED, LISTED, REGISTERED WITH US OR ACCESSIBLE THROUGH THE SERVICES.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ASSERT ANY CLAIMS OF ANY NATURE WHATSOEVER AGAINST US ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, AND HEREBY FURTHER RELEASE US AND AGREE TO HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OR LIABILITY OF ANY NATURE WHATSOEVER FOR ALL LOSSES, INJURIES, MEDICAL EXPENSES, OR DAMAGES OF ANY NATURE, FORM OR DESCRIPTION (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS AT ALL STAGES OF ANY LEGAL PROCEEDINGS) FOR ANY INJURIES OR DAMAGES SUSTAINED DIRECTLY OR INDIRECTLY AS A RESULT OF, OR IN CONNECTION WITH, YOUR USE OF THE SERVICES, WHETHER SUCH BE INCURRED BY YOU OR ANY THIRD-PARTY EMPLOYED, ASSOCIATED OR IN RECEIPT OF ANY TREATMENT OR SERVICE, CLINICAL OR OTHERWISE, FROM YOU.
2. TERMS OF SERVICE
GigDealHealth provides an online marketplace (“Marketplace”) that allows licensed and verified businesses (“Business”, “Businesses”) and verified third-party licensed and/or certified medical and healthcare professionals (“Professional”, “Professionals”) to connect with each other for the purposes of posting or accepting HealthGigs (see 2.1, below) using the Services made available by GigDealHealth. Where such Business and such Professional have come to an agreement on the terms of a HealthGig, and such HealthGig has been assigned, Business and Professional shall be termed Party or Parties to such HealthGig. These Terms of Service constitute the manner in which Parties shall conduct themselves for the purposes of posting gigs on Marketplace, and of accepting, working, and paying for HealthGigs.
GigDealHealth may from time to time amend the Terms of Service and modify or update the Services offered. Continued use of the Services by Business or Professional after the posting of any such changes shall constitute acceptance of any such amended Terms of Service.
By agreeing to these Terms of Service, you expressly acknowledge that you understand the Terms (including the dispute resolution and arbitration provisions contained herein) and accept all of them. If you do not agree to be bound by these Terms of Service, you may not use or access the Services.
A HealthGig is defined as a gig post made by a business for specified work that is for any period up to a maximum of 24 hours, and which terms have been accepted by, and the gig assigned to a Professional as recorded in Marketplace. Such terms shall include the agreed rate (“Rate”) that Business shall pay Professional, being defined as the total amount that Business agrees to pay Professional for the Work described in the gig post, as well as any specific requirements listed by Business in the original gig post. If a post is for a period of time greater than 24 hours, then each discrete period of up to 24 hours shall be regarded as a separate HealthGig, subject to such Rate and terms as have been agreed between the Parties, and subject too, to the standard GigDealHealth fees and Terms of Service. By way of example, if a Business should desire a Professional to work a period of four hours on each of three separate days, then each of those periods of four hours shall be considered a separate HealthGig, even if a single gig posting is made for all three HealthGigs.
The creation of a HealthGig shall be deemed to have occurred upon the following events taking place:
i) The Business shall post a gig on Marketplace, providing all the required information necessary for such post to be made;
ii) The gig post must include a description of the work (“Work”) to be undertaken by Professional, including location and length of time to be worked, as well as any specific terms and conditions that Business wishes to apply to the HealthGig which may include, but which are not limited to: specialized equipment or supplies; attendance requirements; attire; additional specific knowledge; additional credentialling or background checks; and remuneration based on considerations other than time. Any specific terms and conditions so given shall be deemed to constitute contractual requirements for the Work to be considered successfully conducted, and failure to adhere to these shall be considered a breach thereof, so releasing Business from the obligation to pay part or all of the agreed Rate. If no such special requirements are posted, then only the gig description shall be deemed as determinant for the subsequent payment of Rate;
iii) Business and Professional agree the Rate for the HealthGig through use of the Marketplace dynamic pricing tool; and
iv) Business accepts the Rate and the HealthGig is assigned to Professional, such assignment being recorded in Marketplace.
The creation of a HealthGig constitutes the formation of a contract between Business and Professional, and their acceptance of the terms and conditions of that contract as specified in the description, rate, and requirements contained therein, as well as of these Terms of Service.
Professional agrees to provide Business with the services specified for the Rate agreed, as well as to adhere to any additional conditions described in the HealthGig as recorded in Marketplace.
Business agrees to pay Professional the Rate specified in the HealthGig as recorded in Marketplace, according to the payment terms described in Section 2.2, below.
Parties agree to adhere to binding arbitration as described in Section 3, below, in the event of a dispute arising from the working or non-working of, or the payment or non-payment for a HealthGig.
2.2 PAYMENT TERMS
Business agrees that the successful working of a HealthGig will result in Business being responsible to Professional for the agreed Rate, as well as to GigDealHealth for its fees as listed in the schedule below.
Charges and fees shall fall due upon the conclusion of the HealthGig, which shall be deemed to have occurred immediately upon the Professional updating the HealthGig’s status in Marketplace from “Assigned” to “Done”. GigDealHealth will facilitate the payment of all charges due to Professional and to itself through the use of third-party providers Stripe and GigJobPay.
The payment sequence shall be as follows:
i) Professional updates HealthGig’s status in Marketplace to “Done”;
ii) Business receives an invoice from GigJobPay issued on behalf of GigDealHealth for the full amount due, which shall include the agreed Rate, as well as all fees owed to GigDealHealth and any applicable taxes;
iii) Business shall have 48 hours from Professional’s updating of HealthGig’s status to “Done” in which to challenge the charges invoiced. Any such challenge must be made by Business updating the HealthGig’s status in Marketplace to “Problem”;
iv) If either Professional or Business have updated a HealthGig’s status to “Problem”, then the rules of arbitration as given in Section 3, below, shall apply;
v) If no challenge has been made to a HealthGig’s status as “Done”, then Stripe will pull the full invoiced amount from Business’s chosen method of payment 48 hours after such a status update.
vi) GigJobPay shall on behalf of Business pay Professional the agreed Rate for the HealthGig. Note: such payment to Professional may take up to ten working days to process.
vii) Payments drawn and made in the manner described above shall for contractual purposes be considered the same as payment made directly to Professional by Business, and shall be deemed both final and non-refundable.
Once assigned, neither Business nor Professional may vary the terms and conditions or the Rate of a HealthGig outside of Marketplace, and any such agreements to vary either shall be deemed invalid and unenforceable. The Rate and those terms and conditions as agreed upon at the time of a HealthGig’s status being updated to “Assigned” shall at all times remain in place and determinant unless such variation as may be agreed between Parties is recorded either through the use of the HealthGig edit function in Marketplace with regard to a variation in the Rate, or through the use of either the HealthGig edit function, or Marketplace’s secure messaging feature for any changes to terms and conditions outside of the Rate.
2.3 FEE SCHEDULE
Business agrees to pay GigDealHealth the fees outlined in the Schedule below, and as may from time to time be varied at HeathGigJobs’s sole discretion. GigDealHealth will make best efforts to communicate any changes to the fee schedule at the time they are made, but failure of such communication, or Business’s failure to read any communication indicating such changes, shall not relieve Business of the duty to pay such fees as are prevalent at the time of their being incurred.
|Fixed Placement Fee||$35|
|Overage Fee||7.5% on any amount in excess of a HealthGig value of $250|
|Credit Card Fees||3% plus $0.30 on the sum of Rate and the applicable GigDealHealth Fees.|
Note that a Credit Card Fee will only be applied if this is the preferred method of payment chosen by Business and which is subsequently utilized to make payment. Where the preferred method is by bank transfer, no processing fee will be applied, and Business shall only pay the applicable GigDealHealth Fees.
i) A HealthGig for four hours of patient rounds at $50 per hour, for a total Rate of $200. In this instance, Business will be charged the Rate, plus the $35 Fixed Placement Fee if payment is by ACH, for a total of $235 plus applicable taxes. If payment is by Credit Card, there will be an additional charge of $7.35 to cover this cost.
ii) A HealthGig for eight hours of Primary Care Patient visits at $65 per hour, for a total Rate of $520. In this instance, Business will be charged the Rate, plus the $35 Fixed Placement Fee, plus the 7.5% Overage Fee of $20.25 on the $270 excess value over $250. This will result in a total payment of $575.25 plus applicable taxes if payment is by ACH. If payment is by Credit Card, there will be an additional charge of $17.56 to cover this cost.
iii) A series or chain of HealthGigs for four hours of call triage on each of three days, at $40 per hour for a total of $160 per HealthGig; note that this post would result in the creation of three, separate HealthGigs, even though there would only be a single post. If all three days are worked, Business will be charged the Rate for each of the days worked, plus the $35 Fixed Placement Fee, also for each of the days worked. This will result in a total payment of $585 plus applicable taxes if payment is by ACH. If payment is by Credit Card, there will be an additional charge of $17.85 to cover this cost.
2.4 CANCELLATION POLICY
Business may cancel a HealthGig at any time subject to the charges listed in the table below:
|Time to HealthGig Commencement||Applicable Fee||Exceptions|
|7 to 15 days||25%||Cancellation within 48-hour Grace Period.|
|2 days to 6 days||50%||Cancellation within 24-hour Grace Period.|
|48 hours or less||100%||None|
Note that the Applicable Fee shall be the sum of the Rate and any applicable GigDealHealth Fees, Credit Card Fees, and applicable taxes.
Business shall not be liable for any charges if HealthGig is cancelled by Professional.
Parties agree that any claims that may be brought against each other concerning the working or non-working of, or the payment or non-payment for a HealthGig must be submitted to GigDealHealth for binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. Excepted from arbitration at all times are claims that involve quality of clinical care, allegations of malpractice, or any other medical, clinical, or criminal allegation or complaint.
Where Parties submit a dispute for arbitration, the following procedure shall be followed:
i) The Party initiating the dispute (the “Complainant”) shall change the status of a HealthGig in Marketplace to “Problem”;
ii) The Complainant shall submit a support ticket to Marketplace Administration using the Marketplace support function;
iii) The payment process for the HealthGig will be suspended, and a Marketplace Administrator will be appointed as Arbitrator (the “Arbitrator”) in the dispute and will reach out to Parties via the secure messaging feature in Marketplace, or by email to the Parties’ registered email addresses.
iv) Parties shall provide Arbitrator with written accounts of their dispute and their understanding of the facts, and submit to Arbitrator any and all such evidence as Arbitrator, at his or her sole discretion, deems to be relevant and so requests to be furnished.
v) Failure by a Party to supply any information or evidence requested by Arbitrator shall result in a summary adjudication of the dispute in favor of the other Party. If both Parties fail to comply with an information or evidentiary request, the Arbitration shall be deemed terminated, and Arbitrator shall issue a summary finding based upon his or her understanding of the dispute at that time. Any such summary finding shall be deemed final, and the arbitration process terminated.
vi) Arbitrator will review the information provided by Parties and issue a decision on the dispute.
vii) Parties agree to adhere to the decision made by Arbitrator, and the payment process for the HealthGig will be either re-instated or permanently cancelled as appropriate.
viii) Where the decision by the Arbitrator results in a modification to Rate, then the modified Rate shall be collected by GigDealHealth from Business and paid to Professional in lieu of the Rate originally agreed. In such an instance, the GigDealHealth fees shall also be adjusted to reflect the amended Rate.
4. GOVERNING LAW AND JURISDICTION
All matters relating to the Site, Marketplace and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice- or conflict-of-law provision or rule.
5.1 Limitation of Claims
No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.
We may assign this Agreement at any time, including, without limitation, to any parent, subsidiary, or affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
5.4 Entire Agreement
GigDealHealth Services, Inc. Privacy Statement
Last Updated: 8/16/21
On the Site you can do many things which may involve your Personal or Business Information in some form. For example, depending on your visitor status or User License, some activities may include such things as request of information, schedule activity, get access to available income opportunities, download information on the Service, marketing or support materials, order, request or participate in certain services and activities, participate in a survey, collect or provide reference, or register to become a channel partner. GigDealHealth will collect and use Personal Information from you to provide, personalize, improve and continue to operate GigDealHealth Service as well as for these purposes.
Some of your activity on and through the Service is public by default. This may include, but is not limited to, content you have posted publicly on the Site or otherwise through the Service.
Please also remember that if you choose to provide Personal Information using certain public features of the Service, then that information is governed by the privacy settings of those particular features and may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our control and without your knowledge, and search engines may index that information. We therefore urge you to think carefully about including any specific information you may deem private in content that you create or information that you submit through the Service.
When you create an Account and/or enter service task or scheduled information through the Service, you will provide information that could be Personal Information, such as your name, company name, mailing address, phone number, and e-mail address, and, if applicable, financial information and billing information. You acknowledge that this information may be personal to you, and by creating an Account on the Service and providing Personal Information to us, you allow others, including us, to identify you and therefore may not be anonymous. You can update Personal Information at any time by contacting support@GigDealHealth.com or through your Account if you have one.
GigDealHealth uses Personal Information that we collect from you to set up and provide Service for you and your practice or organization. We may also use the information you provide to contact you to further discuss your interest in GigDealHealth, the Service that we provide, and to send information regarding our channel partners, promotions and events. Your email address and any Personal Information may be shared with our partners involved in providing the Service, as well as in connection with providing value-added services and marketing and promotional opportunities, but will not be distributed or shared with unauthorized or unaffiliated third parties. You can opt out of being contacted by us, or receiving such information from us, at any time by sending an email to support@GigDealHealth.com. Separately, you will also be asked to provide an email address when registering an Account for the Service, in order to receive a username and password. We may also email information regarding updates to the Service or GigDealHealth. You can opt out of receiving any communication from us by sending an email request to GigDealHealth at support@GigDealHealth.com at the time it is distributed, or at the time you register for the Service, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.
We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our authorized Agents.
Some users may access the Site using their credentials from third party services via single sign-on. If you choose to log in to the Service using a third-party single sign-on provider, such third party will authenticate your identity and may share with us certain information associated with your profile on such third-party’s account, some of which may include your Personal Information. As with all Third-Party Services, your use of a single sign on provider shall be governed by the terms of service and privacy statement of such provider.
GigDealHealth Services are not intended for individuals under the age of 18. Accordingly, GigDealHealth does not knowingly collect, either online or offline, personal information from individuals under the age of 18 and if we learn that we have collected personal information on a minor under the age of 18, we will delete that data from our systems.Legal Process; Investigations.
When you interact with the Site, we strive to make that experience easy and meaningful. When you come to the Site, our web server may send a cookie to your computer through your web browser. Cookies are files that web browsers place on a computer’s hard drive and are used to enable our services to recognize your web browser and tell us how often and when you have visited the Site previously and otherwise use the Service throughout the Internet.
Standing alone, cookies do not identify you personally and we do not combine the general information collected through cookies with other Personal Information to tell us who you are. They merely recognize your browser. Unless you choose to identify yourself to GigDealHealth, for example by responding to a promotional offer, or registering an Account, you remain anonymous to GigDealHealth. Cookies come in two flavors: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. They include such information as a unique identifier for your browser.
GigDealHealth uses session cookies containing encrypted information to allow the system to uniquely identify you while you are logged in to the Site to use the Service. This information allows GigDealHealth to process your online transactions and requests. Session cookies help us make sure you are who you say you are after you’ve logged in to your Account, and are required in order to use the Service. GigDealHealth takes precautions in its use of persistent cookies. For example, we do not store account numbers or passwords in persistent cookies.Third Party Cookies.
GigDealHealth offers you a means to choose how GigDealHealth may use information provided by you. If, at any time after registering an Account with GigDealHealth to receive information or ordering the Service, or otherwise providing Personal Information to GigDealHealth, you change your mind about receiving information from us or about sharing your information with third parties, you can update your Account yourself or you can send us a request specifying your new choice by emailing support@GigDealHealth.com. Please note that if you are a registered user with an Account, GigDealHealth must retain certain basic information about you in order to continue to provide the Service. Please also note that, if you choose to deactivate your Account, we reserve the right to retain a history of activity associated with your Account prior to deactivation, including your tasks, schedule and clinical support documents history.Correcting & Updating Your Information.
If you need to update or change Account registration information you may do so by logging in to your Account and making the necessary changes yourself or by requesting GigDealHealth to edit the user or organization record. To update information, if you have an active Account with GigDealHealth, you can update information yourself through logging in to your Account. To discontinue the Service, email support@GigDealHealth.com. GigDealHealth will respond to your update request within 30 days from the date of your request.Business Changes.
If you have an Account, your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account. We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information.
We otherwise store all of your information, including your IP address information, using industry standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, personal information or otherwise.Access to Information.
If you are a registered user, you can access information associated with your Account by logging into the Service. Registered and unregistered users can access and delete cookies through their web browser settings.Account Deactivation.
Should you ever decide to deactivate your Account, you may do so by emailing support@GigDealHealth.com. If you deactivate your Account, any association between your Account and information we store will no longer be accessible to you through your Account. While your status will be deactivated, any information you provided through your Account or otherwise to us through the Services may be retained by us indefinitely. However, any public activity on your Account prior to deactivation will remain stored on our servers and will remain accessible to the public.Additional Information; How to Contact GigDealHealth.