We are Nibble Tech Limited (Nibble). We are registered in England and Wales under company number 12642540 and have our registered office at 63-66 Hatton Gardens, Fifth Floor, Suite 23, London, England, EC1N 8LE. Our VAT number is 360264027.
The following comprises the basis on which we shall permit a prospective client to sign up to and access Nibble’s Platform.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE REGISTERING TO USE THIS SITE
Who we are and how to contact us
heynibble.com is a site operated by Nibble (also We, Our, Us).
By using the Nibble Platform you accept these terms
You confirm that you accept these terms of use and that you agree to comply with them. You may also be required to re-confirm acceptance when you pay for the services of any Freelancer.
If you do not agree to these terms, you must not sign up to use the Nibble Platform or access the Nibble Platform.
What these terms are for
These terms regulate the basis on which you may sign up for and access the Nibble Platform for the purpose of seeking to work with professional marketing freelancers (Freelancers) whose details are maintained on the Nibble Platform. We share our platform with Freelancers and have no authority or ability to negotiate or vary the Services or the terms of the Services or enter into any contract on behalf of the Freelancer.
If you engage any Freelancers, you are free to do so on such terms as may be agreed between the Freelancer and you, subject to the following:-
You agree that Nibble may be provided with a copy of the contract or agreement entered into by you with the Freelancer as well as any schedules appended to it and/or any revisions to it;
You agree that all fee payments under the contract at 1 above will be made in accordance with the dates agreed on the Nibble Platform.
Payments will be due on acceptance of a Freelancer’s services offer and thereafter as agreed. Initial payment will be made after clicking “Accept and Proceed” on the Nibble Platform and deposited by You into a Freelancer’s Stripe Account operated by Stripe and held securely until they are released to the Freelancer, 7 days after the agreed due date (and Nibble’s commission deducted).
(a) For retainer arrangements, the agreed due date is the retainer start date, and repeats monthly thereafter on the same date;
(b) For projects, the agreed due dates are:-
(i) the contract Start Date; and
(ii) the Completion Date.
You will make a payment for 100% of the project fee, which will be released to the Freelancers as follows:
- 50% of the agreed fee will be released to the Freelancer 7 days after the Start date
- 50% of the agreed fee will be released to the Freelancer 7 days after the completion date
Unless you raise a valid and genuine dispute (Dispute Notice) within 7 days from the Due Date, payment will be released to the Freelancer. Any Dispute Notice will cause a pause for the payment release, allowing the Freelancer and you to come to a mutually agreed resolution within 30 days of the Dispute Notice. The absence of a Dispute Notice serves to confirm your approval to release of funds and satisfaction of the freelancer’s work. Nibble is not obligated to provide any dispute assistance.
A small percentage of the transaction will be added and itemised as a platform fee at the point of purchase, in line with the notice on the ‘Pricing and Packages’ section of the Nibble Platform. This is non-refundable in the instance a Dispute Note is raised and a refund or partial refund is agreed to be returned to you by the Freelancer.
For a period of two years from placing a brief on the Nibble platform, you give Nibble an irrevocable, royalty free licence to display your name and/or logo on the Nibble website for marketing purposes.
You agree that you will not:-
(a) directly or indirectly initiate, solicit, negotiate, contract or enter into any business transactions, agreements or undertakings with the Freelancer other than via Nibble and/or the Nibble Platform; or
(b) seek to by-pass, avoid or circumvent Nibble, and its entitlement to fully benefit from the introduction of the Freelancer to you, from any business opportunity that relates to the Freelancer; or
(c)provide or seek to provide briefs to the Freelancer via any medium other than the Nibble platform; or
(d) Seek to employ the Freelancer without Nibble’s consent.
(e)In the event of a breach by the Client of subclauses 5(a), 5(b) or 5(d), the Client will pay to Nibble a sum equivalent to the fees paid by the Client to the Freelancer in the 12 month period immediately preceding the breach.
Nibble reserves the right at its absolute discretion to decline to post briefs and/or remove Clients from the Nibble Platform.
The Nibble service and Nibble Platform
Nibble is a tech business which has created a boutique matchmaking platform to connect businesses with quality marketing service providers. Freelancers who sign up to the Nibble Platform are matched with relevant New Work Opportunities/Briefs using our proprietary algorithms. Nibble seeks to ensure that clients and freelancers can be suitably matched so that clients obtain the marketing services they need at the price they require from a network of verified marketing professionals, as a flexible and cost-effective public relations agency alternative, or an alternative solution to hiring in-house. Nibble is neither a PR agency, marketing agency nor a recruitment consultancy;
Nibble maintains a pool of highly recommended marketing freelancers on the Nibble Platform, who have been initially vetted and approved by Nibble as suitable to offer their expertise on the Nibble Platform. However, the primary obligation rests on You to undertake appropriate and specific due diligence to ensure that any Freelancer matched against your brief by Nibble is the best fit for the brief and for You. Nibble is not responsible for final selection and overall suitability of a candidate, nor for the success or value for money of a campaign. We help you to match with the most relevant and experienced professionals, but the decision for whom to work with is Yours and Yours alone.
Package notice periods and minimum contract thresholds for using the Nibble Platform
In order to allow relationships to develop between Freelancers and You in the best interests of achieving successful delivery, Project and/or Retainer Packages have the following minimum characteristics:-
(a) Retainer Package
(a.1) For brands, minimum initial 3-month term (Initial Term), terminable on 1 month notice given via the Nibble Platform (Written Notice), which is not to be given prior to the end of the Initial Term.
NB Notice must be given with at least 3 clear month to give freelancers a minimum of 4 month’s notice. Therefore, if notice is given:
Within the month, i.e. any date between monthly start date/invoice date and next due date, the invoice that follows the next invoice will be the final invoice
On the due date (i.e. the final day of the working ‘month’) then the next invoice is the final invoice.
(a.2) For agencies, minimum initial 1-month term (Initial Term), terminable at any time during the month of work, with the remainder of the month serving as the final period following cancellation notice given via the Nibble Platform (Written Notice).
(b) Project Package – save where a dispute is raised by You and which is agreed by the Freelancer, Project Package fees are fixed and payable in their entirety.
There are other terms that apply to you
These terms of use refer to the following additional terms, which also apply to your use the Nibble Platform:
Our Privacy Policy
Our Cookie Policy, which sets out information about the cookies on the Nibble Platform.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use the Nibble Platform, please check these terms to ensure you understand the terms that apply at that time. The latest terms will always be available in the “resources” section of your account on the Nibble Platform.
We may make changes to the Nibble Platform
We may update and change the Nibble Platform from time to time.
We may suspend or withdraw the Nibble Platform
The Nibble Platform is made available free of charge.
We do not guarantee that the Nibble Platform, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Nibble Platform for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the Nibble Platform through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
You must keep your Nibble Platform account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected].
How you may use material on the Nibble Platform
We are the owner or the licensee of all intellectual property rights in the Nibble Platform, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of the Nibble Platform in breach of these terms of use, your right to use the Nibble Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We are not responsible for websites we link to
Where the Nibble Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
The Nibble Platform may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms/messaging centres. This information and these materials have not been verified or approved by us. The views expressed by other users on the Nibble Platform do not represent our views or values.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to the Nibble Platform or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Nibble Platform; or
use of or reliance on any content displayed on the Nibble Platform; or
the work delivered by the Freelancer
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Uploading content to the Nibble Platform
Whenever you make use of a feature that allows you to upload content to the Nibble Platform, or to make contact with other users of the Nibble Platform, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
You retain all of your ownership rights in the content within your New Work Brief, but you grant us a licence to use, store and copy that content and to distribute and make it available to registered Freelancers who may be
(a) interested in and matched by Nibble for providing services to you; and/or
(b) engaged by you to provide those services.
It is however your obligation to consider the requirement for reaching a non-disclosure agreement with the Freelancer as set out in C.2 above.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Nibble Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on the Nibble Platform if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
Nibble may use your name, company/brand name, photo, likeness, logo or trademarks, and overview of work in progress or completed work as part of marketing and promoting the Nibble site and Services, and within the media, without your prior consent for as long as you are a user of the Platform unless or until you delete your account.
We are not responsible for viruses and you must not introduce them
We do not guarantee that the Nibble Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Nibble Platform. You should always use your own virus protection software when accessing any internet sites as a minimum standard practice.
You must not misuse the Nibble Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Nibble Platform, the server on which the Nibble Platform is stored or any server, computer or database connected to the Nibble Platform. You must not attack the Nibble Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Nibble Platform will cease immediately.
Rules about linking to the Nibble Platform
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Nibble Platform in any website that is not owned by you.
The Nibble Platform must not be framed on any other site, but you may create a link to any part of the Nibble Platform other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on the Nibble Platform other than that set out above, please contact [email protected].
Which country's laws apply to any disputes?
Your agreement to the terms of use of the Nibble Platform, the subject matter of that agreement and its formation (and any non-contractual disputes or claims) are governed by English law alone. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Entire agreement.
This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
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