GigSmart’s Direct Payment Policy

Pay $500 for each worker you find on the GigSmart Platform, but choose to engage with and pay as a contractor outside of the GigSmart platform.

This policy applies in the event a Requester or a Requester’s director, officer, consultant or employee (“Requester Personnel”) has or causes to have made a Direct Payment with a Worker first connected with through the GigSmart Platform outside of the GigSmart Platform. A “Direct Payment” is defined as any instance where Requester or Requester Personnel, directly or through a third party, provide any form of compensation to a Worker outside of the GigSmart Platform for services rendered by the Worker while the Worker is performing Shift Gigs for the Requester through the Platform or within the three (3) month period starting from the Worker’s last applied, offered or completed Shift Gig or last in-app communication with the Requester on the Platform. A Direct Payment shall not include any instance where the Worker is directly hired as an employee of the Requester and compensated as a W-2 employee. For the avoidance of doubt, a Direct Payment shall include, but not be limited to an independent contractor hire, intern hire, or any other such Payment where a Worker receives any form of compensation from a Requester as a non-W2 worker.

Upon a Direct Payment, GigSmart will charge a Direct Payment Fee. A “Direct Payment Fee” shall be charged as follows:

• If a Requester notifies GigSmart of the Direct Payment, the Requester will be charged $500 per Worker; or
• If a Requester fails to notify GigSmart of the Direct Payment within fifteen (15) days of the Direct Payment, the Requester will be charged $2,500 per Worker.

 

Upon GigSmart’s notice or knowledge of a Direct Payment by a Requester or Requester Personnel to a Worker, the Direct Payment Fee shall be due and payable immediately. GigSmart will use the payment form on the Requester’s account to satisfy the Direct Payment Fee unless otherwise notified or requested by the Requester in writing and a different form of payment is provided.

 

Such Direct Payment Fee shall be charged and a Direct Payment will be deemed to occur regardless: (a) if  the Worker contacts Requester or applies to Requester independently or otherwise through a public posting; (b) different Requester Personnel are involved in the Direct Payment of the Worker and previous payment of the Worker through the GigSmart Platform; (c) Requester provides advanced notice to GigSmart of such Direct Payment of the Worker; or (d) Requester compensates the Worker as a contractor outside the GigSmart platform and then subsequently compensates them as a W-2 employee.

For the purposes of this policy, “Worker” shall mean any user of the GigSmart Platform who uses the Platform for the purposes of accessing, reviewing, applying for or accepting any work opportunities posted on the Platform.

Contact Us

If you have additional questions about the Direct Payment Policy, we want to hear from you. Please contact us directly and a member of our Support Team will follow-up with you right away.