TERMS OF SERVICE

Last updated: [11/12/2019]

Introduction

Welcome to Supercreative (“Company”, “we”, “our”, “us”). As you have just clicked to our Terms of Service, please take a pause, grab a cup of coffee and read carefully the following page. It should take you approximately 10 minutes. 

These Terms of Service (“Terms”, “Terms of Service”, « Terms and conditions ») govern your use of our web pages located at https://supercreative.design operated by Supercreative.

Your agreement with us includes these Terms (“Terms and conditions”). By using the services of our site, you acknowledge that you have read and understood our terms and conditions, and agree to be bound to them. 

If you do not agree with (or cannot comply with) it, then you may not use the Service. If that is the case, please let us know at ben@supercreative.io so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use our service.

Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at.

Purchases

If you wish to pay for a design project, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card and your billing address. 

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase, and that the information you supply to us is true, correct and complete.

We employ the use of Stripe for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to Stripe.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. 
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Project service and payment

Clients and Designers can work with each other on design projects by requesting a design project and following the directions on the Site.

Supercreative will issue a contract that the designer and the client will have to sign, and Supercreative will invoice Clients based on Designer’s quote plus platform and other applicable fees. Unless agreed otherwise with the Client, all design services require an advance payment of forty (40) percent of the total project quote before the work begins. The remaining sixty (60) percent of the project total is due upon completion of the work, prior to the release of materials.

Payment for services is due by credit card or wire transfer. Bank details will be made available on invoice submission.

Clients reserve the right to contest the elements of the final designs. In this case, Client must notify Designer in writing of any failure to comply with the specification of the project design or of any other objections, corrections or changes required. Designer shall, within 30 business days of receiving Clients notification, correct and submit a revised Deliverable to Client. If the cause for the notice of rejection is not fixed within 30 days of a rejection notice, the project will be cancelled, and Client will not pay the rest of the fixed amount. 

If the Client chooses to validate the project and pay the rest of the amount specified in the invoice, and after that Designer has delivered the designs, Client will be deemed to have accepted the designs unless Client provides notice of rejection to Supercreative and Designer within 10 days of delivery of the designs. Client must notify Designer in writing of any failure to comply with the specification of the project design or of any other objections, corrections or changes required. Designer shall, within 30 business days of receiving Clients notification, correct and submit a revised Deliverable to Client. If the cause for the notice of rejection is not fixed within 30 days of a rejection notice, Supercreative will refund the Client's final payment, equivalent to the remaining project total due. Client will have no right to use the resulting design in any way. 

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Termination of the project

In the event of a termination without the designer failing to meet the project design specifications, Clients will be charged according to the amount of work already provided by the designer.

In the event of a termination by the designer, Client will be fully refunded.

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Refunds

Supercreative will make refunds of the Client Payment to Client using the same payment methods that Client used to make the Client Payment to Supercreative or via any other method specified by Supercreative from time to time. 

Supercreative may refund Clients for the following reasons: 

(i) the Sold Design is Incomplete; A Sold Design will be deemed to be “Incomplete” if Client and Designer agree it is incomplete and notify Supercreative of this fact;

(ii) Supercreative is required by law or considers that it is required by law to do so; 

(iii) Supercreative determines that issuing a refund to Client will avoid any dispute or increased costs to Supercreative; 

(iv) Supercreative issues the refund to Client in accordance with any refund policy specified by Supercreative from time to time; 

(v) the order placed (or request made) by Client is found to be fraudulent;  

(vi) Client placed a duplicate order (or request) in error. 

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Additional Expenses

Client agrees to reimburse Supercreative for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, custom domain names, etc...

Changes to project scope

If Client wants to change the Scope of Work of a project design, Client shall send Designer a written Change Order describing the requested changes in detail. Designer will respond with a statement proposing designer availability, additional fees, changes to delivery dates, and any modification to the Terms of Service. Designer will evaluate each Change Order at its standard rate and charges. 

The designer is entitled to notify the Client when his project deviates from the project initially requested, the Client must send Designer a written Change Order describing the requested changes in detail. Designer will respond with a statement proposing designer availability, additional fees, changes to delivery dates, and any modification to the Terms of Service. Designer will evaluate each Change Order at its standard rate and charges.

Client will be billed on a time and materials basis at Designers daily rate. 

In addition, Clients will be charged according to the amount of work already provided by the Designer. Designer may extend or modify any schedule or delivery time if the client deviates from the project initially requested. If Client rejects the proposal, Designer will not be obligated to perform any services beyond those in the original project design.

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Delays 

Clients shall use all reasonable efforts to provide needed information, materials and approvals on time. Clients are expected to answer Designer within 72 hours of Designer’s messages. Beyond this point, this will be considered a delay. Any delay by Clients will result in a day-for-day extension of the due date for all Deliverables. Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension of the due date for all Deliverables. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, labor disputes, riots, acts of war, terrorism and epidemics.

Copyrights

Designer grants to Client a non-exclusive, perpetual and worldwide license to use and display the Final Deliverables in accordance with this terms.

Preliminary works

Designer retains all rights in and to all Preliminary Works. All Designer Tools are and shall remain the exclusive property of Designer. Designer grants Client a non exclusive, non transferable, perpetual, worldwide license to use the Designer Tools solely to the extent necessary with the Final Deliverables for the Project.

For website deliverables only

Web Browsers

Supercreative makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Safari, Google Chrome, etc.). Client agrees that Supercreative cannot guarantee correct functionality with all browser software across different operating systems.

Supercreative cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Supercreative reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

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Support services

During the first month following the delivery of a project design, Designer shall provide up to 5 hours of Support Services at no additional cost to Client. Support Services means commercially reasonable technical support and assistance to maintain and update the Deliverables, including correcting any errors or Deficiencies. Requests for additional support will be billed on a time and materials basis at Designers standard rate. The services in the Warranty Period and do not include enhancements to the Project or other services outside the scope of the Proposal.

Dispute resolution

Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party must explain the situation to the Supercreative support team. The Supercreative support team will do its best to find a solution.‍

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Prohibited Uses

All Supercreative services may be used for lawful purposes only. You agree to indemnify and hold Supercreative harmless from any claims resulting from your use of our service that damages you or any other party.

You may use our Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

1. In any way that violates any applicable national or international law or regulation.
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of our Service, including their ability to engage in real time activities through Service.
2. Use any robot or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of Service.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
8. Take any action that may damage or falsify Company rating.
9. Otherwise attempt to interfere with the proper working of Service.
   
   

Exclusivity

You acknowledge and agree that Supercreative’ revenue is derived from its receipt of Client Payments made through the Site. Therefore, for 12 months from the time you meet any party through the Site (the "Exclusivity Period"), you must use the Supercreative Services as your exclusive method to request, make, and receive all payments for work directly or indirectly with that party or arising out of your relationship with that party (the « Supercreative Relationship").

Non-Circumvention

You agree not to circumvent the payment methods offered by the Site. By way of illustration and not in limitation of the foregoing, you must not:

(a) Share any personal information on your Profile in the way of email, video, phone or any other method of direct contact.

(b) Submit proposals or solicit parties identified through the Site to contact, hire, manage, or pay outside the Site.

(c) Accept proposals or solicit parties identified through the Site to contact, deliver services, invoice, or receive payment outside the Site.

(d) Invoice or report on the Site or in an Opt-Out Fee request an invoice or payment amount lower than that actually agreed between Client and Designer.

You agree to notify Supercreative immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention policy, please submit a confidential report to us by sending an email to ben@supercreative.io.

No Use By Minors

Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.

Account informations

When you request a design project on Supercreative, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

Accounts

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Account Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may send an email to ben@supercreative.io to request the deletion of your account. 

Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Supercreative and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Supercreative.

Error Reporting and Feedback

You may provide us directly in the support chat or at ben@supercreative.io with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). 

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Supercreative.

Supercreative has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

Governing Law

These Terms shall be governed and construed in accordance with the laws of France without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

Accessing Our Site‍

We do not guarantee that our site will always be available or be uninterrupted or error free. Access to our site is permitted on a temporary basis. We will not be responsible to you if for any reason our site is unavailable to you.
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Changes To Our Site‍

We may update, change, suspend or withdraw our site, in whole or part, at any time for our own business reasons. We will try and give you reasonable notice of any suspension or withdrawal.‍

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Uploading Content To Our Site

The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Supercreative permission and rights for use of the same and agrees to indemnify and hold harmless Supercreative from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities may be requested.

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 our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Representations and warranties‍

Client represents and warrants to Designer that to the best of Client’s knowledge, use of the Client Content does not infringe the rights of any third party. Designer represents and warranty to Client that to the best of Designer’s knowledge, the Deliverables will not violate the rights of any third parties.

Client shall indemnify Designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in Deliverables at the request of the Client.

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Design Credit

‍A link to Supercreative will appear in either small type or by a small graphic on the Client's illustration, motion or Website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the project design developed for the Client may be presented in Supercreative's portfolio.


Promotion‍

Supercreative and the designer retain the right, unless the client objects, to reproduce, publish and display the Deliverables in Designer’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. 

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Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

 Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

 By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

 If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

Acknowledgement

By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.

Contact Us

Please send your feedback, comments, requests for technical support by email: ben@supercreative.io.

Thank You

We know that reading terms and conditions on websites is not top that fun. Thank you for reading our terms all the way to the end!