Platform Services Agreement
I. Introduction
Welcome to Creative Department!
The Site is operated by Hypera Ventures, Inc., a Delaware corporation, D.B.A. Creative Department. Unless otherwise specified, the entity controlling the Site you are accessing is referred to herein as “Company” “we,” “us” or “our”. For the purposes of the Terms “you” means, collectively, the person using the Site.
By using or accessing creative-dept.co (the “Site”), the Platform (as hereinafter defined) a subdomain of such website, any mobile application for such websites or any other website operated by us on which this Platform Services Agreement (the “PSA”) is posted via a link or otherwise (each referred to herein as a “Site”), you acknowledge that you agree to and are subject to the following terms and conditions, as well as our Privacy Policy and Terms of Use to the extent not already incorporated in the “fine print” below (together, the PSA, Privacy Policy and Terms of Use are hereinafter referred to as the "Terms"). If you do not fully agree to Terms and any other terms and conditions posted or linked to any Site, you are not authorized to access or otherwise use the Site. Under the Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof. The Company reserves the right to change any of the provisions posted herein and you agree to review these Terms each time you visit the Site. Your continued use of the Site following the posting of any changes to the Terms constitutes your acceptance of such changes. The Company does not and will not assume any obligation to provide you with notice of any change to the Terms and you acknowledge and agree to same. Unless accepted by the Company in writing, you may not amend the Terms in any way.
You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and the Company. You are not authorized to use this Site unless you are at least 18 and able to enter into legally binding contracts. We do not knowingly collect the information of anyone under the age of 18. If you happen to have arrived on the Site after having been re-directed or otherwise clicking on another website, you agree that our Terms shall govern your use of this Site.
II. How does Creative Dept. Work?
The Site is a neutral platform (the “Platform”) that provides the opportunity for people to connect to provide and/or receive products or services (either for the purposes of this PSA, “Services”) from each other, communicate with each other for the purchase and sale of Services related to a project (a “Project”). We refer to people who are offering their Services as a “Provider” and people looking to buy Services by commencing a Project, a “Customer”, and either party or others who may access this Site, a “User”.
Providers may apply on the Site to become a member of Creative Department (a “Member”) by answering the Company’s questionnaire, which is intended to act as a screening process for prospective Providers. Providers may also receive an invitation from the Company to become a Member. The Company will then request that Member-Providers submit samples of their work. The Company will assist Providers in curating their User Content (as hereinafter defined) for the Site, cumulating in a complete Provider profile page that lists the Services offered by the Provider. The Company will share the Provider’s profile page with Provider for Provider’s approval. Once approved, Provider’s profile page will be published to the Site with booking information and prices contained therein.
Customers may apply on the Site to become a Member by answering the Company’s questionnaire, which is intended to act as a screening process for prospective Customers. Customers may only engage or communicate with Providers after they are approved as a Member. Once approved as a Member, Customers may communicate with and engage Providers to receive Services related to a Project. If the Customer’s request for Services is accepted by the Provider, Payment for such Services will occur in accordance with Section V of this PSA.
It is essential to note that we function solely as a financial conduit, and as such, we assume no liability for the quality of services rendered by individual service suppliers. When engaging the services of any Provider through our platform, it is incumbent upon the Customer to undertake their own comprehensive due diligence and evaluation of the Provider’s qualifications and capabilities.
The Company will establish means for communication between Customers and Providers regarding the Project on third-party services, including but not limited to Slack channels. However, Customers and Providers may, in their discretion, elect to establish alternative means of communication.
The Company utilizes third-party project management platforms to keep Projects on track and to share milestones between Customers and Providers. If issues related to the Project arise, Users may notify Company, who will in its discretion use reasonable efforts to assist in mediating any issues.
We are not a party to any transaction between the users of the Platform. We urge all Users to be responsible about their use of this Site and the Platform, information they share while on the Site and the Platform, and any transaction entered into as a result of either listing a Service or requesting a Service. The old adage of “Buyer beware” and also “Seller beware” is one we encourage to keep in mind as a guide when using the Platform. For the avoidance of doubt, we do not control any aspect of the actual performance or receipt of the Service, do not make any warranty or representation with respect to the suitability of any Service, the work product or quality of the work performed by a Provider and are not responsible for the Users agreements with respect to payment. While we do require that Providers submit certain information to gain access to the Platform to offer their Services and do assist with the coordination the Services you may desire to receive (e.g. from what type of creative professional), as more fully set forth herein, we do NOT verify Providers or otherwise vouch for, recommend, or endorse Providers (either, a “Endorsement”), and even though a Provider may be featured on the Site or may be introduced to you by our team, this does not signify or represent an Endorsement.
Because we are not a party to the Services between Customers and Providers, any part of the Services, including the performance or legality of the Services, the truth or accuracy of a Service or Project (including the content thereof or any review relating to a Provider), compliance with all applicable laws. This includes, without limitation, the obligation of any Provider to provide the Services they seek to provide to comply with all applicable laws, regulations, rules, codes, statutes and all other policies related to their provision of Services. We shall not, by reason of your use of this Site or otherwise, be deemed to be your employee, franchisee, client, business associate, or agent, and we shall have no power to enter into any agreements on your behalf or bind you. We do need to point out that even though we are not a party to the Services and assume no liability or responsibility for legal or regulatory compliance pertaining to Services, there may be occasions where we are obligated by law (as we may determine in our sole discretion) to provide information relating to Services in order to comply with the law or lawful order related to certain governmental investigations, litigation or administrative proceedings. You agree to indemnify, defend, and hold harmless the Company, its parents, affiliates and/or subsidiaries, and each of their respective directors, officers, partners, members, managers, employees, contractors, suppliers, representatives, agents and attorneys (the “Company Parties”), harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from any dispute between Customers and Providers or Users of this Site and the Platform.
For more on the Creative Dept. who, what, where, when and why, please see here.
III. Creating and Maintaining Your Presence on the Platform
If you desire to be a Customer (a/k/a, a Member) and/or a Provider (also, a/k/a a Member), you will be prompted to complete a questionnaire that will assist in authenticating your identity when you access the Site in the future. When completing the questionnaire, you shall provide true, accurate, current, and complete information and you warrant and represent that you shall keep the information current, accurate and up-to-date for so long as you maintain a Member account (“Account”) with us.
After completing the questionnaire and being approved as a Member, the Company will work with you to create a User profile and accompanying profile page. Upon the User completing the questionnaire and prior to the Company’s creation of an Account, the Company reserves the right to review the User’s questionnaire and information for compliance with the Site’s Terms. Should the Company elect not to set the Account live, the Company may, but shall have no obligation to, send the User an email (if a functioning email address is provided) regarding what corrections, if any, the User may need to make in order to comply with the Site’s Terms to gain access to the Platform. Notwithstanding the foregoing and for the avoidance of doubt, (a) the Company’s approval of an Account or any Content (as hereinafter defined) shall not be deemed to be an endorsement of the User and/or the Users Services; (b) the Company’s rejection of an Account or any Content shall not be deemed to be a commentary on the User or the User’s Services, if applicable, other than the fact that the Registration Information does not meet, in the Company’s sole and absolute discretion, the Site’s Terms; and (c) the Company’s decision under (a) or (b) shall be non-appealable and final and the Company shall not be liable for either its approval or rejection of an Account or any Content. Furthermore, the Company’s rights and discretion under (a)-(c) above shall apply to any future additions and/or modifications to a User’s Account and/or Content.
You may be given the opportunity to upload pictures of yourself and/or if you are a Provider, your work as samples of the Services you wish to offer. You represent and warrant that you have the legal rights to any such pictures uploaded onto the Site. If you are a Provider, you may also be given the opportunity to upload a resume or portfolio. Changes to a User’s Account may only be made by the Company upon written request by the User.
We reserve the right to delete or change your Account at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Further, we may, without notice to you, suspend or cancel your Account or any Project at any time even without receiving notice from you if we suspect, in our sole discretion, that your Account with us or your email account is being used in an unauthorized or fraudulent manner. In any event and for the avoidance of doubt, the Company shall not be liable for any loss or damage caused by any unauthorized use of your Account.
You retain all ownership rights in all content and materials (the “Content”) you submit to the Site. By submitting Content to the Site, you hereby represent and warrant that all Content has the necessary permissions and licenses and have attributed proper credit to all contributors as required under applicable law. For the avoidance of doubt, all Content must be consistent and in compliance with the Terms. To the extent permitted by applicable law, you also grant to the Company and our successors and assigns a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, distribute, perform, display, and make derivative works of all such content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Site the Company’s, our successors’ and assigns’ businesses, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including without limitation news media, email marketing, social media, etc.). You also hereby grant each User and each Site Visitor a non-exclusive license to access your Content through the Site and to use, reproduce, distribute, and display such Content to the extent permitted through the normal functionality of the Site and subject to all applicable confidentiality and other provisions of the Terms and applicable law.
Company agrees to provide appropriate, accurate, and legally compliant credit in connection with all Content submitted to the Site by Users. Such credit will be clearly visible and understandable in connection with the related Content submitted by Users.
Without limiting any other remedies, the Company may limit, suspend, or terminate any User’s Account or access or ability to use the Platform, the Site and/or its content (including without limitation any Projects) if the Company determines in its sole discretion that such User is or may be violating these Terms, is acting inconsistently with the letter or spirit of the Company’s Terms and other applicable policies, or is otherwise creating a negative user experience for other Users. The Company reserves the right to cancel unconfirmed Accounts that have been inactive for an extended period of time, or to modify or discontinue any part of or all of the Platform or the Site. The Company reserves the right to take any technical or legal steps to prevent misuse of the Platform or the Site and to delay or remove hosted content for any reason.
IV. Customers and Providers Working Together
For more on how Users work together using the Site, please see here.
V. Fees & Payment
The Company currently utilizes Stripe as its online payment processor (the “Payment Processor”). As set forth above, you will be required to complete registration with the Payment Processor and in addition to complying with the Site’s Terms, you acknowledge and agree that the Payment Processor’s terms of use and privacy policy shall also apply.
The current Fees can be found on each individual Provider’s profile page. Creative Department shall retain 10% of all Fees paid to Providers on the Site. Creative Department shall be responsible for the reporting of Fees paid to Providers in accordance with applicable law. Please note that unless otherwise noted, the Fees do not include any fonts, stock imagery/video, music, or any other assets that need to be licensed or purchased in connection with the Services and/or a Project. Customers shall be solely responsible to purchase such items as an additional cost; if a Customer and Provider elect for the Provider to make such a purchase directly, a fifteen (15%) charge will be added to the purchase price. Providers shall be responsible for the filing of any and all tax returns and payment of any and all taxes due to any and all taxing authorities in connection with the Fees they receive from Creative Department. In addition to a User’s indemnification obligations set forth in this PSA and throughout the Terms, Users shall, jointly and severely, defend, indemnify and hold the Company Parties harmless from and against any and all claims against the Company by any Taxing Authority for payment of taxes related to Users providing or receiving Services from one another using the Platform.
Customers acknowledge that all Fees paid for Services on the Platform are final and no refund will be issued.
VI. Cancellation and Pause Policies
Customers may want to cancel or pause active Services and/or Projects. Customer requests to cancel or pause inbound Services will be effective at the end of the Customer’s then-current payment cycle. By way of example, if a Customer books Services on the 1st of the month and requests to cancel on the 15th of the month, the cancellation of Provider’s Services will be effective as of the last day of the month. Cancellation requests must be submitted to the Site no less than seven (7) days prior to the start of the next payment cycle.
Customers seeking to pause active Services and/or Projects will be charged Two Hundred Fifty Dollars ($250.00) (the “Pause Fee”). Upon Company’s approval of a Customer’s request to pause and the Customer’s payment of the Pause Fee, the pausing Customer will receive a right of first refusal if a different Customer seeks to engage the paused Provider. Continued communication during a paused engagement will be in the Provider’s sole discretion.
VII. Disputes that Arise Between Customers and Providers
We believe that the best way to resolve disputes (“Disputes”) between Users is to avoid them in the first place, which is made more likely by Users being clear in communication and expectations throughout the process of working together. The Company is not responsible for nor undertakes any obligation to mediate or resolve Disputes between Users. However, we want Users to forge good working relationships with one another and have a positive experience with the Platform, and while we encourage Users to attempt to work out any Disputes amongst themselves (and encourage Users to keep written documentation of their interactions to aid in them in their resolution of Disputes), we do want to hear about Disputes when they arise to understand why a Dispute arose and what helpful hints and general we can add to our knowledge base for the community of Users to reference to avoid Disputes in the future. If a User brings a Dispute to our attention, we will share the information we receive with the other User and further encourage the Users to attempt to resolve the Dispute. In order for us to effectively review any Dispute, communications between Users should be documented in writing. The Users agreed to defend, indemnify and hold the Company Parties harmless from and against any claims or liability whatsoever related to the Company’s participation in attempting to resolve Disputes.
VIII. Website Terms of Use -- The Fine Print
Please see the Terms of Use here.
Last Updated February 6, 2024