Rules for Paid/Commercial Projects <ol>
<li>User Agreement</li>
<li>Special Terms and Conditions</li>
<li>Rules for Paid/Commercial Projects</li>
<li>Refund Policy</li>
<li>Rules for Community Contests</li>
<li>Designer / Client Contract</li>
<li>Privacy Policy</li>
</ol>
<p> These Rules for Paid/Commercial Projects should be read with the Common Terms of Use and the Special Terms and Conditions for the DesignCrowd Site (which these Rules for Paid/Commercial Projects form a part of).
Capitalised Terms have the same meaning given in those documents, unless otherwise indicated.
</p>
<p> 1 Paid/Commercial Project Rules and Instructions </p>
<p> 1.1 Briefs and Requirements.
</p>
<p> (a) In using the DesignCrowd Service, Client must prepare and post to the DesignCrowd Site its Requirements in a Brief.
Client is solely responsible for the Requirements.
</p>
<p> (b) Client must submit its Requirements in the applicable section of the Brief.
Important Requirements must be included in the "Must Have" section of the Brief and must be specific and be able to be verified objectively (including, by way of example, colour, text and layout) ("Concrete Requirements").
</p>
<p> (c) Designer / Creative must ensure that each of its Submissions must satisfy the applicable Concrete Requirements.
</p>
<p> 1.2 Project Type.
Each Project posted by Client must be either a "Multiple Designer / Creative Contest" or a "One Designer / Creative Project", as described below.
</p>
<p> (a) Multiple Designer / Creative Contests.
In a Multiple Designer / Creative Contest, Client may receive multiple Works from different Designers / Creatives.
There are two types of Multiple Designer / Creative Contest, namely: </p>
<p> (i) Non-Guaranteed: Here, Client may select and purchase a Work from the Work(s) submitted by the Designer(s) / Creative(s) to the Project, thereby signalling the project has reached its conclusion.
or </p>
<p> (ii) Guaranteed: Here, Client must select and purchase a Work from the Work(s) submitted by the Designer(s) / Creatives(s) to the Project, thereby signalling the project has reached its conclusion.
</p>
<p> (b) One Designer / Creative Projects.
In a One Designer / Creative Project, Client may: </p>
<p> (i) invite a particular Designer / Creative to work with them on a project or have a suitable Designer / Creative appointed by DesignCrowd </p>
<p> Where a Client selects a particular Designer / Creative to work with, the selected Designer / Creative may accept or decline the invitation to work.
Where the invitation to work is accepted by the Designer / Creative, the Designer / Creative must proceed to create the relevant Works described by the Client Brief.
</p>
<p> Where DesignCrowd appoints a Designer / Creative to a One Designer / Creative Project and that Designer / Creative accepts the invitation to work with the Client, the Designer / Creative must proceed to create the relevant Works described by the Client’s Brief.
</p>
<p> 1.3 Project Budgets.
</p>
<p> (a) A Project Budget to be payable to Designer(s) / Creative(s) will be set by DesignCrowd prior to launch based on the package selected by the Client.
The Client must pay the full amount agreed with DesignCrowd based on the package selection and Fee Schedule, regardless of the Budget agreed with the Designer(s) / Creative(s).
</p>
<p> 1.4 Timeframes and Deadlines for Submissions for Multiple Designer / Creative Contest(s).
Following Our receipt from the Client of an amount equal to the Project Budget for a Project, the Project will be launched and the Brief will be published on the DesignCrowd Site (provided that the payment has been cleared by one of Our third party payment providers).
The Project will be 'open' for a specific timeframe (of no longer than 60 days), as determined by the Client.
This duration determines how long the Client will allow for Submissions to be provided by Designers / Creatives ("Deadline for Multiple Designer / Creative Contest(s) Submissions").
Client may extend such deadline for each Project for reasonable periods of no more than 45 days (unless expressly agreed to by Us), but it must not shorten any such deadlines.
Expired / overdue projects may be closed by Us after reasonable attempts to contact the Client to arrange for the project to be concluded.
</p>
<p> 1.5 Timeframes and Deadlines for Submissions for One Designer / Creative Project(s).
Following publication of the applicable Brief and the selection or appointment of a Designer / Creative, and following Our receipt from the Client of an amount equal to the Project Budget for a Project, the Project will be 'open' for a given timeframe, as determined by the Client.
This duration determines how long the Client will allow for Submissions to be provided by the selected Designer ("Deadline for One Designer / Creative Project(s) Submissions").
Client may extend such deadline for each Project for reasonable periods of no more than 45 days (unless agreed to by Us), but it must not shorten any such deadlines.
</p>
<p> 1.6 Procedure and Deadlines for Selecting a Work for a Multiple Designer / Creative Contest.
For all Multiple Designer / Creative Contests, Client must select a Winning Work in accordance with the following: </p>
<p> (a) Prior to the date 15 days after the expiry of the Deadline for Multiple Designer / Creative Contest(s) Submissions ("Deadline for Selecting a Contest Work"), Client: </p>
<p> (i) may (in the case of Non-Guaranteed Multiple Designer / Creative Contests) select a Winning Work from all of the Work(s) submitted by Designer(s) / Creative(s) in response to the applicable Brief.
or </p>
<p> (ii) must (in the case of Guaranteed Multiple Designer / Creative Contests) select a Winning Work from all of the Work(s) submitted by Designer(s) in response to the applicable Brief.
</p>
<p> (b) In the event Client extends the Deadline for Multiple Designer / Creative Contest(s) Submissions prior to the expiry of the initial Deadline for Submissions in accordance with clause 3.4, the Deadline for Selecting a Contest Work will be extended until the date that is 15 days from the new Deadline for Multiple Designer / Creative Contest(s) Submissions.
</p>
<p> (c) For Guaranteed Multiple Designer / Creative Contests, where the Deadline for Selecting a Contest Work elapses without Client selecting a Winning Work and where the Project Budget was submitted upfront (and cleared funds received), We may award the Project Budget to a Designer / Creative of Our choice or may divide the Project Budget between all Designers / Creatives that submitted Works for the relevant Project.
If We select one Designer / Creative on behalf of the Client, the applicable rights in the relevant Work will transfer to the Client as they would if the Client had selected the Work itself, in accordance with the terms of the Designer / Creative – Client Contract.
</p>
<p> (d) For Refundable Multiple Designer / Creative Contests, where the Deadline for Selecting a Contest Work elapses without Client selecting a Winning Work and a refund is not requested by the Client within the time limit specified by our refund policy, We may award the Project Budget to a Designer / Creative of Our choice or may divide the Project Budget between all Designers / Creatives that submitted Works for the relevant Project.
If We select one Designer / Creative on behalf of the Client, the applicable rights in the relevant Work will transfer to the Client as they would if the Client had selected the Work itself, in accordance with the terms of the Designer / Creative – Client Contract.
</p>
<p> 1.7 Procedure and Deadlines for Selecting a Work for a One Designer / Creative Project.
For all One Designer / Creative Projects, Client must adhere to the following: </p>
<p> (a) Where the Project is “Guaranteed”, prior to the date 15 days after the expiry of the Deadline for One Designer / Creative Project(s) Submissions ("Deadline for Approving the Work"), Client must approve the Work.
</p>
<p> (b) Where the Project is “Refundable”, prior to the date 15 days after the expiry of the Deadline for One Designer / Creative Project(s) Submissions ("Deadline for Approving the Work"), Client may approve the Work.
</p>
<p> (c) In the event Client extends the Deadline for Submissions prior to the expiry of the initial Deadline for Submissions in accordance with clause 3.5, the Deadline for Approving the Work will be extended until the date that is 15 days from the new Deadline for Submission </p>
<p> 1.8 Reviewing Submissions.
Client is responsible for reviewing all Submissions provided by Designers / Creatives through the DesignCrowd Site in response to each Brief posted by Client.
</p>
<p> 1.9 Revisions.
Client may request Revision(s) to the Work(s) which must be undertaken by Designer / Creative in accordance with the following: </p>
<p> (a) where Designer / Creative’s Submissions do not satisfy the Concrete Requirements of the Client Brief, Designer / Creative must revise the Work until the Concrete Requirements are met in order to be eligible to receive payment for the Work.
</p>
<p> (b) Client may request Revisions and Designer / Creative may (at its discretion and without obligation) perform the requested Revisions without charge.
Client may also request major changes to its Submissions and Designer may (at its discretion) undertake any such changes and may (at its discretion) request payment of a fee for any such changes.
and </p>
<p> (c) for the avoidance of doubt: </p>
<p> (i) requests for a completely new concept will constitute a major change and is considered a major revision (and not a Revision).
and </p>
<p> (ii) Designer must not commence any revision work that requires payment without the prior authorisation of the Client.
</p>
<p> 1.10 Payment.
Where the Deadline for Approving the Work has elapsed, We may make payment to the Designer / Creative who has been selected as the winner of a Multiple Designer / Creating Contest, or chosen in a One Designer / Creative Project.
</p>
<p> 1.11 Private Projects.
When posting a Project to the DesignCrowd Site, Client may select an option to keep the Project "private".
"Private" Projects will not be made available by Us for viewing on those parts of the DesignCrowd Site generally available to members of the public, but will only be visible on the DesignCrowd Site to registered and logged-in users of the DesignCrowd Site.
Client agrees to pay any applicable Fees for this "private" option.
Client acknowledges that We are unable to guarantee that the Project (or parts thereof) will not be disclosed or made available by third parties.
</p>
<p> 2 Our Refund Policy </p>
<p> View our refund policy </p>