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Terms & Conditions

Last modified: 18 January 2021

Hello and welcome to CGHero. Please, read our Terms and Conditions ("Terms") carefully before using CGHero services and this website.

Introduction

CGHero.com (“Site”) is a web-based service through which clients (“Client”) can make requests and purchase CGI services (“Requests”), and freelance artists and studios (“Hero”, “Heroes”), can offer CGI services (“Services”).

This Site is operated by CG Hero Ltd (“CGHero”, “we”, or “us”). We are a company registered in England & Wales (CRN: 10283663) and our registered office is situated at: The Sharp Project, Thorp Road, Manchester M40 5BJ, United Kingdom

By accessing the Site, or using any service made available by CGHero, you (“User”, “your” or “you”) understand and agree to be bound by these terms of service (“Terms”). These Terms create a binding contract that will be governed by the laws of England and Wales, so it is important that you read these Terms carefully.


1. Updates to Terms

At any time, and at our discretion, CGHero may make any amendments to these Terms and any other supporting documentation. A notice of changes will be provided for any change that reduces your rights. Change notices will be provided in the following ways:

1.1. Notification by email to your registered email address.

1.2. A notice posted at the top of this document with a date indicating when the Terms were last amended.


2. Eligibility

By registering and accepting these Terms, you warrant that:

2.1. You are legally capable of entering into binding contracts ;

2.2. You are at least 18 years of age;

2.3. You are acting as a sole user, or are the designated individual for a company ;

2.3. You have not been previously suspended from using this Site .


3. Site Behaviour

To ensure a professional and friendly service, the Site may not be used to carry out activity that deems to be :

3.1. Fraudulent Activity – e.g Intellectual Property Theft, Fake Billing, Identity Theft etc

3.2. Offensive Activity – e.g Pornographic, Explicit content etc

3.3. Harmful Activity – e.g Viruses, Malware, Spamming etc

3.4. Abusive Activity – e.g. Discrimination, Racism, Terrorist activities etc

3.5. Web Scraping – e.g. Screen Scraping, Web Data Extraction, Web Harvesting etc


4. Reporting Site Breaches

If a User suspects that another User is breaching any Site Terms or relevant enforceable laws, then they should report this to our Support Team at support@cghero.com or via our contact number as soon as possible.


5. User Accounts and Registration

The default registration account type will be a Client and if you wish to become a Hero, you will need to submit your account for approval to the CGHero Team. Details on becoming a Hero can be found on our Become a Hero page.

5.1. By registering on the Site, you are accepting that any details submitted by you to CGHero are accurate and pertain to you as an individual or as a company.

5.2. If any of your details have changed, you should update these immediately to ensure that we are able to communicate with you and provide you with any updates or notices.

5.3. To become an Approved Hero, you will be required to apply for “Hero” status. The CGHero Team will review and decide on whether you account can be approved for “Hero” status.

5.4. If we suspect that a Hero is not using the Site fairly in accordance with these Terms, we reserve the right to remove your “Hero” status without prior notice.

5.5. You confirm that the portfolio work presented on your account is:

5.5.1. your own work alone;

5.5.2. collaborative work that you were involved in (and you have specified which areas you worked on);

5.5.3. work which has been given approval from the intellectual property owner to be presented openly to the public.

5.7. We reserve the right, at our sole and absolute discretion at any time without notice, to remove any User or other information that a User posts or otherwise uploads to the Site and/or to suspend or limit access to the Site without prior notice.


6. Your Obligations

6.1. The Site has been created and made available to Clients to find and purchase Services, and to Heroes to find projects, provide quotes and work on projects. Clients and Heroes must respectively use the Site as per these conditions and not use the Site for any other purposes. For the avoidance of doubt, the following are prohibited purposes:

6.1.1. soliciting Services and then sharing communication and work outside of the Site, without going through the CGHero payment system. Work can be done outside of the Sites communication system, provided the project is paid and processed through the Site;

6.1.2. using the Site to distribute unsolicited email (spam);

6.1.3. using the Site to Request speculative work and other free means of work;

6.1.4. using the Site to approach our Heroes in relation to opportunities for work outside of the Site.

6.2. If we suspect that Clients or Heroes are using the Site to source Services or Requests and then taking the project outside of the Site, without going through the payment process on the Site, those Users’ accounts will be suspended and potentially terminated without prior notice.

6.3. When posting a quote to offer Hero Services, that Hero is confirming that they are capable of providing the Service described within the Request to the highest standard possible that fits the Requests needs.

6.4. Heroes producing work must hold a valid license for the software and other tools used to produce the content.

6.5. All file transfers must be carried out in a safe and secure manner using appropriate file transfer tools.

6.6. When posting a Request to the Site, you are confirming that you:

6.6.1. own the intellectual property rights to the provided materials and/or idea;

6.6.2. have obtained consent from all relevant individuals to provide us with their personal data (where applicable);

6.6.3. that you have the relevant approval from the intellectual property holder to have any relevant work produced for commercial use in writing.


7. Charges and Earnings

7.1. CGHero charges a fee of 20% plus other relevant taxes for providing Services to Clients, this may vary depending on the scope of the Services requested, for example, whether they are managed by CGHero. We review our fees on a regular basis and these may be subject to change at any point with notice.

7.2. The default currency used on the Site is the US Dollar and all payments shall be paid in US Dollars based on the agreed price of the Services, minus any CGHero charges.

7.2.1. Project earnings will be credited into your CGHero account on successful completion of a project and once the Client has marked the project as completed.

7.2.2. In the event that a Client has received the files but has not marked the project as completed, the Hero will be required to contact the Client to discuss completion. If a Client is unresponsive, and the agreed deadline has passed, CGHero has the rights to mark the project as complete.

7.3. Once a Hero account balance has reached the minimum threshold, it will be possible to withdraw funds via the Hero’s preferred payment method. There are multiple payment methods on the Site (some of these methods may incur additional charges). The current available payment methods are as follows:

7.3.1. PayPal

7.3.2. Payoneer

7.4. In the event of fraud by any User, we shall be entitled to recover all payments made. In the event of a chargeback relating to a purchase of a Service purchased, we reserve the right to deduct from the balance (if any) from a Hero’s account and any loss we have made along with a reasonable administrative fee to cover our time dealing with this problem. Should the balance in the account prove insufficient to cover these losses and fees, we reserve the right to recover these costs from the Hero.


8. Outsource Services and Project Requests

8.1. Although we reserve the right to review or monitor Services at any time without notice to you, we do not assume any obligation or responsibility to monitor or review any Services, whether posted by you or by any third parties.

Hero Services

8.2. Heroes are advised to not commence work until payment has been made by Client and the funds have successfully cleared. If work is produced and transferred before payment has been made through the Site, we will not be able to offer any form of protection or guarantee that you will receive the funds.

8.3. By default, the Client who purchases a Service from a Hero will obtain exclusive rights to all files and work produced for the Request, unless agreed otherwise.

8.4. As a Hero, you acknowledge that once your quote has been posted in response to the Client’s Request your Services may be purchased by the Client. By posting a quote in response to a Request, you are confirming that you:

8.4.1. have fully understood what is required for the Request and have the relevant tools to undertake this project;

8.4.2. are fully capable of completing the requested work and delivering the project to the highest standard possible and that you have the relevant skills to achieve this; and

8.4.3. are available to start and complete the requested work within the agreed time-frame (including any additional revision times.

Requests

8.5. When posting a Request, Clients should provide as much information and documentation to make the Request as clear to the Hero as possible, such as:

8.5.1. clear brief of what is required and how it will be used;

8.5.2. software requirements;

8.5.3. realistic time-frame;

8.5.4. drawings, photos or another form of reference material;

8.5.5. confirmation as to whether the Client requires a Non-Disclosure agreement to be signed by both Client and Hero before transferring reference material.

8.6. Once you have found a Hero to produce the work for your Request, you are required to make payment to CGHero through the Sites payment system before the work can be commenced. CGHero will hold these funds until the project has been successfully completed.

8.7. When progressing a Request through the Open Project Request Form, there are no upfront costs and you will receive quotes from Heroes for the work to be carried out. The cost shown from the quote will be the amount for the service.

8.8. When progressing a Request through the CGHero Managed Service, there are no upfront costs and all final costs will be explained before the project commences.

8.9. As the Client, you acknowledge that the posting of any Requests which contain third party material does not infringe the intellectual property rights or copyright of third parties. If you have any concerns about the use of third party material posted to the Site you must seek independent legal advice. We hereby exclude all liability for any losses you may suffer as a result of making use of third party material that infringes the intellectual property rights of third parties.

8.10. To the extent that you obtain:

(a) pre-approval from the owner or controller of third party intellectual property rights; and/or

(b) releases from depicted models, etc

For your Request and its use for certain purposes,you should provide details of the licence or release granted by third party rights holders.


9. Transfer of Rights and Documents

On completion of a project, all files and relevant reference material will become the Intellectual Property of the Client purchasing the requested project assets created by the Hero and such files and relevant reference material cannot be displayed, reused or sold by the Hero, unless otherwise agreed in separate terms with the Client.


10. Use of User Content

User-generated content published to the Site may be shared by CGHero to third party sites for marketing and promotional purposes. For example, sharing portfolio work to social media sites. Therefore, you hereby grant CGHero and our service providers a non-exclusive, royalty free, perpetual, irrevocable, global licenses (the Licenses) to communicate, share and display your content.


11. Liability

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