Terms & Conditions
Last modified: 26 June 2019
Hello and welcome to CGHero. Please, read our Terms and Conditions ("Terms") carefully because they affect your legal rights. We hope you are sitting comfortably and listening to some great music.
Here we go...
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 in the following ways :
1.1. Registered Site users will be notified by email when changes are made to these Terms.
1.2. A notice will be posted at the top of this document with a date indicating when the Terms were last amended.
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 firstname.lastname@example.org 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 How It Works 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:
7.4. 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.
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.
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
10.1. Any content posted or created through the platform may be shared with third parties such as social media sites to promote what content can be produced from our Services. CGHero and our service providers are granted royalty free, perpetual, irrevocable, global licenses (the Licenses). The license allows for this content to be edited, copied, distributed or formatted along with the name associated with this content on CGHero.
11.1. Users use our Site and Services at their own risk. CGHero will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, data, business or goodwill) howsoever arising.
11.2. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to your Services or Request (whether yours or that uploaded by third parties) from the Site. The transmission of certain Services or Requests may be prohibited by national laws. We make no representation and accept no liability in respect of any breach of such laws resulting from your use of the Site to transmit Services or Requests to or from you.
11.3. Notwithstanding the foregoing, nothing in these Terms is intended to limit any rights you may have as a User under applicable local law or other statutory rights that may not be excluded or limited, nor in any way to exclude or limit our liability to you for fraud or for death or personal injury resulting from our negligence.
11.4. You hereby agree to indemnify us on demand and to hold us harmless from all actions, claims and proceedings made or taken against us from time to time and for all loss or damage and all payments, costs or expenses (including legal costs) made or incurred by us as a result of the breach of the warranties you have given as part of these Terms or which otherwise arise in respect of your use of the Site, Services, and Requests.
11.5. We do not warrant that your use of the Site will be uninterrupted or error-free and all liability arising in respect thereof is hereby excluded.
11.6. Although all Heroes are vetted by CGHero, we cannot:
10.6.1. Guarantee that the Hero is who they say they are;
10.6.2. Guarantee that the listed skills are relevant to the Hero;
10.6.3. Guarantee that portfolio links relate to the Hero; and
10.6.4. Guarantee the Hero can complete the work in the estimated time.
11.7. CGHero does not do regular checks on Hero portfolios once the Hero has passed the Hero approval process.
11.8. We are not accountable for a Hero if they, for any unexpected reason are unable to provide the Service that has been paid for, but we will work with the Client to provide a suitable alternative Service to ensure that the project gets back on track.
11.9. CGHero does not endorse any of the content submitted to the Site and is not responsible for any user generated content.
11.10. From time to time, User’s will submit files, web links, or other material not associated with the Site. We have no control over these and do not endorse or make any representations about them. If you decide to access these, you do so at your own risk. We accept no responsibility for files, web links, or other material or for any loss or damage that may arise from your use of these.
12. Data Protection
13.1. We may vary these Terms at any time. Any such variation shall be effective once posted on the Site along with the effective/updated date.
13.2. We shall endeavour to notify you that the Terms have been updated, but such notification is entirely without prejudice to this clause and we shall not be liable under any circumstances for your failure to receive or our failure to send such notification.
13.3. At all times it is your responsibility to read and satisfy yourself as to the Terms laid out in all Term documentation. Your continued use of the Site and/or the Services after any variation to the Terms indicates your acceptance of the updated Terms.
14. Written communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email, SMS text message or equivalent, or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
15.1. All notices given by you to us must be given to us at email@example.com. We may give notice to you by email, or post at the addresses you provide to us when registering with us. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter.
15.2. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
16. Disputes and Refunds
16.1. If at any stage a dispute between a Client and a Hero occurs, this should be communicated to CGHero. We will then consider the dispute in a fast, fair and professional manner with the aim of coming to a suitable resolution for both parties. Where necessary, this may involve us reviewing relevant project documentation, communications or other material related to the particular project.
16.2. If we feel that a Client has not received the work requested to an adequate standard as per the original project specification, then the Hero will not receive payment for the work created, or will receive a negotiated figure.
16.3. If we feel that the Hero has produced the work requested to an adequate standard as per the original Request specification, then the Client will not receive a refund and will retain the files produced by the Hero, or will receive a negotiated refunded figure.
16.4. CGHero will not provide the Client with a refund if the project files provided by the Hero have been downloaded by the Client and the project has been marked as complete by the Client.
17. Events Outside Our Control
17.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).
17.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular, without limitation, the following:
(a) strikes, lock-outs or other industrial action;
(b) the failure of an e-mail provider to deliver an electronic message;
(c) public or private telecommunications network failure;
(d) the acts, decrees, legislation, regulations or restrictions of any government.
18.1. If we fail, at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
18.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18.3. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20.1. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the provision of our services and Site and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
20.3. You acknowledge that, in registering with us, you have not relied on any representation, undertaking or promise given by us or implied from anything said or written in negotiations by us prior to your registration except as expressly stated in these Terms.
20.4. You shall have no remedy in respect of any untrue statement made by us, whether orally or in writing, prior to the date of your registration (unless such untrue statement was made fraudulently) and your only remedy shall be for breach of contract as provided in these Terms.
21. Law and Jurisdiction
These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
Any disputes concerning these Terms, the relationship between you and us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.