These Terms of Service are effective on October 18, 2017.

Terms of Service

CGHero.com (“Site”) is a web-based service through which buyers (“Client”, “Customer”, or “Buyer”) can purchase services from CGHero, freelance artists and outsource studios (“Seller”, “Freelancer”, “Artist”, or “Hero”).

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 Landing, Blue, MediaCityUK, M50 2ST.

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 English Law, 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 in the following ways:

1.1. Registered Site Users will be sent a notification message to their account 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.

 

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, Racist etc

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

 

4. Reporting Site Breaches

4.1. 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 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 Seller, you will need to submit your account for approval to the CGHero Team.

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 any updates or notices.

5.4. To become an approved Seller, 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.

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

5.6 The portfolio work presented on your account is:

5.6.1. Your own work alone;

5.6.2. Collaborative work that you were involved in;

5.6.3. Work which has been given approval from the Intellectual Property owner.

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. Users can submit Requests to the Site for the purposes of requesting and offering digital services and that you will not use the Site to distribute unsolicited email (spam) or for any other purposes.

6.2. Users will not use the Site to Request speculative work and other free means of work.

6.3. The Site has been created and made available to Buyers to find and purchase Services and to Sellers to find and quote on projects. Buyers and Sellers must respectively use the Site as per these conditions and not use the Site to solicit Services to then share communication and work outside of the Site without going through the CGHero payment system. However, work can be done outside of the Sites communication system, as long as the project is paid and processed through the Site.

6.4. If we suspect that Buyers and Sellers are using the Site to source Services or Requests and to then take the project to work outside of the Site without going through the payment process on the SIte, those Users accounts will be suspected and potentially terminated without prior notice.

6.5. When posting a quote for a User Services, that User is confirming that they are capable of fulfilling the Request to the highest standard possible that fits the Requests needs.

6.6. Users producing work must hold a valid license for the software used to produce the content.

6.7. All file transfers will need to be safe and harmless.

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

6.8.1. Own the Intellectual Property rights to the provide materials and/or idea

6.8.2 That you have the relevant approval from the Intellectual Property holder to have any relevant work produced for commercial use in writing.

 

7. Commission and Earnings

7.1. CGHero adds a 25% flat-rate commission to quotes submitted to Client from Seller for use of CGHero Services. Users will be informed through site messaging and email of any future changes to the commission rate.

7.2. On successful completion of a project, Seller authorises us to deduct from the payment received a sum equivalent to our Commission.

7.3. The default currency used on the Site is the US Dollar and all Earnings shall be paid in Dollars based on the price you have fixed for the Service in question minus commissions and additional fees.

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

7.3.2. If in a case where Buyer has received the files but has not marked the project as completed, Seller will be required to contact Buyer to discuss completion. If Buyer is unresponsive, and agreed deadline has passed, CGHero will mark the project as complete.

7.4. Once Seller account balance reached the minimum threshold, it will be possible to withdraw funds via their 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:

7.4.1. Paypal

7.4.2. Payoneer

7.4.3. Wire/Bank Transfer

7.5. 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 Sellers 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 Seller.

 

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. Seller is advised to not commence work until payment has been made by Buyer 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 Buyer who purchases a Service from a Seller will obtain Exclusive Rights to all files and work produced for the Request, unless agreed otherwise.

8.4. As a Seller, you acknowledges that once your Service has been posted to the Buyer’s Request that your Services may be purchased by the Buyer. By posting a quote to a Request, you are confirming that you:

8.4.1. You 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 request 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 Project Request, we suggest to the Buyer to provide as much information and documentation to make the Request as clear to the Seller 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 for reference material

8.5.5. Any Non-Disclosure agreement has been signed by both Buyer and Seller before transferring reference material

8.6. Once you have found a Seller 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 Request Form, there are no upfront costs and you will receive quotes from Sellers for the work to be carried out. The cost shown from the quote will be the amount for the service. On making payment, there will be a payment processing fee of 2.75% add to the final quote cost.

8.8. When progressing a Request through the Premium Request Form, there are no upfront cost and all final cost will be explained before the project commences.

8.9. Buyers shall not make substantive changes to the scope of work once a project has commenced, unless otherwise approved by the Seller.

8.10. As the Buyer, you acknowledge that the posting of Requests with use of third party material to the Site may infringe the intellectual property rights or copyright of third parties. We do not require our users to warrant that they have the permission of those who own or control such rights to make use of them because it may be possible that the actions controlled by those rights may be exercised lawfully regardless as to whether permission has been given, such as the ‘fair use’ exceptions to copyright infringement or statutory defenses to trade mark infringement. 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.

8.11. You may obtain:

(a) pre-clearance 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. If so, you should provide details of the licence or release granted by third party rights holders in the Special Conditions.

 

9. Transfer of Rights and Documents

9.1. On completion of a project, all files and relevant reference material will become the Intellectual Property of the Buyer purchasing the requested project assets carried out by the Seller, unless otherwise agreed in separate terms.

 

10. Liability

10.1. We 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.

10.2. 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 the any breach of such laws resulting from your use of the Site to transmit Services or Requests to or from you.

10.3. 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.

10.4. 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 at clause 1.3 or which otherwise arise in respect of your use of the Site, Services, and Requests.

10.5. 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.

10.6. Although all Sellers are vetted by CGHero, we cannot:

10.6.1. Guarantee that the Seller is who they say they are;

10.6.2. Guarantee that the listed skills are relevant to the Seller;

10.6.3. Guarantee that portfolio links relate to the Seller; and

10.6.4. Guarantee the Seller can complete the work in the estimate time

10.7. CGHero do not do regular checks on Seller portfolios once the Seller has passed the Seller approval process.

10.8. We are not accountable for a Seller if they, for any unexpected reason are unable to provide the Service that has been paid for, but we will work with the Buyer to provide a suitable alternative Service to ensure that the project get back on track.

 

11. Data Protection

11.1. We collect and process personal information in relation to registration, Requests and Services. This information may include but not limited to your name, address, gender, date of birth, email address, telephone numbers, messaging service identity and an alias which you want to be your publicly accessible personal identifier on the Site.

11.2. You may at your discretion provide additional descriptive information, some of which may be classed as ‘sensitive personal information’ under the Data Protection Act, to be included within your profile and which is accessible to other users. This information is collected from you and processed when you submit it by amending your profile using the appropriate menu when you are logged into the Site.

11.3. Please see our Privacy Policy for more information on how we will process your personal data.

11.4. You hereby acknowledge and consent to our provision of your personal data and other information concerning your use of the Site and the Services to law enforcement agencies, regulatory bodies and otherwise as required by law.

11.5. Certain details from your account profile can be updated, amended or removed from an account, but if you wish to amend, change or delete aspects of your account profile or close your account completely and remove any material associated with this profile, please contact our Support Team at support@cghero.com.

 

12. Variations

12.1. 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.

12.2. 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.

12.3. 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.

 

13. Written communication

13.1. 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.

 

14. Notices

14.1. All notices given by you to us must be given to us at support@cghero.com. We may give notice to you by email, or post at the addresses you provide to us when registering with us, or in any of the ways specified in clause 8.1 above. 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. 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.

 

15. Disputes and Refunds

15.1. If at any stage a dispute between Buyer and Seller 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.

15.2. If we feel that the Buyer has not received the adequate work requested as per the original project specification, then the Seller will not receive payment for the work created, or will receive a negotiated figure.

15.3. If we feel that the Seller has produced the adequate work requested as per the original Request specification, then the Buyer will not receive a refund and will retain the files produced by the Seller, or will receive a negotiated refunded figure.

15.4. CGHero will not provide the Buyer with a refund if the project files provided by the Seller have been downloaded by the Buyer and the project marked as complete by the Buyer.

 

16. Events Outside Our Control

16.1. 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).

16.2. 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.

 

17. Waiver

17.1. 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.

17.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

17.3. 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.

 

18. Severability

18.1. 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.

 

19. Entire agreement

19.1. These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2. The Privacy Policy document also acts as part of these terms and conditions

19.3. You acknowledge that, in registering with us, you have not relied on any representation, undertaking or promise given by us or be implied from anything said or written in negotiations by us prior to your registration except as expressly stated in these Terms.

19.4. 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.