Terms & Conditions - Brandsupply

Version: 13 November 2013

 

0. SCOPE

This document describes the terms & conditions of Brandsupply BV (besloten vernnoppschap). Brandsupply BV, registration number with the Dutch Chamber of Commerce 50224816, is hereafter also referred to as “Brandsupply”, “we”, “us”. Brandsupply has its headquarters in Amsterdam, Netherlands. Brandsupply provides visitors/users access to its website and offered services through it. With visiting our website as well as by using our services, you agree with the terms & conditions. These terms & conditions can be edited/changed through Brandsupply at any time and becomes effective with the date of change. If you do not agree with our general terms & conditions (or one of these conditions), we kindly ask you not to use our website or associated services. 

1. JURISDICTION

Only people who are old enough by law and legally authorized to conclude a contract or service, are allowed to use our website and associated services. 

Before you start using our website or services, you should become familiar with our disclaimer & privacy policy. 

Users accept that Brandsupply reserves the right at any time to refuse access to this website temporarily or block it permanently for users who violate our terms & conditions or who show socially unacceptable behaviours in other ways. 

2. USE OF WEBSITE

Users are obliged and guarantee that this website and our services are used for legal purposes and in lawful manner only. We also explicitly state not to violate the following restrictions: 

•    Providing wrong information such as name, e-mail, bank information

•    Pretend to be somebody else and taking part in contests with a different account other than your own

•    Use of invalid/unauthorized payment option

•    Post content protected by intellectual property rights, without authorization

•    Omission of provision of creations that have been selected as winner

•    Change the goal/type of contest after having selected a winner

•    Manipulating of awards and/or contests

•    Bypassing our fees, fee structure and/or payment process

•    Posting harmful, obscene, blasphemous, deceptive, discriminatory and/or illegal content

•    Distributing/Forwarding of spam, chain letters, snow-ball system and/or other content, which is in no relation with this website. 

•    Distributing damaging viruses, Trojans, worms, time bombs, cancelbots or other computer programming routines that are intended to harm computers, computer software, websites or disrupt normal operation

•    Reproduction of content of this website without the express consent of Brandsupply

•    Collection user information such as e-mail, without express consent of Brandsupply

         •    Hacking into protected content of our website or harming it in other ways

        •   Other violation of rights of others or towards us


In violation of these prohibitions, Brandsupply will take necessary steps. This can be one of the steps named under number 1 or by taking legal action. 

3. RESERVED RIGHTS

We reserve the right, but are not obliged, to stop/cancel a contest, posting/entry and/or transaction and/or to refuse access to this website or services as a result of violating one or more restrictions named in point 2.

Also we reserve the right to pay out to a winning designer, 4 weeks after the contest ended, if the client is not reachable via phone or email, even if he did not confirm the final receival of the design documents. 

4. LEGAL RELATIONSHIP AND OBLIGATIONS

(I) Brandsupply. This is an online market place for creative services, where the client can place a project and designer can post their designs/proposals via online upload. Clients can choose a winner when the contest period is up. Brandsupply acts only as facilitating party. 

(II) Postings. Users are responsible for all contents placed/posted on our site and resulting consequences.  

(III) End of contest. After the contest period is up, the client has the possibility to choose a winner. By doing this, the award and the success fee becomes due. 

Client agrees to choose a winner and inform Brandsupply within 7 days after the contest period is up. Has a winner been chosen by the client, he or she is obliged to buy the design. The designer is obliged, in accordance with these terms & conditions, to provide the design. 

In a guaranteed contest the contest holder is obligated to choose a winner if a minimum of 15 designs were uploaded in the contest. This has to happen within 7 days after the contest has ended. If for any reason the contest holder can’t pick a winner in time the contest holder has to contact the Brandsupply Customer Service before the deadline. If that does not happen the Brandsupply Team reserves its right to choose a winner.

(IV) Tax and accountability. Each user is independently responsible for tax allegation  and compliances of other legal obligations. 

5. COSTS

A membership with Brandsupply is free of charge. Clients pay a placement fee for publishing the contest. If the clients picks a winner at the end of a contest, the previously self-determined award and a success fee becomes due. The placement and the success fee vary depending on the chosen package.

The “no cure, no pay” guarantee does not apply to a guaranteed contest since the contest holder pays the full amount (placement fee, award, success fee) up front and therefore guarantees the payment of the award and the selection of a winner.

6. PAYMENTS

Payment of placement fee becomes due immediately with creating the contest through one of our offered payment options. Brandsupply works together with a renowned Payment Service, in order to ensure all payments. As soon as the client chooses a winner, the self-determined price/award and the success fee become due.

In case it’s a guaranteed contest the contest holder has to pay the full amount (placement fee, award, success fee) before the placing the contest because the contest holder guarantees the payment of the award.

7. LIABILITY

The user accepts that Brandsupply, its management and employees are not liable for the behaviour of other users, members or others and possible resulting consequences/damages. Brandsupply is not traditional auction website. We offer a platform to combine demand and supply in form of a contest. We are no party in the agreement between client and designers, except possible own contests. 

Although we are trying our best to offer a high-quality internet platform, we do not have control over all content and therefore do not guarantee for quality, security and legality of contests/creative services, information from/about members and/or other aspects in connection with this website and its service.   

Except for the payment of the success fee to us, neither users nor Brandsupply can be held responsible for delays or omissions or other standards because of strike, fire, natural disaster, telecommunication problems, hardware or internet trouble and/or other failure that lies out of Brandsupply’s influence. 

In case of a conflict between users, Brandsupply cannot be held liable for damages of any kind.

Users cannot held Brandsupply liable for possible financial losses, reputational damage, loss of business opportunities and/or other losses that he or she sees in connection with this website or service. 

8. INTELLECTUAL PROPERTY

Brandsupply site


The intellectual property rights regarding this website, including texts, images, photos, design and formats, software, brands (including domain name), data bases and other material, belong to Brandsupply. 

Content uploaded by users such as portfolios, contest briefing, contest comments, overview of proposals/entries that has been published through Brandsupply, may be used by Brandsupply for advertisement and promotional purposes. Clients and/or 3rd parties are not allowed to use that content without express consent. 


Contests

Brandsupply takes intellectual property rights very seriously. If a designer uploads a design within a contest, he or she agrees with the terms and conditions that all elements can be used. In case of winning the contest he or she agrees to provide the client with the design and transfer the rights to the design. 

In breach of copyright, trademark or other rights within or outside of a contest, it is up to the injured party to take legal action against the infringer and, where appropriate, to contact the relevant authorities for the protection of intellectual property. Brandsupply is not responsible for this. 

9. COMPLAINTS AND LEGAL DISPUTES

Complaints can be made through e-mail to Brandsupply. We will do everything to process these complaints as soon as possible and reply via e-mail. Brandsupply tries to do so within 2 business days, however does not guarantee for this. This agreement is governed by Dutch law. 

Any dispute resulting from these agreements will be submitted exclusively to the relevant judge in Amsterdam. 

This agreement is governed by Dutch law.  


DEFINITIONS

 

Visitor  

Visitor of our website 

 

User    

  

User that are registered with brandsupply, but do not use our services.

 

Client

 

  

 Initiator of a contest.
 

 

Designer     

  

Registered user, who’s goal it is to participate in contests.

 

Terms & Conditions    

 

General conditions, which users/visitors automatically accept by visiting our website.

 

Disclaimer  

 

Contractual provisions which exclude Brandsupply from liability.

 

Privacy policy                     

 

Handling private data of useres by Brandsupply.

 

Award   

 

Award, that a client will pay fort he winner design.

 

Success fee 

 
Prozentualer Anteil des Preises, der an Brandsupply zu bezahlen ist im Austausch für Dienstleistungen.

 

Contest

   

 

Order by a client.

 

Posting                             

 

Through a user uploaded content (grafically, textual or other).

 

 

Social Network