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Terms of Use

Welcome to AURUMLOGIK!

The following terms of service (these «Terms»), govern your access to and use of the AURUMLOGIK website and mobile application, including any content, functionality and services offered on or through https://aurumlogik.com.

AURUMLOGIK - FZCO Reg. Number: DSO-FZCO-34008 is referred hereto as «AURUMLOGIK« «we» or «us» and “you” or “your” means you as an user of the AURUMLOGIK Platform.

Please read the Terms carefully before you start to use the AURUMLOGIK Platform. By using the AURUMLOGIK Platform, opening an account or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms. You further acknowledge, you have read and understood our Privacy Policy, which you may find via the link (“Privacy Policy”). If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the AURUMLOGIK Platform. For more detailed policies surrounding the activity and usage on the AURUMLOGIK Platform, please access the designated articles herein..

AURUMLOGIK Services, all information and content are provided on a strictly “as-is” basis without any warranty whatsoever by AURUMLOGIK regarding such Services, information or content.

The AURUMLOGIK Platform is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 14 years of age, you are only permitted to use the AURUMLOGIK Platform through an account owned by a parent or legal guardian with their appropriate permission. If you are under 14 you are not permitted to use the AURUMLOGIK Platform. By using the AURUMLOGIK Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the AURUMLOGIK Platform

CONTENT OF TERMS

GENERAL TERMS

Definitions

"Account" means any account created by User with AURUMLOGIK platform.

"AURUMLOGIK platform" means AURUMLOGIK website and any AURUMLOGIK applications, including AURUMLOGIK chat, AURUMLOGIK Player.

"AURUMLOGIK website" means https://aurumlogik.com.

"AURUMLOGIK applications" means any applications managed and owned by us and bearing logo of AURUMLOGIK.

"Creative Manager Services" mean additional services provided by us consisiting of managing connections between Users and Creative Providers.

"Creative Provider"means a user, who is a third party independent contractor that provides Creative Services. Creative Providers are subject to an onboarding procedure as specified in the Terms.

"Creative Services" mean any services provided by Created Providers to Customers, including planning, producing, directing, videography services, editing, creative and other related services, except for those that prohibited by us.

"Customer" means a user who created account and is looking for a connection with Creative provider(s).

"Project Brief"means all parameters, specifications, requirements, budget, background, storyboard, creative approach, timelines, service levels and other details for a Project agreed between the User and the Creative Provider(s).

"Public Project Offer" means offer publicly published by user on AURUMLOGIK platform with the intention to receive Project proposals for delivery of Creative Services by Creative Provider.

"Private Project Offer" means offer communicated by user via AURUMLOGIK platform with the intention to receive Creative Services from specific Creative Provider.

"Project" means a contract agreed between Creative Provider and user for the provision of Creative Services a result of which is creation of Project Deliverables.

"Project Deliverables" means any audiovisual content, including a video or media content made as described under the Project Brief for the User by the Creative Provider(s).

"Subscription Package"means the specific services provided by us to which a User has subscribed and their corresponding fees and package features. Subscription Packages are published on AURUMLOGIK platform.

"User" means any person who somehow interacts with AURUMLOGIK platform.

"You”, "your"mean: Users and Creative Providers in the General Terms; Users in the User Terms; Creative Providers in the Creative Providers Terms.

Scope of AURUMLOGIK Services

  1. AURUMLOGIK does not provide video production services, but is a platform that connects Customers and Creative Providers.
  2. Particularly, AURUMLOGIK provides information and coordination services, matching Customers and Creative Providers, where Creative Providers directly provide Creative Services to Customers and Customers pay directly to Creative Providers for such Creative Services. AURUMLOGIK is not a party and/or a guarantee to any agreements between Customers and Creative Providers, except as may be explicitly otherwise stated by AURUMLOGIK (this may be in case of Creative Manager Services).
  3. The exact scope of AURUMLOGIK Services and fee amount and schedule depend on a Subscription Package chosen by a User.
  4. While AURUMLOGIK do carefully vet Creative Providers, we have no final control over and cannot guarantee the truth or accuracy of Creative Providers` skills, experience, examples of their work, portfolio, equipment, profile, any other content or information provided by Creative Providers and/or displayed through the Services.
  5. A Customer may, at the sole discretion, order Creative Manager Services. In any such case the Customer, the Creative Provider(s) and AURUMLOGIK will enter into separate agreements which will set forth, among other things, the exact scope of Creative Manager Services and fee amount and schedule.
  6. AURUMLOGIK retains the right to use all published or created Projects for AURUMLOGIK marketing and promotion purposes.

Relationship with AURUMLOGIK

  1. You are acting as an independent contractor.
  2. For the avoidance of doubt, you shall not be construed as an employer or an employee of AURUMLOGIK for any purpose whatsoever.
  3. AURUMLOGIK is not acting as an agent or representative in any capacity for you. You are not acting as an agent or representative in any capacity for us.
  4. You and AURUMLOGIK shall not be construed as being partners, joint venturers, shareholders, participants.
  5. AURUMLOGIK does not endorse you.
  6. You have no authority to bind us to any obligation, agreement, debt or liability.

Requirements for Use of the Services

  1. In order to access and use the Services, you need to be 18 or older. You also need to have the full legal capacity and the power to enter a legally binding agreement and are not banned from doing so under any applicable law.2
  2. Individuals under the applicable age may access and use our Services only through a parent or legal representative`s Account and with their involvement. Please have that person read these Terms with you and consent to them before proceeding.
  3. By granting your child permission to access and use the Services through your Account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your Account and does not have your permission thereto, please contact us immediately so that we can disable access.
  4. If you are representing a legal person or an organization not incorporated as a legal person, you have to be duly authorized to carry out such representation.
  5. AURUMLOGIK does not endorse you.
  6. Use of the Services may require compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. The latest version of required software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.

Availability

  1. The Services, or any features or parts thereof, may not be available in all languages or in all countries and AURUMLOGIK makes no representations or warranties that the Services, or any features or parts thereof, are appropriate or available for use in any particular location. To the extent you choose to access and use the Services, you do so at your own initiative and are responsible for compliance with any applicable law.
  2. We shall use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except (i) during planned downtime for upgrades and maintenance (ii) unplanned outages due to «bugs» or errors and (iii) any unavailability caused by circumstances beyond our control, such as an act of God, adoption of laws and regulations by state and local authorities, flood, fire, earthquake, Internet service provider failure or delay, or acts by third parties including denial of service attack.

Account Creation and Management

  1. In order to get access to some AURUMLOGIK Platform functionalities and to use the Services, you have to create an Account by registering certain information.
  2. You will have to follow step-by-step instructions to register an Account. You have to create an Account by registering certain information.
  3. Information collected when creating an Account is subject to our Privacy Notice.
  4. You must not create an Account on behalf of a person (individual, legal person, organization not incorporated as a legal person) unless you are legally authorized to do so.
  5. You guarantee that you will not create more than one Account. AURUMLOGIK reserves the right to limit the number of Accounts that may be created from a device and the number of devices associated with an Account.
  6. You may not assign or transfer your Account to another person.
  7. Please keep your Account secure. You are solely responsible for keeping your password confidential and secure.
  8. You will not do anything else that might jeopardize the security of your Account.
  9. You must immediately notify us of any unauthorized use of your password, Account or any other breach of security of which you become aware.
  10. Once the Account is created, you will be able to customize it.
  11. Information you display on your Account has to be truthful, accurate, current and complete. You are solely liable for the validity of the information provided.
  12. You will update your Account information in case of its change.
  13. By creating an Account, you agree to receive notices from AURUMLOGIK.

General Rules of Conduct

  1. Users may report content to Customer Support that may be in violation of AURUMLOGIK`s Terms of Service based on the reported content replicated similarity to pre-existing Creative services.
  2. Creative Providers warrant that any content included in their Project deliverables or publicly published content shall be original work conceived by the Creative Providers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks. In the event that certain music or stock-footage media are incorporated within the Project deliverables or publicly published content, Creative Providers and warrant that they hold a valid license to use such music and or footage and to include them in the Project deliverables or publicly published content.
  3. AURUMLOGIK will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed via the link.
  4. If you come across any content that may violate our Terms, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms. All cases are reviewed by our Customer support team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
  5. To the extent that you provide AURUMLOGIK with any comments, suggestions or other feedback regarding the AURUMLOGIK platform (“Feedback”), you will be deemed to have granted AURUMLOGIK an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. AURUMLOGIK is under no obligation to implement any Feedback it may receive from users.
  6. Users may receive a warning to their account for violations of our Terms or any user misconduct reported to our Customer support team. Warnings do not limit account activity, but can lead to your account losing Creative Provider statuses or becoming permanently disabled based on the severity of the violation.
  7. While using the Services, any person agrees to:
    • not violate or assist any third party in violating these Terms, our Privacy Notice, our policies and/or any applicable law;
    • not provide false, inaccurate, outdated, incomplete and misleading information;
    • not violate intellectual property rights of any person;
    • not use the Services in any way that can damage, disable or overburden them or AURUMLOGIK, which may include but is not limited to uploading or in any other way, while using the Services, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide the Services;
    • not abuse, harass or harm our third party service providers, personnel, employees, representatives or agents, providing services to you;
    • not attempt to gain unauthorized access to the Services, Accounts, computer systems or networks connected to the Services or to extract data from the Services;
    • not share your Account and/or password with third parties;
    • not use any other person`s Account and/or password;
    • not to publish or post other people`s private and confidential information;
    • not to exchange personal information required for the completion of Project outside AURUMLOGIK Platform;
    • not to use information that received in the process of Project completion and which is not public domain for any purpose whatsoever other than for the Project completion;
    • not impersonate or misrepresent yourself as another User, Creative Provider or any third person, nor misrepresent your affiliation with any such person (AURUMLOGIK reserves the right to reject or block any Account which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person`s name or identity);
    • not make other fraudulent, false, deceptive, or misleading representations;
    • not violate any laws that apply in your jurisdiction concerning the use of our Services;
    • not violate these Terms, our Privacy Notice, our policies and/or any applicable law in any other way;
    • to register only one active account with AURUMLOGIK, any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the AURUMLOGIK will be disabled;
    • not to buy or sell AURUMLOGIK accounts.
  8. The User Terms and the Creative Provider Terms contain additional provisions of Users’ and Creative Providers’ conduct respectively.

Content Removal and Disabling or Terminating Account

  1. We can remove any content or information you share through the Services if we believe that it violates these Terms, our Privacy Notice, our policies, or we are permitted or required to do so by any applicable law.
  2. AURUMLOGIK reserves the right to refuse to provide or stop providing all or part of any Services to you (including disabling or terminating your Account) immediately without providing prior notice and reason:
    • to protect our community or Services, or;
    • if you create risk or legal exposure for us, or;
    • if you violate these Terms, our Privacy Notice or our policies;
    • if you infringe other people`s intellectual property rights, or;
    • where we are permitted or required to do so by any applicable law.
  3. AURUMLOGIK reserves the right to terminate any Account that has been inactive for a period of 12 months or more since its last activation, without any prior notice to you.
  4. If you believe your Account has been disabled or terminated in error, or you want to disable or permanently delete your Account, please contact us
    at creators@aurumlogik.com.

Payments

  1. Each party shall bear the own costs.
  2. You shall pay any taxes applicable to your use of the Services.
  3. Under no circumstances we may be responsible for any taxes that are due from you.
  4. When paying by bank transfer, you shall pay us the full fees exclusive of any transfer charges, which shall be borne by you.
  5. If we do not receive payment in time, we reserve the right to:
    • immediately suspend all the Services, including your access to ongoing Projects;
    • instruct a debt collection organization and/or law firm and commence legal proceedings against you to recover all outstanding sums due to us. You shall indemnify us for all costs, expenses, and fees incurred by us for such recovery.
  6. The fees paid to us are strictly non-refundable. We do not provide any refunds for early termination or cancellations.

Intellectual Property and User Generated Content

  1. User Generated Content ("UGC") refers to the content added by users as opposed to content created by the AURUMLOGIK Platform.
  2. All content uploaded to AURUMLOGIK Platform by our users is User Generated Content.
  3. AURUMLOGIK does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it.
  4. By uploading to, or creating content on the AURUMLOGIK platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the AURUMLOGIK platform does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party`s policies and/or terms of service.
  5. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
  6. In case of uploading USG to AURUMLOGIK Platform, you grant AURUMLOGIK permission to use USG, including apply, copy, reproduce, distribute, transmit, make derivative works from, translate, add subtitles, publicly perform, demonstrate, display and broadcast, communicate to the public, publish and republish through all means Your Content for the purpose of: (a) analyzing USG; (b) creating videos using USG, in conjunction with other content; (c) displaying those videos through the Services; and d) using USG in case of media partnership and for any promotional purposes.
  7. AURUMLOGIK may commercially distribute USG without your prior permission. Such permission is royalty-free, worldwide, non-exclusive and sub-licensable. It is given for the duration of the applicable economic intellectual property rights.
  8. If any USG has been uploaded to AURUMLOGIK Platform by a user through the Services, the user agrees that proper mention of the authorship and the source will be a) the name and the original source, or b) a link to the user`s profile on the AURUMLOGIK Platform.
  9. The AURUMLOGIK Platform, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by AURUMLOGIK and protected by copyright, trademark, and other intellectual property laws. AURUMLOGIK®, is registered trademark owned exclusively by AURUMLOGIK.
  10. Users have no right, and specifically agree not to do the following with respect to the AURUMLOGIK Platform or any part, component or extension of it:
    • copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner;
    • reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization;
    • remove any copyright notice, identification or any other proprietary notices;
    • use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the AURUMLOGIK Platform;
    • attempt to gain unauthorized access to, interfere with, damage or disrupt the AURUMLOGIK Platform or the computer systems or networks connected to the AURUMLOGIK Platform;
    • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the AURUMLOGIK Platform;
    • use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the AURUMLOGIK Platform to monitor, extract, copy or collect information or data from or through the AURUMLOGIK Platform, or engage in any manual process to do the same;
    • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems
    • use the AURUMLOGIK Platform in any manner that could damage, disable, overburden or impair the AURUMLOGIK Platform, or interfere with any other users` enjoyment of the AURUMLOGIK Platform or access or use the AURUMLOGIK Platform in any way not expressly permitted by these Terms. Users also agree not to permit or authorize anyone else to do any of the foregoing.
  11. Except for the limited right to use the AURUMLOGIK Platform according to these Terms, AURUMLOGIK owns all right, title and interest in and to the AURUMLOGIK (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the AURUMLOGIK and its content (other than User generated content) including, without limitation, the exclusive right to create derivative works.
  12. As specified in these Terms, Customers and Creative Providers will enter into a separate agreement. Still, Creative Providers agree to assign all economic rights to Project Deliverables to the Customers ordering such Project Deliverables when the latter are created. The Customers agree to grant the Creative Providers permission to include and display Projects in their portfolios (online and offline) through the Services and/or any third-party websites, applications etc.

This provision may be changed by mutual agreement of the Customer and Creative Provider.

Content Distribution and Media Partnership

  1. AURUMLOGIK may collaborate with third parties on the matters of mutual content creation and/or distribution ("Media Partner").
  2. AURUMLOGIK and the Media Partner agree:
    • not to violate intellectual property rights of one another and/or any third party;
    • to name the author of the content and provide links (when appropriate);
    • to engage in cross-promotion activities upon mutual consent;
    • that such content may be commercially distributed on terms subject to the mutual consent.
  3. Media Partner and AURUMLOGIK will enter into a separate agreement.

Links to Third-Party Websites

  1. The Services may contain links to third-party websites or services that are not owned or controlled by AURUMLOGIK.
  2. AURUMLOGIK has no control over and assumes no responsibility for the content, privacy notices, or practices of any third-party web sites or services. AURUMLOGIK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available through any such websites or services.
  3. For more information, please read these websites` or services` internal terms and conditions and privacy notices.

Liability

  1. The Services may contain links to third-party websites or services that are not owned or controlled by AURUMLOGIK.
  2. AURUMLOGIK has no control over and assumes no responsibility for the content, privacy notices, or practices of any third-party web sites or services. AURUMLOGIK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available through any such websites or services.
  3. For more information, please read these websites` or services` internal terms and conditions and privacy notices.

Disclaimers and Limitations of Liability

  1. The content displayed through the Services is provided without any conditions or warranties as to its accuracy, quality, and fit for a particular purpose or need.
  2. We do not guarantee that the Services, all information and content are error-free, reliable and will operate without interruption. The Services are provided to you on the "AS-IS" basis.
  3. If you are not satisfied with the conditions and/or quality of the Services, you must stop using the Services. Your use of the Services shall mean that you have no claims regarding conditions and/or quality of the Services against AURUMLOGIK.
  4. In no event shall AURUMLOGIK, our employees, personnel, agents, representatives and our third party service providers, be liable to you or any other individual, legal person or organization not incorporated as a legal person for any damage or loss, including any that may result from:
    • the accuracy, completeness of Services, information and content;
    • the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise);
    • the Creative Services;
    • moral or property damage;
    • third-party conduct of any nature whatsoever;
    • any unauthorized access to or use of our servers and/or any and all content, personal information, payment information or other information and data stored if such unauthorized access did not directly occur due to AURUMLOGIK`s actions or inactions;
    • any interruption or cessation of the provision of the Services;
    • any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from the Services or any third-party websites;
    • any loss or damage of any kind incurred as a result of your use of the Services, whether or not we advised of the possibility of such losses or damages;
    • losing access to your Account;
    • any errors or malfunctions caused by or otherwise related to third-party payment, banking or financial service providers;
    • other risks associated with the use of online platforms, providing matching services.

Indemnification

  1. To the extent permitted by the Applicable Law, you agree to defend, indemnify, and hold harmless AURUMLOGIK from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys‟ fees) arising from:
    • your use of and access to the Services;
    • any content you post, upload, use, distribute, store, or otherwise transmit through the Services;
    • your violation of these Terms, or your violation of any law or regulation etc., or the rights of any third party.

Force Majeure

  1. In case of any circumstances of insuperable force (i.e. events of extraordinary and insuperable nature) that have occurred and remain in effect beyond AURUMLOGIK’s and your control and that a party could neither foresee nor prevent for objective reasons, if these circumstances make proper fulfillment of the obligations hereunder by a party impossible, the term for fulfillment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force.
  2. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that make the proper fulfillment of the obligations hereunder by the parties impossible.

Privacy

  1. Personal information that you provide to us and any information about your use of the Services that AURUMLOGIK obtains will be subject to the Privacy Notice.
  2. The Privacy Notice constitutes an integral part of the Terms. The Privacy Notice can be accessed using the Privacy Notice link.
  3. Any and all communications shall be in AURUMLOGIK chat. Any communications outside of AURUMLOGIK chat is strictly prohibited.
  4. Your communications in AURUMLOGIK chat are protected.

Applicable Law and Dispute Resolution

  1. These Terms and any relations arising out of or in connection with them shall be governed by the laws of England and Wales ("Applicable Law")
  2. You and AURUMLOGIK shall endeavour to resolve through negotiations all disagreements that may arise out of or in connection with these Terms.
  3. For the purposes of resolving disputes between you and us your e-mail specified at opening the Account and e-mail correspondence with the authorized persons of AURUMLOGIK at creators@aurumlogik.com shall be effective and binding means of communication

    .
  4. If the parties fail to reach an agreement on the dispute within 30 (thirty) calendar days from the start of negotiations, the dispute shall be submitted to the competent court under the Applicable Law.

Changes to the Terms

  1. AURUMLOGIK may change the Terms at any time and in its sole discretion.
  2. The revised Terms take effect immediately and apply to your access and use of the Services from that date on.
  3. AURUMLOGIK will strive to give you prior notice about changes in these Terms and the effective date of such change as well as to give you an opportunity to review them before they go into effect. This can be done by posting a notification on the AURUMLOGIK website and/or sending you an email (if appropriate)
  4. If you continue to use the Services after we make changes to the Terms, you are signifying your acceptance of the revised Terms.
  5. If you do not agree with the revised Terms, you cannot use the Services.

Final Provisions

  1. AURUMLOGIK may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.
  2. The agreement recorded in these Terms continues indefinitely until terminated under the provisions of the Terms.
  3. These Terms, Privacy Notice, any other policies, notices and disclaimers on the Services constitute the entire agreement between you and us regarding your use of the Services.
  4. Our Customer Support team is available 24/7 if you have any questions regarding the AURUMLOGIK Platform or Terms. Contacting our Customer Support team can be performed by submitting a request via the link.
  5. The original language of these Terms, as well as all other texts throughout the AURUMLOGIK Platform, is English. AURUMLOGIK makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
  6. You will not assign or transfer any of the rights and obligations under the Terms without our prior written consent.
  7. We may assign or transfer our rights and obligations to another person without your prior written consent. In any such case we will give you prior notice.
  8. We may involve third parties to render or assist in rendering the Services.
  9. If any provision of the Terms is invalid or unenforceable under the Applicable Law or any other relevant legislation, it shall not affect the validity or enforceability of the remainder of the Terms. Such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  10. If we fail to enforce any provision of the Terms, it shall not be constituted as waiver.

CUSTOMER TERMS

Eligibility to Seek Creative Services

  1. In order to seek Creative Services you need to:
    • have created Account.
    • pay for one of the Subscription Packages
  2. It may be in our sole discretion to prohibit you from seeking Creative Services.

Requesting and Receiving Creative Services

  1. A Customer can seek Creative Services as soon as AURUMLOGIK receives payment for the Subscription Package.
  2. The Services that are bought with Subscription Packages give you possibility:
    • To send direct requests to Creative Providers in order to receive Creative Services;
    • To create Projects Offers;
    • To create Projects
  3. The exact scope of the Services is made dependent upon the Subscription Package.
  4. For the avoidance of doubt the exact number of:
    • direct requests that may be sent to Creative Providers in order to receive Creative Services;
    • Projects Offers that may be created;
    • Projects created, fully depends on terms of specific Subscription Package.
  5. Any Creative Provider has the right to deny your request. In such an event you can write another Creative Provider.
  6. When placing a request, you have to provide a Project Brief or at least specify the approximate scope of Creative Services you require.
  7. Creative Providers and Customers will enter into a separate agreement which will contain Project Brief, determine fee amount and schedule and a timeframe for Creative Services etc, i.e. create a Project.
  8. Making changes to Project to fix any mistakes, flaws or defects, if you do not accept them, is subject to your agreement with a Creative Provider.
  9. Any agreement you enter with a Creative Provider will constitute a legally binding contract directly between you and the Creative Provider.
  10. AURUMLOGIK is not responsible for the content, quality or the level of service provided by the Creative Providers. We provide no warranty with respect to the Projects, their delivery, any communications between Creative Providers and Customers.

Payments to Creative Providers

  1. Creative Services are provided on a fee basis. You have to pay for all Creative Services duly provided to you.
  2. You and a Creative Provider determine a fee schedule for Creative Services (e.g. prepayment, payment in full before the provision of Creative Services, payment in full after the provision of Creative Services etc.).
  3. A Creative Provider will provide you with an invoice and an instruction on how to pay for Creative Services.
  4. You have to pay for Creative Services in a timeframe, agreed by you and the Creative Provider.
  5. You acknowledge, agree, and understand that you pay for Creative Services to the Creative Provider directly. AURUMLOGIK does not charge you for Creative Services.

Payments to AURUMLOGIK

  1. Fee amount and schedule depend on a Subscription Package chosen by you.
  2. Fee amount and schedule for any additional services by us, including Creative Manager Services, shall be specified in a separate agreement between the User, the Creative Provider(s) and AURUMLOGIK.

CREATIVE PROVIDER TERMS

Eligibility Requirements

  1. Creative Provider may be:
    • a natural person delivering Creative Services individually (“Individual Creative Provider”);
    • a legal person or an organization not incorporated as a legal person, including team of users, who deliver Creative Services collectively (“Corporate Creative Provider”), represented by duly authorized person.
  2. Where a person is an employee of or in other contractual relations with a Corporate Creative Provider, such person must not create an Account as an Individual Creative Provider.
  3. Where a person will engage other users into deliver of Creative Services, such person must create an Account as Corporate Creative Provider.
  4. Creative Providers must meet the following criteria:
    • they have relevant education and experience;
    • they can provide AURUMLOGIK with their portfolio upon our request;
    • they have to go through an onboarding procedure.
  5. There may be additional requirements for different types of Creative Providers.

Onboarding Procedure and Upgrading an Account

  1. To start providing Creative Services, you need to upgrade your user account, by going through onboarding procedure, which you can initiate on AURUMLOGIK platform.
  2. During the course of the onboarding procedure, we may ask you to provide us with certain information, documents and/or your portfolio, which we shall handle in accordance with our Privacy Notice.
  3. If the outcome of the onboarding procedure is positive, we will upgrade your user account by providing its status of Creative Provider account.
  4. For the avoidance of any doubt it is in sole discretion of AURUMLOGIK to decide on the outcome of the onboarding procedure.
  5. You are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of Creative Services.

Providing Creative Services

  1. After we have created an Account for you, your profile may become visible on the AURUMLOGIK platform for any user.
  2. Creative Provider have access to Public Project Offers published by users.
  3. Creative Provider may upon their decision contact a Customer regarding Public Project Offer published by such Customer via the AURUMLOGIK platform. For the avoidance of doubt the mere fact of such contact shall not be construed as enforceable contract.
  4. Customer may contact a Creative Provider directly and send a Private Project Offer. Creative Provider has the right to deny such requests. For the avoidance of doubt the mere fact of such contact shall not be construed as enforceable offer.
  5. If a Creative Provider and a Customer reach mutual consent regarding particular Project Brief, a Project is created.
  6. You and the User have to separately agree on the terms of fixing mistakes, flaws and defects in Creative Services provided.
  7. Any agreement you enter with a User will constitute a legally binding contract directly between you and the User.
  8. By offering a service, the Creative Provider undertakes that he has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered by him.
  9. If a Creative Provider has placed information on his publicly accessible account about using specific pricing model for specific services and/or special offers, a Customer has the right to demand the use of such pricing models and/or special offers.
  10. You may engage with Customers and issue invoices in any form using the AURUMLOGIK chat, provided that is does not violate any rules applicable to such process.
  11. AURUMLOGIK retains the right to use all publicly published Project Deliverables for AURUMLOGIK marketing and promotional purposes.
  12. Creative Providers should recognize that there might be a need for Customers to disclose certain confidential information to be used by Creative Providers for the purpose of completing Project, and to protect such confidential information from unauthorized use and disclosure. Therefore, Creative Providers agree to treat any information received from Customers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Creative Providers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for completing Project; and (vi) not to copy or reproduce any of the information without the Customer`s permission.

Project milestone

  1. Projects may include up to 10 project milestones, the minimum amount for every milestone may vary. Each milestone is paid and delivered separately in accordance with aProject Brief.
  2. Once a milestone is delivered and marked as completed, Customers may choose to either continue with the Project and pay for the next milestone, or to stop the Project. If user does not pay for the next milestone within 14 days of acceptance of previous milestones, the Project under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 14 days after being marked as Delivered, however, in such case all further milestones will not start.

Standards of Conduct

  1. When communicating with Customers and providing Creative Services you have to:
    • provide Creative Services diligently;
    • complete each Project according to its requirements, with integrity and the highest standards of professional conduct;
    • do so in compliance with these Terms and any rules that may apply to you;
    • treat and communicate with Customers and us, their employees, and our employees, with respect, courtesy, and professionalism.
  2. You are solely liable for compliance with rules that may apply to your advertisements and marketing activities through the Services, transparency, and pricing and any other profession regulation that may apply to you.

Payments to AURUMLOGIK

  1. AURUMLOGIK does not charge you for information and coordination services.
  2. You may, at your sole discretion, order additional services or subscriptions from AURUMLOGIK.
  3. The exact scope of such services and fee amount and schedule shall be available on AURUMLOGIK website and AURUMLOGIK applications.

GENERAL PAYMENT TERMS

Taxes

  1. AURUMLOGIK may be required by applicable laws to charge users with indirect taxes (such as Sales Tax, VAT or GST) or to withhold taxes. Any amount AURUMLOGIK will be required to collect will be in addition to the purchase amount and any other fees payable by the Customer, and any amount AURUMLOGIK will be required to withhold will be deducted from the Creative Provider`s revenue, as required by applicable laws.
  2. Indirect taxes are in addition to the price shown on the site, and in any event, any such taxes will always be displayed to the Customer before payment.
  3. Users are responsible for paying any direct or indirect taxes, including any GST, VAT, or income tax, which may apply to them depending on residency, location or otherwise, under provisions of their jurisdiction.

Project Cancellation

  1. We encourage Customers and Creative Providers to resolve any disputes mutually through negotiation.
  2. Eligibility for requests to AURUMLOGIK to cancel a Project will be assessed by us based on a number of factors, including violations of these Terms and/or any other factors that we may deem appropriate.
  3. Completed projects (or, where applicable, completed milestones) may be canceled, upon our review, up to 14 days after the Project (or Milestone) is marked as complete. Please be advised that Projects cannot be partially canceled (i.e. we can only cancel the entire Project  when it is justified).
  4. Projects are not eligible to be canceled based on the quality of Project Deliverables delivered by the Creative Provider if the service was rendered as described in the Project Brief.
  5. Any non-permitted usage of AURUMLOGIK platform encountered during a Project, after being reviewed by us, may result in the Project being canceled.
  6. We may cancel ongoing Projects (i.e. any Project except for completed ones) if one of the following conditions applies:
    • Creative Provider missed deadlines established in Project and unresponsive for more than __ hours from the moment the Project deadlines being missed.
    • Users are abusive towards the other party through threats of any kind or leveraging order materials against each other.
    • Users supplied or included copyright/trademark infringing materials as part of Project Brief or Project Deliverables.
    • User is no longer an active AURUMLOGIK user due to Terms of Service violations or closure of their account.
  7. We may cancel delivered but not completed Projects if one of the following conditions applies:
    • the Creative Provider misuses the Delivery system.
    • The Creative Provider delivers no files and/or proof of work related to the agreed upon Project Brief.
    • The Creative Provider requests additional payments, on or off the AURUMLOGIK platform.
    • The Creative Provider is withholding the final delivery of services for purposes not related with Project directly.
  8. We may cancel completed Projects if one of the following conditions applies:
    • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.

Chargebacks

  1. AURUMLOGIK reviews cases of payment provider chargebacks and disputes on behalf of Creative Providers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the Creative Provider`s favor. If the chargeback case allows, AURUMLOGIK (or one of AURUMLOGIK`s Payment Services Providers) will return parts or full revenue back to Creative Providers, otherwise the chargeback amount will be borne by the Creative Provider.