3.1. General

3.1.1. To use the Platform, the User must first create and log into its registered Account via the Site.

3.1.2. At all times, the User agrees:

(a) to use the Platform in accordance with these Terms of Service; and

(b) that it is authorised to establish and maintain its Account on the Platform.

3.1.3. THE CUSTOMER MAY UPLOAD ITS OWN MASTER SERVICES AGREEMENT OR OTHER DOCUMENTATION TO THE PLATFORM (CUSTOMER TERMS) AND REQUIRE THE CREATOR TO ACCEPT SUCH CUSTOMER TERMS AS A PRE-CONDITION TO PROVIDING ITS SERVICES TO THE CUSTOMER IN RELATION TO A PROJECT BRIEF. SUBJECT TO CLAUSE 3.1.4, TO THE EXTENT THAT THE CUSTOMER TERMS CONFLICT WITH THESE TERMS OF SERVICE THE CUSTOMER TERMS SHALL PREVAIL.

3.1.4. THE RIGHTS, PROTECTIONS AND ENTITLEMENTS OF THE COMPANY UNDER THESE TERMS OF SERVICE WILL NOT BE ADVERSELY AFFECTED BY ANY CUSTOMER TERMS.

3.2. Submitting a Project Brief - Customers

3.2.1. The Customer may submit a Project Brief on the Platform by completing a questionnaire, including some or all of the following information (to the extent available):

(a) all details of the desired Content, including content type, style and other related details;

(b) budget;

(c) timelines and deadlines; and

(d) any specialist skills requested.

3.2.2. The Customer shall receive any Quotes submitted by Creators directly to its Customer Account and by email.

3.2.3. Once the Customer has received an Quote, the Platform will enable the Customer to:

(a) review the Quote;

(b) review the Creator’s portfolio of work (where available); and (c) communicate with the Creator directly to discuss details of the Project Brief, confirm the Project Fee and accept the Quote.

3.3. Submitting a Quote - Creators

3.3.1. The Platform will allow the Creator to:

(a) browse and search available Project Briefs;

(b) contact a Customer to ask questions about its Project Brief; and

(c) submit a Quote to a Customer.

3.3.2. The Creator can submit a Quote on a Customer’s Project Brief by completing a questionnaire including the following information (to the extent available):

(a) all the details of the milestones, deliverables and deadlines; and

(b) costs and taxes (if applicable) associated with the creation and delivery of the Content.

3.4. Confirmation and Payment

3.4.1. When the parties have agreed the Quote, the Customer shall pay the Project Fee via the payment portal on the Platform and in accordance with the payment terms set out in clause 4.

3.4.2 The Creator hereby authorises the Company (acting as the Creator’s agent) to issue VAT invoices on its behalf to the Customer in respect of the Project Fee.

3.4.3 The Creator agrees to provide the Company with all information necessary to allow the Company to issue a valid VAT invoice that meets the requirements of applicable law. The Creator acknowledges that the Company shall be entitled to rely on any information provided by the Creator for the purpose of allowing the Company to issue invoices on its behalf.

3.4.4 The Creator agrees to immediately update the Company if there are any changes to the invoicing information provided by the Creator pursuant to clause 3.4.3 above.

3.4.5 The Creator warrants and represents that all information it provides to the Company for the purpose of allowing the Company to issue VAT invoices on its behalf shall be complete and accurate in all respects. The Creator agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of the Creator’s failure to provide accurate or updated invoicing information.

3.4.6 The Company shall not be responsible or liable for verifying the VAT status of the Customer, the Project and/or the relevant transaction, which shall be the sole responsibility of the Creator. Unless otherwise informed by the Creator, the Company shall produce invoices on the basis that the Creator is supplying standard-rated services in the UK for VAT purposes.

3.4.7 The Company shall use a VAT sequence to number any invoices issued to a Customer(s) on the Creator’s behalf. The VAT number will be in the form BMARKET-CREATORID-INVOICEID, where CREATORID is the identifier of the Creator Account and INVOICEID is an incrementing sequence of numbers starting at 000001.

3.5. Change Requests

3.5.1. Following acceptance of a Quote, the Customer shall communicate any changes to instructions or any additional requests for the Project to the Creator directly.

3.5.2. Any changes shall be subject to additional agreement between the parties including without limitation changes to the Project Brief, Quote, the Project Deadlines and/or Fees, and such changes will be recorded via the Platform.

3.5.3. Where the parties agree to any additional Fees for the changes, the Customer shall make payment into the Payment Account in accordance with clause 4.

3.6. Communication Conduct

3.6.1. Creators and Customers may use the Platform to communicate instructions and questions relating to the Project.

3.6.2. The User acknowledges and accepts that:

(a) the Company accepts no responsibility for the conduct of any User of the Platform.

(b) the Company accepts no responsibility for any interaction between Users, whether that interaction occurs via the Platform or not.

(c) the Company makes no warranty or representation as to the accuracy of any information provided by any User.

(d) the Company makes no warranty as to the character, skills, capabilities and/or credentials of any User.

3.6.3. If a User believes that another User’s behaviour is threatening, discriminatory, or otherwise contrary to the Acceptable Use Policy, the User may transmit a complaint to the Company via email at abuse@blend.media

3.6.4. The Company may suspend or delete the Account of any User that the Company deems to have conducted itself inappropriately or otherwise to be in breach of the Acceptable Use Policy.

3.6.5. The Company will advise the User of a suspended or deleted Account of the decision to do so but is under no obligation to identify any complainant.

3.6.6. The Company’s decision whether or not to suspend or delete an Account is at its absolute discretion. The Company’s decision shall be final and not subject to review.

3.7. Completion

3.7.1. Upon the Creator’s completion of the Project, the Creator shall upload all Content forming part of the Project to the Platform, and the Customer shall be notified (Completion Notification).

3.7.2. The Customer will then have 5 Business Days from the date of the Completion Notification (Acceptance Period) to do any of the following via the Platform:

(a) confirm acceptance of the Content (Customer Acceptance);

(b) request changes to the Content; or

(c) report an issue with the Content and/or request a refund.

3.7.3. The Company shall authorise the Payment Provider to release payment of the Project Fee minus the Platform Fee to the Creator within 5 Business Days from the date of Customer Acceptance. If at the completion of the Acceptance Period the Customer fails to either submit Customer Acceptance, request any changes or report any issues, then the Customer shall be deemed to be satisfied with the quality of the Project. The Company shall release payment to the Creator within 5 Business Days from the completion of the Acceptance Period and the Customer will have no recourse or remedy thereafter.

3.7.4. In the event the Customer requests a change to the Content under clause 3.7.2(b):

(a) Where the requested change(s) to the Content are within the scope of the Project, the Creator shall complete such changes before uploading the amended Content to the Platform for Customer Acceptance, and the procedure set out in clauses 3.7.1 to 3.7.3 will re-commence; or

(b) Where the requested change(s) to the Content are outside of the scope of the Project, then the change request procedure under clause 3.5 shall apply.

3.9. Following Customer Acceptance of the Project, the Customer may complete a feedback form to rate the Customer’s experience with the Creator and the Customer’s level of satisfaction regarding the Project. The Customer agrees to provide accurate information and not to unreasonably give the Creator a low or misleading rating.

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