Terms and Conditions

Last updated on 15th Oct, 2019

These Forge Design Services Terms and Conditions (“Terms”) govern access to and use of the Forge Design (“Forge,” “we” or “us”) services and websites (collectively, the “Forge Services”) by site visitors (“Visitors”), by those creative professionals or entities who provide design services to or via Forge Design (“Creatives”) and those individuals or entities who purchase those services from or via Forge Design (“Clients”), collectively our “Users”. By using the Site or any of the Forge Services, you as a User accept these Terms (whether on behalf of yourself or a legal entity you represent).

If you are a Client and you or your organization are bound by a separate services agreement with Forge Design (“Corporate Terms”), then these Terms will apply, if at all, only to use of the Forge Services to the extent that such use is not already governed by such Corporate Terms.

By accessing or using any of our services you agree to follow and be bound by these Terms. If you do not agree to these Terms, you are not authorised to use the Forge Services and must cease using them immediately.

Definitions

Users. All those using the Forge Services, whether in the capacity of Visitors, Clients, Creatives or otherwise.

Creatives. Professionals or entities who provide design services to Forge Design or via the Forge Services.

Clients. Professionals or entities who purchase design services from Forge Design or via the Forge Services.

Corporate Terms. Any commercial agreement arranged between Forge Design and another party for the purposes of carrying out a specific project.

Assignment. The body of work defined by the Client to be undertaken by the Creative, resulting in a specific named Deliverable(s).

Deliverable(s). Required products of an Assignment as specified by the Client, that may take the form of images, documents, models, computer files or any other unique configuration as specified by the Client.

Assignment Completion Date. The deadline for each Assignment, as specified by the Client.

Assignment Schedule. The unique description of the Assignment specifying the work to be carried out and any other aspects of the project including location, quality criteria, working practices or Client-specific arrangements.

Location. The site at which the Assignment will be carried out by the Creative.

1. Eligibility to Use

1.1. You represent and warrant that you are of legal age (18 years of age or older, or otherwise of legal age in your resident jurisdiction) and competent to agree to these Terms. If we have previously prohibited you from using the Forge Services, you are not permitted to use the Forge Services. If you are agreeing to these Terms on behalf of an organisation or entity, you represent and warrant that you are authorised to agree and bind them to these Terms on their behalf (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organisation or entity).

1.2. Limited License. Upon your acceptance of these Terms, we grant you a limited, non-exclusive and non-transferable license to access and use the Services for business purposes and only as expressly permitted in these Terms. You shall not use or permit use of the Services for any illegal purpose or in any manner inconsistent with the provisions of these Terms.

2. Other Applicable Terms.

2.1. These Terms refer to the following additional terms, which also apply to your use of our Services.

2.2. Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.

2.3. Our Cookie Policy, which sets out information about the cookies used on our website.

2.4. Any Confidentiality Agreement, which may be required between you and us to undertake certain projects.

3. Responsibilities. 

The nature of Forge’s work means we have to trust all our Users to act in good faith and to honour the commitments they make. To that end, the following list summarises the expectations of all Users. By using Forge Services you agree to use all reasonable endeavours to act in accordance with the following:

3.1. Timing. Creatives will honour timing agreements that they enter into, and ensure they conduct work in a timely and professional manner.

3.2. Unexpected circumstances. In the event that a Creative is unable to discharge their responsibilities through no fault of their own, such as an unexpected illness or a sudden change in personal circumstances; they will inform Forge within 24 working hours.

3.3. Project commitment. A Creative shall not sign up to a project if they are unsure they can commit the hours required, or know of any reason they will not be able to deliver the work to the agreed standard. Clients will only publish briefs for work that they know to exist. If a brief is speculative this will be clearly indicated, using website tools where available or by clearly stating in the early documentation.

3.4. Clarity of briefing. Although design is often subjective by its nature, Clients undertake to provide clear design briefs, and to make their criteria as objective as possible. Forge will work with them to ensure expectations are clear and to increase satisfaction in the final deliverables.

3.5. Payment. Clients will pay promptly, within 30 days of invoice (unless agreed otherwise in writing).

4. Image Usage Rights.

4.1. As part of its service to find suitable project work for Creatives and market their talents Forge Design will display and, from time to time, use examples of their previous work as evidence of their capability and the quality of the design services Forge Design can provide to Clients. By using the Forge website, Users extend an unlimited and free licence to Forge Design to use any imagery they upload or otherwise provide to Forge Design for this purpose, and waive the right to charge any fee to Forge Design or place any restriction on such use.

4.2. Users also warrant that any images they provide to Forge Design, or upload for the purposes of displaying on their profile, do not encroach or violate the intellectual property rights of any third party. Users that become aware of any such encroachment or improper use will inform Forge Design immediately. Any images that are found or deemed by Forge Design to have violated the rights of third parties will be removed as soon as practicable.

4.3. The intellectual property rights in any work carried out by a Creative for a Client during a paid Assignment will be governed by the intellectual propery clauses in that specific Assignment Schedule.

5. Using the Site

5.1. In order to provide an effective service to our Clients, it is necessary for Forge to request and process information about our Creatives (‘Personal Information’). Such information may include location, notice period, level of experience in a particular field, or your availability for work. You undertake to ensure that this Personal Information is accurate at the time of provision and to take all reasonable steps to keep it up to date, by contacting us or updating your profile information, whenever it changes.

5.2. Users consent to Forge Design using this Personal Information for the purposes of finding design work, matching them with suitable projects and Creatives and generally providing the best possible service to Clients and Creatives alike.

5.3. During and in connection with each Assignment, the Creative shall:

5.3.1. carry out each Assignment with all due care, skill and ability and in accordance with good industry practice in accordance with the project brief and to the satisfaction of Forge Design;

5.3.2. provide the Deliverables;

5.3.3. complete the Assignment by the Assignment Completion Date and adhere to any timelines or milestones specified in the Assignment Schedule;

5.3.4. use all reasonable endeavours to promote the interests of Forge Design;

5.3.5. undertake the Assignment in the capacity of a specialist in relation to the Assignment and except as expressly agreed in the Assignment Schedule, provide all equipment necessary for the provision of the Assignment and ensure that such equipment is operated correctly, meets all applicable safety standards and statutory requirements, is maintained in good working condition, is kept secure when at the Location and is adequately insured;

5.3.6. have control of ensuring the requirements of the Assignment Schedule are met;

5.3.7. promptly give to the Forge Design all such information and reports as it may reasonably require in connection with matters relating to the provision of the Services;

5.3.8. Provide bank details and all other details as required, including where necessary certificate of incorporation and VAT registration (if applicable);

5.3.9. not act or omit to act in any way which might harm the reputation or interests of Forge Design; and

5.3.10. complete the Assignment either as a sub-contractor of Forge Design to the Client at the Location, or as a sub-contractor of the Client at the Location, and in so doing:

(i) comply with all reasonable and lawful instructions of the Client (to the extent that such instructions do not conflict with the instructions or interests of Forge Design or otherwise conflict with the terms of this Agreement);

(ii) act professionally at all times;

(iii) comply with the policies and procedures of the Client from time to time in force (including without limitation all health and safety policies and procedures) and report to Forge Design and the Client any unsafe working conditions or practices relating to the Services;

(iv) not damage, tamper with, use without consent or otherwise trespass on any property of the Client;

(v) not cause unnecessary inconvenience or disruption to the Client’s operations; and

(vi) keep Forge Design promptly informed of any issues which arise in relation to the Services, the Client or the Location.

5.4. Time shall be of the essence for the performance of the Assignment.

5.5. The Creative offers specialist services at a high level of expertise. Subject to the terms of this Agreement (including without limitation the Assignment Schedule) Forge Design shall not otherwise control nor have the right of any control how the Creative shall perform the Assignment and the Creative shall be entitled to use its own initiative in how the Assignment shall be completed.

5.6. Payment will be made on satisfactory completion of the Deliverables. If the Creative is unable to execute the Assignment for any reason including illness or injury, payment may be withheld.

6. The Creative shall make themselves available at all times on reasonable notice to provide such assistance or information as Forge Design may require in relation to any Assignment.

7. Imposition of Penalties

7.1. To maintain trust between all parties, and protect an environment for those that act responsibly, Forge reserves the right to take certain actions against Users who contravene any of the terms above. Subject to the contravention, this may include: the unilateral adjustment of Feedback Scores; the suspension of a User account; or the revoking or restriction of access to the Services.