Service Terms and Conditions

Refund Policy

A. DesignCrowd - Service Terms and Conditions

Last updated: 26 August 2025

1 These Service Terms and Conditions

These “Service Terms and Conditions” form part of your agreement with us and should be read in conjunction with the Terms of Use.

2 Registration

To use the DesignCrowd Service, You must register yourself through Your Account as a “Designer / Creative” or a “Client”.

3 DesignCrowd Service

(a) The DesignCrowd Service is an online platform where:

(i) Clients seeking Works from Designer / Creatives can post Briefs for a Paid Project and seek to obtain Submissions from Designer / Creatives to such Briefs;

(ii) We and other Community Administrators can run Community Contests and seek to obtain Submissions(s) from Designers / Creatives to such Community Contests; and

(iii) Designer / Creatives can submit Submissions and Works in response to Paid Projects and Community Contests.

(b) A Designer / Creative may use the DesignCrowd Service to:

(i) create and modify a profile in Your Account;

(ii) submit Submissions to Community Contests and Briefs; and

(iii) submit Works to Clients and Community Administrators.

(i) post Briefs requesting Submissions for Paid Projects; and/or

(ii) purchase Works from Designers / Creatives for Paid Projects.

(d) A Client must:

(i) only use or provide a Brief where it has a genuine good faith intention is to purchase a Work from a Designer / Creative; and

(ii) not use the DesignCrowd Service to generate ideas and to use these ideas with no intention of purchasing any Work.

4 Rules

(i) Clients and Designer / Creatives must comply with the Rules for Paid Projects in respect of Paid Projects, including how they govern how Clients can post Briefs in relation to a Project, and how Designers / Creatives can submit Submissions in respect of such Briefs

(ii) Designers / Creatives must comply with the Rules for Community Contests in respect of Community Contests, including how they govern how Designers / Creatives can submit Submissions in respect of such Community Contests.

5 Withdrawal of Works.

(a) A Designer / Creative may remove any of its Submissions (and applicable Works) from the DesignCrowd Service at any time provided that Work(s) has not been selected as the Winning Work (or approved the Work for a One Designer / Creative Project), and/or for Paid Projects the Designer / Creative has not been paid for such Submission (and applicable Work(s)).

(b) Where a Submission (and applicable Works) have been removed in accordance with paragraph (a), Client has no further rights in respect of the Submission (and the applicable Work(s)) including any right to pay for the ongoing use the Work(s).

6 Payments

(a) In order to launch a Paid Project, a Client must first:

(i) pay to Us the value of any applicable Project Posting Fee; and

(ii) pay to Us an amount equal to the relevant Project Budget,

in accordance with the Fees Schedule.

(b) Payments made by a Client under paragraph (a) remain Our property and are not directly attributable to any future payment to Designer / Creatives.

(c) The Client may request a refund of certain fees paid for Paid Project in accordance with Our refund policy for Paid Projects set out in the Rules for Paid Projects.

(d) In the event Client receives a refund in accordance with the Rules for Paid Projects, the Client will have no further rights to any Submission or Work(s) in connection with the relevant Paid Project.

(e) A Designer / Creative will not receive any payment for any of its submitted Work(s) unless:

(i) for Community Contests, the Designer / Creative’s Work is selected as a Winning Work, and only then to the extent that there is a monetary prize for that Community Contest; and

(ii) for Paid Projects, in the case of:

(A) Multiple Designer / Creative Contests, the Designer / Creative’s Work is selected as a Winning Work;

(B) Guaranteed Multiple Designer / Creative Contests, the Designer / Creative’s Work is selected by Us (in the event of the Client’s failure to select a Winning Work); or

and in such circumstances the amounts that the Designer / Creative will be paid are as calculated in accordance with the Rules for Paid Projects.

(f) A Designer / Creative will not receive any payments in respect of a Submission or Work(s) other than as set out in paragraph (e). Designer / Creative acknowledges any payments require Our approval and are agreed between Us and the Designer / Creative (and not the Client) and are subject to Our Fees to Designer / Creatives outlined in the Fees Schedule. Designer / Creative acknowledges We will receive payment from Clients based on Fees agreed between the Client and DesignCrowd and the commissions outlined in our Fees Schedule.

7 No Contact

7.1 Designer / Creative must not contact a Client of a Paid Project other than via the DesignCrowd Service for a period of 90 days from the end of each applicable Paid Project unless the Designer / Creative is invited to by the applicable Client.

B. DesignCrowd - Rules for Paid Projects

8 Briefs and Requirements.

(a) In using the DesignCrowd Service, Client must prepare and post to Our Website its Requirements in a Brief.

(b) Client must:

(i) set out its important Requirements in the "Must Have" section of the Brief; and

(ii) ensure such Requirements are sufficiently specific and able to be verified objectively (including, by way of example, colour, text and layout)

(Concrete Requirements).

(c) Designer / Creative must ensure that each of its Submissions satisfy the applicable Concrete Requirements and Minimum Design Standards.

9 Project Type.

9.1 Each Project posted by Client must be either a "Multiple Designer / Creative Contest" or a "One Designer / Creative Project", as described below.

(a) Multiple Designer / Creative Contests.

(i) In a Multiple Designer / Creative Contest, Client may receive multiple Works from different Designers / Creatives.

(ii) There are two types of Multiple Designer / Creative Contest, namely:

(A) Non-Guaranteed: Here, Client may select and purchase a Winning Work from the Work(s) submitted by the Designer / Creative to the Paid Project; or

(B) Guaranteed: Here, Client must select and purchase a Winning Work from the Work(s) submitted by the Designer / Creatives to the Paid Project.

(b) One Designer / Creative Projects.

(i) In a One Designer / Creative Project, Client may invite a particular Designer / Creative to work with them on a Paid Project or have a suitable Designer / Creative appointed by DesignCrowd.

(ii) Where a Client selects a particular Designer / Creative to work with, the selected Designer / Creative may accept or decline the invitation to work. Where the invitation to work is accepted by the Designer / Creative, the Designer / Creative must proceed to create the relevant Works described in the Brief.

(iii) Where DesignCrowd appoints a Designer / Creative to a One Designer / Creative Project and that Designer / Creative accepts the invitation to work with the Client, the Designer / Creative must proceed to create the relevant Works described in the Brief.

10 Project Budgets.

(a) A Project Budget to be payable to Designer / Creative will be set by DesignCrowd prior to launch based on the package selected by the Client.

(b) The Client must pay the full amount based on the package selection and Fee Schedule, regardless of the Project Budget agreed with the Designer / Creative(s).

11 Timeframes

(a) For Submissions for Multiple Designer / Creative Contest(s).

(i) Following Our receipt from the Client of an amount equal to the Project Budget, the Project will be launched and the Brief will be published on Our Website (provided that the payment has been cleared by one of Our third party payment providers).

(ii) The Paid Project will be 'open' for a specific timeframe (of no longer than 60 days), as determined by the Client. This duration determines how long the Client will allow for Submissions to be provided by Designers / Creatives ("Date for Multiple Designer / Creative Contest(s) Submissions"). Client may extend such date for each Paid Project for reasonable periods of no more than 45 days (unless agreed to by Us), but it must not shorten any such timeframes.

(b) For One Designer / Creative Project(s).

(i) Following:

(A) publication of the applicable Brief and the selection or appointment of a Designer / Creative; and

(B) Our receipt from the Client of an amount equal to the Project Budget,

the Project will be 'open' for a given timeframe, as determined by the Client. This duration determines how long the Client will allow for Submissions to be provided by the selected Designer ("Date for One Designer / Creative Project(s) Submissions"). Client may extend such date for each Paid Project for reasonable periods of no more than 45 days (unless agreed to by Us), but it must not shorten any such timeframes.

(ii) Paid Projects that are past their Date for Multiple Designer / Creative Contest(s) may be closed by Us after reasonable attempts to contact the Client to arrange for the Paid Project to be concluded.

12 Procedure and Deadlines for Selecting a Work for a Multiple Designer / Creative Contest

(a) For all Multiple Designer / Creative Contests:

(i) Prior to the date 15 days after the expiry of the Date for Multiple Designer / Creative Contest(s) Submissions ("Date for Selecting a Contest Work"), Client:

(A) may (in the case of Non-Guaranteed Multiple Designer / Creative Contests) select a Winning Work from all of the Work(s) submitted by Designer / Creative(s) in response to the applicable Brief; or

(B) must (in the case of Guaranteed Multiple Designer / Creative Contests) select a Winning Work from all of the Work(s) submitted by Designer(s) in response to the applicable Brief.

(ii) In the event the Client extends the Date for Multiple Designer / Creative Contest(s) Submissions prior to the expiry of the initial date for Submissions in accordance with clause 11(a) of this section B, the Deadline for Selecting a Contest Work will be extended until the date that is 15 days from the new Date for Multiple Designer / Creative Contest(s) Submissions.

(b) For a Multiple / Designer / Creative Contest that is a Guaranteed Multiple Designer / Creative Contests:

(i) where the Deadline for Selecting a Contest Work elapses:

(A) and Client has selected a Winning Work, We may make payment to the Project Budget to the Designer / Creative who has been selected as the winner, and that Client and Designer / Creative must then enter into a Designer / Creative - Client Contract in accordance with the Terms of Use such that the applicable rights in the relevant Work will transfer to Client in accordance with the terms of the Designer / Client Contract; or

(B) without Client selecting a Winning Work, We may award the Project Budget to a Designer / Creative of Our choice or may divide the Project Budget between all Designers / Creatives that submitted Works for the relevant Paid Project. If We select one Designer / Creative on behalf of the Client, that Client and Designer / Creative must enter into a Designer / Creative - Client Contract in accordance with the Terms of Use such that the applicable rights in the relevant Work will transfer to the Client in accordance with the terms of the Designer / Client Contract, as they would if the Client had selected the Work itself.

(i) where the Deadline for Selecting a Contest Work elapses:

(B) without the Client selecting a Winning Work and a refund of the Project Budget is not requested by the Client within the time limit specified by our refund policy, We may award the Project Budget to a Designer / Creative of Our choice or may divide the Project Budget between all Designers / Creatives that submitted Works for the relevant Paid Project. If We select one Designer / Creative on behalf of the Client, that Client and Designer / Creative must enter into a Designer / Creative - Client Contract in accordance with the Terms of Use such that the applicable rights in the relevant Work will transfer to the Client in accordance with the terms of the Designer / Creative ? Client Contract, as they would if the Client had selected the Work itself.

13 Procedure and Deadlines for Selecting a Work for a One Designer / Creative Project.

(a) The Client must approve the Work where the Project is either “Guaranteed” or “Refundable”, prior to the date 15 days after the expiry of the Date for One Designer / Creative Project(s) Submissions ("Deadline for Approving the Work").

(b) In the event Client extends the Date for One Designer / Creative Project(s) Submissions prior to the expiry of the initial date for Submissions in accordance with clause 11(b) of this section B, the Deadline for Approving the Work will be extended until the date that is 15 days from the new date for Submission.

(c) Following the Deadline for Approving the Work, and provided a refund of the Project Budget is not requested by the Client within the time limit specified by Our refund policy, We may make payment to the Project Budget to the relevant Designer / Creative, and that Client and Designer / Creative must then enter into a Designer / Creative - Client Contract in accordance with the Terms of Use such that the applicable rights in the relevant Work will transfer to the Client in accordance with the terms of the Designer / Client Contract.

14 Reviewing Submissions.

Client is responsible for reviewing all Submissions provided by Designers / Creatives through the DesignCrowd Service in response to each Brief posted by Client.

15 Revisions.

(a) Client may request revision(s) to the Work(s) which must be undertaken by a Designer / Creative without change to the Project Budget in accordance with the following:

(i) where Designer / Creative’s Submissions do not satisfy the Concrete Requirements of the Brief, the Designer / Creative must, upon Client’s request, revise the Work until the Concrete Requirements are met; and

(ii) where Client requests Revisions for any reason other than under paragraph (i), Designer / Creative may (at its discretion and without obligation) perform the requested Revisions.

(b) Client may also request major changes to its Submissions and Designer / Creative may (at its discretion) undertake any such changes and may (at its discretion) request payment of a fee for any such changes. Such requests must be made via the DesignCrowd Site or with involvement of Our customer service team.

(c) For the avoidance of doubt, Designer must not commence any revision work that requires payment without the prior authorisation of the Client.

16 Non-Public Projects.

16.1 When posting a Paid Project to the DesignCrowd Service, Client may select an option to stop the Paid Project from being made available for viewing on parts of the DesignCrowd Service that are available to members of the public. Please note the Paid Project will still be visible on the DesignCrowd Service to registered and logged-in users of the DesignCrowd Service. Client will be required to pay any applicable Fees for this "non-public" option. Client acknowledges that We are unable to guarantee that the Paid Project (or parts thereof) will not be disclosed or made available by third parties under this “non-public” option.

17 Our Refund Policy

17.1 Multiple Designer / Creative Contest refunds.

(a) Client is eligible for a full refund of its Project Budget (excluding any Project Posting Fees and Upgrade Fees paid to Us and excluding the applicable transaction fee(s)) in respect of a Project by requesting a refund in writing using the procedure on the DesignCrowd Site ("Refund Request"), if:

(i) it has not selected a Winning Work from the Works submitted (if any) in response to a Brief;

(ii) the Multiple Designer / Creative Contest is not a Guaranteed Multiple Designer Contest; and

(iii) the Refund Request is made within 60 days of launching the relevant Paid Project.

17.2 Project Posting Fees.

(a) Client is eligible for a full refund of its Project Posting Fees and Upgrade Fees (excluding the applicable transaction fee(s)) in respect of a Paid Project by submitting a Refund Request, if:

(i) no Submissions are made by any Designers prior to the Deadline for Multiple Designer / Creative Contest Submissions;

(ii) none of the Submissions provided by Designer(s) meet the Concrete Requirements outlined in the Brief; or

(iii) none of the Submissions provided by Designer(s) meets DesignCrowd’s Minimum Design Standards as assessed by Us,

and the Refund Request is made within 14 days after expiry of the Deadline for Selecting a Contest Work.

17.3 One Designer / Creative Projects.

Client will be eligible for a full refund of its Project Budget (excluding any Payment Posting Fees and Upgrade Fees paid to Us and excluding the applicable transaction fee(s)) in respect of a Paid Project by submitting a Refund Request, if:

(a) the One Designer / Creative project is stated to be “Refundable” and the Client has not approved payment to the selected / appointed Designer / Creative;

(b) no Submissions are made by any Designers / Creatives prior to the Deadline for One Designer / Creative Project(s) Submissions;

(c) all the Submissions provided by the Designer / Creative do not meet the Concrete Requirements outlined in Client’s Brief as assessed by Us; or

(d) all the Submissions do not meet DesignCrowd’s Minimum Design Standards as assessed by Us,

and the Refund Request is made within 14 days after expiry of the Deadline for Approving the Work.

17.4 Exceptions.

(a) Subject to paragraph (b), notwithstanding the terms above, Client is not eligible for and will not receive any refund where:

(i) the Project / Contest is “Guaranteed”; or

(ii) Client has already selected a Winning Work.

(b) Nothing in Our Refund Policy shall operate to exclude or restrict any guarantee in the Australian Consumer Law that protects the purchasers of goods and services in certain circumstances.

C. Definitions and Interpretation

Capitalised terms have the same meaning as given in the Terms of Use and:

Brief means a document setting out the Requirements for each Paid Project;

Client means a person or entity that registers with Us for the DesignCrowd Service as a “DesignCrowd Client” in accordance with Our registration procedure;

Community Administrator means Us or an authorised registered user of the DesignCrowd Service who is running a Community Contest;

Community Contest means a competition where a Winning Work will be voted on by registered users of the DesignCrowd Site, as further described in the Rules for Community Contests;

“Deadline” refers to either the Deadline for Approving the Work or the Deadline for Selecting a Contest Work, as relevant;

Deadline for Approving the Work means the time before which the Client must approve a Work in a One Designer / Creative Project, as further described in the Rules for Paid Projects;

Deadline for Selecting a Contest Work means the for the time before which:

(i) the Client must select a Winning Work in a Multiple Designer Contest, as further described in the Rules for Paid Projects; or

(ii) registered users of the DesignCrowd Services must select (by way of a vote) a Winning Work in a Community Contest, as further described in the Rules for Community Contests;

DesignCrowd Service means the service provided by Us pursuant to Your Agreement and as described in clause 3 of Section A;

“DesignCrowd Site” means https://www.designcrowd.ca/ and its subdomains or any other replacement website as may be notified by Us to You;

Designer / Creative means a person or entity that registers with Us as a “Designer” or “Designer / Creative” in accordance with Our registration procedure;

“Fees Schedule” means the page located at https://www.designcrowd.ca/fees that sets out Our Fees;

Guaranteed Multiple Designer / Creative Contest is a non-refundable Project where a Winning Work must be selected by the Client, as further described in the Rules for Paid/Commercial Projects;

Minimum Design Standards means the standards located at https://www.designcrowd.ca/minimum-design-standards, that are specified by DesignCrowd’s Quality Standards;

Multiple Designer / Creative Contest is a Paid Project where the Client may receive multiple Works from different Designers / Creatives, as further described in the Rules for Paid Projects;

“Paid Project” means a design project for which the Client will pay a Fee;

Project Budget is the amount selected by a Client as the budget for a Paid Project, as further described in the Rules for Paid Projects;

Project Posting Fee means the Fee payable by a Client to Us for launching a Paid Project and posting a Brief;

Requirements means detailed descriptions of a Client’s or Community Administrator’s requirements in relation to a Paid Project or Community Contest, as applicable, including samples illustrating requirements, relevant dates and (if applicable) the Project Budget;

Revision(s) means minor changes to the Work(s) (including changes in colour, text, content, size, layout) and/or small and immaterial modifications to the concept of the Work(s), made in accordance with the Rules for Paid Projects;

Refundable Multiple Designer / Creative Contest is a refundable Project where a winner may not be selected by the Client;

One Designer / Creative Project is a project where a Client may request the services of a single Designer / Creative to complete the Paid Project, as further described in the Rules for Paid/Commercial Projects;

Rules for Paid Projects means the rules and instructions which govern how Clients can post Briefs for Paid Projects, and how Designers / Creatives can submit Submissions for such Briefs;

Submission means a design / creative submission made via the DesignCrowd Service from a Designer / Creative in response to a Brief or Community Contest (as applicable);

Upgrade Fees means fees payable for any additional features as specified in the Fees Schedule;

Terms of Use means the terms and conditions governing the DesignCrowd Site;

Winning Work means the Work (as applicable):

(iii) selected by the Client as the successful Work from all Submissions submitted in response to a Brief in a Multiple Designer Contest; or

(iv) selected as the winning Work from all Submissions in a Community Contest in accordance with the Service Terms and Conditions; and

Work(s) means designs, artwork, photographs, text, copy and other works created by a Designer / Creative and submitted via the DesignCrowd Service (in response to a Brief or Community Contest (as applicable)).

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