Terms and Conditions


Tap User Agreement Terms and Conditions
Updated on the 16th of March 2016, New Zealand Time.

Sections of this document
1.     Definition of Terms
2.     General Terms of Use
3.     User Conduct Guidelines
4.     Project Rules
5.     Accounts
6.     Intellectual Property
7.     User and Site Content
8.     Communication
9.     Payments and Refunds
10.  Privacy and Security
11.  Quality Assurance
12.  Conflict Resolution
13.  Exclusivity
14.  Face-to-Face Services
15.  Liability
16.  Legal Remedies
17.  Advertising on this Site
18.  Concluding Statement
 


1.     Definition of Terms in this Agreement
Agreement- the content of this document.
Site- refers to platform www.tapcreative.services and www.tapcreative.co.nz, later also referred to as Tap and Platform. The Site’s Owner is a New Zealand registered company Tap Creative Ltd.
Client/s- anyone with a Client Account on this Site. Clients can create Jobs, browse Portfolio Gallery and receive Services from Freelancers.
Freelancer/Creative Pro- creative professionals with a Create Pro account on the Site. Freelancers can provide Services to Clients. Later also referred to as Service Provider/s.
Job/s- created by Clients and contain information about the kind of work Clients need done and when. Jobs gain Workrooms. This is where communication and file sharing between the Freelancer and the Client happens.
Services- any files and communication provided by Freelancers to Clients as a part of fulfilling the Job Brief. Files and consultations resulting from Service provision are also referred to as outputs.
Workroom- created once a Job Is Uploaded. This is where communication and file sharing between the Freelancer and the Client happens.
Owner- New Zealand registered company Tap Creative Ltd. In this Agreement Owner also refers to any of the company’s authorised representatives.
Users- Clients, Freelancers and Site visitors.
Face-to-Face Services- allow Clients and Freelancers in New Zealand to meet in person for large and/or long term Jobs.
Quality Standards- are set by professionals designated by Tap who have 3+ years of success working in the creative industry.
Jobs officially start when the Client has selected the Creative Pro they wish to collaborate with, paid for the Job and that Creative Pro accepts terms of service and clicks Start in the Workroom.
More definitions may be introduced throughout this document. Terms relating to specific parts of the Site are capitalised.

 

2.     General Terms of Use
Tap is an online platform intended to connect Clients wishing to purchase Creative Services from Freelancers who provide such Services through the Site. Users may use the Site for this purpose. Any use of the Site other than for its intended purpose is prohibited by this Agreement.  
The User’s personal details are details which would make the User identifiable to other Users of the Site. Users agree to keep all of their personal details confidential. This includes, but is not limited to, the the User’s full name, address, company name and phone number. Clients wishing to work with Freelancers found on Tap outside this platform should read Section 13 of this Agreement. Clients in New Zealand may choose to work with their Freelancer Face-to-Face. Read terms in Section 14 of this Agreement. The content of this Agreement and Site may be updated. It is the User’s responsibility to become familiar with the updated content. Certain parts of the Site and Services offered by the Site may be subject to additional agreements.

Should there be a conflict between the content of this Agreement and additional agreements, the terms outlined in this Agreement shall govern. Users must be at least 18 years of age when using the Site and must have the authority and capacity to use it.
This Agreement is legally binding for Users of this Site and its Services. By using this Site and Tap Services, Site Users Agree to the terms, rules and statutes in this Agreement. Site Visitors who do not become Users are still a subject to some terms in this Agreement.
Any re-publication, in any form, of the Site’s content, or part thereof, or use of the Site’s data without prior consent from the Owner is prohibited by the Agreement, and is considered unlawful and is a subject to the Laws of New Zealand.
Users acknowledge that Tap is not a traditional creative services provider. The Owner is not directly involved in the actual process of Service transfer. Tap therefor is not liable for any issues with User content and/or Services provided, including to third parties. The Owner’s obligations are the maintenance of this Site and provision of access to this Site. Tap is not an agent and all Freelancers are considered independent contractors. The Site is provided ‘AS IS’ on an ‘As available’ basis and without warranties of any kind.

 

3.     User Conduct Guidelines
Users agree to keep all personal details which would make them identifiable to other Users private. This includes, but is not limited to, User’s full name, email address, personal portfolio site, company site etc. These details should be recorded in My Account part of the Site.
Users may not post any explicit, illegal, offensive or objectionable content on this Site. Users should conduct themselves in a way that is respectful and fulfil all obligations under this Agreement, as well as any additional agreements applicable to specific sections of this Site and Services.
Users may not attempt to wilfully use this Site for malicious purposes.
The Owner reserves the right, at its full discretion, to remove any content it deems offensive or inappropriate, without the obligation of contacting the User responsible for such content. Owner gains rights to view, change and monitor all content posted by the Users. This includes conversations in the private Workroom.
Users may not mirror or frame this Site or/and create Accounts for the purpose of creating a Site in competition with Tap.

 

4.     Project Rules
Clients requesting Services must fill in the Job Brief in full and give clear instructions to Freelancers regarding the Services required. This includes a clear and realistic budget compliant with the Price List on this Site, a clear and realistic deadline and milestones, any reference files, when applicable and unless otherwise required for confidentiality reasons, and any other information known to the Client which would allow the Freelancer to do the best possible work for the Client.
Clients must pay for the the Job on the Site prior to it starting. The fund will not be released to the Service provider until the Job is complete and as per Brief and Tap quality standards. If the Owner suspects that the Client’s payment method was fraudulent, the payment will be rejected and the Project will be cancelled automatically. The Client may edit the Job Brief prior to Job commencement. Please note that major changes to the Job after it has been released may cause the Client’s list of preferred candidates to change.
Client’s Job Brief will be seen by all Freelancers that match the Client’s requirements unless the project is a Commission to a specific Freelancer. Freelancers may post comments and ask questions in the Workroom. Clients may communicate with Freelancers in the Workroom and edit their brief if they feel that it is required. Workroom becomes exclusive to the Client and the Freelancer when the project officially starts. Clients may invite Freelancers or commission a specific Freelancers for a Job. We do not guarantee that they will be available or willing to take the Job but they will be given the opportunity to take the Job.
Client’s Matches are top quality visual communications professionals who are willing and available to work on the Client’s Job. Tap will match Clients to no more than 10 best matches, plus Freelancers who have been invited for your project. Clients should expect at least a few hours between Job Upload and seeing their matches.
Jobs officially commence as soon as the Client Selects a Freelancer available on their shortlist, pays for the Job and that Freelancer clicks Start in the Workroom. Clients may set the Job to start as soon as the first skilled, willing and available Freelancer Accepts the project.
All communication and file sharing between the Client and the Freelancer must happen exclusively in the private Workroom, unless the project is Face-to-Face, as per Section 14.
Communication with Freelancers must be timely and clear. The Client and the Service provider are contractually bound by all communication inside the workroom after the Job commencement.
Clients may request to cancel a Job in Progress if the Quality of Service is not reached or is not reached in a timely manner. Clients are to fill a Cancellation Form provided by the Owner in such case. The Owner will review communication in the Workroom prior to Cancellation being accepted. The Owner preserves the right to refuse or accept the Client’s refund requests. Clients may be eligible for a partial refund and can choose to continue a Job in progress with another Freelancer.
The Client may wish to request additional Services by the same Freelancer not pre-negotiated by the Client’s Brief. This is treated as a Commission. Additional payment for these Services will be required.
Job related disputes between the Client and the Freelancer will be dealt with first through negotiations between the parties in dispute. Should an agreement not be reached, Owner may get involved in the mediation process. Users in dispute and the Owner agree to put their best effort into resolving all conflicts amongst themselves prior to involving third parties.
Tap Creative Professionals are reviewed prior to becoming a part of the platform. Tap only accepts experienced professionals who commit to providing High Quality and Timely Services.
A Project is deemed completed when the Freelancer marks the Job as Complete in the Workroom and all agreed upon Services have been provided. The Freelancer may ask for more time in the Workroom window. It is up to the Client to refuse/accept such request. Should the Freelancer fail to complete a Job to Client’s Deadline without receiving a confirmation of time extension from the Client, the Freelancer may not get paid for their work, or only get paid in part. The Client must pay for the work that the Client wishes to use.
The Client must not attempt to communicate with the Freelancer outside the Workroom or disclose any personal information which would make them easily identifiable. To work with Tap talent outside the platform please see Section 13 and 14 of this Agreement. All Creative Professions on Tap went through a screening process for quality and diligence. Tap is not obligated to monitor Workrooms.
Clients must report any suspicious activities by the Freelancer or/and cases where Freelancer attempts to contact the Client outside the Workroom.
The Owner does not guarantee that the Client’s Jobs will be picked up by any Tap Freelancers. It is the Client’s responsibility to create a Brief and set a Budget that is attractive to creative Service Providers.
Freelancers agree to providing Quality and Timely Services to Clients. All Services must comply with the Client’s Job Brief and as per communication in the Workroom. Freelancers are not obliged to provide Services other than those agreed on with the Client in the Workroom and required by the Client in the Job Brief.
Freelancers must only Accept Jobs which they are willing and are available to work on. It is the Freelancer’s responsibility to read the Job Brief prior to Accepting the Job and gain any additional information not in the Brief prior to Job commencement.
Freelancers commit to timely communication with the Client in the Workroom and agree to provide a Quality and Timely Service to their Clients.
Should the Client terminate a Job past its commencement for reasons other than poor Quality or Timeliness of service provision, the Freelancer will receive a payment proportional to the amount of work that has been done.
Should the Client rightfully complain about the Quality and Timeliness of Service provision and demand a refund due to Freelancer’s non-compliance with the Job Brief and Tap Quality Standards, the Freelancer may not be paid for the Job or only be paid in part. The Freelancer’s Account may be deleted.
The Client may rate the Freelancer’s Services. This rating will influence the Freelancer’s ability to get future work.
The Freelancer must not disclose any personal information to the Client or communicate with the Client outside the Workroom, accept in cases of Face-to-Face service provision, see Section 14. Non-compliance with this condition means the Freelancer may be removed from Tap community and not receive future Jobs.
Freelancers will be paid into the account they provide in My Account no longer than 30 days post the Project completion date. Freelancers must send an invoice to accounts@tapcreative.services (accounts@tapcreative.co.nz for Freelancers in NZ) prior to getting paid.
Freelancers Dropping Jobs without a reasonable explanation risk losing their Account. If a Freelancer drops a Job because of the Client’s conduct, the Freelancer may get paid for the amount of work the Freelancer has done prior to Job termination. Such scenarios are treated on case by case basis and reviewed by the Owner, and the Owner retains discretion to decide whether or not, and how much, the Freelancer will get paid in such a scenario.
Should a conflict arise between the Client and the Freelancer, these Users are to use best endeavours to resolve the conflict amongst themselves in the Workroom. Should a resolution not be reached, Tap team may be contacted for support.
The Owner does not guarantee that the Freelancer will get a certain number of Jobs. It is the Freelancer’s responsibility to create a detailed and appealing Portfolio and proactively Accept Jobs.
Client payments for Services are made to the Owner. The Owner pays the Freelancer after Service provision to Clients.

 

5.     User Accounts
Users agree to provide information about themselves that is truthful and correct. Clients may create an Account prior to posting a Project and Browse the Portfolio Gallery. Freelancers may create an Account and a Portfolio page.
Private information provided by the Users will not be sold or given away to any third party. Tap works hard to prevent hacks and malicious attacks on the Site. However, Tap is not liable should any such attacks occur.
Users may not create Accounts for any reason other than that intended by this Site. Freelancer Accounts will be deleted automatically if the Freelancer is not approved into the Tap community. Freelancers may reapply to join Tap at a later date.
Users may Delete their Accounts. Owner may delete any Account that breaches or is suspected to be breaching Terms in this Agreement.
Only the information provided in job Brief, Portfolio and the Workroom prior to Project commencement will be visible to Users.
Any breach of the User’s security due to User’s non-compliance with the Agreement and other terms outlines on the Site are the User’s responsibility.
Tap has access to details provided in the User’s Account. Tap does not have access to the User’s password or bank account information.

 

6.     Intellectual Property
All of the final images, videos and consultations provided to the Client by the Freelancer through the Workroom are the Client’s Intellectual Property.
Clients gain all rights to reproduce, sell and use outputs provided to them by the Freelancer as they choose.
The Freelancer providing the Service hands over all Intellectual Property Rights associated with the Service to the Client.
Notwithstanding the above, the Client agrees that Tap may showcase the work provided to the Client by the Freelancer on the Site and Tap related sites unless the Client’s Project is Confidential. The Client also agrees that Freelancers may use outputs created for Clients on their Portfolio unless the Project is Confidential.
Freelancers must not to violate any third party intellectual property rights and must provide original work to the Client.

 

7.     User and Site Content
User Content is any information provided by any User of the Site. Tap does not take responsibility for usefulness or accuracy of any content provided by the Site or the Users. By accepting this Agreement, Users warrant that their content does not violate any of the terms of this Agreement. Content provided by Users belongs to them. Tap will not take liability for any User content.
Tap is not obliged to backup any User Content. Content may be deleted at any time. It is the User’s responsibility to back up their own content.
Freelancers and Clients give permission and the Owner preserves a right for Tap to use and distribute their User content throughout the Site and promotional channels related to the Site, including in order to give effect to clause 6 above. This excludes the User’s personal details found in My Account Section of the Site and any Jobs and Services associated with Jobs that are deemed as Confidential by the Client. Users warrant that they have the right to grant rights outlined above to the Site by accepting this Agreement.
Users agree not to upload any content that contains viruses, advertising material or/and content intended for data mining purposes, malicious software, explicit, illegal and/or offensive material.
Users agree to provide Content which they are authorised to provide and that is honest and true.
Content on the Site may change at any time with or without the Users being notified. Users may not share any content on the Site that is known to them to be confidential except in My Account page. Tap cannot see or access User's’ bank card details or passwords.
Site Owners have the right, at their sole discretion, to investigate, delete and review all User content. This includes the User’s personal details in My Account.

 

8.     Communication
Communication in the Workroom after Job commencement must be treated as confidential. Only the Owner, the Client, persons authorised by the Client, and the Freelancer providing the Service should have access to such information.

 

9.     Payments and Refunds
Clients must pay for the Job prior to Job commencement.
In the event of Job cancellation post Job commencement, the Client must provide a reason for cancelling the Job and the Client acknowledges that they may not be fully refunded for the Job.
Scenarios where the Client requests a refund due to the poor Quality and Timeliness of Services will be reviewed on case by case basis. Clients may only cancel such projects due to Freelancer’s inability to deliver quality and timely services requested by the Client in the Job Brief.
Subject to the Owners discretion where the Client has legitimately cancelled a Job, Freelancers will be paid for the work they do into the account provided in My Account no later than 30 days post Invoicing the Owner. Invoices should be sent after the Job is completed and the Client confirms their satisfaction with the Service provided. Scenarios where Freelancers seek to be paid for Jobs dropped by them will be reviewed on case by case basis, and the level of remuneration to be paid to the Freelancer will be determined by the Owner at their sole discretion.
Freelancers providing unsatisfactory services that do not meet Tap Quality Standards or the Client’s Brief may not be paid at all and risk losing their Account.
Freelancers unable to deliver work on time, unless an extension was negotiated with the Client, may not get paid for their work.
At the discretion of the Owner, Clients may receive a full or partial refund if their Service Provider fails to provide timely and quality services that fulfil the Job Brief and outputs negotiated in the Workroom. Such scenarios will be treated on case by case basis. Clients must provide good quality and clear Job Briefs to prevent such scenarios. Tap Freelancers sign a quality assurance agreement prior to starting Jobs.
Clients canceling jobs for reasons other than quality and non-compliance with the Brief may use the work provided up to that point and pay for it. Clients must not use work provided by the Freelancer if the Job’s full costs were refunded to the Client due to poor quality or timeliness of the Freelancer.
Freelancers are responsible for paying any taxes that arise from Service Provision remuneration.
The Owner reserves the right to cancel any payments that are suspected to be fraudulent.
The Content on this site must not be used for any other purpose other than that intended by the Site Owners. Using our content and public content found on the Site risks the User breaching Intellectual Property Rights.

 

10.  Privacy and Security
We use standard Firewalls, https security and SSL inscriptions to protect the User’s personal details. Tap will never give away the Users’ personal information to any third party or use it for any purpose other than those intended by this Site. Tap may collect and share quantitative data related to its Users to better the quality of its services.
We work hard to protect the Site’s security. However, the Owner is not liable for hacks or malicious attacks on the Site. The Owner will not be held responsible for unplanned Site downtimes or crashes.
Freelancers working on Confidential projects are not to release information related to the Job post Job Completion. For Confidential Jobs, Job related information must stay confidential forever unless the Client makes it public. Freelancers may not use this confidential information for their own benefit or the benefit of any third party.
Tap Users are responsible for keeping their passwords and payment details secure. Tap accepts no liability whatsoever for any action or inaction on its part in relation to content uploaded on the Site, or in relation to any Job. Should a legal case be raised against Tap because of any action or content posted by a User, that User is to pay any associated legal fees and ensure the Owner’s legal defence at the User’s own expense.

 

11.  Quality Assurance
Freelancers confirm that all information provided by them in their Account and Portfolio is true and correct.
Freelancers commit to providing timely and quality Services to Clients, as well timely and regular communication and file sharing with Clients through the Workroom.
Freelancers must only accept Jobs that they are willing and available to work on. Communication in the Workroom chat window acts as a written agreement between the Client and the Freelancer as soon as the Job commences.
Freelancers may not go overtime or drop Jobs unless this is pre-arranged with the Client in writing in the Workroom. By not following this guideline Freelancers risk not getting paid and a full dismissal from the Platform.

 

12.  Conflict Resolution
Clients and Freelancers are to behave with respect towards each other and the rest of Tap Community. Should a conflict arise the Parties in conflict must put their best effort into resolving the conflict through negotiations in the Workroom.
If the above process is not effective, the Parties may involve Tap through emailing Tap support team.
Tap can not be held liable for any offensive or explicit content posted on the platform by any of its Users, hacks, malicious attacks by third parties, unarranged Site down times or dissatisfaction with Services received through the platform.
Any litigation against Tap Creative Ltd is to take place in Wellington, New Zealand. Should the Client fail to pay for received Services or/and commit credit card fraud, Tap has the right to involve third parties, including legal bodies. Any fees associated with this are to be paid in full by the Client.
The governing law for all legal disputes is the Law of New Zealand. If Tap Users are in dispute Tap is not under any obligations to be involved. In saying this, Tap will provide all commercially reasonable efforts for Freelancers to be able to provide quality and timely work to Tap Clients.

 

13.  Exclusivity
Clients are to work with Freelancers met through the Site exclusively on the site for 6 months post the end date of the first Service provided by that Freelancer. After that, the Clients may work with the chosen Freelancers outside the platform. Should the Client opt out of the exclusivity period sooner, the Client is to pay 2,000NZD to the Owners. Clients are to request an Opt-Out form from support@tapcreative.services.

 

14.  Face-to-Face Services
Clients working on long-term and large projects may select to work with Tap Freelancers in person or/and over Skype. This is called Face-to-Face Services. This option is currently only available to Clients and Freelancers located in New Zealand. Clients and Freelancers working on Face-to-Face jobs are a subject to all terms in this Agreement except for those regarding Workroom rules and rules related to keeping the Users unidentifiable by other Users. Long-term Jobs are those which would take 30 days or longer to complete. Large Jobs are those budgeted at 2,000 NZD and over. Workrooms in this case become an optional file sharing tool. All important changes to the Brief and Deadlines however, must be communicated and agreed on in the Workroom, as well as any conflicts or time extension requests. The Freelancer is to ‘Start’ and ‘Complete’ Jobs in the Workroom.The Client and the Freelancer’s personal details will be shared after Job commencement. Should the Client require Skype or in person interviews with suitable candidates for the Job, such interviews are to take place at Tap Creative offices in New Zealand. Clients must select the Face-to-Face option in the Job Brief and Freelancers Accepting the Job if Selected must be able to work with the Client Face-to-Face in New Zealand. Tap may contact Clients post Face-to-Face Job Upload.

 

15.  Liability
Tap accepts no liability, and makes no warranties, regarding content provided by any of it’s Users. This includes outputs resulting from any Service provided by the Freelancer or content of Job Briefs provided by the Client. The Site is provided on “AS-IS” basis. Freelancers sell their Services and Clients purchases these Services at their own risk.

 

16.  Legal Remedies
Tap Creative Ltd is registered in New Zealand. Tap Site is an international Service. Users must research legislation of their country of residence to find out of any limitation their county poses on them with respect to provision and receipt of Service on this Site under conditions outlined in this Agreement. Illegal use of this Site by its Users is not Tap’s responsibility and Tap will not be held liable by any law of any country, except for the Law of New Zealand, in the case of unlawful use of the Site by its Users.
Tap will not be held liable for any damage, neither physical or otherwise, caused to Users through the use of this Site. Tap is not liable to compensate Users for any losses or damages.
This Agreement is governed, enforced and construed solely and exclusively in accordance with the laws of New Zealand. Any disputes or legal proceedings arising out of or relating to this Agreement shall be settled first via mediation. In the event that the dispute cannot be resolved and/or settled via mediation, the relevant parties agree to resolve their dispute via arbitration, in accordance with the laws of New Zealand.

 

17.  Advertising on this Site
Tap may have external third party advertising and external links on the Site. The content of these external sites and links is not the responsibility of Tap. Users should research such third party sites separately.

 

18.  Concluding Statement
This Agreement is legally binding on all Users of the Site and the Site Owner. Visitors to this Site may be a subject to some terms in this Agreement. User’s failure to comply with terms outlined in this Agreement may result in that User’s Account being deleted.
Owners may involve third parties, including legal bodies should parts of this Agreement be breached.
Please only use Tap Site and Services if you accept this Agreement.
 
Updated on the 16th of March 2016
by
Tap Creative Ltd
Wellington, 6011
New Zealand