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Terms of Service

Terms of Service

Terms of Service

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Last update: September 2024

Last update:
August 2024

About us

We are Design-well B.V. (#78592437, Prof W H Keesomlaan 12, 1183 DJ Amstelveen) and are trading under the name CreateNew.

We are a company for and by creatives where ideas, skills, and passions are brought together.

Our mission is to create a community where creatives can unite in purpose and path. We support the freedoms and perks of freelancing with the stability of an enterprise and the energy of an agency.

We invite you to become part of the CreateNew community (the Community).

Questions about these terms?

Do not hesitate to contact us via support@createnew.co

About these Terms and other agreements

  1. Applicability

1.1

These terms apply to every use of our Services and our Community.

1.2

If a provision in these Terms is invalid or unenforceable, it will be replaced by a similar provision that is valid and enforceable.

  1. Other agreements

When you join the Community you agree to our Data Processing Agreement, the Code of Conduct and the Privacy Policy.

Joining the Community

  1. Creating an account

3.1

To join the Community you must create an account. You can only make an account if you:

  1. have received an invite from us;

  2. are an independent freelancer who is authorised to work in Europe;

  3. are properly and sufficiently insured for professional liability;

3.2

You are responsible to fill in the correct details when you make an account.

3.3

You are responsible for all activities on your account. If someone is using your account without your permission report it immediately to support@createnew.co.

What we do

  1. Services provided by CreateNew

4.1

CreateNew takes away a lot of the administrative burden of freelancing. We offer the following Services:

Contracting and Invoicing

4.2

Your clients remain your clients, we take care of the contracting and invoicing. Invoices are issued on your behalf and paid to CreateNew who in turn pays you after deduction of the Contribution Fee (see clause 9).

4.3

CreateNew can assist with creating commercial proposals, commercial negotiations with clients and related contracting.

4.4

All client information and data provided by you is confidential and subject to our Data Processing Agreement.

Know-how and community

4.5

CreateNew grants you access to its Community of peers, where creative topics are discussed, knowledge is exchanged and commercial opportunities are shared.

4.6

CreateNew offers access to mentoring and advice.

4.7

CreateNew organizes regular meetups and know-how sessions on creativity, business development and other topics.

Equity administration

4.8

CreateNew offers you the option to become an equity owner in CreateNew. Please see our Frequently Asked Questions for more information.

4.9

CreateNew will facilitate and administer all equity transactions.

New Services

4.10

As CreateNew grows, we might add new services. Your input on what those should be is always welcome.

What you do

  1. Your obligations

5.1

Sharing is caring. The more contributors contribute, the better CreateNew will function, and more benefits will materialize for all contributors.

5.2

There are very few formal obligations for you to contribute. You are in control of your business and working with CreateNew is voluntary. You are free to choose which and how many projects you run in collaboration with CreateNew.

5.3

If you run a project in collaboration with CreateNew, we ask you to “walk the walk and talk the talk”. This means that every client engagement via CreateNew stays with CreateNew until finalised or terminated at the initiative of the client.

5.4

You will service your clients independently and autonomously. You will not suggest or communicate to your client that CreateNew is in any way responsible for the results of the client assignment.

5.5

As a contributor, you have a duty of care vis-à-vis the other contributors and CreateNew. This means that you must follow our Code of Conduct be open and honest in communications, consider the interests of CreateNew and its people in your actions and be active in the Community, for example by offering feedback and guidance.

5.6

Any other formal rights and obligations, such as the right to participate or keeping sensitive business information confidential, are all set out in these Terms. We take these seriously and so should you.

  1. Sharing projects to the Community

6.1

We encourage you to share projects with the Community, so you can help other contributors find new projects.

6.2

If you share a project that another contributor executes, you are entitled to receive a bonus. The bonus is 5% of the amount the contributor earns from the project you shared (Sharing Bonus).

For example, if the contributor earns EUR 2,000 from the project, you will receive EUR 100.

6.3

The Sharing Bonus only applies to the specific project you have shared. If the other contributor works on additional projects for the same client or if the original project is extended, you are not entitled to receive a bonus from those additional earnings.

6.4

We will pay out the Sharing Bonus as soon as possible after receiving payment from the client, but no later than 10 days after receipt. Please note that we can only pay your Sharing Bonus if the client has paid the contributor.

  1. Taxes

7.1

You are solely responsible for the proper tax administration, payment of taxes or premiums due for your company or due personally.

  1. Intellectual Property

8.1

You are and remain the owner of any intellectual property right that you originated or rightfully acquired. Likewise, CreateNew reserves all rights to its intellectual property rights.

8.2

You undertake and guarantee that any intellectual property contributed or shared with to the Community may be contributed or shared and do not breach of infringe on any third-party rights.

8.3

You are responsible for the proper agreements on intellectual property rights with clients.

8.4

You are encouraged to use CreateNew logo and branding in any external communications. You are giving us permission to add your photo and contact details to the CreateNew website and share this with the Community, all subject to our Privacy Policy.

Prices and payments

  1. Fee

Sharing Bonus

9.1

If you execute a project that is subject to a Sharing Bonus (referred by another Contributor), a 5% Sharing Bonus (as outlined in Clause 6.2) will be deducted from your revenue.

9.2

This 5% Sharing Bonus will be paid to the Contributor who shared the project. After deducting the Sharing Bonus, the Contribution Fee will be calculated.

Contribution Fee

9.1

The Contribution Fee for the services of CreateNew is equal to 5% of all revenue invoiced to and paid by your clients for projects completed in collaboration with CreateNew. If a project is subject to a Sharing Bonus, the Contribution Fee will be 5% of the revenue remaining after the 5% Sharing Bonus is deducted.

For example, if you generate EUR 10.000 in revenue in a given month, the Contribution Fee will be EUR 500 (excluding VAT).

  1. Payment

10.1

CreateNew will send an electronic invoice for the Contribution Fee (and if applicable the Sharing Bonus) to you.

10.2

You agree that CreateNew will deduct the Contribution Fee (and if applicable the Sharing Bonus) from the client invoice amount once paid by the client. The remainder will be paid to your company’s bank account as soon as possible but not longer than 10 days after receipt by CreateNew.

10.3

Please note that your client is responsible for paying your fee. We have no obligation to pay you if a client defaults on its payment obligation.

10.4

The Contribution Fee proceeds are used by CreateNew to cover the costs of operations. The Contribution Fee may be changed yearly if the services of CreateNew have improved or expanded or if actual costs exceed budgeted costs.

Leaving the Community

  1. Voluntarily leaving the community

11.1

You may leave the Community and terminate your account directly provided that there are no current client engagements.

11.2

If there are client engagements, your account will be terminated upon payment of the last Contribution Fee in accordance with clause 9.

  1. Exclusion of the Community

12.1

We may exclude you from the Community and terminate your account immediately for any reason.

12.2

We may exclude you from the Community without having to pay any compensation and with immediate effect in case of:

  1. gross negligence or wilful misconduct by you;

  2. in case of (application of) bankruptcy or suspension of payments, liquidation or cease of business;

  3. if you do not meet (any longer) the requirements of clause 3.1; or

  4. you have violated these Terms.

12.3

The clauses that by their nature are meant to survive terminations shall remain in full force in effect, for example, clauses 11, 12 and 14.

The legal fine print

  1. Liability

13.1

You are solely responsible for your work towards clients and as such you indemnify and shall hold harmless CreateNew from any claims, demands, losses, damages, legal Contribution Fees, intellectual property claims or infringements arising out of services provided by the you to clients or other third parties.

13.2

You must be properly and sufficiently insured for professional liability.

13.3

CreateNew's total liability under or in connection with these Terms shall not exceed 50% of the total Contribution Fees charged to you over the last 12 months.

  1. Confidentiality

14.1

You are required to keep all community information confidential to the Community including business, financial and technical information for as long as this information is not otherwise publicly available.

  1. Non-competition

15.1

We encourage competition among contributors vis-à-vis third-party clients as it drives creativity and quality. However, we put a lot of time and effort in developing our Community. So, when you are part of the CreateNew Community and one year thereafter, you agree not to establish or contribute to a company creating a creative community / collaborative or otherwise competing with CreateNew.

  1. Non-solicitation

16.1

If you are part of the CreateNew community, you may not directly or indirectly solicit, induce or cause employees, contractors, suppliers or other contributors away from CreateNew during the time you are part of the Community and for 1 year thereafter.

  1. Penalty

17.1

If you breach clauses 5.3, 12, 13 or 14 of these Terms, you shall forfeit to CreateNew a penalty immediately payable of EUR 10.000 for each breach to be increased with EUR 1.000 for each day that such breach is continuing but can be remedied, without prejudice to the CreateNew’s right to claim full damages.

  1. Miscellaneous

18.1

You are not allowed to assign or transfer any rights and obligations on account of CreateNew or the Terms without prior written approval of us. We do not need your consent if we want to transfer our rights or obligations to a third party.

18.2

No deviation from these Terms is allowed unless approved by us in writing.

18.3

CreateNew is allowed to change these Terms.

  1. Governing law and dispute resolution

19.1

These Terms are governed by the law of the Netherlands

19.2

If a dispute arises out of these Terms, you shall first try to settle these amicably through business mediation. If no settlement can be reached, the dispute shall be settled by the competent court of Amsterdam.