WEBSITE TERMS & CONDITIONS

Section 1 – Definitions, Interpretation & Acceptance

Version: 1.0
Effective Date: 9 August 2026
Last Updated: 9 August 2026

WEBSITE TERMS AND CONDITIONS

These Website Terms and Conditions ("Terms") govern your access to and use of the Create Links website, platform, client portal and related services.

By accessing or using our Website, creating an Account or purchasing any Services, you confirm that you have read, understood and agree to be legally bound by these Terms.

If you do not agree to these Terms, you must not access or use our Website or Services.

These Terms operate alongside our:

• Subscription Terms & Conditions
• Privacy Policy
• Cookie Policy
• Referral Programme Terms (where applicable)

In the event of any inconsistency, the Subscription Terms shall prevail in relation to any paid Services.

1. Definitions

For these Terms, the following definitions apply.

Account

means a registered user account created on the Platform.

Agreement

means these Terms together with any applicable Subscription Agreement, Privacy Policy, Cookie Policy and any documents expressly incorporated by reference.

Client

means any business, organisation or individual who purchases or accesses Services through Create Links.

Content

means all information, files, images, videos, documents, graphics, messages, designs, comments and other materials uploaded, created or transmitted through the Platform.

Create Links

means Create Links Ltd, registered in England and Wales, together with its employees, officers, directors and authorised representatives.

Intellectual Property Rights

means all copyrights, trademarks, patents, database rights, design rights, confidential information, trade secrets, know-how and all similar rights existing anywhere in the world.

Link

means an independent contractor, freelancer, consultant, specialist or other self-employed service provider who is introduced, assigned, engaged or otherwise made available through Create Links to perform Services for or in connection with a Client.

A Link is not an employee, worker, partner, agent or representative of the Client.

Unless expressly confirmed otherwise in writing, a Link is also not authorised to:

a. enter into contracts on behalf of Create Links or the Client;

b. incur liabilities in the name of Create Links or the Client;

c. make warranties, guarantees or legally binding representations on behalf of Create Links or the Client;

d. collect or receive payments on behalf of Create Links; or

e. act outside the scope of the Services assigned to them.

References in these Terms to a “Link” include any freelancer, contractor, consultant or specialist providing Services through Create Links.

Platform

means the Create Links website, client portal, dashboards, software, applications, communication tools, project management systems and any related technology operated by Create Links.

Services

means any subscription services, matching services, coordination services, project support, administrative support, creative services or other services made available by Create Links, including Services performed by a Link.

User

means anyone accessing or using the Website or Platform.

Website

means the Create Links website including all subdomains and associated online services.

2. Interpretation

Unless the context otherwise requires:

• singular words include the plural and vice versa;
• references to one gender include all genders;
• headings are included for convenience only and shall not affect interpretation;
• references to legislation include amendments or replacements of that legislation;
• the words "including", "include" and similar expressions shall be interpreted as meaning "including without limitation".

3. About Create Links

Create Links operates a technology-enabled creative services platform connecting businesses with creative professionals through managed subscription services.

Our Platform enables Clients to:

• request creative work;
• communicate regarding projects;
• manage creative workflows;
• book and allocate subscription hours;
• collaborate with creative professionals;
• receive creative deliverables.

Create Links acts as the provider and coordinator of the Platform and related Services.

While Create Links may engage employees, contractors or independent Links/Freelancers to perform Services, Create Links does not represent that any individual Link or Freelancer is an employee, partner, agent or legal representative of any Client.

Nothing contained within these Terms shall be interpreted as creating:

• an employment relationship;
• a partnership;
• a joint venture;
• an agency relationship;
• or a fiduciary relationship

between Clients and any Link or Freelancer.

4. Acceptance of these Terms

By using the Website or Platform you confirm that:

• you are at least 18 years old;
• you have the legal capacity to enter into binding contracts;
• where acting for a business, you have authority to bind that business;
• all information provided by you is accurate and complete.

If you do not satisfy these requirements, you must not use the Platform.

5. Changes to these Terms

Create Links reserves the right to amend these Terms from time to time.

Where changes materially affect your rights, we will provide reasonable notice through the Website or by email.

Your continued use of the Website after updated Terms become effective constitutes acceptance of those revised Terms.

6. Nature of the Platform

The Create Links Platform is provided as a managed technology platform designed to facilitate creative services and project collaboration.

Whilst Create Links exercises reasonable care in selecting, managing and coordinating creative professionals, Create Links does not warrant or guarantee:

• uninterrupted availability of any particular Link or Freelancer;
• availability of any specific individual;
• compatibility between Users;
• continuous operation of the Platform;
• uninterrupted communications;
• suitability of Services for any particular commercial objective.

Any timelines, estimates or delivery schedules published on the Platform are estimates only unless expressly agreed in writing.

7. Independent Contractors

Unless expressly agreed otherwise in writing:

• Links or Freelancers remain independent contractors.
• Links or Freelancers determine how they perform their professional services.
• Links or Freelancers are responsible for complying with all applicable laws, taxation obligations and professional obligations relating to their work.

Create Links provides coordination, project management and administrative support but does not supervise every aspect of a Link’s or Freelancer's professional judgement or day-to-day conduct.

Accordingly, to the fullest extent permitted by law:

• Create Links shall not be responsible for any fraudulent, criminal, malicious or unlawful acts intentionally committed by a Link or Freelancer outside the scope of authorised Services;
• Create Links shall not be liable for representations made independently by a Link or Freelancer without authority;
• Clients acknowledge that individual Link or Freelancers remain personally responsible for their own unlawful acts and omissions.

Nothing in these Terms excludes liability that cannot lawfully be excluded under the laws of England and Wales.

Part 2 – Accounts, Platform Use, Client Content and Intellectual Property

8. User Accounts

8.1 Account registration

Certain features of the Platform may only be accessed through a registered Account.

When creating or using an Account, you must:

a. provide complete, accurate and current information;

b. promptly update any information that changes;

c. use the Account only for lawful business purposes;

d. ensure that each person accessing the Account is properly authorised to do so; and

e. comply with any identity, business-verification or security checks reasonably required by Create Links.

Create Links may refuse an Account application or request additional information before activating an Account.

8.2 Business Accounts

Where an Account is created or used on behalf of a company, agency, partnership, organisation or other legal entity, the individual creating or operating the Account confirms that they:

a. have authority to act on behalf of that entity;

b. have authority to accept these Terms and any applicable Subscription Terms on its behalf; and

c. may lawfully provide Create Links with the information submitted through the Account.

The relevant business or organisation shall be responsible for all use of the Account by its owners, employees, contractors, representatives and authorised users.

8.3 Account administrators

A Client may appoint one or more Account administrators.

An Account administrator may be able to:

a. invite or remove authorised users;

b. allocate permissions;

c. access projects and communications;

d. submit and approve work requests;

e. book or allocate service hours; and

f. manage billing or subscription information.

The Client is responsible for selecting appropriate administrators and for reviewing their access permissions.

Create Links is not responsible for an administrator’s authorised actions, including the approval of work, use of subscription hours, removal of users or disclosure of information to another authorised user.

8.4 Account security

You must:

a. keep passwords, authentication codes and login credentials confidential;

b. use reasonably strong passwords and any available multifactor-authentication features;

c. prevent unauthorised access to your Account;

d. log out of the Account when using a shared or unsecured device;

e. ensure that devices used to access the Platform are reasonably protected against malware and unauthorised access; and

f. immediately notify Create Links if you know or reasonably suspect that an Account has been compromised.

You must not permit any unauthorised person to access or use your Account.

8.5 Responsibility for Account activity

Subject to applicable law, the Client is responsible for all activity carried out through its Account where that activity:

a. was authorised by the Client;

b. was carried out using valid login credentials before Create Links received notice that those credentials had been compromised; or

c. resulted from the Client’s failure to take reasonable security precautions.

Create Links may rely on instructions submitted through an authenticated Account unless it has reasonable grounds to believe that the instructions are unauthorised or fraudulent.

8.6 Unauthorised access

You must notify Create Links promptly at hello@createlinksmedia.com if you become aware of:

a. unauthorised Account access;

b. compromised login credentials;

c. suspicious activity;

d. unintended disclosure of confidential information or personal data; or

e. any actual or suspected security incident affecting the Platform.

Following a report, Create Links may temporarily restrict the Account, reset credentials, revoke sessions or take other reasonable protective measures.

8.7 Account sharing

Account credentials must not be:

a. sold;

b. transferred;

c. sublicensed;

d. shared with unauthorised third parties; or

e. used to provide Platform access as a service to another person.

Create Links may impose limits on the number of authorised users according to the Client’s subscription plan.

8.8 Account closure

A User may request closure of an Account by contacting Create Links.

Account closure does not:

a. cancel outstanding payment obligations;

b. entitle the Client to a refund;

c. remove Create Links’ right to retain information where required for legal, accounting, fraud-prevention, dispute-resolution or compliance purposes; or

d. affect rights and obligations accrued before closure.

Subscription cancellation is governed by the Subscription Terms and cannot necessarily be completed solely by deleting an Account.

9. Permitted Use of the Platform

9.1 Limited permission

Subject to compliance with these Terms, Create Links grants the User a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access and use the Platform for its internal business purposes.

This permission does not transfer ownership of the Platform or any Create Links Intellectual Property Rights.

9.2 Lawful use

Users must use the Website, Platform and Services only:

a. for lawful purposes;

b. in accordance with these Terms;

c. in accordance with applicable laws and regulations;

d. in a way that does not infringe the rights of Create Links or any third party; and

e. in accordance with any reasonable operational, security or usage instructions issued by Create Links.

10. Prohibited Conduct

A User must not, and must not attempt to, encourage or assist another person to:

10.1 Unlawful or harmful activity

a. use the Platform for any fraudulent, criminal, deceptive or unlawful purpose;

b. upload, request, create, distribute or promote material that is illegal;

c. infringe another person’s Intellectual Property Rights, privacy rights, confidentiality rights or contractual rights;

d. impersonate another person or misrepresent an affiliation, authority or identity;

e. use the Services to facilitate harassment, discrimination, exploitation, threats, intimidation or abuse;

f. submit malicious, fraudulent or deliberately misleading instructions; or

g. use the Platform in a manner that could expose Create Links, a Link, a Freelancer, another User or any third party to legal or regulatory risk.

10.2 Security interference

a. obtain or attempt to obtain unauthorised access to the Platform, an Account, server, database, network or connected system;

b. bypass, disable, evade or interfere with authentication, access controls, rate limits or security features;

c. probe, scan or test the vulnerability of the Platform without Create Links’ prior written permission;

d. introduce viruses, malware, ransomware, spyware, harmful code or corrupted files;

e. intercept communications or data without authority;

f. access information belonging to another Client or User;

g. use automated methods to create Accounts or manipulate Platform activity; or

h. take any action that could damage, overload, impair or disrupt the Platform.

10.3 Platform exploitation

a. copy, reproduce, modify or create derivative works from the Platform except where expressly permitted;

b. reverse engineer, decompile, disassemble or attempt to discover the source code or underlying structure of the Platform, except to the limited extent such restriction is prohibited by law;

c. scrape, crawl, index, harvest or extract data from the Platform using automated means without written permission;

d. use the Platform, its workflows, documentation or data to build or train a competing product or service;

e. resell, lease, license or commercially exploit access to the Platform;

f. remove or alter proprietary notices;

g. frame or mirror any material part of the Platform; or

h. use any Create Links name, trade mark, brand, domain or visual identity without permission.

10.4 Communications abuse

A User must not use Platform communications to:

a. send spam, unsolicited bulk communications or unauthorised marketing;

b. transmit abusive, threatening, offensive or discriminatory content;

c. pressure a Link or Freelancer to carry out unlawful or unauthorised work;

d. request personal financial information or unnecessary identity information from a Link or Freelancer;

e. encourage a Link or Freelancer to bypass Create Links’ billing, booking, contracting or payment processes;

f. solicit a Link or Freelancer for direct engagement contrary to any applicable non-circumvention or non-solicitation provisions; or

g. make knowingly false complaints or allegations.

11. Client Responsibilities

11.1 Instructions and information

The Client is responsible for providing:

a. clear, complete and accurate instructions;

b. all information reasonably necessary to perform the requested Services;

c. relevant deadlines and dependencies;

d. brand guidelines, technical requirements and format specifications;

e. timely access to necessary systems or materials; and

f. prompt decisions, approvals and feedback.

Create Links is not responsible for delays, additional work or unsuitable outcomes caused by incomplete, inaccurate, conflicting or late Client instructions.

11.2 Authorised representatives

The Client must identify the persons authorised to:

a. give instructions;

b. approve work;

c. alter project priorities;

d. authorise use of additional hours;

e. request access to Client systems; and

f. accept Deliverables.

Create Links may treat instructions from an authorised Account user as valid instructions from the Client.

Where Client representatives provide conflicting instructions, Create Links may pause the affected work until the Client confirms which instruction should be followed.

11.3 Review and approval

The Client is responsible for reviewing Deliverables before publication, distribution or commercial use.

This includes checking:

a. factual accuracy;

b. spelling and grammar;

c. names, dates, prices and contact details;

d. legal and regulatory statements;

e. advertising claims;

f. licensing and usage restrictions;

g. accessibility requirements;

h. brand compliance; and

i. whether the Deliverable is appropriate for its intended context.

Unless Create Links has expressly agreed in writing to provide a specialist legal, regulatory, tax, financial, medical or compliance review, the Client remains responsible for obtaining that review.

Approval by the Client will normally be treated as confirmation that the Client has reviewed and accepted the relevant Deliverable.

11.4 Client systems

Where the Client gives Create Links or a Link access to a Client-controlled account, platform, website, drive, database, social-media account or other system, the Client must:

a. ensure that it is entitled to provide that access;

b. provide only the minimum access reasonably required;

c. use separate user credentials where reasonably possible;

d. maintain appropriate backups;

e. retain ultimate administrative control;

f. promptly revoke access when it is no longer required; and

g. avoid sharing payment-card details or unnecessary sensitive information.

The Client acknowledges that granting administrative or publishing access may allow authorised actions to be taken on its behalf.

11.5 Backups

Unless backup services are expressly included in a written Service description, the Client is responsible for retaining copies and backups of:

a. Client Content;

b. Client systems;

c. source files supplied by the Client;

d. approved Deliverables; and

e. information stored on third-party platforms.

Create Links does not guarantee that Platform Content will be stored indefinitely or recoverable following deletion, Account closure or expiry of an applicable retention period.

11.6 Laws applicable to the Client

The Client is responsible for ensuring that its use of the Services and Deliverables complies with laws and industry rules applicable to its business, location, audience and intended use.

The Client must not assume that a Deliverable has been reviewed for compliance with a specific legal or regulatory regime unless this has been expressly agreed in writing.

11.7 Cooperation

The Client must provide reasonable cooperation where Create Links investigates:

a. an Account-security issue;

b. a complaint;

c. suspected unlawful conduct;

d. infringement of Intellectual Property Rights;

e. misuse by a Link or Freelancer;

f. a personal-data incident; or

g. a payment or billing dispute.

12. Client Content

12.1 Ownership

As between the Client and Create Links, the Client retains ownership of Client Content submitted to the Platform, subject to any third-party rights.

“Client Content” includes materials supplied, uploaded, transmitted or made available by or on behalf of the Client, including:

a. logos;

b. trade marks;

c. photographs;

d. video and audio;

e. documents;

f. designs;

g. data;

h. brand materials;

i. advertising copy;

j. customer or employee information; and

k. instructions and communications.

12.2 Licence to use Client Content

The Client grants Create Links a worldwide, non-exclusive, royalty-free licence for the duration of the Agreement to:

a. host;

b. store;

c. access;

d. reproduce;

e. adapt;

f. edit;

g. transmit;

h. display; and

i. otherwise use

Client Content to the extent reasonably necessary to operate the Platform, provide the Services, administer the Client’s Account, comply with the Client’s instructions and fulfil Create Links’ legal obligations.

This licence includes the right to make Client Content available to Links, Freelancers, employees, professional advisers and approved service providers where reasonably necessary to provide the Services.

12.3 Client warranties

The Client warrants that:

a. it owns the Client Content or has all permissions, licences and consents required to use it and provide it to Create Links;

b. Create Links’ authorised use of the Client Content will not infringe any third-party rights;

c. the Client Content is not unlawful, defamatory, fraudulent, misleading or malicious;

d. any individuals appearing in Client Content have provided any releases or permissions required for the intended use;

e. any music, fonts, stock assets, photographs, footage, software or other third-party materials supplied by the Client are properly licensed;

f. the Client Content does not contain malware or harmful code; and

g. personal data included in the Client Content has been obtained and shared lawfully.

12.4 Restricted information

The Client must not upload or disclose through the Platform unless expressly agreed and reasonably necessary:

a. payment-card information;

b. passwords or master credentials;

c. government identification documents;

d. health information;

e. biometric information;

f. criminal-conviction information;

g. children’s personal data;

h. special-category personal data;

i. confidential information belonging to an unrelated third party; or

j. any data that the Client is legally prohibited from sharing.

Where such information is necessary, the Client must notify Create Links in advance so that an appropriate and secure method of handling it can be agreed.

12.5 Removal or restriction

Create Links may remove, quarantine, block or restrict Client Content where it reasonably believes that the material:

a. breaches these Terms;

b. infringes third-party rights;

c. creates a security risk;

d. is unlawful;

e. may expose Create Links or another person to liability;

f. contains malware; or

g. must be restricted to comply with a court order, regulatory request or legal obligation.

Where reasonably practicable and lawful, Create Links will notify the Client of the action taken.

12.6 No general duty to monitor

Create Links is not obliged to review all Client Content before it is uploaded, communicated or used.

The fact that Create Links has accessed, edited, formatted or processed Client Content does not mean that Create Links has verified its lawfulness, accuracy, ownership or regulatory compliance.

13. Personal Data Submitted by Clients

13.1 Compliance by the Client

Where Client Content contains personal data, the Client confirms that it:

a. has a lawful basis for collecting, using and sharing that personal data;

b. has provided all privacy information required by applicable data-protection law;

c. has limited the personal data shared to what is reasonably necessary;

d. has complied with any applicable consent requirements;

e. has authority to instruct Create Links to process the personal data; and

f. will not instruct Create Links to process personal data unlawfully.

13.2 Roles of the parties

Depending on the relevant processing activity, Create Links and the Client may each act as:

a. an independent controller;

b. a joint controller where expressly agreed; or

c. controller and processor.

The parties’ detailed data-protection obligations may be set out in the Privacy Policy, Subscription Terms or a separate Data Processing Agreement.

13.3 Processor activities

Where Create Links processes personal data solely on the Client’s documented instructions as a processor, the parties shall enter into or be deemed to incorporate any Data Processing Agreement made available by Create Links and applicable to the Services.

13.4 Client responsibility for data subjects

The Client is responsible for responding to requests or complaints from individuals relating to personal data for which the Client is the controller, subject to any assistance Create Links is contractually required to provide.

13.5 Data minimisation

The Client must not provide more personal data than is reasonably required for the relevant task.

Where possible, the Client should anonymise, pseudonymise or redact personal data before providing materials to Create Links.

14. Platform Communications

14.1 Electronic communications

By using the Platform, the User agrees that Create Links may send service-related communications electronically, including communications concerning:

a. Account administration;

b. project updates;

c. booked hours;

d. subscription usage;

e. payment and billing;

f. security;

g. policy changes;

h. maintenance;

i. legal notices; and

j. changes to the Services.

Service-related communications are not marketing communications and may be necessary to administer the Agreement.

14.2 Communication channels

Create Links may communicate through:

a. the Platform;

b. email;

c. in-product notices;

d. telephone or video call;

e. authorised messaging channels; or

f. another channel agreed with the Client.

The Client must maintain current contact information and monitor the communication channels used for its Account.

14.3 Records

Create Links may retain records of project instructions, approvals, messages, Account activity and support communications for legitimate business, evidential, security and compliance purposes, subject to applicable data-protection law.

14.4 No guaranteed immediacy

Messages sent through the Platform are not guaranteed to be received or reviewed immediately.

The Client must not rely on Platform messaging for emergencies, urgent safety matters or time-critical legal notifications unless Create Links has expressly agreed to that method of communication.

14.5 Offensive communications

Create Links may restrict communication tools or suspend a User who sends abusive, discriminatory, threatening, sexually inappropriate or otherwise unacceptable communications to a Link, Freelancer, employee or another User.

15. Confidentiality

15.1 Confidential Information

“Confidential Information” means information disclosed by one party to the other that:

a. is identified as confidential;

b. would reasonably be understood to be confidential given its nature or the circumstances of disclosure; or

c. includes business plans, pricing, customer information, access credentials, unpublished materials, commercial strategies, processes and trade secrets.

15.2 Confidentiality obligations

Each party shall:

a. use the other party’s Confidential Information only for the purposes of the Agreement;

b. take reasonable steps to protect it;

c. disclose it only to persons who need to know it for the purposes of the Agreement and who are subject to appropriate confidentiality obligations; and

d. not disclose it to any other person without permission, except where required by law.

15.3 Permitted disclosure by Create Links

Create Links may disclose Client Confidential Information to its:

a. Links;

b. Freelancers;

c. employees;

d. contractors;

e. hosting and technology providers;

f. insurers;

g. professional advisers; and

h. other approved service providers,

to the extent reasonably necessary to provide the Services, protect the Platform, administer the Agreement or comply with law.

Create Links shall require persons receiving Confidential Information to be subject to confidentiality obligations appropriate to their role.

15.4 Exclusions

Confidential Information does not include information that the receiving party can demonstrate:

a. was lawfully known to it without restriction before disclosure;

b. becomes publicly available other than through a breach of the Agreement;

c. is received lawfully from a third party without confidentiality restrictions; or

d. is independently developed without use of the disclosing party’s Confidential Information.

15.5 Required disclosures

A party may disclose Confidential Information where required by law, regulation, court order or a competent authority.

Where legally permitted, the receiving party shall give reasonable notice before making the disclosure.

15.6 No absolute security guarantee

Each party acknowledges that no method of electronic transmission or storage is completely secure.

Create Links will use reasonable technical and organisational measures appropriate to the nature of the information and risks involved but does not guarantee that unauthorised access, cyberattack or human error can never occur.

16. Create Links Intellectual Property

16.1 Ownership

Create Links and its licensors retain all rights, title and interest in and to:

a. the Website;

b. the Platform;

c. software and source code;

d. databases;

e. workflows;

f. systems and methods;

g. dashboards;

h. documentation;

i. templates;

j. training materials;

k. policies;

l. graphics and visual design;

m. trade marks;

n. brand assets;

o. know-how; and

p. all improvements, modifications and derivative works relating to them.

Except for the limited right of access expressly granted under these Terms, no rights are transferred to the User.

16.2 Restrictions

A User must not use Create Links Intellectual Property:

a. outside the scope of the Agreement;

b. to create or support a competing service;

c. for resale or redistribution;

d. in a way that suggests endorsement, sponsorship or partnership without permission; or

e. after the right to use it has ended.

16.3 Feedback

Where a User voluntarily provides suggestions, ideas or feedback concerning the Platform or Services, the User grants Create Links a perpetual, worldwide, irrevocable, transferable, sublicensable and royalty-free right to use and incorporate that feedback without restriction or payment.

This does not transfer ownership of the Client’s Confidential Information or commissioned Deliverables.

16.4 Trade marks

The names “Create Links”, “Links” and associated logos, names, slogans and visual assets may be trade marks or protected branding.

No User may use them without prior written permission except to truthfully identify Create Links as the service provider.

17. Deliverables and Project Intellectual Property

17.1 Separate subscription provisions

Ownership and licensing of Deliverables created under a paid subscription are governed primarily by the Subscription Terms, an Order Form or another written agreement.

If those documents conflict with this clause, the applicable Subscription Terms or written agreement shall prevail.

17.2 General position

Unless otherwise stated in the applicable Subscription Terms or Order Form:

a. the Client retains ownership of Client Content;

b. Create Links retains ownership of the Platform, its systems, processes, templates, reusable materials and pre-existing Intellectual Property Rights;

c. third-party materials remain owned by their respective rights holders; and

d. rights in commissioned Deliverables transfer or are licensed only after all applicable fees have been paid.

17.3 Background Materials

“Background Materials” means tools, templates, processes, frameworks, code, concepts, designs, know-how and other materials that:

a. existed before the relevant Client project;

b. were developed independently of that project; or

c. are intended for repeated use across multiple clients.

Create Links and its licensors retain ownership of Background Materials.

Where Background Materials are incorporated into a Deliverable, Create Links may grant the Client a non-exclusive licence to use them only as part of that Deliverable.

17.4 Third-party assets

Deliverables may include third-party materials such as:

a. stock photography;

b. footage;

c. music;

d. sound effects;

e. fonts;

f. software;

g. plug-ins;

h. templates; or

i. generative-AI outputs.

Third-party materials remain subject to their applicable licences and restrictions.

The Client must comply with those restrictions and may be required to purchase or maintain a separate licence.

17.5 Working files

Unless expressly included in the applicable Service description, final Deliverables do not automatically include:

a. editable source files;

b. working files;

c. unused concepts;

d. internal notes;

e. production templates;

f. project-management files; or

g. proprietary tools.

Provision of working files may be subject to additional fees or licence terms.

17.6 Portfolio use

Create Links will not publicly display the Client’s confidential or unpublished work without permission.

The Client may withdraw permission for future promotional use by giving written notice, although Create Links will not be required to recall materials already lawfully printed, published or distributed.

18. Intellectual Property Complaints

18.1 Reporting infringement

A person who believes that Content available through the Platform infringes their Intellectual Property Rights should contact hello@createlinksmedia.com and provide:

a. their name and contact details;

b. identification of the protected work;

c. identification and location of the allegedly infringing material;

d. an explanation of the alleged infringement;

e. evidence of ownership or authority to act for the owner; and

f. a statement that the information supplied is accurate and made in good faith.

18.2 Action by Create Links

Create Links may:

a. request further information;

b. temporarily restrict disputed material;

c. notify the relevant Client;

d. require evidence of licences or permissions;

e. remove material;

f. suspend related work; or

g. take no action where a complaint appears unsupported, abusive or fraudulent.

18.3 Client cooperation

The Client must promptly cooperate with any reasonable investigation into alleged infringement.

Where Client Content is found or reasonably believed to infringe third-party rights, the Client must, at Create Links’ option:

a. obtain the necessary rights;

b. replace or modify the affected material;

c. cease using it; or

d. reimburse reasonable costs or losses arising from the Client’s breach of its warranties, subject to the Agreement’s applicable liability provisions.

19. Security Measures and Incidents

19.1 Reasonable safeguards

Create Links will take reasonable technical and organisational measures designed to protect the Platform and personal data against:

a. unauthorised access;

b. unlawful processing;

c. accidental loss;

d. destruction;

e. alteration; and

f. unauthorised disclosure.

The measures used may vary according to the nature of the information, available technology, implementation cost and level of risk.

19.2 No warranty of invulnerability

Create Links does not warrant that:

a. the Platform will be free from every vulnerability;

b. every attempted cyberattack will be prevented;

c. electronic communications will always be secure;

d. third-party systems will remain continuously secure; or

e. User devices will be free from malware.

19.3 User security obligations

Users must take reasonable steps to protect:

a. their devices;

b. their networks;

c. their login credentials;

d. Client systems;

e. files downloaded from the Platform; and

f. information supplied to Create Links.

19.4 Security incidents

Where Create Links becomes aware of a security incident affecting the Client, it may:

a. investigate the incident;

b. contain or remediate the issue;

c. suspend affected access;

d. require password resets;

e. notify affected parties where required;

f. cooperate with authorities; and

g. take other reasonable protective action.

The Client must not make public statements that purport to speak on behalf of Create Links concerning an incident without prior agreement, except where disclosure is legally required.

19.5 Security testing

A User must not undertake penetration testing, vulnerability testing or security research against the Platform without Create Links’ prior written permission.

Any security concern should be responsibly reported to hello@createlinksmedia.com.

20. Monitoring and Investigation

Create Links may monitor Platform activity to the extent reasonably necessary to:

a. operate and improve the Platform;

b. measure subscription usage;

c. maintain security;

d. prevent fraud and abuse;

e. enforce these Terms;

f. investigate complaints;

g. provide support; and

h. comply with legal obligations.

Any monitoring involving personal data will be undertaken in accordance with the Privacy Policy and applicable data-protection law.

Create Links may preserve relevant records where it reasonably anticipates a dispute, claim, investigation or legal obligation.

21. Suspension and Access Restrictions

21.1 Grounds for suspension

Create Links may immediately suspend, restrict or disable all or part of an Account where it reasonably believes that:

a. these Terms or the Subscription Terms have been breached;

b. payment is overdue or has failed;

c. the Account has been compromised;

d. the Account is being used fraudulently or unlawfully;

e. a User poses a security risk;

f. Client Content infringes third-party rights;

g. a User has harassed, threatened or abused a Link, Freelancer, employee or another User;

h. suspension is necessary to protect Create Links, its personnel, another User or a third party;

i. Create Links is required to act by law, court order, regulator or payment provider; or

j. continued access may expose Create Links to legal, reputational, operational or security risk.

21.2 Protective suspension

Create Links may impose a temporary protective suspension while investigating suspected misconduct or a security incident.

A protective suspension does not imply that Create Links has made a final determination of wrongdoing.

21.3 Notice

Where reasonably practicable and lawful, Create Links will notify the Client of:

a. the suspension;

b. the general reason for it; and

c. any action required to restore access.

Create Links may withhold information where disclosure could prejudice an investigation, compromise security, breach confidentiality or violate law.

21.4 Effect of suspension

During suspension:

a. the User may lose access to the Platform and Content;

b. active work may be paused;

c. deadlines may be affected;

d. Links or Freelancers may be reassigned or instructed to stop work;

e. the Client must not attempt to bypass the suspension; and

f. payment obligations may continue where the suspension results from the Client’s breach.

21.5 Restoration

Create Links may restore access after the underlying issue has been resolved to its reasonable satisfaction.

Restoration may be conditional upon:

a. payment of overdue amounts;

b. resetting credentials;

c. removing prohibited Content;

d. changing Account permissions;

e. providing verification information;

f. agreeing a remediation plan; or

g. providing reasonable assurances regarding future conduct.

21.6 No liability for justified suspension

Subject to applicable law and the Agreement’s liability provisions, Create Links shall not be liable for loss resulting from a suspension or restriction reasonably imposed under these Terms.

22. Misconduct by a Link, Freelancer or Other Individual

22.1 Reporting concerns

The Client must promptly report suspected:

a. fraud;

b. theft;

c. unauthorised access;

d. misuse of Client information;

e. harassment;

f. data misuse;

g. misrepresentation;

h. breach of confidentiality; or

i. other serious misconduct

by a Link, Freelancer or other person providing Services through Create Links.

Reports should be sent to hello@createlinksmedia.com with available supporting information.

22.2 Immediate protective action

Upon receiving a credible report, Create Links may:

a. suspend the individual’s Platform access;

b. remove the individual from the Client’s work;

c. revoke or request revocation of Client-system access;

d. preserve relevant records;

e. investigate the matter;

f. notify insurers, advisers, regulators or law-enforcement authorities where appropriate; and

g. appoint a replacement individual where reasonably available.

22.3 Limits of authority

A Link or Freelancer is authorised only to perform the Services assigned to them.

Unless Create Links expressly confirms otherwise in writing, no Link or Freelancer has authority to:

a. enter into contracts on behalf of Create Links or the Client;

b. incur liabilities in the name of Create Links or the Client;

c. make warranties or guarantees on behalf of Create Links;

d. access Client systems beyond the permissions granted;

e. collect payments from the Client;

f. request payment to a personal account;

g. appoint sub-contractors;

h. disclose Client Confidential Information; or

i. use Client property for an unrelated purpose.

The Client should not rely on representations by an individual that exceed this authority.

22.4 Intentional misconduct outside authorised Services

To the fullest extent permitted by law, Create Links shall not be responsible for an individual’s independent criminal, fraudulent, malicious or deliberately unauthorised acts committed:

a. outside the scope of assigned Services;

b. for the individual’s personal benefit;

c. contrary to Create Links’ policies and instructions; and

d. without Create Links’ knowledge, approval or authorisation.

This clause does not exclude any liability that cannot lawfully be excluded and does not remove Create Links’ obligation to take reasonable action after becoming aware of a credible risk or incident.

22.5 Client precautions

The Client is responsible for maintaining reasonable internal controls, including:

a. least-privilege access;

b. separate user accounts;

c. approval controls for financial transactions;

d. backups;

e. monitoring of high-risk system activity;

f. prompt revocation of unnecessary access; and

g. not sharing master passwords, payment credentials or unrestricted financial access.

The Client should not provide a Link or Freelancer with authority to transfer money, change banking details, approve payments or enter binding contracts unless that authority has been expressly documented and appropriate controls are in place.

22.6 No blanket guarantee of individual conduct

Create Links may conduct screening, interviews, references, training or other checks, but no screening process can guarantee a person’s future behaviour.

The Client acknowledges that reasonable vetting reduces risk but cannot eliminate the possibility of misconduct, negligence, dishonesty or human error.

22.7 Cooperation

The parties shall reasonably cooperate in investigating serious misconduct.

Create Links is not obliged to disclose:

a. confidential employment or contractor information;

b. legally privileged information;

c. information relating to another client;

d. information that could prejudice an investigation; or

e. information whose disclosure would breach applicable law.

23. Consequences of Breach

If a User breaches these Terms, Create Links may, depending on the nature and seriousness of the breach:

a. issue a warning;

b. require corrective action;

c. remove or restrict Content;

d. limit Platform features;

e. suspend an Account;

f. terminate access;

g. cancel or pause Services;

h. preserve evidence;

i. report conduct to relevant authorities;

j. pursue recovery of losses; or

k. seek injunctive or other legal relief.

The exercise of one remedy does not prevent Create Links from exercising another available remedy.

Clauses intended by their nature to continue after suspension, Account closure or termination shall survive, including clauses relating to Intellectual Property Rights, confidentiality, payment, liability, disputes and governing law.