Terms for brands

This agreement is between your business and Social Spark Marketing LTD, company number 16667527, registered office 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom, trading as Social Creator Club. In these terms “we” and “us” mean that company, and “you” means the business named on your brand account. Whoever creates the account confirms they can agree to these terms for that business.

These terms sit alongside our terms of service and privacy policy. Where they say different things about your use of the Club as a brand, these terms apply.

If you move to Social Spark’s done-for-you service instead, that work runs under its own contract with Social Spark, and these terms stop applying to it.

Give us accurate details about your business and keep them up to date. Keep your login to yourself: you’re responsible for what happens under your account.

We can pause or close a brand account that breaks these terms, posts listings that aren’t true, or puts creators at risk.

Creating an account, posting listings and seeing who applies are free.

When you book a creator, you pay the creator’s fee plus our service fee of 15% of that fee. Creators keep the whole of their fee. We’re not VAT registered, so we don’t charge VAT on our service fee.

We tell you the total before anything is agreed. When you choose an applicant, we send you a request to pay it, and you pay by card in the app through Stripe. We don’t see or keep your card details. We send the creator the offer once you’ve paid, and hold the creator’s fee until their work is approved. If we agree another way for you to pay, the same applies.

We check every listing before it goes on the board. We can ask you to change it, refuse it, or take a live listing down.

• Everything in a listing must be true: about your business, your product, what you’re asking for and what the creator gets.
• Brands can post listings for videos about an app or website, and videos about a product. Trips and casting calls are posted by Social Spark.
• Unpaid listings (portfolio builders) are limited to protect creators: one video, no exclusivity, use for 12 months at most, one round of changes, and not all the raw footage. They can only include paid ads when the creator gets something real in return.
• Paid listings can ask for up to 24 months’ use, up to three rounds of changes, and up to 12 months’ exclusivity in a category you name.
• Don’t ask creators to review or rate your product, and don’t make anything they get depend on a review or a rating.
• Images you upload must be yours to use and must show the product honestly.

We add standard wording to every listing, for example on the creator’s age, labelling posts as ads, filming only people who agree to it and the creator’s right to show the work in their portfolio. You can’t remove it.

The applicant profiles you see leave out contact details, social handles and surnames, and we remove contact details from what applicants write to you.

Tell us which applicants you’d like to book. We send the offer, and the creator accepts or declines it. Applying doesn’t commit a creator to your job.

The creator’s agreement for the job is with us, under our job terms for creators and your listing. You don’t sign a separate contract with the creator.

• For an app or website, give us access for the creator within the number of days the listing gives.
• For a product, send it within the number of days the listing gives, in the way we arrange with you. If we give you a creator’s address so you can post it, use the address for that only and delete it once the product has arrived.
• The brief and anything else you tell us must be accurate. You’re responsible for your product being safe and legal to sell in the UK, and you must be able to back up any claim about it that you ask a creator to make.
• Don’t ask a creator to hide that a post is paid for.

We check the creator’s work against your brief and the listing, and ask for changes within the rounds the listing allows. A change corrects a fact or fixes something that doesn’t meet the brief or the listing’s rules. A request for something the brief didn’t ask for, such as a new idea, a new script or a different product, counts as new work: it only happens if the creator agrees, with any extra fee agreed in writing first.

We approve work that does what the brief and the listing ask. Once the allowed changes are used up, approval isn’t held back over taste. If you think the work doesn’t meet the brief, tell us before it’s approved and we’ll check it.

When the work is approved, we pay the creator and send you the approved files.

If the work isn’t delivered, or still doesn’t meet the brief after the changes the listing allows, we refund what you paid for that job, including our service fee.

If the creator turns the offer down, we refund you in full. You can cancel a booking before the creator accepts the offer, and we refund it in full. After they’ve accepted, tell us straight away. If they haven’t started, we refund in full. If they have, we pay them fairly for the work done out of what you paid and refund the rest.

Refunds go back to the account or card you paid from.

The creator owns the copyright. When the work is approved, you get permission to use the approved video in the way the listing’s usage line sets out: for how long, on whose channels, and whether that includes paid ads.

Within that usage you can make versions of the approved video, such as cut-downs, captions and different formats, as long as you don’t change what the creator says or make it look as if they said something they didn’t. Raw footage the creator sends is for making those versions only.

When the usage period ends, stop using the video in ads and in new posts. Posts already up can stay.

Any other use needs the creator’s agreement and a fee, agreed through us in writing first. That includes using the video for longer, in paid ads when the listing says not, from the creator’s own account, or for another brand.

The creator can show the work in their portfolio once your product is public. Exclusivity applies only as the listing sets it out.

Don’t contact a creator you found through the Club outside it, or ask for their contact details, to arrange work. For 12 months after a creator applies to one of your listings, book them through the Club. If you book them another way in that time, you pay us the service fee we would have charged: 15% of what you pay them.

We tell you about your listings, applicants and jobs in the app, and by email for the ones that need you.

Questions and problems go through Support in the brand app. If you disagree with a decision about a listing or a job, we look at the brief, the listing and the work and give you our decision in writing on your request.

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn’t allow to be limited.

You’re responsible for your product, your brief and the claims you ask creators to make. If someone makes a claim against us or a creator because of them, you cover the cost.

Otherwise, our total liability to you for a job is limited to what you paid for that job, and neither of us is responsible to the other for losses that couldn’t reasonably have been expected when the job was agreed.

We may update these terms. We’ll email you before a change that affects you takes effect. A booking already agreed stays on the version in force when it was agreed.

You can close your account by asking us through Support. Bookings already under way finish under these terms.

These terms are governed by the law of England and Wales, and the courts of England and Wales can hear any dispute about them. Questions about these terms go to hello@thesocialspark.co.uk.