1.Who this agreement is with
This agreement is between you 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 you.
It covers jobs from listings on the Club board, whether Social Spark posted the listing or a brand did. The brand named on a listing is who the content is for. We run the job: we send you the brief, check your work and pay you. You don’t sign a separate contract with the brand.
Some jobs come from a Social Spark client project and arrive with their own contract. Where a job has its own contract, that contract applies instead of these terms.
These terms sit alongside our terms of service. Where the two say different things about a job, these terms apply.
2.What your agreement for a job is made of
- The listing as it was when you applied, including its terms (deliverables, usage, exclusivity, timeline, revisions, raw footage and fee) and its “What you’re agreeing to” points.
- The brief, and anything we agree with you in writing in the job’s messages.
- These job terms.
If they say different things, the listing and anything agreed in writing for that job come before these general terms.
Every listing names the version of these terms it uses. The version you agree to when you accept a job stays the one that applies to that job, even if we change these terms later.
3.Applying and being accepted
Applying doesn’t promise you the job. We decide who is offered it, sometimes with the brand, and we don’t have to give a reason.
If you’re picked, we send you an offer in the app. You agree to the listing and to these terms when you accept the offer, and no work starts before then. You can turn an offer down without giving a reason.
What you tell us when you apply has to be true. If it isn’t (for example your age, or that you have a UK address a product can be posted to), we can withdraw the offer or end the job.
4.You work for yourself
You take on each job as a self-employed person, not as our employee or the brand’s. Within the brief, how you make the work is up to you.
You’re responsible for your own tax and National Insurance, and for telling HMRC about what you earn. We pay you the full amount without taking tax off.
On a casting call you work as a self-employed performer and must have the right to work in the UK.
5.Making the work
- Make what the listing and the brief ask for, by the dates in the listing. If you can’t make a date, tell us in the job’s messages as soon as you know, and we’ll agree a new one if we can.
- The work must be yours and made for this job. Don’t use anyone else’s footage, images or music unless you have the right to use them in this way.
- Only film people who have agreed to be filmed. Where a listing asks you to, ask them on camera before you film and keep that clip.
- If the video may be used in paid ads, the music has to come from the platform’s commercial library, or the video has no music.
- Only say what’s true about the product and show what you actually experienced. Don’t make claims about results, health or money that the brief doesn’t give you, and never invent a result.
- Keep the brief to yourself, along with anything we tell you about a product that isn’t public yet, until the brand has made it public.
6.When you post it yourself
Some listings ask you to post the video on your own account. When they do:
- Post the approved version, within the number of days after approval the listing gives.
- Start the caption with “Ad” and switch on the platform’s paid-partnership label. Do this on every listing where you post, paid or not: free access, a product you keep and flights all count as payment under the UK advertising rules.
- Keep the post up, without editing it, for the usage period in the listing, unless we agree otherwise.
7.Changes and approval
Send the work through the job page in the app. We check it against the brief and the listing, and give you feedback within the number of days the listing gives.
You make as many rounds of changes as the listing allows. A change corrects a fact or fixes something that doesn’t meet the brief or the rules in the listing. 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 you agree, with any extra fee agreed in writing first.
The work is approved when we mark it approved in the app. We approve work that does what the brief and the listing ask. Once the changes the listing allows are used up, we don’t hold back approval over taste.
If the work still doesn’t meet the brief after those changes, for example because something the brief requires is missing or one of the listing’s rules is broken, we can decline it and will tell you why. A declined video isn’t paid for, and the brand can’t use it.
8.Getting paid
On a paid listing, we pay you the fee within the number of days after approval the listing gives (after the filming day, on a casting call). You get all of it: brands pay our service fee on top of your fee, and we take nothing from yours.
On a brand’s listing, we only send you an offer once the brand has paid us the fee, and we hold it until your work is approved.
We pay through Stripe, into the payouts account you set up on the Payouts page. You need a working payouts account before we can pay you, and Stripe may ask you to confirm who you are. Your bank details stay with Stripe: we never see or store them.
Portfolio builders are unpaid listings, with no fee. What you get is set out in the listing: a proper brief, a piece for your portfolio, and any reward the listing names, such as a product you keep or access to an app. A reward never depends on you leaving a review or a rating, and we’ll never ask you for one.
We don’t cover costs you pay out yourself unless the listing says we will.
9.Access, products and trips
For an app or website, we send you access within the number of days the listing gives. Use it for the job only.
For a product, we post it to the UK address you give us. If the listing says you keep it, it’s yours. If not, send it back after filming and we pay the postage. If it arrives damaged or doesn’t arrive, tell us in the job’s messages before you film.
For a trip, the listing says what we pay for, which is usually return flights with the baggage that comes with the ticket, and sets out fixed tests the video has to pass. If the video fails one of those tests, you pay back what we spent on the flights, as the listing explains. Whether we like the video is never one of the tests. Anything the listing doesn’t cover is yours to arrange and pay for, including accommodation, food, transfers, activities, travel insurance, and the passport and documents the country needs. Being accepted doesn’t guarantee a flight: if we can’t find a suitable one in the travel window, we may change the offer or cancel it.
10.Who owns the work, and how it can be used
You own the copyright in what you make, and you keep it.
When the work is approved, you give the brand named on the listing 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. We get the same permission, so that we can deliver the work and run the job. When the usage period ends, the brand stops using the video in ads and in new posts.
Raw footage you send can only be used to make the agreed video, and versions of it within the same usage.
Using the video in any other way (for longer, in paid ads when the listing says not, or for another brand) needs your agreement and a fee agreed in writing first. On an unpaid listing, use is never longer than 12 months, and never in paid ads unless you get something real in return.
You can always show the work in your portfolio. If it’s for a product that isn’t public yet, wait until the brand has made it public.
If the listing has exclusivity, you don’t take paid work from other brands in the category it names, for the number of months it gives. Unpaid listings never ask for it. Without it, you’re free to work with anyone.
11.The files you deliver
Approved final videos, and the records that go with them, are kept long term as the record of what was delivered and approved. They aren’t deleted on a timer.
Working files (raw footage, and drafts that were replaced) are kept for at least 90 days after the job’s final approval, and may then be removed. Nothing is cleared while a job is still in changes. We tell you about 14 days before anything is removed, and wait at least 7 days after telling you, so you can download what you want to keep. If we haven’t told you, nothing is deleted.
12.Contact details, and working outside the Club
Brands don’t see your contact details, your social handles or your surname before a booking, and we remove contact details from what you write to a brand in an application.
Don’t send a brand your contact details through the Club, or ask for theirs, to arrange work outside it. If a brand you met through a listing asks to work with you directly in the 12 months after your job, tell us through Help and support.
13.If something goes wrong
If anything about a job worries you, or a brand or anyone else asks you for something outside the brief, use “Get help” on the job page or Help and support. We reply in the app and by email.
On a job in person, you can leave at any point if you feel unsafe. Tell us as soon as you can.
If you and we disagree about a job, for example about whether the work meets the brief, raise it in Help and support. We look at the brief, the listing and the work, and give you our decision in writing on your request. That doesn’t affect your legal rights.
14.Ending a job
You can turn an offer down at no cost. Once you’ve accepted, tell us straight away if you can’t do the job. Send back any product we sent you, including one the listing would have let you keep. On a trip, the payback terms in the listing apply.
We can end a job if you break these terms or the listing’s rules, if something you told us when you applied wasn’t true, or if the work isn’t delivered by the deadline and we haven’t agreed a new one.
If we or the brand cancel a job after you’ve accepted it, and it isn’t because of anything you did, we tell you why in the app. On a paid job you’ve already started, we agree a fair payment with you for the work you’ve done.
15.Responsibility
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 what you say and do outside the brief, including anything you post that breaks the law or someone else’s rights. Neither of us is responsible to the other for losses that couldn’t reasonably have been expected when the job was agreed.
16.Changes to these terms, and the law that applies
We may update these terms. A new version applies to jobs from listings that name it. A job you’ve already accepted stays on the version you accepted.
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.
