HIRE THE WORLD ENTERPRISES INC. FEES ADDENDUM
Last Updated as of December 6th, 2012
This Fees Addendum forms a part of and is subject to the Terms of Service of Hire the World Enterprises Inc. (“HTW”) last updated on December 6th, 2012. All capitalized terms used in this Addendum, unless otherwise defined herein, shall have the meanings for such capitalized terms as set out in the Terms of Service.
The amount payable by an Employer: The total payment made by an Employer to HTW when a Design Contest is initiated (the “Employer Payment”) is comprised of:
- the fee which will be paid to the Designer for their winning design awarded through a Design Contest (“Design Fee”) which will be specified by the Employer when the Design Brief is created;
- the fee charged by HTW for advertising your Design Contest on the Site (the “Listing Fee”) as set out in www.hiretheworld.com/pricing; and
- any additional fees, if applicable, as set out in www.hiretheworld.com/pricing.
- fees and charges payable to a third party in respect of a tender held by an Employer to invite one or more Designers to submit a Design (a “Design Contest”);
- any applicable duties, sales taxes, GST, VAT or other taxes (the “Taxes”) payable for the Design or the services provided; and
- any portion of the Employer Payment payable to HTW after deduction or payment of the above amounts.
Multiple designs chosen: If you, as an Employer, select more than one Design Concept as a winning Design for your Design Contest, then in addition to Employer Payment payable by you, you must pay:
- the amount of Design Fee payable in respect of each winning Design chosen by you; and
- any applicable fees and charges payable to HTW (as they exist from time to time).
How is the Employer Payment made? The Employer Payment is paid using any method of payment which is specified by HTW from time to time which may include credit card, PayPal, or direct debit.
What amounts are paid to Designers?
- If you, as a Designer, win a Design Contest, then HTW will pay you the amount of the Design Fee minus a 20% prize commission (subject to having first received payment from the Employer).
- The Design Fee will be paid to you via PayPal or another form of payment specified by HTW from time to time.
How are refunds paid? If refunds are permitted in respect of a Design Contest or a Design purchased, and HTW issues the Employer a refund, that refund will be paid by a method chosen by HTW. HTW’s determination as to whether a refund is required is final and conclusive and may not be challenged by an Employer or a Designer.
Withdrawn Design Contests: If you, as an Employer, are permitted to, and do withdraw a Design Contest, then you may be refunded any amount of the Employer Payment paid in respect of the Design Contest minus the Listing Fee and any fee associated with add-ons or upgrades purchased by you.
HTW’s money back guarantee for Prepaid Contests: If you, as an Employer, host a “Prepaid Contest” (which means the default Design Contest type offered by HTW and is a Design Contest that is not a guaranteed contest), then you may seek a refund of the Employer Payment paid by you minus any fees administered by HTW at any time up to 15 days after the date the Employer Payment is made, but only if:
- a successful Design Concept was not chosen by you; and
- a Designer is yet to be paid by HTW for the provision of their Design.
Refunds for “Defective” Designs:
- If a refund is paid to an Employer as a result of a “Defective” (as defined below) Design, then:
- if the Design is provided by you, in your capacity as a Designer, then you must reimburse HTW for the amount of the Design Fee you received in respect of that Design; and
- if the refund is paid to you as an Employer, then you will receive an amount equal to the amount of the Design Fee only once the Design Fee is returned from the Designer to HTW.
- HTW retains the right to retain any administration fees that it deems appropriate in its sole and absolute discretion. These fees may include currency fees, withdrawal fees, PayPal transfer fees, employee fees or any other type of fee that HTW may set from time to time.
When is a Design deemed to be “Defective”?
- A Design will be deemed to be “Defective” if:
- both the Employer and the winning Designer agree it is defective and notify HTW of this fact;
- HTW receives a demand or claim from a third party who claims ownership of the Design or the “Intellectual Property Rights” (which means all rights that subsist in copyright, patent rights, trademark rights, industrial designs, trade secrets or similar rights recognized at law, whether or not such rights are registered or able to be registered, of a third party) in the Design and HTW accepts (to be determined by HTW in its sole and absolute discretion) that there may be grounds for the third party's claim; or
- HTW deems (in its sole and absolute discretion) that it is defective.
- Any determination by HTW that a Design is defective is final and conclusive and is not subject to challenge.
- If HTW determines that a Design is not defective, this will not restrict an Employer from pursuing a Designer separately for amounts paid by HTW to the Designer.
Other circumstances in which a refund may be paid: HTW may refund an amount paid by an Employer in respect of a Design supplied by a Designer if:
- HTW is required by law or considers that it is required by law to do so;
- HTW determines that issuing a refund to the Employer will avoid any dispute or increased costs to HTW;
- HTW issues the refund to the Employer in accordance with any refund policy specified by HTW from time to time;
- the order placed by the Employer is found to be fraudulent;
- the Employer placed a duplicate order in error; or
- in HTW’s sole opinion, HTW considers that it is likely that the refund is necessary to avoid a credit card charge back.