Upstir Terms of Service

Last Update: October 2021

Welcome to upstir.co.uk.

The following terms of service (these "Terms of Service"), govern your access to and use of the upstir website and mobile application, including any content, functionality and services offered on or through www.upstir.co.uk or the Upstir mobile application (the "Site") by Upstir Ltd. (Manchester, UK). Upstir is referred hereto as "Upstir" "we" or "us" and “you” or “user” means you as an user of the Site.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service, upstir Payment Term, and our Privacy Policy, each of which is incorporated herein by reference.

If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 16 years of age or older. If you are under 13 you may not use this Site or the upstir services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Service team is available most days 9am-5pm (GMT) if you have any questions regarding the Site or Terms of Service.

Contacting our Customer Service team can be done by email | live chat | contact form.

The language of these Terms of Service, as well as all other texts throughout the Site, is English. Upstir makes available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

Key Terms

Buyers are users who purchase services on Upstir.
Custom Orders are requests made by a Buyer to receive a Custom Offer from our team.
Logo Design is an original design for a logo created by the Upstir team.
Order Page is where Buyers complete their service order.
Orders are the formal agreements made between a Buyer and us after a purchase has been made from our website.

Overview (Main terms, in a nutshell)

Only registered users may buy on Upstir. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
Buyers pay Upstir in advance to create an order.
Orders are purchased through the Basket found on the homepage.
The Total Order Amount is the amount that must be settled before your service will commence.
Upstir aims to fulfil all orders, in some circumstances we may have to cancel an order, but we won't do this without a genuine reason..
When purchasing a Service, Buyers are granted all rights for the delivered work, unless otherwise specified by us on the particular Service page. Note: we offer our 'Free Logo Design Service' as a 'free' service and it is free for the design presentation, there are however additional charges to purchase the usage rights and digital .png file. See our “Ownership” and “Commercial Use License” sections below for more information.
Upstir retains the right to use all published delivered works and Logo Designs for Upstir marketing and promotion purposes.
We care about your privacy. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.
Users undertake to comply with Upstir's Community Standards, which are a set of behaviour rules and guidelines, applicable to the Upstir community and marketplace in addition to these Terms of Service, as updated from time to time.

Custom Service

A Custom Service is an order with a service or package customised to the specific requirements of a Buyer.
Custom Services are provided with the exact description of the service, the price and the time expected to deliver the service.
Custom Services can be organised through live chat, email or contact form.
Services requested through Custom Services may not violate Upstir Terms of Service and/or our Community Standards.

Service Subscription

Upstir may offer Buyers an open-term subscription for a specific service (the “Subscription”). During the Subscription period, Upstir will deliver one Order of the chosen service each month.
Buyers may cancel future Orders under the Subscription before payment is made for such future Orders. In such case, the Orders under the Subscription will be cancelled, as applicable. Once payment is made, Upstir's Order Cancellation policy will apply.

Postage of Physical Items

Some of the services on Upstir are delivered physically (paper-based marketing, collectable items, etc.). For these types of services, postage and packaging is always included in the upfront service price.

Important: Buyers who purchase services that require physical delivery, will be asked to provide a shipping address.

Upstir Basics

Upstir retains the right to use all publicly published delivered works for Upstir marketing and promotional purposes.
Buyers may request a custom service via email, live chat or contact form.
Services requested on Upstir must be an allowed service on Upstir.

Purchasing

All of our prices are inclusive of VAT/Tax.
Buyers can request a Custom Service Order which addresses specific Buyer requirements, and receive a Custom Service offer from Upstir through the site (live chat) or through email.
You should always use the upstir checkout when purchasing Upstir services.
Custom Service orders can be paid by PayPal or by bank transfer using the details provided on the bottom of your invoice.

Order Basics

Once payment is confirmed, your order will be created and given a unique Upstir order number.
We mark your order as 'Complete' after it is either sent to your email or physically dispatched.
Orders through the 'FREE LOGO DESIGN' promotion are partially completed once the questionnaire is completed and the logo is received by the customer. The service will only be marked fully complete if Buyer goes on to purchase the usage rights and transparent .png file.
Buyers may purchase an open-term Subscription to a specific service. During the Subscription period, a new Order of the same service will be automatically created each month. By purchasing a Subscription, you authorise us to automatically charge you for each Order under the Subscription from your saved payment method, as applicable. If you do not have a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by Buyer, for any other reason, the Orders under the Subscription will be cancelled. Buyer may also cancel future Orders under the Subscription before payment is made for such future Orders. Once payment is made, Upstir's Order Cancelation policy will apply.
Certain services might require Buyers to meet in person with the Upstir team in order for us perform the service. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner.
Upstir’s Terms of Service remain applicable to service orders that are performed outside of the online marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behaviour & Language, and Targeted Abuse).

Handling Orders

When a Buyer orders a service, we are notified by email.
Upstir endeavours to meet the delivery time we specified when creating our service. If a project is delivered late, Upstir may make a goodwill gesture for the inconvenience, however this is at discretion of the Upstir team.
We'll always send completed files to your provided email address before we mark them as Delivered.
Users are responsible for scanning all transferred files for viruses and malware. Upstir will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
Buyers may Request Revisions even after an Order is marked as Delivered if the delivered items do not match Upstir's description on their service page, or they do not match the requirements sent to Upstir at the beginning of the custom service order process.

Reviews

Feedback reviews are provided by Buyers after completing an Order, they an essential part of Upstir's openess to feedback and criticism. Reviews demonstrate the Buyer's overall experience with Upstir and their service. Buyers are encouraged to communicate to Upstir any concerns experienced during their active order in regards to the service provided.
Leaving Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Upstir platform from registered users with an order history. Purchases arranged to abuse the Upstir platform with negative feedback accounts, will result in a permanent suspension of all related accounts and the removal of that feedback
Feedback comments given by Buyers are publicly displayed on that particular product's page.
Work Samples are the delivered images and videos sent to a Buyer in a delivery message.
Responding and posting a review: Once any work is delivered, the Buyer has 7 days to submit a review. If no review is provided within the response period, the ability to submit any further reviews will be declined.
Users are allowed to leave reviews on Orders up to 7 days after an Order is completed. No new reviews may be added to an Order after 7 days.
Once the Buyer submits his/her review, Upstir will receive a notification and will also have the opportunity to leave a review about working with the Buyer.
Once both Upstir and Buyer have completed their reviews, or the 10 days have passed, all posted reviews that are not in breach of these terms are made public.
Feedback reviews are unavailable for orders made through the 'FREE LOGO DESIGN' promotion.

Disputes and Cancellations

We ask our Buyers to raise any issues during the initial design and production phase when we ask for Buyers feedback. For disputes after a service has been delivered we require that you email complaints@upstir.co.uk . Our refund policy applies to these terms of service.

Free Logo Design

Free Logo Design allows Buyers to be provided with sample Upstir designed logo designs (each, a “Logo Design”).

Through the 'Purchase Digital Logo & Usage Rights' product, Buyers will need to purchase full usage rights to the Logo Design embedded with their brand name, on doing so they will obtain the transparent background .png file, a non-watermarked .pdf file and full usage rights (see 'Logo Design Commercial use license') on purchase completion.

You will receive an A4 .pdf file stylesheet with the free logo (watermarked), detailing fonts & colours used.
By submitting an order for a 'free logo design', you should exclusively own all rights to such business or brand name, and it does not infringe any third party rights.
You will not own the logo, or any usage rights until you purchase the 'Purchase Digital Logo & Usage Rights' product found on our site.
We use automated systems that analyse our final Logo Design to help detect and prevent infringement or other illegal content.
You are entitled to 2 reviews of our free logo design.

Logo Design Commercial use license

When a Buyer purchases the 'Purchase Digital Logo & Usage Rights' for a logo design made through the 'Free Logo Design' questionnaire, he/she is subject to purchase of the 'Purchase Digital Logo & Usage Rights' product. Upstir will require this paid and completed purchase before they grant the Buyer the worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design embedded with the Buyer’s brand name for any purpose, except for any illegal, immoral or defamatory purpose.

There is no warranty, express or implied, with the grant of this license, including with respect to fitness for a particular purpose. Upstir will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the Logo Design or the Buyers use of the Logo Design.

For the avoidance of doubt, Upstir retains all ownership rights to the Logo Design, and no ownership or copyrights are granted to the Buyer up until the 'Logo Usage Rights' product is purchased with your correct Logo Creation ID.

Non-payment or payment cancellation before/after the Logo Design is submitted to the Buyer will revoke any issued licence, the Buyer should rectify this if they wish to continue to use the Logo Design, by repurchasing with their Logo Creation ID. We will pursue copyright infringement if this is found to be the case.

Website User Conduct and Protection

Upstir enables people around the world to have content created, shared, and purchase nearly any service they need at an unbeatable value. Upstir maintains a friendly and professional environment. Buyers should keep to that spirit while responding to any business activity or in extensions of Upstir. This section relates to the expected conduct users should adhere to while interacting with Upstir.

To protect our users' privacy, user identities are kept anonymous.
Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
All information and file exchanges must be performed directly to the provided Upstir email address.
Rude, abusive, improper language, or violent messages will not be tolerated and may result in an order cancellation and/or suspension/removal of your account.
Upstir is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate email address: violations@upstir.co.uk.

Non-Permitted Usage

Adult Services & Pornography - Upstir does not allow any exchange of adult oriented or pornographic materials or services.
Inappropriate Behaviour & Language - Communication with Upstir should be friendly, constructive, and professional. Upstir condemns bullying, harassment, and hate speech towards others. This also applies to any of our Social Media pages.
Phishing and Spam - Public security is one of Upstir's top priorities. Any attempts to use Upstir to publish or send malicious content with the intent to compromise an account or computer environment is strictly prohibited.
Privacy & Identity - Any exchange of personal information required for the completion of a service must be provided in the Order Page. Upstir confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer and internal marketing.
Intellectual Property Claims - Upstir will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service, please email details to: violations@upstir.co.uk.
Fraud / Unlawful Use - You may not use Upstir for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts - To prevent fraud and abuse, users are limited to one active Upstir account. Any additional account determined to be created to circumvent guidelines will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Upstir’s Terms of Service is a cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards our Upstir staff or customers.
Selling Accounts - You may not buy or sell Upstir accounts.

Proprietary Restrictions

The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Upstir and protected by copyright, trademark, and other intellectual property laws. Upstir® is a registered trademark owned exclusively by Upstir Ltd.

Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorised third-party software designed to modify the Site; (v) attempt to gain unauthorised access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorise anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Upstir owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

Feedback Rights

To the extent that you provide Upstir with any comments, suggestions or other feedback regarding the Upstir Site as a whole, as well as other Upstir products or services (collective, the “Feedback”), you will be deemed to have granted Upstir an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Upstir is under no obligation to implement any Feedback it may receive from users.

Confidentiality

Upstir recognises that there may be a need for Buyers to disclose certain confidential information to be used by us for the purpose of delivering the ordered work, and to protect such confidential information from unauthorised use and disclosure. Therefore, we agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Upstir specifically agrees to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

General Terms

Upstir reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or services.
Violation of Upstir's Terms of Service may get your account disabled permanently.
Users with disabled accounts will not be able to buy services on Upstir.
Users who have violated our Terms of Service and had their account disabled may email: violations@upstir.co.uk for more information surrounding the violation and status of the account.
Users must be able to verify their account ownership through Customer Service by providing materials that prove ownership of that account.
Disputes should be handled by emailing our special complaints email: disputes@upstir.co.uk.
Upstir may make changes to its Terms of Service from time to time. When these changes are made, Upstir will make a new copy of the terms of service available on this page.
You understand and agree that if you use Upstir after the date on which the Terms of Service have changed, Upstir will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Upstir by our users (Buyers) is User Generated Content. Upstir does not always check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it.

By uploading to, or creating content on, the Upstir platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service.

We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: When purchasing a service on Upstir, unless clearly stated otherwise on our product page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from Upstir, and Upstir waives any and all moral rights therein. Accordingly, we expressly assign to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the service, and the service delivery may not be used if payment is cancelled for any reason.

For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, Upstir agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Services (including for custom created work) charge additional payments for a Commercial Use License. This means that if you purchase the service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License and will have broader rights that cover your business use.

For Voice Over Services, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights Licence which would usually be available on that specific product page. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights Licence.

Voice Over Commercial Licence

When purchasing a Voice Over Service, Upstir grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).

By purchasing a Commercial Rights Licence with your order, in addition to the basic rights, Upstir grants you a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.

By purchasing a Full Broadcast Rights Licence with your order, in addition to the Commercial Rights, Upstir grants you with a license for full broadcasting, which includes internet, radio, and TV "paid channels" including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

These Licences are is subject to Upstir's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Upstir will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Services Commercial Use License

By purchasing a “Commercial Use License” with your Service, Upstir grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased service for Permitted Commercial Purposes.

For the avoidance of doubt, Upstir retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Upstir's Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Upstir will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER UPSTIR NOR ANY PERSON ASSOCIATED WITH UPSTIR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Machine Translation

Certain content on the Site has been translated for your convenience using translation software. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided "as is".

No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.

The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.

Limitation on Liability

IN NO EVENT WILL UPSTIR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, is permitted to work under the guidance of, or is under common control of Upstir, although guidance is issued, Upstir cannot be held liable for actions or false promises made by our affiliates. Affiliates do not own Upstir.