Always Create – Terms & Conditions
These Terms & Conditions (“Terms”) govern the provision of services by Always Create Ltd (“Always Create,” “we,” “us,” “our”) to clients (“Client,” “you,” “your”). Always Create Ltd is a company registered in England and Wales (Company Number 13782070) with its registered office at 2 Frederick Street, Kings Cross, London, WC1X 0ND, United Kingdom. Always Create is a registered trademark of Always Create Ltd. For any enquiries regarding these Terms or our services, please contact us at community@alwayscreate.co. By engaging our services, you agree to be bound by these Terms.
1. Services Provided
1.1 Always Create provides curated creative talent and related services to support brands and agencies in achieving their project goals.
1.2 Vetted Shortlists: Pre-selected freelancers matched for skills and cultural fit.
1.3 Full Talent Match: Creatives matched, introduced, and ready to start with context provided.
1.4 Talent Subscriptions: Ongoing creative support via 6- or 12-month arrangements.
1.5 Campaign Partnerships / Custom Teams: Bespoke creative teams assembled to deliver full campaigns.
1.6 Discretion: Always Create has sole discretion to determine whether a project falls under Vetted Shortlist or Full Talent Match, based on contract length, project complexity, and seniority of the role.
1.7 Contractor Management: Always Create does not handle freelancer contracts, invoicing, compliance, or payments.
1.8 Partners: Always Create works with a network of trusted partners that we may refer clients to for contractor management.
1.9 Additional Fees: Any management of contracts, payments, or invoicing through partners may incur additional fees.
2. Payment Terms
2.1 Upfront Payment: Full payment for one-off services is required prior to commencement of any service.
2.2 Subscription Clients: Payment for subscription services is due monthly in advance unless otherwise agreed in writing.
2.3 Additional Costs: Any additional services, including management of contractor contracts, invoicing, or compliance via partners, may incur extra fees.
2.4 Non-Payment: Always Create reserves the right to suspend or terminate services if payment is not received in accordance with these Terms.
3. Talent Satisfaction & Replacement
3.1 If the Client is not satisfied with a matched creative, the Client may request a replacement at no additional cost.
3.2 Requests for replacement must be made within 14 days of the creative’s start date.
3.3 Always Create will use reasonable efforts to provide a replacement that meets the same criteria as the original match within a reasonable timeframe.
3.4 Always Create does not guarantee the performance, outcomes, or deliverables of any individual freelancer.
4. Cancellation & Early Termination
4.1 One-Off Services: Payments for one-off services are non-refundable once the shortlist or match has been delivered.
4.2 Subscriptions & Retainers:
4.2.1 Cancellation before the end of the contracted period will incur a fee equivalent to the cost of all matched creatives delivered to date.
4.2.2 Refunds for unused months are not available, except at Always Create’s discretion.
4.2.3 For subscription clients paying monthly, any referral or incentive payments will be paid in three monthly installments, following the client’s first three invoices (months 1–3).
4.3 Campaign / Custom Teams: Cancellation fees may be negotiated based on project stage, complexity, and resources already committed.
5. Client Responsibilities
5.1 The Client must provide accurate project requirements, timelines, and any other relevant information necessary for Always Create to deliver services effectively.
5.2 The Client is responsible for providing all information required to legally hire freelance creatives, including compliance with employment laws, tax obligations, and freelancer agreements.
5.3 The Client acknowledges that Always Create’s vetting and matching relies on the accuracy of information provided by the Client.
5.4 The Client is responsible for maintaining communication with assigned creatives and ensuring timely payment for services as agreed.
6. Liability
6.1 Always Create is not liable for the actions, performance, or deliverables of individual freelancers engaged through our services.
6.2 Always Create does not manage contracts, compliance, or payments between the Client and freelancers; liability for these matters rests solely with the Client.
6.3 To the fullest extent permitted by law, Always Create’s total liability under these Terms is limited to the fees paid by the Client for the relevant service.
7. Confidentiality
7.1 Both parties agree to keep confidential any proprietary, sensitive, or non-public information disclosed in connection with the services provided by Always Create.
7.2 Confidential information may only be used for the purpose of fulfilling the obligations under these Terms and may not be disclosed to third parties without prior written consent from the disclosing party.
7.3 This confidentiality obligation survives the termination or expiration of any engagement between Always Create and the Client.
8. Data Protection & Privacy
8.1 Always Create processes personal data in accordance with applicable UK Data Protection laws, including the UK GDPR and Data Protection Act 2018.
8.2 We only collect and process personal data necessary to deliver our services.
8.3 By engaging our services, you consent to us holding and processing personal data as outlined in our Privacy Policy (available on request or via our website).
8.4 You are responsible for ensuring that any personal data you provide to us, or instruct us to process, has been lawfully obtained.
9. Governing Law & Dispute Resolution
9.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales.
9.2 Any disputes arising out of or in connection with these Terms shall, in the first instance, be attempted to be resolved amicably between the parties.
9.3 If a dispute cannot be resolved amicably within 30 days, it may be referred to the courts of England and Wales for resolution.
10. Miscellaneous / General
10.1 Amendments: Always Create reserves the right to update or amend these Terms at any time. Clients will be notified of material changes.
10.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
10.3 Entire Agreement: These Terms constitute the entire agreement between Always Create and the Client regarding the services and supersede all prior agreements, understandings, or communications.
10.4 Third-Party Partners: Always Create may refer clients to trusted third-party partners for additional services, including contractor management. Any arrangement with such partners is solely between the Client and the partner.
10.5 Non-Transferable: The Client may not assign, transfer, or delegate any rights or obligations under these Terms without prior written consent from Always Create.
11. Code of Ethics & Fair Practices
11.1 Always Create does not intervene in contractual, payment, or compliance matters between you and freelance creatives.
11.2 However, by entering into this Agreement, you agree to uphold fair and lawful hiring practices, including but not limited to non-discrimination on the grounds of race, religion, gender, age, disability, or any other protected characteristic under applicable law.
11.3 You further agree to engage with freelance creatives in good faith, which includes ensuring timely payment, clear communication, and professional conduct.
11.4 Always Create takes allegations of unfair practices — including non-payment to freelancers — seriously. Such conduct may result in immediate suspension or termination of our services, at our discretion, and without refund.
12. Client Agreement
By engaging with us, the Client acknowledges that they have read, understood, and agree to abide by the Always Create Terms & Conditions.