Terms of Service
FCPTalent a subsidiary of Fourth Wall Distribution Pty Ltd ABN 52 154 438 212 (collectively, “FCPTalent,” “we,” “us,” “our”) provides an online booking and matching service that connects production and post production freelancers and users requiring on-demand production services (collectively, the “Services”) through its website located at www.fcptalent.com (the “Site”) related services (collectively, such services, including any new features, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on the Terms of Service page on the Site and will indicate at the top of the page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
The Site includes an online marketplace through which Freelancers (defined below) may offer production and post production Services (defined below) and Employers (defined below) may book such services. You acknowledge and agree that: (1) FCPTalent is not a party to any agreements entered into between Freelancers and Employers, (2) FCPTalent only provides matching and payment processing services, (3) Employers contract for production services directly with Freelancers (4) FCPTalent is not a broker, agent (except as expressly set forth below) or insurer, and (5) FCPTalent has no control over the conduct of Freelancers, Employers, or any other users of the Site or Services, and FCPTalent disclaims all liability in this regard. Different sections of the Site and Terms of Service affect Freelancers and Employers differently, so please be sure to read these terms carefully.
“User” “you” or “your” means a person, organization or entity using the Services, including Employers and Freelancers.
“Employer” means a person who completes FCPTalent’s account registration process to book a Freelancer.
“Freelancer” means a video production or post production individual who can provide the services sought and who is accepted by FCPTalent on the Site.
“Production and Post Production Services” means video-related production services, including but not limited to: video film editors (all platforms), camera operators, graphics and motion graphics editors, 3D and Cinema 4D, directors, producers, drone operators, production assistants, location and post audio, colour grading and compositing, make-up artist.
Access and Use of the Service
As stated above, FCPTalent’s Services make available a marketplace with related technology for Employers and Freelancers to arrange for the matching of an Employer with a Freelancer and booking of Services. FCPTalent’s responsibilities are limited to: (i) facilitating the availability of the Site, and (ii) serving as the limited agent of each Freelancer for the purpose of facilitating introductions that may or may not lead to freelance or contract employment with the Employer.
Your Registration Obligations
User Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify FCPTalent of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. FCPTalent will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service
FCPTalent reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FCPTalent will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage
You acknowledge that FCPTalent may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on FCPTalent’s servers on your behalf. You agree that FCPTalent has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that FCPTalent reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that FCPTalent reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
FCPTalent endeavors to match an Employer with the most suitable Freelancer(s) based on information provided by the Employer. A number of Freelancers may be presented as options to an Employer as part of the matching process, in which case it is the Employer’s responsibility to make the final choice as to which Freelancers provides Services. An Employer will be able to book the Services though the Site (“Booking”). FCPTalent does not set freelancer rates, this is agreed between Employer and Freelancer prior to booking confirmation. FCPtalent reserves the right to decline an Employer or Freelancer at it’s sole discretion at any time.
Certain Freelancer Obligations
As a Freelancer, you must provide FCPTalent with any information requested in order for FCPTalent to match you to an Employer, such as information on your background, experience and skills, examples of work, showreels, CV, contact details and references. Once you are matched with an Employer you have the right to turn down the job, but FCPTalent has sole discretion to determine if such refusal will harm your ability to be matched in the future. FCPTalent may also request that you submit a portfolio of previous works. FCPTalent has sole discretion as to which Freelancers are put forward to Employers to be matched and we reserve the right to reject any potential Freelancer and remove any Freelancer from the marketplace for any reason. FCPTalent may, but is not required to, conduct background checks on Freelancers should an Employer require it. Freelancers will be notified in writing of this prior to being matched to an Employer and will be given the opportunity to turn down the job prior to any background check taking place.
Each Freelancer is solely responsible for obtaining all insurance, permits, licenses and other permissions required to offer or provide services and FCPTalent assumes no responsibility for a Freelancers failure to obtain such permits, licenses or permissions or otherwise comply with any applicable laws, rules or regulations. Freelancers are responsible for their own equipment as it relates to providing agreed Services, except in the case that the Employer is providing the equipment in which instance the Employer is responsible for equipment and related maintenance and insurance.
You understand and agree that FCPTalent is neither an insurer nor a contracting agent or employer for you as a Freelancer. If an Employer purchases any of your Services, any agreement you enter into with such Employer is between you and the Employer and FCPTalent is not a party thereto. Notwithstanding the foregoing, FCPTalent serves as your limited authorized agent for the purpose of accepting payments from Employers on your behalf and FCPTalent is responsible for transmitting your portion such payments to you. You acknowledge and agree that, as a Freelancer, you are responsible for your own acts and omissions. Each Freelancer understands the fact that FCPTalent does not offer any medical coverage for bodily harm or injury that may result from providing the Services. FCPTalent will not reimburse for any medical bills, transportation or loss of wages as a result of the injury or for any accommodations.
Each Employer agrees to pay all applicable fees for Services to either FCPTalent or direct to the Freelancer. All Freelancer Fees are payable in the currency agreed between Freelancer and Employer at the time of Booking. If an Employer requests amended Services, including but not limited to changes to the time, location or type of Services provided (“Variation”), a change fee may be charged. All change fees are payable before any Variations will be accepted and performed
You shall be responsible for all taxes (including Australian Superannuation) associated with the Services.
Unless otherwise specified, FCPTalent’s standard service with 24 hour window to provide suitable Freelancers for consideration is free to Employers. Urgent requests (1 hour window to match) incur a rush fee of AUD100 + GST, invoiced on Freelancer confirmation.
Unless otherwise specified FCPTalent charges the Freelancer a fixed rate of 10% of total value of the job as agreed with the client, excluding GST. This fee is payable to FCPTalent upon invoicing and is due when payment from Employer has been received. FCPTalent accepts no responsibility for non-payment by Employer however will use reasonable endeavours to support Freelancer in obtaining payments.
Upon prior agreement with Employer, FCPTalent will manage all payments to Freelancers. Employer payments are due prior to Freelancers commencing work and will be held until job is complete upon which time FCPTalent will retain it’s 10% fee paying the remaining amount into the Freelancers nominated bank account.
Conditions of Use
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You agree to not use the Service to:
a) email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of FCPTalent, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose FCPTalent or its users to any harm or liability of any type;
b) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
c) violate any applicable local, state, national or international law, or any regulations having the force of law;
d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e) solicit personal information from anyone under the age of 18;
f) harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Indemnity and Release
You agree to release, indemnify and hold FCPTalent and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee.
Limitation of Liability
You expressly understand and agree that FCPTalent will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if FCPTalent has been advised of the possibility of such damages), whether based on contract, negligence, liability or otherwise, resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.