Terms of Use
Last updated: 28 July 2026
These Terms & Conditions govern access to and use of the websites available at https://swansta.com and https://starwn.com, including the services, features and functionality made available through those websites.
By accessing either Website, creating an Account, submitting a Project Request, placing an Order, uploading materials, applying as an Independent Service Performer or otherwise using the Platform, you confirm that you have read, understood and agreed to be legally bound by these Terms.
Please review these Terms carefully before using the Platform, submitting a Project Request or placing an Order.
Definitions
Account means a personal account registered through either Website in the name of a specific individual.
Business Representative means an individual authorised to use the Platform on behalf of a business, organisation or other legal entity. The Account remains personal to that individual.
Company, we, us or our means SWANSTAR ENTERPRISES LIMITED, company number 16864192, with its registered office at International House, 50 Essex Street, London, England, WC2R 3JF. The Company owns and operates the Websites and provides the Platform Services.
Consumer means an individual acting wholly or mainly outside their trade, business, craft or profession.
Customer means a User who submits a Project Request, confirms an Order or purchases Marketing Services through the Platform.
Deliverables means the digital visual materials, written content, documents, plans or other results identified in an Order Confirmation.
Independent Service Performer or Service Performer means an independent third-party professional who offers and performs Marketing Services through the Platform on their own behalf. A Service Performer is not an employee, worker, agent, partner or representative of the Company.
Marketing Services means the visual marketing, content development, copywriting, planning, communication and related professional services offered through the Platform by Service Performers.
Order means a confirmed project engagement created after the Customer accepts the applicable Service Performer, scope, Deliverables, price and other material terms.
Order Confirmation means the electronic order summary or other durable record identifying the material terms of an Order.
Platform or Platform Services means the digital marketplace, Account, service discovery, communication, order administration, payment facilitation, delivery and support functionality operated by the Company through the Websites. Platform Services do not include the independent creation or delivery of Marketing Services.
Project Request means an initial enquiry or description of potential Marketing Services. A Project Request is not a confirmed Order.
Reference Materials means permitted images, documents, video files or other materials supplied solely to explain a project or provide visual or informational context.
Service Listing means a description of Marketing Services, including any applicable scope, Deliverables, pricing format and indicative delivery information.
User Materials means briefs, instructions, files, content, communications and other information submitted through the Platform by a User.
User or you means an individual using the Platform on their own behalf or as an authorised Business Representative.
Websites means https://swansta.com, https://starwn.com and their related pages, interfaces and Account areas.
1. Application and Acceptance
1.1 Acceptance
These Terms apply to all visitors, registered Users, Customers, Business Representatives and Independent Service Performers to the extent that they access or use the Platform.
If you do not agree with these Terms, you must not use the Platform, create an Account, submit User Materials, place an Order or offer Marketing Services.
1.2 Related documents
These Terms must be read together with the Privacy Policy, Acceptable Use Policy, applicable Service Listing, Order Confirmation and any additional project-specific or Service Performer terms expressly accepted through the Platform.
1.3 Order-specific terms
The Order Confirmation governs the Service Performer, scope, Deliverables, price, delivery period, revision entitlement and other material terms of the relevant Order.
If the Order Confirmation conflicts with these Terms on a project-specific matter, the Order Confirmation will apply to that matter. These Terms continue to apply to all other aspects of the relationship.
1.4 Business Representatives
A Business Representative confirms that they are authorised to submit Project Requests, approve Orders and provide instructions on behalf of the relevant business or organisation.
The relevant business or organisation will be bound by an Order properly approved by its authorised representative. The Account must nevertheless be registered using the representative's own name, email address and other required personal details.
1.5 Statutory rights
Nothing in these Terms excludes, limits or replaces any statutory right or remedy that cannot lawfully be excluded or limited.
2. Platform Model and Services
2.1 Role of the Company
The Company owns and operates the Websites and provides the Platform Services through which Users may explore Marketing Services, review Service Listings, submit Project Requests, communicate project requirements, confirm Orders, make payments and receive Deliverables.
The Company may also provide Account administration, technical support, payment administration, complaint handling, fraud prevention, security controls and enforcement of Platform rules.
The Company does not itself create, write, design or otherwise deliver the Marketing Services displayed through the Websites.
2.2 Independent provision of Marketing Services
Marketing Services are offered and performed by Independent Service Performers acting on their own behalf.
Each Service Performer independently determines which eligible services to offer, whether to accept a Project Request and how to perform an accepted Order, subject to the confirmed scope, these Terms, applicable law and Platform rules.
The Service Performer remains responsible for the professional performance, quality, accuracy and delivery of the Marketing Services and Deliverables they agree to provide.
Unless the Order Confirmation expressly states otherwise, the contract for the performance of Marketing Services is between the Customer and the identified Service Performer. The Company remains responsible for the Platform Services and for obligations expressly assumed by it under these Terms.
2.3 Platform review
The Company may review Service Performer applications, Service Listings, Project Requests, User Materials, transactions and Platform activity for administrative, legal, security, fraud-prevention, compliance or Acceptable Use Policy purposes.
Such review does not mean that the Company supervises, certifies, approves or guarantees the professional work of a Service Performer.
2.4 Project Requests and Orders
Submitting a Project Request does not confirm an Order, final price, delivery period, project acceptance or the availability of a particular Service Performer.
An Order is created only after the applicable Service Performer, scope, Deliverables, price and other material terms have been presented to and accepted by the Customer.
Marketing Services may be offered at a fixed price, from a stated starting price or through an individual quotation. A starting price, estimated range or similar indication is not a final price unless confirmed in the Order Confirmation.
2.5 Swansta services
Swansta focuses on static visual marketing services. Available services may include logos and branding, brand identity systems, visual guidelines, typography and icon systems, commercial illustrations, marketing graphics, infographics, diagrams, data visuals, static web banners, social media materials, campaign graphics and related static visual assets.
The exact scope of each service is determined by the applicable Service Listing and Order Confirmation.
2.6 Starwn services
Starwn focuses on written content, content planning and marketing communication services. Available services may include content marketing, SEO-focused content, website copywriting, landing page and service page copy, editorial calendars, topic frameworks, email communications, brand voice materials, campaign messaging, advertising copy and related written marketing materials.
The exact scope of each service is determined by the applicable Service Listing and Order Confirmation.
2.7 Video and audio limitations
Neither Website offers video production, video editing, audio production or audio-related services as final Deliverables.
Video files may be uploaded only as Reference Materials where they are used to explain project requirements or provide visual or informational context. Uploading a video does not add video production or editing to the scope of an Order.
2.8 Nature and use of Deliverables
Unless otherwise stated in the Order Confirmation, Deliverables are intended for lawful personal, commercial, promotional, editorial, educational or internal business use.
Marketing Services do not constitute legal, regulatory, financial, accounting or other regulated professional advice. Neither the Company nor a Service Performer provides certified, notarised, regulator-approved or officially endorsed materials unless expressly and lawfully agreed.
2.9 No guaranteed approval or results
Neither the Company nor a Service Performer guarantees that any Deliverable will be accepted by a search engine, advertising platform, social media platform, marketplace, publisher, regulator or other third party.
No particular search ranking, traffic, engagement, sales, conversions, audience response, brand recognition or other commercial or reputational result is guaranteed unless a specific obligation is expressly included in the Order Confirmation.
2.10 User responsibility
Users are responsible for ensuring that their Project Requests, User Materials, instructions and intended use of Deliverables comply with applicable law, intellectual property rights, privacy rights, advertising requirements, third-party platform rules and the Acceptable Use Policy.
3. Eligibility, Accounts and Verification
3.1 Eligibility
The Platform may be used only by individuals who are at least eighteen years old, have reached the legal age of majority in their jurisdiction and have the legal capacity to enter into binding agreements.
By creating an Account or using restricted Platform functionality, you confirm that you satisfy these requirements and are not prohibited by applicable law, sanctions or other binding restrictions from using the Platform.
3.2 Personal Accounts
Each Account must be registered in the name of a specific individual using accurate, complete and current information.
A business or organisation may use the Platform only through an authorised Business Representative. The Platform does not provide anonymous or non-personal corporate Accounts.
3.3 Registration information
You must not create or use an Account under a false or misleading identity, using another person's information without authority, through an unauthorised or disposable email address, to impersonate another person or organisation, or to evade a previous suspension or restriction.
You must keep your Account and contact information current and promptly update any material changes.
3.4 Account security
You are responsible for keeping your Account credentials confidential and must not sell, transfer, share or permit another person to use your Account.
The Company may treat Project Requests, Orders, approvals, instructions and communications submitted through your Account as authorised by you unless you have reported suspected unauthorised access.
You must notify the Company without undue delay if you become aware of compromised credentials, unauthorised Account access, suspicious activity or unauthorised Orders or communications.
3.5 Email verification
The Platform may require verification of the email address provided during registration. Account functionality may remain limited until verification is completed.
Email verification confirms access to the relevant email address but does not by itself confirm identity, business authority, professional qualifications or eligibility to use all Platform features.
3.6 Additional verification
The Company may reasonably request information necessary to verify identity, Account ownership, authority to represent a business, payment legitimacy, Service Performer qualifications or compliance with legal and Platform requirements.
Failure to provide reasonably requested information may result in restriction of Account functionality, cancellation of an unconfirmed Order or suspension or termination of the Account.
3.7 Account restriction
The Company may suspend, restrict or terminate an Account where it reasonably believes that the Account information is false, incomplete or unverifiable, the Account has been compromised, an unauthorised person is using it, fraudulent or unlawful activity is suspected, or the User has materially breached these Terms or the Acceptable Use Policy.
Where reasonably practicable, the Company will notify the User and provide an opportunity to remedy a remediable issue. Immediate action may be taken where necessary to prevent fraud, unlawful activity, security compromise or material harm.
3.8 No guaranteed access or opportunities
Creating a Customer Account does not guarantee the availability of any particular Marketing Service or Service Performer and does not create an Order.
Submitting an application as an Independent Service Performer does not guarantee approval, publication of Service Listings, access to Project Requests, receipt of Orders or any level of income.
4. Permitted Use and Prohibited Activities
4.1 Lawful use
The Platform, Marketing Services and Deliverables may be used only for lawful, legitimate and authorised personal, professional, commercial, promotional, editorial, educational or internal business purposes.
Users must comply with these Terms, the Acceptable Use Policy, the applicable Service Listing, the Order Confirmation and all laws and third-party requirements relevant to their activities.
4.2 User Materials
You must ensure that all User Materials, instructions, trademarks, names, images, text, documents and Reference Materials submitted through the Platform are accurate and not materially misleading, may lawfully be provided and used for the requested purpose, do not infringe intellectual property, privacy, confidentiality or other third-party rights, do not contain unlawful or prohibited content, and do not require the Company or a Service Performer to engage in unlawful conduct.
You must not submit complete payment card details, passwords, authentication codes or personal data that is unnecessary for the relevant project.
4.3 Prohibited content and conduct
The Platform must not be used to request, offer, create, distribute or support content or activity that is unlawful, fraudulent, deceptive, abusive, exploitative or materially harmful.
Prohibited activities include: infringement of intellectual property, privacy or confidentiality rights; impersonation, false identity materials, fabricated credentials or official documents; phishing, fraudulent payment requests or deceptive commercial communications; false reviews, endorsements, qualifications, evidence or business claims; defamatory, threatening, hateful, discriminatory, obscene or exploitative content; unlawful advertising, direct marketing or unsolicited bulk communications; academic cheating, plagiarism or false claims of authorship; promotion of unlawful goods, services or activities; false complaints, abusive chargebacks or manipulation of Platform functionality; and any other activity prohibited by the Acceptable Use Policy.
4.4 Misleading marketing
Users must not request or use Marketing Services to make materially false or misleading claims, conceal required commercial information, misrepresent the identity of a trader or advertiser, fabricate results or endorsements, or otherwise breach applicable advertising and consumer-protection requirements.
The Customer remains responsible for verifying that all factual, commercial and regulated claims contained in Deliverables are accurate, substantiated and lawful before publication.
4.5 Technical misuse
You must not introduce viruses, malware, harmful code, unauthorised scripts or automated tools intended to interfere with, damage, overload, scrape or gain unauthorised access to the Platform, Accounts or connected infrastructure.
4.6 Unsupported services
Users must not represent that Swansta or Starwn offers video production, video editing, audio production or related final Deliverables. Permitted video Reference Materials may be used only to explain project requirements and remain subject to these Terms and the Acceptable Use Policy.
4.7 Enforcement
The Company may reject, remove or restrict Project Requests, Service Listings, User Materials or other content that it reasonably believes violates these Terms, the Acceptable Use Policy or applicable law.
5. User and Service Performer Obligations
5.1 General obligations
All Users must provide accurate information, use the Platform in good faith, communicate respectfully, cooperate reasonably in relation to Orders and complaints, and comply with applicable law and these Terms.
5.2 Customer instructions
The Customer must provide sufficient information for the Service Performer to understand and perform the requested Marketing Services.
5.3 Incomplete or changed requirements
The Customer is responsible for delays, additional work or other consequences caused by incomplete or inaccurate instructions, late responses, unavailable materials or requirements not disclosed before the Order was confirmed.
Material changes to the purpose, quantity, format, audience, creative direction, technical requirements or Deliverables may require an updated price, delivery period or separate Order. No additional charge applies unless it is presented to and accepted by the Customer.
5.4 Review before use
Customers must review Deliverables promptly and report any alleged error, omission or material deviation from the confirmed scope with reasonable detail.
Before publishing or relying on Deliverables, the Customer must check that factual and commercial claims are accurate and substantiated, required notices and disclosures are included, the intended use complies with advertising and consumer-protection rules, third-party platform requirements are satisfied, and any necessary professional or regulatory review has been obtained.
5.5 Service Performer obligations
An Independent Service Performer must provide accurate information about their identity, experience and services; offer only services they are lawfully and professionally able to perform; ensure that Service Listings are clear and not misleading; perform accepted Orders in accordance with the confirmed scope and applicable law; communicate material delays or problems without undue delay; protect confidential User Materials; avoid infringement of third-party rights; and deliver original work or properly licensed materials.
5.6 Cooperation with reviews and disputes
Users must respond reasonably to requests for information relating to support, complaints, payment disputes, fraud reviews or suspected breaches of these Terms.
6. Nature and Scope of Marketing Services
6.1 Creative and professional judgment
Marketing Services involve creative, editorial, strategic and professional judgment. For Starwn, reasonable variation may relate to wording, structure, tone, headlines, topic organisation, message hierarchy and content sequencing.
6.2 Importance of the brief
The Customer must communicate any mandatory wording, brand rules, prohibited approaches, technical specifications, preferred styles or other essential requirements before confirming the Order.
6.3 Reference Materials
Reference Materials are used to explain context, preferences or intended direction. They do not require exact reproduction unless this is expressly agreed and lawfully permitted.
6.4 Excluded services
Unless expressly included in the Order Confirmation, an Order does not include ongoing maintenance or updates; unlimited revisions; printing or physical production; third-party platform submission or approval; advertising placement or media buying; domain registration or hosting; regulatory or trademark clearance; video production, video editing or audio-related services; or any other work outside the confirmed Deliverables.
6.5 No external approval or guaranteed result
Neither the Company nor a Service Performer guarantees that Deliverables will be accepted by search engines, advertising networks, social media platforms, marketplaces, publishers, regulators or other third parties.
6.6 Illustrative Website materials
Images, examples, mock-ups, sample structures and other materials displayed on the Websites may illustrate possible categories, styles or formats. Unless expressly identified otherwise, they may be fictional or demonstrative and do not guarantee that an Order will produce an identical result.
7. Orders, Pricing and Changes
7.1 Service Listings and availability
Marketing Services are offered through Service Listings and are subject to the availability and acceptance of the relevant Independent Service Performer.
7.2 Formation of an Order
An Order is formed when the Customer accepts the material terms presented through the Platform, including the identified Service Performer, scope, Deliverables, price and applicable delivery terms.
7.3 Pricing formats
Services may be offered at a fixed price, from a starting price or through an individual quotation. Before payment, the Customer must be given a reasonable opportunity to review the selected service, Service Performer, Deliverables, price, currency, applicable charges and other material Order terms.
7.4 Changes before confirmation
The Company or Service Performer may update or remove future Service Listings, prices, categories, payment methods or promotional offers before an Order is confirmed. Such changes do not affect an Order already validly confirmed.
7.5 Changes after confirmation
The price, scope or other material terms of a confirmed Order may change only where the Customer requests additional or materially different work, the parties expressly agree to the change, the original scope was based on materially inaccurate information supplied by the Customer, a disclosed third-party cost requires Customer approval, or the change is required by applicable law.
7.6 Promotions
Discounts and promotional offers may be limited by time, category, User, jurisdiction or other stated conditions and may be withdrawn before an Order is confirmed.
8. Payments, Billing and Fraud Prevention
8.1 Payment terms
Unless the Order Confirmation provides for a deposit, milestone payment or another payment structure, Orders are provided on a full-prepayment basis.
8.2 Third-party payment providers
Payments are processed through authorised third-party payment providers and may be subject to their own terms, security controls and privacy notices.
8.3 Payment authorisation
By confirming an Order and submitting payment information, the Customer confirms that the selected payment method may lawfully be used, the Customer is authorised to use it, the billing information is accurate, and the relevant payment provider may process the transaction.
8.4 Currency and external charges
Where the Customer's payment method uses another currency, the card issuer, bank or payment provider may apply its own exchange rate, conversion charge, cross-border fee or other external cost. Such charges are not controlled by the Company.
8.5 Failed, reversed or disputed payments
An Order may remain unconfirmed, be paused or be cancelled where payment is declined, required authentication is not completed, the amount due is not received, the transaction is reversed, or the payment provider reports a material security or compliance concern.
8.6 Fraud-prevention measures
The Company may use reasonable technical, organisational and operational measures to identify fraud, Account misuse, unauthorised access, payment irregularities, malicious files and other material security or operational risks.
8.7 Suspicious activity
Where an Account, Order, payment, refund or payout appears unauthorised, fraudulent, disputed or otherwise suspicious, the Company may proportionately request additional verification, pause an Order or transaction, temporarily restrict Account access, delay access to Deliverables, cancel an unconfirmed transaction, restrict a payment method, or cooperate with payment providers, financial institutions, regulators or law enforcement authorities where permitted or required by law.
8.8 Chargebacks
Customers should contact the applicable support address before initiating a payment dispute where the issue can reasonably be resolved through the Platform. Users must not submit knowingly false, misleading or abusive chargebacks.
9. Delivery, Review and Revisions
9.1 Electronic delivery
Deliverables will be provided electronically through the Customer's Account, a project area, secure download link, verified email address or another electronic method stated in the Order Confirmation.
9.2 Delivery information
The Service Listing or Order Confirmation will identify, where applicable, the agreed Deliverables, the required file formats, the estimated or agreed delivery period, the number or type of included revisions, Customer dependencies, and other material delivery conditions.
9.3 Estimated and binding deadlines
A delivery period described as estimated is indicative rather than guaranteed. The Service Performer must nevertheless use reasonable efforts to deliver within that period.
9.4 Customer-caused delays
A delivery period may be reasonably extended where the Customer provides incomplete or inaccurate instructions, fails to supply required User Materials, does not respond to a reasonable clarification request, delays an approval, requests additional revisions, changes the confirmed scope, or fails to make an agreed payment when due.
9.5 Service Performer delays
Where a material delay is anticipated, the Service Performer must communicate the expected effect on delivery and provide a revised estimate where reasonably possible.
9.6 Completion of delivery
Delivery will ordinarily be treated as completed when the agreed Deliverables are made reasonably accessible through the confirmed delivery method.
9.7 Review period
The Customer should review Deliverables promptly and report visible errors, missing files or alleged deviations from the confirmed scope within fourteen calendar days after delivery, unless another period is stated in the Order Confirmation.
9.8 Included revisions
The number, type and timing of included revisions will be stated in the Service Listing or Order Confirmation. An included revision must remain within the confirmed purpose, scope, quantity, audience, format, creative or editorial direction and technical requirements.
9.9 Additional work
A request may require additional payment or a separate Order where it introduces a new creative direction, substantial new content, additional assets, formats or pages, a different audience or use case, new technical requirements or other work outside the confirmed Deliverables.
9.10 File access and storage
The Customer is responsible for having suitable software and equipment to open the agreed file formats. The Platform is not intended to provide permanent storage.
10. Complaints
10.1 Submitting a complaint
Complaints must be submitted in writing to the support address associated with the relevant Website:
- Swansta: support@swansta.com
- Starwn: support@starwn.com
A complaint should normally be sent from the verified email address linked to the Account and should include the Order or transaction reference, a clear description of the issue, the relevant confirmed requirement and any supporting materials.
10.2 Responsibility for complaints
The Company may review complaints concerning Platform operation, Accounts, payments, delivery, Project Requests, Orders and the conduct of Platform participants.
Where a complaint concerns the quality, scope or delivery of Marketing Services, the relevant Service Performer remains responsible for the services they agreed to provide.
10.3 Assessment
The Company may consider the Service Listing, Order Confirmation, project brief, User Materials, agreed Deliverables, communications, revision history, payment records and files delivered by the Service Performer.
10.4 Valid complaints
Corrective action may be appropriate where the Deliverables materially deviate from the confirmed scope, omit an agreed item, are supplied in a materially incorrect format, contain a significant technical error, fail to include a mandatory requirement clearly stated in the brief, are materially incomplete, or otherwise fail to meet an applicable standard of reasonable care and skill.
10.5 Subjective preferences
A complaint will not ordinarily establish a failure to perform merely because the Customer changes their preferences, requests a new direction, seeks work outside the confirmed scope or disagrees with a reasonable professional decision made within the discretion allowed by the brief.
10.6 Possible remedies
Depending on the circumstances, an appropriate remedy may include correction, repeat performance, delivery of a missing file, an included revision, replacement of an affected Deliverable, an agreed extension, a proportionate price reduction, cancellation of the affected work or a partial or full refund.
10.7 Effect of a complaint
Submitting a complaint does not automatically establish that it is justified, cancel the Order, suspend an undisputed payment obligation or create an immediate right to a refund.
11. Cancellations and Refunds
11.1 Mandatory rights
Nothing in this section excludes or restricts any cancellation, repeat-performance, price-reduction, refund or other right that cannot lawfully be excluded.
11.2 Consumer cancellation period
Where a Consumer enters into an eligible distance contract for Marketing Services, the Consumer will ordinarily have fourteen calendar days after the Order is concluded to cancel without giving a reason.
11.3 Starting work during the cancellation period
Marketing Services will not begin during an applicable Consumer cancellation period unless the Consumer expressly requests early performance.
11.4 Completion during the cancellation period
A Consumer's cancellation right may be lost after the Marketing Services have been fully performed only where the Consumer expressly requested early performance, acknowledged the resulting loss of the cancellation right and all other applicable legal requirements were satisfied.
11.5 Business Users
A Customer acting wholly or mainly for business purposes does not receive a statutory Consumer cooling-off period unless applicable law or the Order Confirmation provides otherwise.
11.6 Cancellation before work begins
Where an Order is validly cancelled before work begins and before any authorised non-recoverable project-specific cost is incurred, the Customer will ordinarily receive a refund of the amount paid for the cancelled Marketing Services.
11.7 Cancellation after work begins
Where cancellation occurs after authorised work has begun, the Customer may be charged for the proportion of services properly performed, completed stages, Deliverables already supplied and properly authorised third-party costs or licences.
11.8 Non-conforming services
Where Marketing Services materially fail to comply with the confirmed Order or an applicable legal standard, the Customer may be entitled to correction, repeat performance, replacement, a proportionate price reduction, cancellation of the affected work or a refund.
11.9 Customised work
An Order is not automatically non-refundable merely because the work is customised or delivered electronically. The availability and amount of any refund will depend on applicable law, the status of the Order, the work performed, the Deliverables supplied and the reason for cancellation or complaint.
11.10 Approval of Deliverables
Approval may be taken into account where a later complaint concerns an issue that was clearly visible and known at the time of approval. Approval does not waive statutory rights, claims involving hidden defects, fraud, unlawful content, intellectual property infringement or matters that could not reasonably have been identified earlier.
11.11 Refund abuse
The Company may reject a fraudulent or abusive refund request, including one supported by fabricated evidence or a knowingly false payment dispute.
11.12 Refund method
Approved refunds will ordinarily be returned through the original payment method where reasonably practicable.
12. Intellectual Property Rights
12.1 Platform rights
The Company or its licensors own all Intellectual Property Rights in the Websites and Platform, including their software, databases, structure, interfaces, general content, administrative materials, names, logos and branding.
12.2 User Materials
Users retain ownership of the Intellectual Property Rights they hold in User Materials. By submitting User Materials, the User grants the Company and the relevant Service Performer a limited, non-exclusive, worldwide and royalty-free licence to access, copy, store, display, adapt and use those materials only as reasonably necessary to assess a Project Request, administer and perform an Order, provide Platform functionality, communicate with the User, process payments, provide support, investigate complaints or fraud, and comply with legal obligations.
12.3 User warranties
The User confirms that they own the User Materials or have all licences, permissions, consents and authority required to submit and use them for the relevant project.
12.4 Rights before payment
Unless the Order Confirmation expressly states otherwise, Intellectual Property Rights in drafts and Deliverables remain with the relevant Service Performer until all amounts due for the Order have been paid.
12.5 Custom Deliverables
Upon full payment, the Service Performer assigns to the Customer all transferable copyright and design rights in final Deliverables created specifically and exclusively for the relevant Order. The assignment applies worldwide for the full duration of the relevant rights.
12.6 Excluded materials
The assignment does not include materials created before the Order, general tools, methods, systems or know-how, templates or reusable frameworks, software and open-source materials, licensed fonts, stock images or other stock assets, third-party content, or any material the Service Performer does not have the right to assign.
12.7 Source files
Unless expressly included in the Order Confirmation, the Customer does not receive editable source files, unused concepts, rejected proposals, working files, drafts and notes, research materials, production tools, or underlying templates.
12.8 Moral rights and attribution
To the extent permitted by law, the Service Performer agrees not to assert moral rights in a manner that would unreasonably prevent the Customer from using or adapting a fully paid custom Deliverable for its agreed purpose.
12.9 Names, logos and trademarks
Neither the Company nor a Service Performer guarantees that a proposed name, logo, slogan, visual symbol or other branding element is legally available, exclusive, registrable as a trademark or free from all third-party rights.
12.10 Portfolio use
The Company and Service Performers must not publicly display identifiable Deliverables, Customer branding or confidential project details as portfolio or promotional materials without the Customer's consent, an express right granted in the Order Confirmation, or another lawful basis.
12.11 Infringement notices
A person who believes that Platform content or a Deliverable infringes their rights may contact the applicable support address and provide sufficient information to identify the protected material, the allegedly infringing content, the basis of the claim, their contact details, and their authority to submit the notice.
13. Confidentiality, Personal Data and Project Materials
13.1 Confidential Information
Confidential Information means non-public information disclosed through or in connection with the Platform that is identified as confidential or would reasonably be understood to be confidential. It may include project briefs, business plans, unpublished campaigns, draft materials, brand strategies, internal data, customer or supplier information, pricing information, trade secrets and other non-public project information.
13.2 Permitted use
Confidential Information may be used only as reasonably necessary to assess a Project Request, confirm and perform an Order, provide Platform Services, communicate with Platform participants, process payments, provide support, investigate complaints or fraud, comply with law, or exercise or defend legal rights.
13.3 Information not treated as confidential
Confidentiality obligations do not apply to information that the receiving party can demonstrate was already lawfully known without restriction, became public without breach of these Terms, was independently developed without use of the Confidential Information, was lawfully received from another source, or was approved for disclosure by the relevant party.
13.4 Access by Service Performers and providers
The Company may provide relevant User Materials and project information to the Service Performer selected for or considering the relevant project. Service Performers may use Customer information only for legitimate project purposes.
13.5 Required disclosure
Confidential Information may be disclosed where required by applicable law, a court, regulator, tax authority, law enforcement body, payment dispute process or other binding legal requirement.
13.6 Security
The Company, Users and Service Performers must apply reasonable security measures appropriate to the nature of the information they process.
13.7 Retention
Project briefs, working files and Reference Materials may ordinarily be retained for up to twelve months after completion of the relevant Order.
13.8 Return and deletion
After completion of an Order, information that is no longer reasonably required should be deleted or returned where appropriately requested. This does not require deletion of lawful backups, transaction records, legally required records, security logs or evidence required for an active or anticipated dispute.
13.9 Personal data
Personal data is processed in accordance with the Privacy Policy.
14. Independent Service Performers and Payouts
14.1 Independent status
Service Performers offer and provide Marketing Services on their own behalf. They are not employees, workers, agents, partners, joint venturers, fiduciaries, representatives or authorised signatories of the Company.
14.2 Independent activity
Subject to these Terms and applicable Platform rules, each Service Performer independently determines which eligible Marketing Services to offer, whether to accept a Project Request, their availability, the lawful professional methods used, the scope they are prepared to perform, and how they organise their independent activity.
14.3 Separate Service Performer Terms
Onboarding, verification, Service Listings, performance standards, remuneration, payout eligibility, withdrawal methods, tax obligations and Service Performer Account administration may be governed by separate Service Performer Terms.
14.4 Payout eligibility
Remuneration relating to an Order will ordinarily become eligible for payout after the agreed Deliverables have been submitted, the applicable review period has expired without an unresolved complaint, the Customer's payment has been received and has not been reversed, required verification and compliance checks have been completed, and any relevant complaint, refund request, chargeback or dispute has been resolved.
14.5 Payout holds
Where an Order is subject to a complaint, refund request, chargeback, fraud review or payment dispute, the related payout may be temporarily paused until the matter has been reviewed.
14.6 Payout providers
Eligible remuneration may be transferred using the payment methods and third-party payout providers made available under the applicable Service Performer Terms.
14.7 No payment account
The Platform does not provide Service Performers with a bank account, payment account, electronic money account, deposit account or escrow account.
14.8 Taxes and reporting
Service Performers are responsible for their own taxes, registrations, social contributions and reporting obligations.
15. Third-Party Services and Platform Availability
15.1 Third-party services
The Websites may use or provide access to third-party services, including payment processing, hosting, storage, communications, analytics, security and customer-support infrastructure. Third-party services operate under their own terms, privacy notices, security procedures and operational requirements.
15.2 External links
The Websites may contain links, embedded content or references to external websites and services. The Company does not guarantee the availability, accuracy, legality, security, quality or data practices of an independent third party.
15.3 Platform availability
The Company will use reasonable care in operating the Platform but does not guarantee uninterrupted, error-free or permanent availability.
15.4 Website information
The binding terms of an Order are those stated in the Order Confirmation and any pre-contract information that applicable law makes part of the contract.
16. Suspension and Termination
16.1 Termination by the User
A User may stop using the Platform at any time and may request closure of their Account through available Account functionality or by contacting the applicable support address.
16.2 Suspension
The Company may proportionately suspend an Account, Order or specific Platform functionality where it reasonably believes that these Terms or the Acceptable Use Policy have been breached, Account information is false, misleading or unverifiable, the Account has been compromised, fraudulent or unlawful activity is suspected, a payment has been disputed or reversed, or the User creates a material security, compliance or legal risk.
16.3 Termination for cause
The Company may terminate an Account where a breach is serious or cannot reasonably be remedied, fraud or impersonation is established, the User repeatedly breaches these Terms, continued access would expose the Platform to material risk, or termination is required by applicable law.
16.4 Operational termination
Where the Company closes or restricts an Account for a general operational reason unrelated to User misconduct, it will provide reasonable notice where practicable.
16.5 Effect on Orders
Suspension or termination does not automatically cancel every existing Order. The Company may facilitate continued completion, temporary suspension, alternative delivery, cancellation of unperformed work, a proportionate price reduction, or a refund where appropriate.
16.6 Effect of termination
Termination does not remove rights or obligations that arose before termination. Provisions relating to payments, intellectual property, confidentiality, personal data, liability, complaints, dispute resolution and governing law will continue to apply where relevant.
17. Disclaimer and Limitation of Liability
17.1 Liability that is not excluded
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, deliberate misconduct, liability that cannot lawfully be excluded or limited, a Consumer's mandatory statutory rights, or any other matter for which exclusion or limitation is prohibited by law.
17.2 Reasonable care and skill
Nothing in these Terms excludes an obligation to perform services with reasonable care and skill where that obligation applies under applicable law.
17.3 Responsibility of the Company
The Company is responsible for its own operation of the Platform, its own contractual obligations, its own negligence and representations for which it is legally responsible. Independent Service Performers remain responsible for their own acts, omissions, Marketing Services and Deliverables.
17.4 Platform availability
The Company uses reasonable care in operating the Platform but does not guarantee that it will always be uninterrupted or error-free, available in every jurisdiction, compatible with every device or browser, or free from temporary maintenance or third-party outages.
17.5 Consumers
Where the Customer is a Consumer, the Company is responsible for foreseeable loss or damage caused by its breach of these Terms or failure to use reasonable care and skill in providing the Platform Services.
17.6 Business Users
Subject to clause 17.1, the Company is not liable to a Business User for loss of profit or revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill or reputation, business interruption, indirect or consequential loss, or loss resulting from an external platform's commercial decision.
Subject to clause 17.1, the Company's total aggregate liability to a Business User arising from an Order will not exceed the amount paid through the Platform for the Order giving rise to the claim.
18. Dispute Resolution and Governing Law
18.1 Informal resolution
Before commencing formal proceedings, the parties should first attempt to resolve a dispute through the complaints process in Section 10.
18.2 Urgent action
The informal process does not prevent a party from seeking urgent injunctive or protective relief, reporting suspected crime or fraud, exercising a lawful payment or chargeback right, or taking action before a legal limitation period expires.
18.3 Alternative dispute resolution
Where required by applicable law, the Company will provide a Consumer with information about an appropriate accredited alternative dispute resolution provider. A Consumer is not required by these Terms to submit a dispute to arbitration.
18.4 Governing law
These Terms, each Order and any related non-contractual obligations are governed by the laws of England and Wales.
Where the User is a Consumer, this choice of law does not remove mandatory protections available under the law of the country in which the Consumer habitually resides where those protections apply regardless of the chosen law.
18.5 Jurisdiction
A Consumer may bring proceedings before any court in which they are legally entitled to bring the claim, including the courts of England and Wales.
Where the User acts wholly or mainly for business purposes, the courts of England and Wales have exclusive jurisdiction unless the relevant parties have entered into a valid arbitration agreement.
19. Force Majeure
19.1 Events outside reasonable control
Neither the Company nor a Service Performer is responsible for delay or failure to perform an obligation to the extent caused by an event outside the affected party's reasonable control, including natural disasters, fire or flood, war, terrorism or civil disturbance, government or regulatory restrictions, widespread power or internet failure, serious cyber incidents, hosting or payment-provider outages, or other comparable events.
19.2 Effect on the Order
Where work is cancelled, the Customer will receive an appropriate refund for the unperformed part, less amounts lawfully payable for completed work and properly authorised non-recoverable costs. Mandatory Consumer rights remain unaffected.
20. General Provisions and Changes to These Terms
20.1 Communications
The Company may communicate with Users through the registered email address, Account notifications, project communication areas, Website notices, support messages, or another reasonable electronic method.
20.2 No waiver
A delay or failure to exercise a right under these Terms does not constitute a waiver of that right.
20.3 Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, it will be interpreted in a lawful manner where reasonably possible or severed only to the extent necessary.
20.4 Changes to the Terms
The Company may update these Terms where reasonably necessary to reflect changes in applicable law, changes to Platform functionality or available services, security, fraud-prevention or compliance requirements, or reasonable operational or administrative changes.
20.5 Acceptance of updated Terms
Continued use of the Platform after updated Terms take effect constitutes acceptance of the revised Terms for future Platform activity.
Contact Information
Operator and Platform owner
SWANSTAR ENTERPRISES LIMITED Company number: 16864192 Registered office: International House, 50 Essex Street, London, England, WC2R 3JF Websites: https://starwn.com Starwn support: support@starwn.com Telephone: +447330152787
For Account, project, payment, privacy or complaint enquiries, contact the support address associated with the Website through which the relevant interaction occurred.