REEL CONTENT | TERMS AND CONDITIONS FOR HIRING CREATORS
Last updated: 11.02.2025
- SCOPE
These General Terms and Conditions for Hiring Creators (GTCC) apply to all those who wish to become Reel Content Creators to create content for Reel Content Clients and are intended exclusively for professional creators and not for consumers. Under the terms of Decree-Law 7/2004, of January 7, the obligations to provide means of identification and correction of errors, prior information, as well as acknowledgement of receipt by Reel Content of the submission made by the Creator and subsequent confirmation thereof by the Creator are expressly waived.
By submitting an application to become a Reel Content Creator, the Creator agrees to be bound by these GTCC.
General terms and conditions of contract that differ from those of the creators do not apply and are not accepted.
- DEFINITIONS
Customer: The legal or natural person, who does not act as a consumer, but for purposes that fall within the scope of its commercial, industrial, craft or professional activity, contracts the Services through the Website, upon payment of a price, determined by Reel Content.
Instructions: The specifications relating to the content that the Client wishes to be produced, which will appear clearly, precisely and concisely in the Brief.
Content: Materials that may include texts, images, videos, audios, produced by the Creators based on the Script.
Proposed Content: Content created by a Creator in compliance with the Script.
Final Content: Content expressly or tacitly accepted by the Customer.
Creators: Third party service providers registered on the Reel Content Website, who may be selected by Reel Content to provide the Services requested by the Client through the creation of Content.
Script: The script drawn up by the Creator based on the Brief with a view to creating the Content.
Website: The Internet site operated by Reel Content, accessible via https://www.reel-content.com/.
Social Media Platforms: The social media platforms indicated by the Client in the Brief.
Privacy Policy: Reel Content's privacy policy is available on the Website in the version in force at any given time.
Products: The good(s) or service(s) that the Client wishes to promote described in the Brief.
Reel Content: Trademark owned by Leonor Varennes Mendonça Forbes Godinho Arbués Moreira, sole proprietor, with TIN number 275229469 and business address at Rua das Necessidades, n.º 32, 1.º Esq., 1350-219 Lisboa.
Revision: The possibility for the Client to ask Reel Content for changes to the Script or to the Proposed Content in compliance with the Script, on the grounds that they do not fit the Brief or the accepted Script, respectively.
Brief: Written description with Instructions of the desired content, submitted on the Website by the Customer using the form provided for this purpose, and subject to acceptance by Reel Content.
Services: The services provided by the Creators to Reel Content's Client under these GTCC.
- CONCLUSION OF THE CONTRACT
- To become a Reel Content Creator, the candidate will have to fill in and submit a form on the Website. By submitting the form on the Website, the candidate Creator (i) declares that he/she is of legal age and, if applicable, that he/she is authorized to enter into a contract with Reel Content and (ii) accepts these GTCC. Reel Content will inform you of receipt of the form by means of an acknowledgement of receipt, within a maximum of [5] working days, which does not yet constitute acceptance of the submission, but merely confirmation that it has been received. The moment of conclusion of the contract corresponds to the date on which Reel Content, after analyzing the profile and work of the candidate Creator, at its own discretion, informs the Creator of his/her integration as a Reel Content Creator.
- Reel Content reserves the right to modify these GTCC at any time without prior notice. Any changes will come into force immediately after their publication on the Website. Therefore, before submitting the form on the Website, the Creator candidate should consult the GTCC to find out which version is in force at any given time, using the date of the last update at the top as a reference.
- Without prejudice to the provisions of the previous paragraph, for Creators who are already part of Reel Content's list of Creators, any changes to these GTCC will be communicated to the Creators by e-mail at least 15 (fifteen) days before the date on which they will take effect. The Creators may object to the changes within the aforementioned period, by writing to Reel Content by e-mail, in which case the contractual relationship with Reel Content will cease and the Creators will no longer be part of Reel Content's list of Creators.
- HIRING PROCESS FOR CREATORS
- To become a Reel Content creator, the prospective creator must complete and submit the form available on the website.
- Reel Content will confirm receipt of the form and, within a maximum of [30] working days, will inform the prospective creator of the acceptance or non-acceptance of the form, at its sole discretion, as a creator of Reel Content.
- If accepted by Reel Content, the Creator will become part of Reel Content's list of Creators and will be able to receive proposals to create Content based on Reel Content's Client Briefs.
- The inclusion of the Creator in Reel Content's list of Creators does not establish any obligation on the part of Reel Content to request any Content creation services from the Creator. Likewise, the Creator is free to accept or not the creation of the Content proposed by Reel Content. Likewise, no minimum limit is agreed on the number of Content creation services to be requested by Reel Content or their acceptance by the Creator.
- The selection of the Creator(s) to be consulted and, if there is more than one, who will be assigned to create the Content is made at Reel Content's discretion.
- TERMS AND CONDITIONS FOR CONTENT CREATION
- Reel Content will consult with the Creator(s) for the creation of the Content by sending them the Client Brief, with the Creator(s) having [3] working days to accept it or not. Once this period has elapsed and no Creator has accepted the Brief, it will be deemed not to have been accepted and Reel Content will immediately inform the Client.
- In the event of acceptance of the Brief by one or more Creators, Reel Content will select, at its sole discretion, which Creator will produce the Content.
- The Creator selected by Reel Content will prepare the Script within a maximum of [5] working days from the date on which Reel Content informs the Creator that the Customer wishes to proceed with the order for the service(s).
- Reel Content shall review the Script free of charge before sending it to the Client and, at its sole discretion, may request the Creator to make changes to it within [5] working days.
- Without prejudice to Reel Content's review, the Client has the right to accept or request, at no additional cost, up to a maximum of one (1) revision of the Script, in the event that the Script submitted does not comply with the Brief accepted by the Client and provided that it is duly substantiated, which must be carried out under the terms of clauses 5.3. and 5.4.
- Once the Script has been accepted, the Creator will prepare the Proposed Content within a maximum of [10] working days.
- Reel Content reviews the Proposed Content at no additional cost and before sending it to the Client and, at its sole discretion, may ask the Creator to make changes to it within [2] business days.
- Without prejudice to Reel Content's review, the Client has the right to accept or request, at no additional cost, up to a maximum of one (1) review of the Proposed Content, in the event that the Proposed Content submitted does not comply with the Script accepted by the Client and provided that it is duly substantiated, which shall be carried out under the terms of clauses 5.6. and 5.7.
- Any request for Revision submitted by the Client which is not (i) based on non-compliance with the Brief or Script, as applicable (ii) made outside the time limits agreed between Reel Content and the Client or (iii) additional to those set out in Clauses 5.5 and 5.8 of these GTCC shall be subject to the payment of an additional price.
- When the Script or the Proposed Content has been subject to a Revision, the revised Script or the revised Proposed Content, as applicable, shall become the Final Content, unless the Client requests further Revisions, which shall be made in accordance with clauses 5.3. and 5.4 or 5.6 and 5.7, as applicable.
- The Creator may not refuse to carry out the Revision(s) requested by Reel Content under the terms of this clause, under penalty of being liable to Reel Content under the terms of clause 12.
- THE CREATOR'S OBLIGATIONS
- In addition to the other obligations arising from these GTCC, the Creator undertakes not to create Content:
- Illegal, harmful, threatening, defamatory, obscene, harassing, offensive or that may represent a diminution of the honor or reputation of any person, as well as any type of discredit or denigration;
- That may facilitate, promote or encourage illegal activities;
- Containing sexually explicit images;
- That may facilitate, promote or encourage violence;
- That could facilitate, promote or encourage behavior that could endanger the physical and psychological integrity of the target audience;
- That could be considered discriminatory on the grounds of ancestry, age, sex, sexual orientation, gender identity, marital status, family situation, economic situation, education, social origin or condition, genetic heritage, reduced working capacity, disability, chronic illness, nationality, ethnic origin or race, territory of origin, language, religion, political or ideological convictions and trade union membership;
- Displaying the image or voice of any person without their permission;
- Infringes the intellectual property rights of third parties;
- That infringes the rights of any third party;
- That is not suitable for the age of the target audience;
- That in some way represents an act of cruelty towards a person or animal;
- Causing damage or harm to third parties or third party property;
- That contains any viruses, worms, malware, spyware, trojans or any other malicious code that may compromise the security, integrity, availability or operation of the website, platform, network, system or equipment of Reel Content or its Clients.
- The Creator also undertakes to:
- Cooperate with Reel Content in all matters related to the execution of the Services;
- Perform the Services with the utmost diligence, competence, zeal and observance of the best market practices, using all the technical and professional resources necessary for their correct and efficient performance;
- Act ethically and responsibly, meeting deadlines and guaranteeing the quality of the services provided;
- Produce and deliver original Content, respecting the deadlines, formats and specifications defined in these GTCC, Client Briefs, Scripts and Reviews accepted by Clients, ensuring that the Content is of quality, relevant and aligned with the guidelines established by Reel Content and Clients;
- Ensure that all Content created complies with current legislation, including, but not limited to, intellectual property rights rules, data protection and applicable advertising and marketing regulations;
- Not to use third-party materials without proper authorization, ensuring that all Content created is free of plagiarism or any violation of intellectual property rights;
- Maintain confidentiality of all information received from Reel Content and Clients, and may not disclose or use it for any purpose other than that provided for in these GTCC, including when not selected for the creation of Content under the terms of clause 5.2.;
- Adhere to the editorial guidelines and quality standards required by Reel Content and Clients, making adjustments or revisions under the terms of these GTCC and within the established deadlines;
- Ensure the good image of Reel Content and its Clients, refraining from publishing or associating its name with offensive, defamatory, illegal content or content that could compromise the reputation of Reel Content and/or its Clients;
- Obtain and maintain, at all times, all licenses and consents that are necessary for the execution of the Services, namely related to software and any images, videos or other type of multimedia content used for the creation of the Content(s);
- Receive, hold and keep in good condition all Products sent to it by Reel Content or the Customer, at its own expense and risk, not using them for purposes other than those stated in the Brief or consented to by the Customer and Reel Content;
- Not to use any damaged or broken Products in the performance of the Services, obliging itself to request their replacement whenever this occurs;
- Without prejudice to the provisions of the foregoing clauses, Reel Content shall have the right to refuse any Proposed Content or Script which it, in its sole discretion, considers to be inappropriate, or for any reason unsuitable, without any liability whatsoever arising to Reel Content.
- INTELLECTUAL PROPERTY RIGHTS
- The Creator guarantees, both towards Reel Content and towards Clients and any third parties, that (i) it is the sole owner of the rights or has the necessary licenses or consents that allow it to transmit without any limitations the rights to the Content, including, voices, images and music included therein, and that (ii) the Content is original and does not infringe the intellectual property rights of third parties or any other rights, such as image rights.
- The Creator exclusively assigns to Reel Content, for the total price agreed under the terms of these GTCC, for 12 (twelve) months after the Final Content is made available to Reel Content, without any geographical limitation, its image and voice rights as well as those contained in the Final Content, as well as all intellectual property rights not originally assigned to Reel Content and/or the Client, including the rights to reproduce, copy, distribute, transmit, transform, publish, re-edit, update, send, export, in whole or in part, as well as to sub-license these rights over the Final Content, namely, for campaigns and marketing of the Products, including, but not limited to, the use of such content on social networks globally, websites, digital formats, and other marketing activities provided that they are expressly identified in the accepted Brief and/or Script.
- With the exception of intellectual property rights that are originally assigned to Reel Content and/or the Client, all image and voice rights as well as the intellectual property rights of other materials, such as alternative versions of the Script, Proposed or Final Content that have not been accepted by Reel Content and/or the Client are not assigned to them.
- Without prejudice to the provisions of clause 7.3, the Creator may not use the remaining materials, such as alternative versions of the Script, Proposed or Final Content that have not been accepted by Reel Content and/or the Client, if and to the extent that they include intellectual property rights that are originally assigned to Reel Content and/or the Client.
- In the event that the Creator revokes the image rights within 12 months of the Final Content being made available, the Creator shall be obliged to compensate Reel Content for all damages caused by such revocation, including claims by third parties, pursuant to Article 81 of the Civil Code.
- During the 12 (twelve) month period referred to in clause 7.2, the Creator may only use the Final Content in its portfolio, website, platforms and social networks that it owns for marketing purposes, with prior authorization from Reel Content.
- The Creator expressly authorizes Reel Content, during and after the twelve (12) month period and for as long as it is part of Reel Content's list of Creators, to include the Final Content(s) it has created, on the Website and other Reel Content platforms, for marketing purposes.
- DATA PROTECTION
Reel Content will process the Creator's personal data in accordance with the Privacy Policy, available here, which forms an integral part of the GTCC.
- PRICES AND PAYMENTS
- The price for the Service will be presented by Reel Content, according to the price list in force at any given time, when it consults the Creator(s) for the creation of Content and sends them the Brief, pursuant to clause 5.1.
- The price presented by Reel Content to the Creator is expressed in Euros, plus VAT at the rate in force at any given time.
- After delivery by the Creator of the Final Content to Reel Content, payment shall be made by Reel Content within [5] working days of the issue of the respective invoice issued by the Creator, by bank transfer to the IBAN indicated by the Creator.
- DURATION
- The contractual relationship between Reel Content and the Creator begins when Reel Content notifies the Creator that it has become Reel Content's Creator, pursuant to clause 3.1. and will be in force for an indefinite period of time until one of the Parties terminates it by giving at least one (1) months’ notice.
- Without prejudice to the provisions of clause 10.1, the termination made by the Creator does not exempt it from the obligation to complete all the Services that are in progress at the time of the communication, guaranteeing their completion within the deadlines and conditions contained in these GTCC, under penalty of being liable to Reel Content under the terms of clause 12.
- BREACH AND TERMINATION OF CONTRACT
- In the event of non-compliance by either party with these GTCC, the aggrieved party shall notify the other party, claiming compliance, by registered letter with acknowledgement of receipt.
- If three (3) days have elapsed from the date of receipt of the written notification claiming the missing service referred to in clause 10.1. without the same having been performed in the meantime, the aggrieved party may terminate the Contract.
- Termination of the Contract shall also be carried out by written notice to the other Party, sent by registered mail with acknowledgement of receipt, which shall expressly state the grounds for termination and the date from which termination takes effect, such notice being deemed effective even if it is returned by the postal services for not having been claimed, through no fault of the recipient. In the latter case, the notification will take effect from the date it is returned by the postal services.
- Termination of the Contract shall take effect in accordance with the law, and the Party who exercised that right shall be compensated for any proven losses suffered, in accordance with the following Clause.
- RESPONSIBILITY
- The Creator assumes full responsibility for the suitability of the Service it provides, including, but not limited to, the Final Content, ensuring that it corresponds to reality and the specifics of the purposes for which it is intended.
- The Creator shall be liable to Reel Content for any compensation that Reel Content has to pay to third parties and for any claims, proceedings, damages, costs, losses and expenses incurred by Reel Content, to the extent that this results from the Creator's negligence, non-performance or defective performance of any of the obligations assumed in these GTCC.
- Neither Party shall be liable for any indirect, incidental or consequential damages arising out of or in connection with these GTCC, including loss of business opportunities, loss of profits, loss of customers, use or loss of use of data or orders transmitted electronically or moral damages of the other Party or third parties.
- FORCE MAJEURE
- Neither Party shall be held liable for failure to comply with or delay in complying with the obligations assumed in these GTCC when such failure or delay is due to unforeseeable circumstances or force majeure.
- For the purposes of this clause, force majeure events include natural disasters (such as earthquakes, floods, storms), fires, pandemics, acts of government, general strikes, armed conflicts, terrorism, unexpected systemic failures, failure of a public utility or transportation or telecommunications network, or any other unforeseeable or unavoidable event beyond the control of the Parties.
- The party affected by an event of force majeure must notify the other party in writing as soon as possible, indicating the nature of the event, its expected duration and the impact on the performance of the contract.
- If the situation of force majeure persists for a period of more than 30 days, the Parties may negotiate the continuation, temporary suspension or termination of the contract without any compensation or penalties for either.
- PARTIAL INVALIDITY/INEFFECTIVENESS
- Each of the provisions of these GTCC must be complied with by the Parties in the precise terms agreed.
- If, however, any provision of these GTCC becomes or is deemed to become, in whole or in part, invalid, illegal or unenforceable, not only shall all the others remain in force, but the Parties shall endeavor to replace the provision in question with another which, taking into account the context and the will of the Parties, enables the purposes originally sought to be achieved.
- TOTAL AGREEMENT
- These GTCC constitute the entire agreement between the parties and replace and extinguish all previous agreements, promises, guarantees, information and understandings between them, whether written or oral, relating to their subject matter.
- The Parties acknowledge that neither has relied on any representation, agreement or promise made by the other party, or even implied verbally or in writing, other than those expressly set out in these GTCC or on the Website.
- SUBCONTRACTING, ASSIGNMENT OF RIGHTS OR OBLIGATIONS
- The Creator may not subcontract, in whole or in part, any of its obligations under these GTCC without the prior written consent of Reel Content.
- If authorized by Reel Content, subcontracting shall not release the Creator from any liability or obligation arising from these GTCC, and the Creator shall be fully responsible for complying with the obligations of any subcontractor, its agents, employees, technicians or collaborators.
- Without prejudice to the provisions of clauses 16.1 and 16.2 above, the Creator guarantees that it and any entity subcontracted by it comply with and will comply with all the obligations arising from these GTCC.
- The Creator may not assign, in whole or in part, to third parties, any credit that it is entitled to receive from Reel Content, under the terms of these GTCC, without the prior written consent of Reel Content.
- Neither Party may assign its position in these GTCC, in whole or in part, to a third party without the prior express written consent of the other Party.
- NON-EXCLUSIVITY
- The parties acknowledge and agree that these GTCC do not establish any exclusive relationship between them.
- Under the terms of clause 17.1, Reel Content may hire other professionals or companies to carry out services similar or identical to those provided for in these GTCC, without this constituting any breach of contract and, likewise, the Creator may provide the same or similar services to other professionals or companies, including competitors of the Client, provided that the duties of confidentiality are respected and that such activities do not prejudice the performance of the obligations assumed in these GTCC.
- This clause does not prevent the Parties, by mutual agreement, from establishing specific conditions of exclusivity by means of a separate agreement negotiated in private.
- COMMUNICATIONS
- Communications between the parties must be made in writing by registered post with acknowledgement of receipt, where required in these GTCC, or by e-mail to Reel Content’s leonor@reel-content.com or to the e-mail address provided by the Creator when submitting the Brief.
- When these GTCC require sending by registered mail with acknowledgement of receipt to the registered office or professional domicile, respectively, they shall be deemed to have been received (i) on the date of delivery, (ii) on the date of collection from the postal office in question, according to the information provided by the postal services. In the event that it is impossible to deliver the letter because its receipt is rejected by the Receiving Party, or in the event that the latter does not pick it up at the post office within the time available to it, it will be deemed to have been received by the Receiving Party on the date it is returned by the postal services.
- When communications are sent by e-mail, they are deemed to have been received on the date they were sent, as recorded by the sending server.
- APPLICABLE LAW AND JURISDICTION
- These GTCC are governed by Portuguese law.
- Any dispute arising from the interpretation and/or execution of these GTCC shall be submitted to the jurisdiction of the Portuguese courts.
- The present GTCC are written in Portuguese and English, with the Portuguese version prevailing in case of any interpretative doubt.