Terms of Service

even is a product of Jay Digital. It is a marketplace for creative and digital work done remotely. A business posts a brief, Even invites a number of creatives who work in that category, each invited creative may submit one finished attempt, and the business chooses which attempt it wants.

Even is the platform, and it is the customer of the payment processor. It is not the employer of any creative, and it is not a party to the creative work itself beyond holding and moving the money described below.

You need an account to post a brief or to submit work. You are responsible for what happens under your account and for keeping your password to yourself. Give accurate information when you sign up. One person or business, one account.

There is no subscription and no charge for holding an account, for joining a category queue, or for reading a brief.

When you post a brief you set the project fee, which is the amount the creative you eventually commission will be paid. Before the brief goes out you are charged one upfront amount made of three parts:

The consideration fee. This is the attempt fee multiplied by the number of creatives invited. It is the most the brief could possibly cost in attempt fees, held so that every invited creative could be paid if every one of them turned in work.

The project fee, held. The full amount you set for the creative you commission, collected up front and held. Holding it up front is what lets a creative start the moment they see your brief, knowing the money to pay them is already there. It is paid to the creative you commission. If you commission nobody, it is returned or shared as set out in section 05, so holding it never means losing it.

The processing fee. 6% of the consideration fee. It covers card processing, file storage and paying people out. It is charged instead of a subscription, it is added on top of the consideration fee rather than taken out of it, and it is not refunded.

There are two kinds of payment. The commissioned creative receives both; everyone else who turned in an attempt receives the attempt fee.

The attempt fee. A fixed amount, shown before you start, paid to each creative who turned in an attempt, the commissioned creative included. Even keeps none of it.

The project fee. Paid to the single creative whose attempt the business commissions, on top of that creative’s attempt fee. Even keeps 15% of it and the creative receives the rest.

The attempt fee depends only on turning in real work. An attempt that is not submitted is not paid, because there is nothing to pay for. A business does not decide, attempt by attempt, who is paid the attempt fee; its only choice is which single attempt to commission as the winner.

Both are paid out together when the brief is decided: when the business commissions a winner, or, if it never does, when the brief reaches the deadline set for it.

When a brief settles, every part of the consideration fee that nobody earned is refunded to the business. Because every creative who turns in real work is paid, the only thing left to refund is the attempt fee of anyone who was invited but turned in nothing.

The held project fee is settled at the same time. If you commission a creative, it is paid to them. If you commission nobody by the time the brief closes, it does not stay with Even and it is not kept from you as a penalty. Where at least one creative turned in work, the held project fee is shared equally among those creatives, because they did the work the fee was set aside to pay for. Where nobody turned in anything, the full held project fee is returned to you.

The processing fee is not refunded, because it has already been spent on the card processing that collected the payment.

A business has no way to mark a submitted attempt as unpaid. Turning in real work earns the attempt fee on its own, so a business cannot take the work and then decide the person who made it should not be paid for it.

The only decision a business makes about the attempts is which single one to commission as the winner. Everyone else who turned in work is paid the attempt fee regardless of that choice.

The creative who makes an attempt owns it until it is commissioned and paid for. When a business pays the project fee for an attempt, ownership of that attempt transfers to the business.

Attempts that are not commissioned remain the property of the creative who made them. Paying an attempt fee is payment for the effort of responding to the brief. It does not buy the work, and a business may not use an attempt it did not commission.

After a brief is decided, creatives who submitted an attempt and left the feedback setting on can see the commissioned attempt and discuss it with the other people who took part. Anything you post there is visible to everyone who took part in that brief.

Even does not promise that a brief will attract a particular number of attempts, that any attempt will meet your brief, or that a creative will be invited within any particular time. Invitations are handed out in turn across everyone signed up for that category.

The service is provided as it is. Even is not liable for indirect or consequential losses. Nothing here limits liability that cannot be limited by law.

If these terms change, the date at the top of this page changes with them. The fee terms of a brief are recorded on that brief when it is posted, so a change to a rate never alters what an existing brief was quoted or charged.

Questions about these terms go to no-reply@jaydigital.us.

This document was written to describe the platform accurately and in plain language. It has not been reviewed by a lawyer and is not legal advice.