Thanks for your interest in Blackcreek. We’re committed to being transparent with our Terms of Service (the “Terms”).
The Terms set out below govern your use of the Blackcreek website blackcreek.io (the “Site”) and the Experts Services (the “Services”).
We may update our Terms of Service from time to time. We will notify you of any changes by posting the new Terms of Service on this page with an updated "effective date" at the top.
You are advised to review these Terms of Service periodically for any changes. Changes to the Terms of Service are effective when they are posted on this page. If any change is deemed unacceptable to you, you shall cease using the Site or Services. Your use of the Site or Services shall be considered your acceptance of changes to these Terms.
Blackcreek provides Services for customizing websites. We offer a variety of tasks that a customer (the “Customer”) may purchase to engage Blackcreek’s team (the “Team”) to perform that task on their website. Payment is remitted for the task at the time of purchase.
A task is a pre-defined unit of work. A task definition varies greatly. A current list of tasks offered by Blackcreek, including a description of what is included, may be found here.
When a task is purchased, the Customer provides the required information to Blackcreek via a website purchase form. This information is transmitted digitally to the Team, who reviews the task request and the information provided.
Each task will be accepted by Blackcreek prior to commencing work. Tasks received will be reviewed within 1 (one) business day, and one of the following actions may occur:
If applicable, Blackcreek may request access to the Customer’s site prior to accepting the task to confirm feasibility. Feasibility assessments are performed at no additional cost to the purchased task. During a feasibility assessment, one of the following actions may occur:
Tasks are not guaranteed to begin or be completed within a fixed time period from the time of acceptance or payment. Blackcreek will work with each Customer to define the individual requirements and timeline for their task.
When a task is scheduled, the Team will access the Customer’s site using the provided credentials and/or other access that is required to perform the task. The Team is not permitted to use credentials provided for tasks for any purposes other than those absolutely required to complete the task. A Task may not begin until the required access is provided to Blackcreek. If required access is not provided to Blackcreek within 2 (two) business days, the task may be rejected.
When the task is completed, the Customer will be provided with the work outcome for approval. The amount of time for a Customer to approve or reject the delivered work (the “Approval Period”) is 2 (two) business days. A Customer must provide their approval in the form of writing, of which digital is accepted. If the Customer does not approve the task after this time, the task is assumed to be approved and the task is considered Closed.
The approval and closure (“Close”) of the task indicates that Blackcreek has fulfilled their obligations to the Customer and their business is concluded.
Blackcreek offers an optional upgrade of an Experts Plus subscription. This is a recurring monthly agreement (the “Subscription”) where the Customer purchases a package of 10 (ten) tasks per month, to be performed by Blackcreek.
All tasks must be submitted to Blackcreek within the month, the specific dates of which to be determined by the start of the Subscription (the “Subscription Period”). For example, if a Subscription is purchased on the 15th of the month, the Subscription Period for the Customer will renew on the 15th of each following month. The date the task is approved indicates the Subscription Period that the task is allocated towards. This means in some cases, a task may begin and end in different Subscription Periods. Unused tasks do not carry over into the next month.
Experts Plus Subscriptions may be cancelled at any time, with the change taking effect the next billing cycle. Unused tasks do not carry over after a Subscription has been cancelled.
Credentials provided to Blackcreek are kept confidential. This information may be shared within the Team if required to accomplish the task.
As mentioned in the previous section, when a task is scheduled, the Team will access the Customer’s site using the provided credentials and/or other access that is required to perform the task. The Team is not permitted to use credentials provided for any purposes other than those absolutely required to complete the task.
When the task is completed, Blackcreek will no longer access the Customer’s site, or use the credentials. For additional security, it is recommended for the Customer to change or revoke external access and credentials when the task is completed.
The Customer is responsible for the security of their website at all times. If unauthorized access or suspected unauthorized access occurs, the Customer agrees to immediately notify Blackcreek. Blackcreek is not responsible for any losses or damages arising from the Customer’s actions taken for their own website security, including the failure to have adequate security in place.
Blackcreek makes our best endeavours to duplicate and maintain backups of the areas of the Customer’s site that pertain to the requested task and work required. However, it is highly recommended that the Customer maintain a backup of their site.
Blackcreek will keep the backups of files pertaining to tasks for a period of 7 (seven) days, after which they will be deleted permanently from our system. Blackcreek is not liable for any loss of data arising from the Customer’s actions taken for their own website.
Payment for a task occurs at the time of purchase for all tasks, with the exception of custom tasks. Payment for custom tasks may occur after additional discussion has taken place with Blackcreek, to confirm requirements and feasibility. Payment terms are net 2 days. Tasks must be paid for in full prior to work on tasks commencing.
When a task is feasible, but requires an additional cost to perform due to factors which may include technical limitations on the Customer’s Site, Blackcreek or the Customer may cancel the task.
Payment for Experts Plus is a monthly recurring charge that you agree to by signing up for this Service. Payment terms for Subscription fees are net 2 days. Subscription fees must be paid in full prior to work on tasks commencing.
Blackcreek strives to deliver quality work against the agreed upon requirements. Within the Approve Period, the Customer has the opportunity to review the submitted work, and either Approve or Reject the outcome.
In the case of Rejection, the Customer must provide a reason to Blackcreek. If a reason for Rejection is not provided to Blackcreek by the Customer within 2 (two) business days, the task is considered Closed. Blackcreek will review rejected tasks within 1 (one) business day, the outcome of which may result in one of the following:
In the case of Approval, the task is considered Closed.
There is a warranty period of 3 (three) days after a task is Closed, in which Blackcreek will provide support if issues or defects arise that are the direct result of the task performed. Support requests must be submitted to email@example.com, and will be reviewed within 1 (one) business day. If this issue is determined to be directly caused by the task that Blackcreek performed, and arose within 3 (three) days of the task being Closed, Blackcreek will correct the defect at no charge.
If a purchased task is deemed as not feasible, Blackcreek may cancel the task. The Customer will be notified, and the pre-authorization on the method of payment will not be converted to or applied as a charge.
The Customer may submit a task cancellation prior to Blackcreek beginning work; cancellations may not be submitted after work on a task has begun. Cancellation requests must be submitted via email to firstname.lastname@example.org.
Requests will be reviewed by Blackcreek within 1 (one) business day and may result in:
In the case of Cancellation, the task is considered Closed. In the case of Refund or Credit, the task may or may not be considered Closed.
If a task is cancelled, Blackcreek may provide a refund or credit to the Customer. Refunds and credits are subject to a 5% processing fee, which is deducted from the total refunded or credited to the Customer.
Blackcreek reserves the right to cancel any task, at any time, and is not obligated to provide a reason for cancellation. Any refunds and credits issued are done so at the sole discretion of Blackcreek.
By using the Site or Services, you represent, acknowledge and agree that you are at least 18 years of age. Further, you represent, acknowledge and agree that: (a) all information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information and keep such information up-to-date; and (c) your use of the Services offered through this Site do not violate any applicable law or regulation.
Blackcreek provides content and Services through the Site. Certain information provided on and through the Site, including case studies, content, logos, graphics and images are the copyrighted and/or trademarked work of Blackcreek, Blackcreek’s partners, or other third-parties. By using the Site or Services, you acknowledge that you have no right, title or interest in or to this Site or any Site content or materials.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from Blackcreek. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with Blackcreek.
If you are a Customer, you acknowledge that you are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds, software and other content or material that you, either through yourself or a third-party associated with you, submit, upload, post or otherwise make available on or through your website or to Blackcreek. This includes its legality, reliability, appropriateness, and trademark and copyright ownership. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from anything made available on or through your website.
Blackcreek may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Blackcreek’s discretion, Blackcreek will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
Nothing in these Terms creates a relationship of agent and principal, partners, joint venturers or employer-employee relationships between you and Blackcreek, including the Team, and no act or obligation of either party will in any way bind the other.
Your use of this Site and/or the Services is at your own risk. Blackcreek does not provide any warranties against viruses, spyware or malware that may be installed on your computer.
To the extent permitted by law, in no event will Blackcreek, its affiliates or its or their respective directors, officers, employees, representatives, consultants, agents, suppliers, or licensors be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Site or Services or your use of or inability to use the Services or Site, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise. Your sole and exclusive remedy is to stop accessing and using the Site and Services. Without limiting the foregoing, in no event will Blackcreek's liability to you exceed $250, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.
You agree to indemnify, defend and hold harmless, Blackcreek, its affiliates and service providers, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site or Service from and against any and all claims or liability, including costs and attorneys’ fees, arising from or in connection with your violation of these Terms and your use of the Site or Service. Blackcreek reserves the right to assume, at its sole expense, the exclusive defence and control of any matter subject to indemnification by you, in which event you will fully cooperate with Blackcreek in asserting any available defences.
You shall obey all local and international laws, regulations and rules that apply to your activities when you use the Site or services. Blackcreek reserves the right to reject tasks and to prevent your use of the Site or Services if the Customer engages in illegal activity or violates the Terms.
Blackcreek welcomes feedback and suggestions to improve our Site and Services. If you send or transmit any communications to us, digital or otherwise, suggesting changes or recommendations to the Site or Services, it will be treated as non-confidential and non-proprietary. Blackcreek is free to use, without any attribution or compensation, feedback or suggestions that have been sent to us. Blackcreek is not obligated to use or implement feedback or suggestions.
Blackcreek may in its sole discretion and at any time discontinue providing the Site and/or Services available through the Site, or any part thereof, with or without notice. Further, you agree that Blackcreek shall not be liable to you or any third-party for any termination of access to the Site and/or Services available through the Site.