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.

You must not circumvent security controls, systematically extract Platform data without permission, reverse engineer Platform functionality except where permitted by law, or use automated systems in a manner that creates an unreasonable technical burden.

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.

A material breach may result in cancellation of an unconfirmed Project Request, suspension of an Order, restriction or termination of an Account, refusal of future use, or cooperation with payment providers, regulators or law enforcement authorities where permitted or required by law.

The Company does not undertake to monitor every communication or Deliverable and does not guarantee that every violation will be identified.

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.

Relevant information may include the project purpose, intended audience, required Deliverables, preferred style or tone, formats, deadlines, brand requirements, Reference Materials and any legal, technical or third-party restrictions known to the Customer.

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.

Where a Deliverable concerns a legal, medical, financial, technical or other regulated subject, the Customer is responsible for obtaining review by an appropriately qualified professional.

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.

The Service Performer remains responsible for the manner, quality, accuracy and legal compliance of the Marketing Services they provide, as well as their own taxes, equipment, methods and professional decisions.

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.

Users must not knowingly conceal, alter or destroy information relevant to an active complaint, investigation or dispute.

6. Nature and Scope of Marketing Services

6.1 Creative and professional judgment

Marketing Services involve creative, editorial, strategic and professional judgment. Outcomes may reasonably vary depending on the agreed brief, the Service Performer's professional approach and the discretion permitted by the Customer.

For Swansta, reasonable variation may relate to composition, colour, typography, layout, illustration style, iconography and visual hierarchy.

For Starwn, reasonable variation may relate to wording, structure, tone, headlines, topic organisation, message hierarchy and content sequencing.

Reasonable creative variation does not excuse a material failure to comply with the confirmed scope or applicable standards of reasonable care and skill.

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.

A preference not included in the confirmed scope will not ordinarily constitute a defect in the Deliverables.

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.

A Service Performer is not required to copy protected third-party materials, imitate a protected brand identity or reproduce the distinctive work of another creator in a manner that may infringe third-party rights.

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.

No particular search ranking, traffic level, audience response, engagement, sales, conversions, brand recognition, advertising approval or other commercial result is guaranteed unless a specific measurable obligation is expressly included in the Order Confirmation.

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, may not represent completed Customer projects, and do not guarantee that an Order will produce an identical result.

6.7 Platform review

The Company may conduct administrative, security, compliance or Acceptable Use Policy reviews and may facilitate complaints or revision discussions.

The Company does not represent that every Deliverable is independently edited, professionally verified, certified or approved by the Company before delivery.

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.

A Service Performer may decide which eligible services to offer, whether to accept a Project Request and whether additional information is required before confirming an Order.

The Company does not guarantee that any particular Service Listing, Service Performer, category, price or feature will remain continuously available for future Orders.

7.2 Formation of an Order

A Project Request is an initial enquiry only and does not require a Service Performer to accept the project.

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.

A price shown as "from", an estimated range or similar indication is not final until confirmed in the Order Confirmation.

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 or incomplete information supplied by the Customer;
• a disclosed third-party cost requires Customer approval; or
• the change is required by applicable law.

A Customer is not required to pay an undisclosed or unapproved additional charge.

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.

A promotion validly applied to a confirmed Order will not ordinarily be removed retrospectively.

7.7 Platform changes

The Company may modify, replace, restrict or discontinue Platform features, technical integrations, service categories or availability in particular jurisdictions for legal, technical, security, operational or compliance reasons.

Where a change materially affects an active Order, the Company will, where reasonably practicable, provide notice and support an alternative delivery, communication, completion, cancellation or refund arrangement appropriate to the status of the Order and applicable law.

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.

The Service Performer is not required to begin work until the Order has been confirmed, the required payment has been authorised and any reasonably necessary verification has been completed.

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.

The Company does not provide banking, payment account, electronic money, safeguarding, money transmission or escrow services and does not maintain user payment balances.

Complete payment card numbers, security codes and equivalent authentication data must be entered only through the secure interface of the relevant payment provider. The Company may receive limited transaction information necessary to administer an Order, including the amount, currency, transaction identifier, payment status, billing details and fraud or authentication results.

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.

Users must keep their billing, contact and Account information accurate and current.

8.4 Currency and external charges

The payment methods and currencies available for an Order are those displayed during checkout or stated in the applicable payment instructions.

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.

Applicable taxes and Platform charges will be displayed before payment where required.

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.

The Company and Service Performer are not required to begin or continue work while an undisputed required payment remains unpaid.

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.

These measures may include transaction screening, manual review, identity or authority checks, device and technical-data analysis, requests for supporting information and temporary restrictions on Account or payment functionality.

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.

Restrictions will remain in place only for as long as reasonably necessary to investigate or manage the relevant risk.

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. The Company may provide relevant Order, delivery and communication records to the payment provider or financial institution handling a dispute.

Nothing in this section prevents a Consumer from exercising a lawful right through their payment provider, bank or card issuer.

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.

The relevant Service Performer is responsible for preparing and submitting the agreed Deliverables. The Company provides the Platform functionality through which delivery may be administered.

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 and must not allow an unreasonable or indefinite delay.

Where an exact deadline is expressly confirmed as binding, it must be met unless the delay results from a Customer dependency, agreed scope change, mutually agreed extension, force majeure event or another lawful reason.

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.

If a material delay is not caused by the Customer, the parties may agree an extension, continued performance within a reasonable additional period, cancellation of the unperformed work, a proportionate price reduction or another appropriate remedy.

Consumers retain all mandatory remedies available under applicable law.

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.

Delivery does not constitute final acceptance where the Order includes a review or revision period.

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.

This is an administrative review period. It does not remove statutory rights, shorten a legally applicable limitation period or prevent a later complaint concerning an issue that could not reasonably have been identified earlier.

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.

There is no entitlement to unlimited revisions or to a fixed number of revision rounds unless expressly stated in the Order.

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.

No additional charge applies unless it is presented to and accepted by the Customer.

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. Customers should download Deliverables promptly, verify that the files can be accessed and retain appropriate backup copies.

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.

Users must not send complete payment card details, passwords, authentication codes or unnecessary sensitive personal information through an ordinary complaint email.

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. The Company may facilitate communication, review Platform records and administer a resolution.

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.

The parties may be required to provide clarification or evidence reasonably necessary to assess the complaint.

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.

This does not excuse failure to comply with a requirement that was clearly agreed.

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.

Consumer remedies will not be restricted below the level required by applicable law.

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.

The Company may temporarily pause an affected payout, delivery or project activity where reasonably necessary while the complaint is reviewed.

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.

The treatment of a cancellation depends on whether the Customer is a Consumer or Business User, whether performance has started, the work completed, Deliverables supplied and applicable law.

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.

A cancellation may be submitted through available Account functionality or by a clear written statement sent to the applicable support address identifying the Customer and Order.

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.

If the Consumer requests that work begin and later cancels before completion, the Consumer may be required to pay a proportionate amount for the services properly performed before cancellation, provided the required legal information was supplied.

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.

Where part of an Order is legally treated as digital content, any loss of the cancellation right after supply begins will apply only where the legally required consent, acknowledgement and contract confirmation have been obtained.

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.

A Business User may request cancellation, but the outcome may reflect work completed, Deliverables supplied and properly authorised project-specific costs.

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.

The Company will not impose an arbitrary cancellation penalty or retain an amount that is disproportionate to the work properly performed.

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.

Consumer statutory remedies take priority over inconsistent discretionary Platform rules.

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.

This does not permit the rejection of a legitimate request solely because a User has exercised a lawful Consumer or payment right.

11.12 Refund method

Approved refunds will ordinarily be returned through the original payment method where reasonably practicable.

Where applicable law requires a refund within a particular period, it will be initiated within that period. The Customer's bank or payment provider may require additional processing time before the amount is credited.

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.

Users receive only a limited, personal, non-exclusive, non-transferable and revocable right to access and use the Platform for its intended lawful purposes.

Users must not copy, reproduce, resell, commercially exploit, reverse engineer or create a competing database from the Platform or its content, except where expressly permitted by the Company or applicable law.

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.

This licence does not transfer ownership of the User Materials.

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.

The User must not require the Company or a Service Performer to copy, use or reproduce third-party material in a manner that infringes intellectual property, privacy, confidentiality or other rights.

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.

Receiving a draft, preview or watermarked file does not authorise publication, distribution or commercial use.

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 and includes the right to lawfully use, reproduce, adapt, publish, distribute, display and commercially exploit the final Deliverables.

Electronic acceptance of the Order records the Service Performer's agreement to this assignment. The Service Performer must provide reasonable cooperation where an additional document or formality is required to give effect to the transfer.

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.

These materials remain owned by the Service Performer or relevant third party and are subject to their applicable licences.

Where such material is included in a Deliverable, the Customer receives the licence reasonably necessary to use the final Deliverable for its agreed purpose, subject to any disclosed restrictions.

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.

Where source files are included, their format and any relevant usage restrictions should be stated in the Order Confirmation.

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.

Public attribution is required only where stated in the Order Confirmation, required by a third-party licence or required by law.

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.

Unless trademark clearance is expressly included in the Order, the Customer is responsible for obtaining appropriate searches and legal advice before adopting or registering branding materials.

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 that does not breach confidentiality or intellectual property rights.

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.

The Company may temporarily restrict access to disputed material while the matter is reviewed.

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.

Information may also be accessed by employees, contractors and third-party providers who reasonably require it for hosting, storage, communications, payments, security, support, legal compliance or dispute administration.

Service Performers may use Customer information only for legitimate project purposes and must not disclose it to unauthorised persons or use it for unrelated commercial activities.

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.

Where legally permitted and reasonably practicable, the affected party may be informed before disclosure.

13.6 Security

The Company, Users and Service Performers must apply reasonable security measures appropriate to the nature of the information they process.

No internet transmission or electronic storage system can be guaranteed to be completely secure.

A party that becomes aware of a material unauthorised disclosure affecting another Platform participant should notify the Company or affected party without undue delay where reasonably practicable.

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.

Information may be retained for longer where reasonably required for:

• transaction and accounting records;
• tax or digital-platform reporting;
• fraud prevention and security;
• complaints and disputes;
• intellectual property claims;
• legal compliance;
• evidential purposes; or
• enforcement of these Terms.

Personal-data retention periods are further described in the Privacy Policy.

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 for purposes including Account administration, Project Requests, Orders, payments, communication, support, security, fraud prevention and legal compliance.

Users must not submit unnecessary personal data, complete card details, passwords, authentication codes or sensitive information unrelated to the project.

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.

A Service Performer has no authority to enter into agreements, make representations or accept obligations on behalf 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.

The Service Performer remains responsible for accepted Orders and the resulting Deliverables.

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.

Approval as a Service Performer does not guarantee publication of Service Listings, access to Project Requests, receipt of Orders, any minimum project volume or any level of remuneration.

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.

A hold should ordinarily be limited to the affected Order unless a broader restriction is reasonably necessary because of suspected fraud, Account compromise or material compliance risk.

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.

Such providers may apply their own verification procedures, processing periods, limits, fees, sanctions checks, geographic restrictions, terms and privacy notices.

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.

Any amount shown as pending, under review or eligible for payout is an administrative record of potential contractual remuneration and not a safeguarded financial balance held in the Service Performer's name.

14.8 Taxes and reporting

Service Performers are responsible for their own taxes, registrations, social contributions and reporting obligations.

The Company may collect, verify, retain and report Service Performer identity, residence, tax and remuneration information where required by applicable tax or digital-platform reporting rules.

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.

Unless expressly stated otherwise, the Company does not own, control or endorse an external service merely because it is linked to or integrated with the Platform.

The Company does not guarantee the availability, accuracy, legality, security, quality or data practices of an independent third party.

15.3 Outside transactions

Transactions or communications conducted entirely outside the Platform are governed by the direct agreement or terms applicable to the relevant third party.

The Company remains responsible for its own obligations but is not responsible for the systems or conduct of an independent provider except where applicable law provides otherwise.

15.4 Platform availability

The Company will use reasonable care in operating the Platform but does not guarantee uninterrupted, error-free or permanent availability.

The Company may maintain, update, restrict or discontinue functionality for legal, technical, security, compliance, operational or risk-management reasons.

Where reasonably practicable, the Company will minimise disruption to active Orders and provide notice of a material restriction affecting an Order.

15.5 Future features and prices

The Company or Service Performers may change future Service Listings, categories, features, payment methods, currencies, promotions and unconfirmed prices.

Such changes do not alter the price or material terms of an existing Order without the Customer's agreement, except where required by law or where the change does not materially disadvantage the Customer.

15.6 Discontinued functionality

If a material Platform feature is discontinued, the Company may arrange an alternative communication or delivery method, completion, cancellation, price adjustment or appropriate refund for affected active Orders, depending on their status and applicable law.

15.7 Website information

The Company takes reasonable steps to keep material Website information current. However, general service descriptions, examples, delivery estimates and price ranges may not reflect every project-specific circumstance.

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.

15.8 Technical processing

User Materials and Deliverables may be transmitted through electronic networks and technically converted, compressed, resized or otherwise adapted for compatibility with Platform systems and third-party infrastructure.

Such technical processing does not transfer ownership of the relevant materials.

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.

Account closure may be delayed where reasonably necessary to complete or resolve:

• an active Order;
• an outstanding payment or payout;
• a complaint, refund request or chargeback;
• a fraud or security review;
• a legal dispute; or
• a record-retention obligation.

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 or used without authority;
• fraudulent, unlawful or abusive activity is suspected;
• a payment has been disputed, reversed or identified as unauthorised;
• the User creates a material security, compliance or legal risk;
• the User repeatedly fails to perform obligations under confirmed Orders; or
• suspension is required by law or a relevant third-party provider.

16.3 Termination for cause

The Company may terminate an Account where:

• a breach is serious or cannot reasonably be remedied;
• the User fails to remedy a remediable breach within a reasonable period after notice;
• fraud, impersonation or deliberate misuse is established;
• the User repeatedly breaches these Terms;
• continued access would expose the Platform or another person to material risk; or
• termination is required by applicable law.

The Company may act without prior notice where immediate action is reasonably necessary to prevent fraud, unlawful conduct, security compromise or material harm.

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 and take reasonable steps to address active Orders, paid Deliverables and outstanding amounts.

16.5 Effect on Orders

Suspension or termination does not automatically cancel every existing Order.

Depending on the circumstances, the Company may facilitate:

• continued completion of the Order;
• temporary suspension;
• alternative electronic delivery;
• cancellation of unperformed work;
• replacement of the Service Performer with the Customer's agreement;
• a proportionate price reduction; or
• a refund where appropriate.

Unconfirmed Project Requests may be cancelled without compensation where no payment has been made and no Order has been formed.

16.6 Payments and Deliverables

Where a payment is unauthorised, fraudulent, disputed or reversed, the Company may temporarily restrict access to related Deliverables and pause the affected Order while the matter is reviewed.

The outcome will depend on the payment status, work completed, applicable law and any mandatory Consumer rights.

16.7 Effect of termination

Termination does not remove rights or obligations that arose before termination.

Provisions relating to payments, chargebacks, intellectual property, confidentiality, personal data, liability, complaints, dispute resolution and governing law will continue to apply where relevant.

Users should download completed Deliverables and retain necessary project records before voluntarily closing an Account.

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.

The creative or subjective nature of Marketing Services does not excuse a material failure to comply with the confirmed scope of an Order.

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.

The Company is not liable for the independent conduct of a Service Performer merely because the Platform facilitated the interaction, except where the relevant loss results from the Company's own breach or another matter legally attributable to the Company.

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;
• free from temporary maintenance or third-party outages;
• immune from all security threats; or
• available as a permanent storage or backup service.

Users are responsible for retaining copies of User Materials and downloaded Deliverables.

17.5 User instructions and materials

Neither the Company nor a Service Performer is responsible for loss caused by materially inaccurate, incomplete, unlawful or misleading information supplied by the User, except where relying on that information would clearly be unlawful or unreasonable.

17.6 External platforms and results

Neither the Company nor a Service Performer is liable merely because a Deliverable:

• is rejected by an advertising platform, search engine, marketplace or other third party;
• does not achieve an unguaranteed search ranking, engagement level or commercial result;
• requires modification because a third party changes its rules; or
• does not satisfy a subjective preference outside the confirmed scope.

This does not affect any specific obligation expressly guaranteed in the Order Confirmation.

17.7 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.

The Company is not responsible for loss that:

• was not reasonably foreseeable;
• was caused by the Consumer's own breach;
• could reasonably have been avoided by the Consumer; or
• relates to business activity conducted by a person acting as a Consumer.

Mandatory Consumer remedies remain unaffected.

17.8 Business Users

This clause applies where the User acts wholly or mainly for business, trade, craft or professional purposes.

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 or a closely related series of events will not exceed the amount paid through the Platform for the Order giving rise to the claim.

This limitation applies only to the Company and does not determine the separate liability of an Independent Service Performer for their own breach.

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.

The User should provide sufficient information to identify the relevant Account, Order or transaction, explain the basis of the dispute and state the resolution requested.

The parties must communicate in good faith and provide information reasonably necessary to assess the matter.

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;
• taking action before a legal limitation period expires; or
• using another remedy that cannot reasonably await completion of the complaints process.

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 and state whether the Company is required, committed or willing to use that provider.

A Consumer is not required by these Terms to submit a dispute to arbitration or another alternative dispute resolution process.

After a dispute has arisen, the relevant parties may voluntarily agree in writing to mediation, arbitration or another lawful dispute resolution process.

18.4 Arbitration

Where all relevant parties act for business purposes, they may agree in writing to refer a dispute to arbitration.

Unless otherwise stated in a separately negotiated agreement, arbitration will apply only where the parties agree after the dispute has arisen.

Where the parties agree to arbitration under the London Court of International Arbitration Rules, the seat will be London, the proceedings will be conducted in English and the tribunal will consist of one arbitrator unless otherwise required by the applicable rules.

An arbitration agreement does not prevent a party from seeking urgent interim or protective relief from a competent court.

18.5 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.

18.6 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.

Separate Service Performer Terms may contain their own lawful governing-law or jurisdiction provisions, but such provisions do not reduce a Consumer's mandatory rights under an Order.

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.

Such events may include:

• natural disasters, fire or flood;
• war, terrorism or civil disturbance;
• government or regulatory restrictions;
• sanctions or export-control measures;
• widespread power, internet or telecommunications failure;
• serious cyber incidents;
• hosting, cloud-service or payment-provider outages;
• public emergencies; or
• other comparable events that could not reasonably have been prevented.

19.2 Exclusions

Force majeure does not ordinarily include:

• lack of funds;
• ordinary workload pressure;
• inadequate planning;
• avoidable equipment failure;
• failure by an ordinary subcontractor where a reasonable alternative was available; or
• an event caused by the affected party's own breach or negligence.

19.3 Notification and mitigation

The affected party should, where reasonably practicable:

• notify the other relevant party without undue delay;
• explain the effect on performance;
• provide a revised estimate where possible; and
• take reasonable steps to reduce the disruption and resume performance.

19.4 Effect on the Order

The affected obligation will be suspended only for the period and to the extent that performance is prevented or materially delayed.

Where performance remains impossible or unreasonably delayed, the parties may agree to extend or modify the Order, deliver completed parts or cancel the unperformed work.

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.

Users must maintain accurate contact information and review communications relating to their Accounts and Orders.

20.2 No waiver

A delay or failure to exercise a right under these Terms does not constitute a waiver of that right.

A waiver is effective only where expressly given and applies only to the particular circumstances for which it was provided.

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.

The remaining provisions will continue in effect.

20.4 Headings

Section headings are included for convenience only and do not affect the interpretation of these Terms.

20.5 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;
• changes to payment, hosting or technology providers; or
• reasonable operational or administrative changes.

The current version and revision date will be published on both Websites.

Where a change is material, the Company will provide reasonable advance notice where practicable through email, an Account notification, a prominent Website notice or another appropriate method.

20.6 Existing Orders

Updated Terms will ordinarily apply prospectively and will not change the material scope, price, Deliverables or other agreed terms of an existing Order unless:

• the change is required by law;
• the change does not materially disadvantage the Customer; or
• the relevant parties expressly agree to it.

20.7 Acceptance of updated Terms

Continued use of the Platform after updated Terms take effect constitutes acceptance of the revised Terms for future Platform activity.

A User who does not agree with the updated Terms must stop using the Platform for future activity before the effective date.

This does not remove rights or obligations already arising from an existing Order.

20.8 Records

Users should retain a copy of:

• the Terms applicable when an Order was confirmed;
• the relevant Service Listing;
• the Order Confirmation; and
• any additional project-specific terms.

The Company may retain archived versions for legal, compliance and evidential purposes.

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://swansta.com

Swansta support: support@swansta.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.