Creative Services Description
CREATIVE SERVICES DESCRIPTION
1. SUPPORT AND SERVICE LEVEL
The Customer will be granted access to online customer service tool (Slack®, https://slack.com/) that will service the account within the following standard business hours:
- EMEA (FKFH & Co Oy’s business hours Mon-Fri 9 am-5 pm EET/EEST)
The dedicated chat solution serves as the primary contact for all customer issues. In case the Customer has urgent requests (e.g., sudden technical issues), the following options are available:
- The Customer can access Online Advertising Platforms and make changes themselves. Notwithstanding anything in this Agreement to the contrary and for the avoidance of doubt, the Customer is responsible and liable for all of its activity using the Online Advertising Platforms’ tools including all activity under the Customer’s account.
- The Customer can reach out to Plug on the agreed chat solution and await a response and action within Plug's business hours.
- If the Customer does make changes to any activity currently being managed by Plug Creative Service, the Customer needs to inform Plug of any changes so that Plug can keep track of the activity.
2. CUSTOMER ONBOARDING
The Customer acknowledges that the onboarding process for their accounts into Creative Service will commence solely upon the complete execution of the attached Creative Service Order Form. Any preliminary work before the effective start date will be at the discretion of the Plug team.
Before Plug assumes responsibility for delivering Creative Service, the Customer is required to grant access to all relevant advertising channel accounts in the native Platforms, if applicable. This entails connecting Ad Accounts, sending partnership requests to Plug through native platforms, and ensuring that the Plug team has access to relevant pixels, catalogs, feeds, and third-party data sources associated with the Customer’s relevant advertising channels.
Additionally, the Customer shall provide access to essential brand and creative guidelines, logos, fonts, and any other assets necessary for executing brand creative (“Customer Content”) at the initiation of the engagement partnership. The Customer warrants that the Customer Content complies with applicable laws and policies and that it has all the rights and permissions for the Customer Content as required for the performance of Creative Service, including rights to modify, incorporate into other materials, communicate to the public, and further develop the Customer Content to the extent required for the creation of the Deliverables and for the provision of Creative Service.
3. CREATIVE PRODUCTION
Plug will be responsible for creating the customer's creative assets for online advertising platforms as scoped in the Creative Service Order Form. Plug will operate within the specifications defined by the Customer. Plug will work closely with the Customer to define detailed creative asset specifications, delivery schedules and processes. The Customer's specifications shall be subject to Plug's approval.
Each creative asset delivered by Plug according to the creative asset specifications to the Customer is deemed a “Deliverable”. Plug will use technology and automation to help in the production and iteration of Deliverables whenever deemed beneficial. Deliverables are created by combining existing Customer Content with other assets as agreed upon in the creative asset specifications. The Customer shall not request exclusivity to any type of Deliverable.
The exact form of distributing Deliverables from Plug to the Customer is agreed upon separately in a written format and set up accordingly.
Creative Service is not a full replacement for the Customer's creative efforts on any of the online advertising platforms but a limited supplementary service aiming to provide better overall performance.
Rights to content and Deliverables in Creative Services
Notwithstanding anything to the contrary herein, the Deliverables don’t include any proposals, working files, sketches, outlines, rejected creatives (including concepts), or parts thereof or Confidential Information. All rights, title, and interest, including, without limitation, intellectual property rights, to the Deliverables not expressly granted herein shall be retained by Plug.
Customer Content: Customer (or the Customer’s third party licensor) retains all of its rights in all Customer Content which the Customer provides to Plug for the performance of the Creative Service (including without limitation material and content which the Customer has purchased or licensed from a third party). The Customer hereby grants to Plug a non-exclusive, worldwide, royalty-free and limited right to use such Customer Content for purposes of delivering and performing the creative services hereunder.
Plug Content: Plug grants the Customer a non-exclusive, perpetual, worldwide, royalty-free right to use (including without limitation the right to amend, use, make derivative works, assign and sublicense works) the Deliverables to the extent Plug owns rights thereto (“Plug Content”). For the avoidance of doubt, the Customer agrees and acknowledges that the foregoing does not include any third-party rights, or transfer any other rights, title or ownership to any property of Plug (including without limitation all rights, title and interest in and to the creative services, Plug trademarks, know-how, platform, and technology), and such rights are owned and remain vested in Plug or a third party.
Third-party content: The creative services do not assign or grant any rights to third-party content, which shall always be subject to their respective licence terms. Plug shall comply with the third-party restrictions applicable to the Customer Content, if any, when providing the creative services, provided that the Customer in advance notifies Plug of such third-party restrictions and that the Parties agree in good faith in writing on how such restrictions are taken into account in the provision of the creative services. The Customer shall be liable for compliance with any applicable third-party restrictions when making use of the Deliverables.