Terms and Conditions
How Soply Works

Terms and Conditions

Thursday, September 8, 2016
Soply Soply

Version 1.2 — September 8, 2016

General Terms

 

  • Acceptance and Application

 

Soply.com is an online platform aimed at facilitating the process of sourcing creative content between Buyers and Creatives.

Soply kindly requests all Users of Soply.com to familiarize themselves with these Terms and Conditions carefully, as by using and/or visiting Soply.com the person agrees to be bound by both Soply’s Terms and Conditions, and Privacy Policy. By remaining on Soply.com, the person obliges himself/herself not to use Soply.com in violation of the law and these Terms and Conditions.

These Terms and Conditions set forth the legal terms for Buyers, Creatives as well as visitors of Soply.com. Any activity carried out by Buyers and Creatives, whether it is, without limitation, Pitch, Job, sale of goods and services or delivery are covered by these Terms and Conditions.

When Users decide to use Soply.com, they are bound to understand and agree that Soply is solely an intermediary in the transaction between the parties.

It is possible to shut down the User’s account (whether Buyer’s or Creative’s) at  Soply.com at any time by sending an e-mail to support@soply.com. If such is the case, and the User requests his/her account to be shut down,  then the account will be deactivated once all the User’s active Jobs/Pitches (with reference to Buyers and Creatives respectively) are completed.

 

  • Definitions  

 

  1. Hire: Buyers to hire a Creative for a specific job through Soply.
  2. Content: Buyers subscribe to a monthly custom content library created by selected Creatives through Soply.
  3. Market: Buyers purchase Material directly from Creatives’ portfolios  through Soply. Soply separates itself from any terms imposed individually by Creatives.
  4. Job: The written request, where the Buyer specifies his/her requirements for the content requested.
  5. Quote: the Creative’s proposed price in response to a specific Buyer’s Job.
  6. Buyer: The legal entity acquiring the  Creative’s service(s).
  7. Creative: A professional or semi-professional photographer, designer, animator, illustrator, videographer, visual storyteller, and/or artist who has registered a profile on Soply.com.
  8. Assigned Creative: Creative(s) whom the Buyer has selected to provide Content for a specific job.
  9. Material: Media produced by a Creative.  Namely  photo, video, animation, design, illustration, GIF, etc.
  10. Content Package: The amount/collection of Material a Buyer sources from Creative(s) under the agreed Terms and pricing.
  11. Service Fee: The fee that Soply charges, payable by the Creative, in the form of a 15% commission, taken from the price of the  agreed upon Quote between the Creative and the Buyer.
  12. Usage Rights: The rights that the Buyer acquires from the Material paid for.
  13. Job Deadline: The deadline for the Buyer to select their Assigned Creative(s).
  14. Job/Pitch/Campaign/Assignment/Task: The Buyer’s request from Creative(s).
  15. Delivery: The Material that the Creative is obliged to transfer to the Client.
  16. ‘Applies to’ e.g. ‘Applies to Hire’ meaning that the term only applies to this specific Soply Service.

 

  • Soply User

 

    1. To start using Soply.com, Buyers and Creatives have to create a Soply user account.
    2. By accepting these Terms and Conditions, Users (both Buyers and Creatives) certify that they are at least 18 years old.
    3. Applies to Creatives: The membership is free of charge, and allows Creatives to submit his/her portfolio and Quote to Jobs created by Buyers.
    4. Applies to Buyers: The membership is free of charge, and allows Buyers to submit Jobs in search of Creative(s) to fulfill.
    5. When registering with Soply.com, Creatives and Buyers will be able to assign a username in which the Buyer can choose his/her own password, along with his/her full name, working email and country of residence.
    6. Registration allows both Creatives and Buyers to set up an account with Soply.com. Both parties are requested to choose their username,a password, as well as provide their full name, working email and the country of residence. The User’s information is confidential and will not be distributed to or used by any third party, unless such party aids the services Soply provides. Both Creatives and Buyers are  solely responsible for his/her user account.

 

  • Limited Liability

 

  1. Soply is a platform facilitating the transaction between Creatives and Buyers, and its role is restricted to that of an intermediary.  Any issues or liabilities shall therefore lie between Buyer(s) and Creative(s).
  2. In case of any costs, accidents, loss, or unexpected costs, Soply shall not be held responsible. Creatives and Buyers are solely and personally liable in any given damages.
  3. Consequently, in no event shall Soply be liable for any consequential losses incurred by the parties, even if the former knew or should have known of the possibility thereof.
  4. Soply’s liability for any loss or damage incurred by the Buyer, shall be limited to 100 % of the amount paid by the Buyer for any Pitch (goods/services) (or absence thereof) on which the claim is based.
  5. The website, services, Jobs and Material, as well as the payment process, are provided by/through Soply.com “as is” without warranty of any kind, either expressed or implied.
  6. In the unlikely, yet possible, event of temporal unavailability of Soply.com, Soply shall not be liable for any losses or damages incurred by Buyer(s) or Creatives.

 

  • Force Majeure and Other Obstacles

 

  1. Soply shall not be liable towards Buyers and Creatives for damages caused by the following circumstances, preventing or delaying the performance of a Job or Material: war and mobilisation, revolts and riots, acts of terror, natural disasters, strikes and lockouts, shortage of goods and defects or delays in deliveries by sub-suppliers, fire, shortage of transport, currency restrictions, ban on imports or exports, death, diseases or the resignation of key persons, computer virus or other circumstances beyond the direct control of Soply, against which it would have been unreasonable for Soply to take precautions and which Soply could not have avoided, even by using its best efforts. In this case, Soply shall be entitled to postpone delivery, until such circumstance has ceased or, alternatively, terminate the agreement with immediate effect in whole or in part without being liable for damages to any of the parties.

 

  • Infringement, Termination and User Cancellation

 

  1. Soply shall have the right to delete Jobs and Material, which in the fair judgement of Soply, can be considered sexually discriminating, racist, illegal or offensive.
  2. Serious infringements of Soply.com or these Terms and Conditions will be reported to the authorities.
  3. If the Creative or Buyer is, in any way, in breach of these Terms and Conditions, Soply has the authority and right to suspend, disable or terminate the user account at Soply’s sole discretion. In the event of  termination,  suspension or disability of the Creative’s or Buyer’s  account, he/she will not be entitled to any amounts due or reimbursement respectively.
  4. Soply reserves the right to cancel a transaction due to technical or price errors. If such be the case, Soply will inform the parties who, if they still wish to proceed with the transaction, will have to submit a new Job (Buyer) or Quote (Creative).
  5. All submitted Material must comply with British legal regime concerning, without limitation, Intellectual Property, Copyrights and Licensing laws.
  6. Soply shall have the right to remove any materials (whether Jobs, Material or Portfolios) which in a fair judgement of a reasonable and prudent person could be considered insulting, sexually offensive, racist, discriminating, inflammatory, criminally, libelous, slanderous or in  any way else inappropriate from Soply.com, with the effect of a  permanent ban of such a User from Soply.com.
  7. Moreover, any materials (whether Jobs, Material or Portfolios) which infringe any local, state, national or international law, including , without limitation, the British Defamation Act 2013 and Defamation Act 1996.
  8. Serious infringements of Soply.com, or these Terms and Conditions, will be reported to the police.

 

  • Intellectual Property Rights

 

  1. Both parties, whether it be a Buyer or Creative,  acknowledge that Soply holds no ownership or  intellectual property rights to any Content delivered through Soply.com.
  2. Despite not possessing legal title to the Material, Soply reserves the right to add watermarks, modify, edit or simply publish the Content for marketing purposes. Simultaneously, Soply will make its best effort to credit the Creative while doing so.
  3. Soply attempts to monitor most of its Job submissions to ensure originality of the Material delivered. If, for any reason, Soply has grounds to assume a potential legal infringement on a specific piece of Material produced by the Creative, Soply might refuse to accept the Material and pass it to the Buyer.
  4. Copyright Complaints: If the User (whether Buyer, Creative or regular visitor) considered any material on Soply.com to violate any copyright, either the User’s own or somebody else’s, such User is asked to contact Soply at hello@soply.com.
  5. Soply’s logo or any other Material contained on Soply.com are property of Soply and/or its Creatives and, under no circumstances, may be copied, distributed, sold, displayed, broadcasted, imitated, downloaded, re-published, licensed,  presented as one’s own, or anyhow commercialized,  in whole or in part, without the prior written consent of the respective owner(s).
  6. Moreover, copying or imitating the layout and look of Soply.com, including, without limitation, all page headers, buttons, Soply.com’s architecture and general visual identity,  as well as  Soply’s blog, in whole or in part, is strictly forbidden.
  7. Any unauthorized use may violate British, as well as other national, regional or international laws concerning, without limitation,  intellectual property, copyrights, trademarks, privacy and publicity.
  8. In line with British Copyright, Designs and Patents Act 1998 and any other applicable laws, Soply reserves the right to ban Users (whether Buyers or Creatives), who infringe the intellectual property rights of Soply or any third party.

 

  • Alternations and Amendments
  • These Terms and Conditions may, at Soply’s discretion, be altered or amended, affecting all Quotes, Jobs and agreements accepted after the publication date of new terms.

 

 

  • Complaints and General Inquiries

 

  1. In the unfortunate event of filing a complaint, please contact support@soply.com.
  2. For general inquiries and further questions, please also contact support@soply.com.

 

  •  Applicable Law and Venue

 

  1. These Terms and Conditions (as well as Privacy Policy [insert link]). shall be governed exclusively by British law and any dispute shall be settled by the Courts of England and Wales, as first instance venue. CISG shall not apply.

User Specifc Terms

Buyers

 

  • How to use Soply as a Buyer

 

Soply.com offers three different services, namely Hire, Market and Content. Same overall Terms and Conditions apply for each of these three services.

 

  • Job

 

  1. Once a Buyer publishes his/her Job it will appear online, enabling the Creatives to submit their quotes/portfolios for the Buyer to select and assign to the job.
  2. Job Expiration Period: The expiration period is 30 days plus the hours until midnight UTC (GMT+0). For example,  if the Buyer creates a Job on 22/03/2016, it would close next Thursday (i.e. 14/04/2016 at 24:00).
  • Yet, on rare occasions,  Soply reserves the right to both shorten or extend the contested expiration period due to business reasons. Soply obliges itself to inform the Buyer if such be the case.
  • Notice: the buyer can access the Job after the expiration period, but Creatives will not be able to make further submissions.
  1. Occasionally, upon Soply’s discretion, it is possible to prolong the availability period even after the Job ‘lifetime’ has expired. In order to do so, please contact hello@soply.com
  2. Once the Buyer selects the Creative(s), the Job will appear under the section ‘Closed Jobs’ on Soply.com.

 

  • Jobs and Confirmations

 

  1. Jobs are placed directly on Soply.com.
  2. All Jobs posted on Soply.com must be paid work. Any Jobs submitted which require unpaid work or exchanging of services will be immediately removed.
  3. Buyers are allowed to request a Creative’s direct contact details (phone and email address) via his/her Quote response to a Job. Buyers are allowed to then contact Creatives directly.
  4. If the Buyer has not confirmed his/her e-mail address upon registration, shortly after registering the Job, he/she will be asked to do so in order to proceed with the Job.
  5. Applies to ‘Quote’
  • The Creative and Buyer are bound by all stipulations made within the Job.
  • The Creative has 7 days to transfer the completed work from the date of transaction unless otherwise formally agreed between the parties to the transaction.

 

  • Quality, Format and Colour

 

  1. Soply shall transfer the selected Material to the Buyer in the same quality received from the Creative. If there are certain quality standards that the Buyer wants the Creative to  abide by, he/she is obliged to include such information within the Job.
  2. The Buyer will receive the ordered Material from Soply in the quality in that Soply received it from the Creative(s). Soply will use all reasonable efforts to ensure that Material is transferred in the agreed quality, format and colours. Yet, Soply shall not be held responsible for any differences in imagery or colour display and accuracy caused by purely technical and non-manmade interferences.

 

  • Prices and Payment

 

  1. Unless otherwise stated by Soply, the prices and currency will be specified in the Job. The prices exclude local VAT and other taxes and levies.
  2. Usage of Soply.com is completely free of charge. It is the agreement between the Buyer and Creative(s) that is chargeable of a 15% service fee, of the final quoted amount,  charged towards the Creative. The Soply Secure Payment system (using Stripe as the underlying service provider) operates in order to facilitate the payment. In other words, Soply handles the payment flowing from Buyer to Creative(s).
  3. All the transactions should be made online. Soply accepts the following cards:
  • Visa (both credit and debit)
  • Mastercard (both credit and debit)
  • American Express
  1. Soply processes payments through Stripe, Transferwise, and PayPal.
    1. However, if the parties wish to make a bank transfer they are asked to contact hello@soply.com. Additional fees may occur. 
  2. The Creatives will start producing the agreed Material only when the payment is registered with Soply.
  3. If the Creative reports a Job as completed, and if we haven’t heard anything from the client within 7 days, Soply is entitled to process the final payment.
  4. Creatives will be paid for their work, and all Jobs posted on Soply are paid positions. Consequently, offers from Creatives to Buyers for doing any unpaid work for jobs found on Soply are strictly prohibited.
    1. All jobs less than £50 are strictly prohibited on the site. All Buyers on the site must not offer a payment less than the £50 amount, and all Creatives may neither accept payment less than this amount.
    2. It is strictly prohibited to accept a quote and/or invoice for only expenses (i.e. travel). All jobs must be paid for the labor involved.

 

  • Intellectual Property Rights

 

  1. The issue of ownership rights to the Material, including without limitation, animations, videos, photographs, graphics, interactive features, or any other kind of visual media material, is resolved upon the Delivery of the Material, by the Creative(s) to the Buyer. This varies through means of consumption (i.e. Hire, Content and Market).
  2. At no point in time does Soply enjoy ownership rights to the Material.
  3. Applies to ‘Hire’: Ownership rights, as specified within the Job, will be transferred upon Delivery of the Material.
  4. Applies to ‘Content’: Exclusive ownership rights will be transferred to the Buyer upon delivery of the purchased material.  
  5. Applies to ‘Market’: An ownership rights issue is resolved according to specifications in the checkout process.
  6. The Buyer may only use the Material as stipulated within the Job submitted by him/her or by the Content Package chosen. Soply disclaims all liability for any illegitimate use of the Material on the Buyer’s behalf.
  • Job Cancellation
  1. If the Buyer chooses to cancel the job, Soply cannot guarantee that the deposit will be refunded in full.
  2. Soply is entitled to a 15% cancellation fee.
  3. A refund of the remaining deposit may be discussed with the Creative Freelancer. If an agreement is made, Soply will oversee the refund.
    1. It is the client’s own responsibility to get in contact with the freelancer and come to an agreement whether or not they will get the deposit (-15%) refunded

Creatives

 

  • How to use Soply as a Creative

 

  1. These general Terms and Conditions for Creatives apply to being hired, assigned to Jobs, and/or sale of Material via Soply.com
  2. By submitting a quote to a Job, the Creative declares willingness to take on the job under the Terms (pricing, copyrights etc.) specified when submitting his/her portfolio to the Job. Should the Creative fail to submit the Material ordered by the Buyer, Soply deletes the account permanently. However, the circumstance may be mitigated by obtaining a written approval from Soply. In such case, please contact hello@soply.com.
  3. Applies to ‘Hire’: Being hired for a job through Soply indicates mutual acceptance of the job by both parties. If the Creative fails to complete the job accepted, he/she will be banned from the platform.
  4. Applies to ‘Content’: When being assigned to a job, the Creative will submit bespoke content to the Buyer according to the Job received from the Buyer. If Creative fails to deliver the agreed visual material he/she will be banned from the platform.
  5. Sales transaction/ uploading of Material will take place between the Buyer and Creative. Soply is only an intermediary in the process.
  6. Creative(s) are exclusively allowed to provide Buyer(s) with direct contact details in a specific Job’s Quote or Question. Sharing/ posting of direct contact details in a Creative’s portfolio breaches this provision and constitutes a material breach of these Terms and Conditions, entitling Soply to launch legal action.
    1. By providing one’s email or phone number in his/her Creative profile, he/she is subject to be contacted within these means if a Buyer requests his/her contact details through Soply’s platform.
    2. If direct contact details are shared, you may be contacted by a member of our team to sign a Soply Agreement. You are obligated to sign it and return it to our Team with all appropriate fields filled in. Negligence to do so may result in a suspension of your Soply account.
      1. You only need to sign the Soply Agreement once, not for each individual Job you inquire on.
  • Once the booking is made, 50% deposit of the price is withdrawn from the Client, amounting to 15% of Soply’s fee and a 35% initial payment to the Creative. The remaining 50% of the agreed price will be paid to the Creative upon the completion of the job. At that stage, Soply does not interfere and allows for communication between Buyers and Creatives.
  • Still, if Parties wish to communicate, they are invited to use the interactive feature on Soply.com or send an e-mail to hello@soply.com.

 

  • Uploading Material

 

  1. A Creative can upload portfolio content to his/her profile/portfolio as well as submit it to a specific Job. Portfolio media content containing a Creative’s direct contact details constitutes a material breach of these Terms and Conditions. If such media is in a Creative’s portfolio, Soply has the right to delete the content.
  2. Submission of a Quote is possible as long as the Job is live.
  3. When assigned to a Job, the  Creative accepts that the ownership rights of the the Material produced for the Job is transferred to the Buyer once uploaded to the platform.
  4. Once Material is uploaded on  Soply.com in response to the Job and destined for sale, it cannot be withdrawn. If a Creative wishes to delete it from Soply.com, he/she should contact support@soply.com.
  5. With regard to publications and passing on the acquired Material by the Buyer from the Creative, the rights and obligations that Creative has should be stipulated within the Job. For example, if the Buyer has only acquired the royalty free rights the Creative is still capable of selling it elsewhere. Any violation of the terms agreed between the two parties will be considered a material breach of these terms and conditions
  6. Creatives can decide whether they want Soply to add a watermark to the Material uploaded to the Creative’s portfolio or to a Job. However, they are not allowed to use their own watermark.
    1. The aim of the watermark is to  ensure that the photos will not be misused. Soply absolves itself from all liability for any misuse.
  7. The Creative holds all rights to his/her portfolio content. Within the portfolio, he/she can add any Material that they possess rights to (that also refers to the Material that has been sold).
    1. We encourage you to upload as much content as possible on our site. Not only does this make your portfolio look more attractive, it also shows clients your variety of skills. You can upload both images and videos to your portfolio. Below are the accepted formats:Images (recommended): JPEG, PNG, GIF.
      Images (experimental): RAW (multiple), TIFF, BMP, WEBP.
      Video (recommended): MP4 H264.
      Video (supported): Multiple (we have a flexible transcoder).
      Video (unsupported): Apple ProRes files or raw camera formats like ARRI and RED.
  8. Soply is not responsible for the Material that Creatives place in their portfolios. Soply disclaims any liability in a situation where such Material comes from an illegitimate source (e.g. is stolen from another Creative).
  9. Also, Soply prohibits its Creatives to upload Material that may contain or install any kind of malware programme.

 

  • Quality, Format and Colour

 

  1. Creative(s) are obliged to upload all Material in high resolution for their portfolios as well as for Job submissions. The minimum resolution should match the requirements set in the Job.
  2. Soply will transfer produced Material to the Buyer in the quality received from the Creative. Soply will use all reasonable efforts to ensure that Material is transferred in the agreed quality, format and colours. Yet, Soply shall not be held responsible for any differences in imagery or colours display and accuracy caused by purely technical and non-manmade interferences.

 

  • Prices and Payment

 

  1. Soply charges 15% of the agreed transaction price between the Creative and the Buyer.
  2. Creatives should be aware that the above stated 15% is a compulsory cost. Whether or not they decide to include that amount in their quote, in order to make their price more competitive, it will always have to be payable to Soply.
    1. By accepting a job through Soply, and in accordance to these Terms, the Creative should remember that Soply is entitled to receive a 15% commission from all clients found through Soply, within a period of 12 months after initial contact. We will proceed with strict control, and exclude creatives who violates these rules from the platform .
  3. Creatives will be paid for their work, and all Jobs posted on Soply are paid positions. Consequently, offers from Creatives to Buyers for doing any unpaid work for jobs found on Soply are strictly prohibited.
    1. It is strictly prohibited to submit a quote and/or invoice for only expenses (i.e. travel). All jobs must be paid for the labor involved.
  • Applies to ‘Hire’ and ‘Market’: pricing is set by Creatives.
  • Applies to ‘Hire’, ‘Content’ and ‘Market’: Creatives will get 85% of their selling price; Soply receives a 15% service fee for each transaction, based upon rates agreed by both parties (i.e. Creative and Buyer).
  • Applies to ‘Hire’  and ‘Content’: Creatives will either

→ be paid 50% upfront (deducting Soply’s 15% service fee), and the remaining 50% upon completion of the job; or

→ handle the payment directly (via the Soply Secure Payment) with the Buyer and later on invoiced a 15% service fee which will be due for collection of payment or within, and not later, than 7 days after the date the job has been completed.

  • Applies to  ‘Content’: Creatives will get paid accordingly to what has been stipulated and agreed upon in the Job or delivery agreement, and will be paid in full, upon completion of the job. Beforehand, the previously described 50/50 model applies.
  1. Soply reserves the right to change current rates with a notice of 30 days. Such change will not affect active jobs.
  2. Unless otherwise stated by Soply, the prices and currency will be stated in the Job. The prices exclude local VAT and other taxes and levies.
  3. The Creative is solely responsible to pay any VAT (if applicable) and other relevant taxes and levies.
    1. When the Creative needs to add VAT to the total amount, it should be approved by the client. Once approved, the Creative should contact Soply at support@soply.com and Soply will adjust the quote for the Creative so that VAT is included in the final Quote.
  4. When assigned to a Job, the Creative must deliver the Material within the date specified by the Buyer, in the agreement between the parties. If the Creative fails to do so before the deadline stated above, his/her account will be deleted permanently.
  5. Payouts most often take place via Soply Secure Payment (managed by Stripe), by bank transfer using Transferwise or PayPal, or via a local bank transfer if the Creative’s bank account is in the United Kingdom or Denmark. Fees (payment, conversion or otherwise) may apply.
    1. If the Creative resides in an area not compatible with Stripe, Transferwise, or PayPal, any additional fees incurred through the external payment process must be absorbed by the Creative him/herself. Soply is not liable to pay additional fees required through external payment processing systems.
  6. Importantly,if after requesting and obtaining Creative’s contact details from Soply the Buyer decides to make payment individually (e.g. by bank transfer, to the Creative’s ‘hands’ etc.), Soply shall not be accountable for any loss incurred.  Still, the Creative should remember that by signing the Soply Agreement with Soply he/she bounds himself/herself to pay Soply 15% commission fee on every transaction made within 12 months from signing the initial agreement.
  7. By signing a Soply Agreement, and in accordance of these Terms, whether through means of managing one’s own payment or by submitting personal contact details to a client, the Creative is legally required to pay Soply a 15% commission fee of the transaction.
    1. Payment of the 15% commission fee is taken upon booking, and is not required along with receipt of the Soply Agreement by Soply.
    2. If you are delivered a Soply Agreement, you are obligated to sign it and return it to our Team with all appropriate fields filled in. Negligence to do so may result in a suspension of your Soply account.
  8. Soply is entitled to receive a 15% commission from all clients and/or jobs found through Soply, within a period of 12 months after the initial booking of the job.
  9. Soply kindly asks Creatives to update their profiles with relevant contact  information  (including phone number) and payment details.
    1. By providing contact information to Soply, Creatives accept that such contact information may be shared exclusively with Buyers who request individual Creative contact details within Questions and Quotes.
      1. Exclusive of these means, Soply will not share personal contact details to any third-parties.

 

  • Intellectual Property Rights

 

  1. Any Creative who uploaded Material to Soply.com warrants that he/she has created/ produced the Material uploaded to Soply.com himself/herself.
  2. Any Creative who uploaded Material to Soply.com futher warrants that the Material is free and clear of all encumbrances.
  3. Applies to ‘Portfolio’: All Material in the Creative’s portfolio is his/her own property.
  4. Applies to  ‘Content’: The Creative accepts that all Material produced specifically to a Job becomes fully owned by the Buyer once the Material is uploaded to the Job, unless otherwise stated.
  5. Applies to ‘Content’ cont’d: The Buyer is solely allowed to use the purchased Material accordingly to text/guidelines stipulated in the particular Job, or other specifications under the Content Package chosen.
  6. Applies to ‘Hire’ and ‘Market’: Once the Creative(s) and Buyer have reached a conclusion on the purchase price and the payment has been processed, ownership rights are transferred from Creative(s) to the Buyer.
  7. Applies to ‘Hire’ and ‘Market’ cont’d: However, if the Buyer decides not to approve the Material uploaded, ownership rights remain with the Creative.
  8. Creatives are only allowed to upload owned and original Material. Submission of a third party’s work, and taking the credit for it, is strictly forbidden.