- 1 DEFINITIONS
- 2 INTELLECTUAL PROPERTY RIGHTS
- 3 EFFECTIVITY OF AGREEMENT
- 4 SUBJECT OF THE AGREEMENT
- 5 PRODUCT AND SERVICE REQUIREMENTS
- 6 REVISIONS
- 7 OUTLINES AND ABSTRACTS
- 8 ASSESSMENT
- 9 SANCTIONS
- 10 CANCELLATION
- 11 DRAFTS
- 12 WAIVER OF BREACH
- 13 PAYMENT TERMS AND CONDITIONS
- 14 PROBATION PERIOD
- 15 TERMINATION OF THE ACCOUNT
- 16 ELECTRONIC COMMUNICATIONS
- 17 CONFIDENTIALITY
- 18 INDEPENDENT CONTRACTOR
- 19 THE COMPANY OBLIGES TO:
- 20 ENTIRE AGREEMENT
- 21 MISCELLANEOUS PROVISIONS
- 22 TRANSITORY PROVISION
- “Agreement” means these Terms and Conditions.
- “Company” means (engWritercom) the entity that owns the website and engages the Writer for rendition of services according to the defined terms and conditions laid out in this Agreement.
- “Human Resource Department” or “HR Department” signifies that part of the Company organizational structure that selects Writers and supervises them throughout the internal working process.
- “Writer” is the person who has agreed render services to the Company on a freelance basis under the terms and conditions laid out in this Agreement.
- “Customer” is the person who places an Order with the Company to obtain the Product according to his or her requirements and pays for that service.
- “Order” means an electronic request of a paid service from the Customer for a particular Product.
- “Product” is a document in an electronic format that is the result of processing the Order.
- “Account” means electronic record of all Orders processed by the Writer, communication, payments; and personal information about the Writer such as full name, address, payment details, and other matters required by the Company.
- Revenue Authority Pin Certificate and ID Submission and Verification” is the process of identity verification for Company security reasons. Writer is required to pass identity and contact details verification. Incorrectly provided information may lead to a temporary or permanent suspension of the Account, including its possible termination.
- “Quality Assurance Department” or “QA Department” signifies that part of the Company organizational structure that ensures delivery of quality Product to the Customer.
- “Product Quality” indicates compliance of the Product with all the quality standards of the Company as well as the requirements of the Customer relative to the Order.
- “On Probation” means temporary hold of the Account and the Due Balance for consecutive cases of plagiarism, unsatisfactory quality or lateness.
- “Plagiarism” means to present as new and original a Product or any part thereof with respect to an Order, which is found to have been derived from an existing source. This includes Products or any part thereof previously accomplished and submitted by the same Writer.
- “Reassigned Order” means an Order which being processed by a Writer is taken and assigned to another Writer for causes set forth in this Agreement.
- “Termination of Account” means discontinuation of services of the Writer and any further cooperation with the Company.
- “Billing Department” signifies that part of the Company organizational structure that manages the financial operations and is responsible for billing and payments.
- “Earnings” are the amount of money that the Writer shall be entitled to for processing a Product.
- “Due Balance” is the accumulated amount of pending Earnings at a given time to be paid to the Writer for completed work.
- “Payment Method” is the money transfer service or system that is used by the Company for sending Earnings or financial compensation to the Writer.
- “Payment Details” is information that the Writer should submit to the Account to receive the Earnings through the desired payment method.
- “Payout Dates” are dates when the Company processes the Earnings to the Writer through one of the selected Payment Methods.
- “Support Department” or “Support” signifies that part of the Company organizational structure that assists and coordinates the Order process with the Customer and Writer.
- “Reachable” means that the Writer will be available for both the Customer and Company by phones (landline or cellular) and Internet (Messaging system or Emails) at any time while they are working on the Order. (The contact information the Writer has on the Account profile enables the Support Team to get in touch with the Writer in case there are any questions, clarification, or updates on the Order(s) the Writer is working on. Every Writer is responsible for maintaining correct, up-to-date contact and personal information (name, email, address, telephone numbers and other vital information)
- “Responsive” means to provide the Company and the Customer with the required or requested information while processing the Order. Writers must remain courteous and be professional in their communication with both the Clients and the Company. This entails prompt replies to messages received from the Customer
- “Chat” is an instant communication tool between the Writer and Support available 24/7 for urgent issues only.
- “Billing Chat” is an instant communication tool between the Writer and the Billing Department for urgent payment issues.
- “Messaging system” is an on-line communication tool that is available through the Account on the website.
- “Electronic Communications” is any electronic communication between the Company and the Writer related to Site usage.
- “Skype Interview” is a video conversation between HR Dept.’s representative and an applicant before the application is approved or Writer‘s account is upgraded.
INTELLECTUAL PROPERTY RIGHTS
- Any developments and innovations conceived in connection to or arising out of the Products completed by the Writer during this engagement relative to the duties under this Agreement shall inure to the benefit of the Company and will be its exclusive property. The Writer hereby adheres to all the rights and serves for the interest of the Company in rendering services under this Agreement.
- Any developments and innovations conceived in connection to or arising out of the Products completed by the Writer prior to the term of this Agreement and utilized by the Writer in rendering duties to the Company are hereby licensed to the Company for use in its operations and for an infinite duration, as may be allowed by law. This license is non-exclusive, and may be assigned by the Company to whomsoever it chooses without the Writer‘s prior written approval.
- The Writer represents and warrants sole authorship and ownership of the Product to be delivered and assigned to the Company, together with the title to it; the Writer is the sole owner of all rights of any and all kinds whatever in and to the Product, throughout the world; there has been no publication without reservation of copyright within the Writer‘s knowledge or consent anywhere in the world; the Writer has the sole and exclusive right to dispose of each and every right granted; the Product nor any part of it can lawfully be transferred, conveyed, assigned or otherwise be disposed of; that Writer has in no way conveyed, granted, or hypothecated any rights of any kind or character in or to the Product, or any part of it, to any person, other than the Company, nor have the Writer granted any right, license, or privilege with respect to any of the rights granted to any person other than the Company; and the Writer has not done or caused or permitted to be done any act or thing by which any of the rights granted by this Agreement have been in any way impaired.
- Writer shall not at any time execute any further Agreement or Agreements in conflict with this Agreement, nor will Writer in any way attempt to encumber the rights granted by this Agreement, nor will Writer do or cause or permit to be done any act or thing by which the rights granted to the Company may in any way be impaired.
- The Writer authorizes the Company to make application in its own name or its assignee as proprietor for copyright registration of the literary property in all countries throughout the world in which copyright has not been obtained. Any such copyrights shall be and remain exclusively in the name of the Company or its assignee and Writer agree to execute any and all documents or instruments in any country in which the same may be necessary to obtain copyright registration.
- The Writer covenants to indemnify the Company against any claim, demand, or recovery finally sustained in any suit that may be brought against the Company in any manner connected with the Product by reason of the following: (1) any violation or infringement of any proprietary right or copyright, (2) any libellous or unlawful matter contained in the Product which is the subject matter of this Agreement, (3) Writer‘s breach of any term, covenant, representation, or warranty of this Agreement, or (4) any matter whatever that might prejudice the securing to Company or its assigns of the full benefit of the rights granted in this Agreement.
- The Writer shall promptly and diligently defend any claim, demand, or action that may be made or brought against the Company or its assignee, which claim, demand, or action is based on assertions or allegations of infringement or violation of copyright, libel, or unlawful matter in the Product. If Writer fails to discharge this obligation, the Company is granted the right to make any defense necessary, and the costs and attorney fees, together with the amount of any judgment or other recovery for which the Company is liable, shall be charged to and paid by the Writer.
EFFECTIVITY OF AGREEMENT
This Agreement shall commence upon its execution and shall continue in full force and effect upon and up to the termination of the Account.
SUBJECT OF THE AGREEMENT
This Agreement is made and entered into by and between the Company (engwriters.com; online writing Company, providing research and writing services) and the Writer for rendition of writing and research services and other allied activities. This Agreement entitles the Writer to provide writing and research services to the Customer under the terms and conditions specified herein.
PRODUCT AND SERVICE REQUIREMENTS
- Requirements:The Product should adhere to quality writing standards that include but are not limited to the following:
- Layout and organization (referencing style, standard formatting, word limit).
- Grammatical resource (accurate use of grammatical rules, spelling, punctuation, sentence structure).
- Lexical resource (word choice, tautology, effective arrangement of words, language flow).
- Diction management (Order specifics (tables, graphs, charts etc.), logical arrangement, presentation of own views and ideas, relevance of utterances, redundancy, linking ability).
- 0% Plagiarism. It is strictly forbidden to use the Writer‘s previously completed papers or run the papers through any plagiarism check software. It is also prohibited to use such sources as TermPapers.com, SparkNotes,Wikipedia etc. All references should be taken from reliable/scholarly sources.
- The Product should be written and delivered according to requirements of the Customerthat include but are not limited to the following:
- Topic and Order description, additional files, paper type, number of pages, referencing style, number of sources, academic level.
- Additional requirements through messages/revision instructions/emails.
- Content should be of high quality
- The paper should be correctly formatted
- Content should be 100% original
- All quotations must be properly referenced and attributed
- Delivery of the paper must be on time
- There is a minimum of 275 words per page
- Title and reference pages are not included into the word count
- Use Arial or Times new Roman font in 12 pt
- Paper must be saved in Microsoft Word formats, depending on the assignment
- Paper must strictly follow a citation style determined by the Customer (MLA, APA, Harvard, or Chicago)
- Proper margins must be set (1” from each side)
- Double space all text
- References and citations for ideas and / or information used are essential
- Footnotes and detailed or annotated bibliographies must be prepared according to customer’s demand
- Good grammar and punctuation to be used at all times
- Compliance with requirements of the Customerthat include but are not limited to the following:
- On-time submission of current Order
- Timely response to all messages and emails, availability for communication over the phone. Writers should be Reachable and Responsive as contemplated under this Agreement.
- Writer‘s communication with the Customer may be in a friendly but still in a professional manner. All the messages should be proofread. No Caps Lock is allowed.
- Writers who are preparing Orders in their Current Orders sections are required to log in to the System every 24 hours to inform the Customer and the Support about the status of the Order for both parts to be assured that the Product will be submitted on time. If an Order is not submitted by the deadline, Support may contact the Writer at any given time to check the progress of the Product. It is crucial to submit all Products by the deadline. Company reserves the right to contact the Writer in urgent cases even after business hours, as the case may be.
- Writers should not disclose any information to the Customer that would enable the Customer to directly contact the Writer privately or in any manner that could not be monitored by the Company.
- Rendering of any services must be executed only under one username with the correct and up to date personal information of the Writer. Working under multiple or fake Accounts (user names) is strictly prohibited and can lead to Account termination.
- Whenever the Customer is not satisfied with the quality of the Paper (to be proven) he/she can ask for a revision. The Writer shall complete the revision within a defined period of time. The customer can also request a different writer for revision. In this case, the current writer will be reassigned and receive a partial bid for the order. The support team will find a new writer for revision of the order.
- If the paper fails to comply with the initial requirements of the customer, a revision is carried out without extra payment to the writer. Revisions may carry a payment if the customer changes initial requirements.
- It is mandatory for the writer to complete any revision. In the event of retracting from a revision, a writer’s payment can be recalculated, based on the reason for retraction. Each request for not writing a revision is assessed as a unique case, and is treated individually.
- If the Writer takes a Reassigned Orderthat requires revision only, the Writer becomes fully responsible for the completion of the Order. Thus, the Writer must perform further revisions per Customer‘s request, if revision instructions do not substantially vary from the original ones.
OUTLINES AND ABSTRACTS
- If the customer requires an outline or synopsis, either in writing or in a Power Point presentation, these should be completed by the writer according to the customer’s requirement, without extra payment to the writer. This usually includes title pages, outlines, bibliographies and abstracts.
- Assessment is done manually by the Quality Assurance Department after submission to the Company and before the Product is submitted to the Customer. Further assessment is done when any complaint from Customer is received. Assessment is likewise done when the Writer is diputing fines, in case of cancellation of Earnings, demotion, Termination of Account and Probation, among other reasons. The Support and Quality Assurance Departments are also constantly monitoring the communication between the Customer and the Writer for delays or errors in the Product. Violations detected may result in fines, suspension or termination of the Account.
Breach of Product and Service Requirements and any or all its subsections may lead to fines and/or termination of the Account. In case of Order cancellation, the Writer might not be reimbursed for the particular Order. The Writer recognizes the right of the Company to determine and impose the appropriate sanctions depending on the circumstances on each particular case.
The Company reserves the right to add a fine manually for any instances for Terms and Conditions violation, abuse of deadline extension request option, repeated cases of late reassign requests, fraudulent activity* etc. Each case is investigated individually by the Account Manager.
- Fines and penalties are deductions made by the Company from payments due to the fault of the writer.
- You are allowed to send a fine removal request, but you have to provide concise and informative arguments to justify your action. Remember that a fine removal request is only valid within five (5) days prior to the scheduled Payout Dates. You should state the reasons for reconsideration of the fine in the Order messages with the subject “Fine Removal Request”. Fine reconsideration requests must not be duplicated under any circumstances. The duplication of fine reconsideration requests shall result to the denial of both requests. The investigation conducted by Support and Quality Assurance Departments usually takes up to three (3) business days from the time the dispute was submitted. Writer shall abide by the decision of the Support and Quality Assurance Departments, which decision shall be considered final.
- Below, you can find cases when fines are applied and tips on how to avoid them:
- Whenever a paper contains adopted material, which is identical to the source, without being properly cited and referenced, it is considered plagiarized. A plagiarism penalty constitutes 25% for each plagiarized paper.
- Every case of plagiarism is a serious violation of our rules and principles of academic writing. Any case of plagiarism, upon the consideration of the Quality Assurance Department, may lead to closure of the plagiarizing writer’s account.
- If a plagiarized paper evades immediate detection, it can reach the customer, who would subsequently discover the plagiarized sections. In such an event, the writer receives no payment, and is fined up to 100% of the fee for that paper.
Late Delivery of the Paper:
- Whenever a deadline is exceeded, through the writer’s fault, and the paper is still required by the customer, the writer is fined 25% of the fee.
- The Company may increase the amounts of fines for late delivery at its own discretion, depending on the scale of the problem and the damage caused to the business.
- Fines for lateness will be applied in the case when the writer asks for an extension after the deadline has already passed, even if he/she is later provided with more time. Such fines will not be applied if: a) the writer is not notified about an urgent revision via a phone call from support; or, b) the writer is assigned upon the customer’s request and does not receive a call from support. Please be available over the phone and check the correctness of your number in your profile. Do not be afraid to notify support, when you receive a call from them, about any problems which prevents you from accessing your profile. If support calls the writer, but no one picks up the phone, the lateness fine will be applied.
- Writers must keep track of deadlines for orders. It is obligatory to notify support about lateness or to ask for extension at least 1 hour ahead of time. Otherwise, the fine will be applied, even if the extension is granted. The fine will not be applied in case the writer does everything right, but support provides more time after the order is late. In case the writer asks for an extension in advance, but there is no more extension possible or the customer does not allow an extension, the fine will be applied.
- When the profile does not work or there are any other technical problems with the website, the writer must send the completed/revised paper to firstname.lastname@example.org the deadline for the order expires. In case the paper is sent to the e-mail late, the lateness fine is applied.
- The lateness fine will be removed in case the writer is waiting for the reply from the customer, which is crucial for the order process. In such cases, it is better to ask for an extension from support in advance with the reason: waiting for customer’s reply in order to avoid lateness notification.
- Excuses such as power and internet outages, sickness, software or computer crash, and being into police custody among other excuses will not be tolerated and the appropriate fines will still hold
After you press “Request Extension” button on the order page and indicate extension time, you will should expect the following:
- You get an automatic deadline extension and no fine will be applied;
- Your deadline cannot be extended, as it will then exceed the one set by customer. In this case your extension request will be sent to Support Team, and if the extension is possible it will be given to you with a most probable 25% fine, as we will be required to make a partial refund for the customer.
Remember that fines are applied if it is writer’s fault and you require more time for completion of the order. In case you are waiting for customer’s reply or clarifications – fines should be avoided.
If the deadline for the order has already passed, but you still want an extension, we do not promise to give you one. Our support team will contact the customer and find out if an extension is possible. Please, note that this will cause a partial refund for the customer and a 25% fine for you.
Whenever a paper is submitted in the wrong citation style (formatting and layout / referencing / specific academic format requirements, and so on), the writer is fined 10% of the fee.
Whenever a writer submits a paper completed for another order, an irrelevant paper, or an unfinished paper with missing pages or required number of words, the fine of 10% of the fee is applied.
In case of a dispute, due to the writer’s fault, a fine up to 100% of the bid may be applied. Fines for lateness, wrong file, wrong format, etc., in disputed orders, can be removed only by the Dispute Manager. He decides the amount that will be paid to the writer, taking into consideration all fines applied in the order. Do not ask the Dispute Manager to remove the fine in the disputed order. You can only negotiate his decision with your comments and explanations.
Withdrawing an Offer after Initial Acceptance
Writers are to make sure they check the details, instructions, availability of materials needed, programs and the deadline before applying for an order or confirming the work on it.
Whenever a writer retracts from an assignment after the initial stage has passed, the writer is liable for the retraction. Retracting from an assignment can result in a fine, which calculation depends on the deadline passed. The percentage of the fine may vary from 10-100% of the fee due for the current order.
No Confirmation Received:
This fine is applied mostly for 8-hour orders, where support has to receive confirmation from the writer within half an hour. If there is no confirmation received, support can reassign an order with the fine applied. Please do not forget to check your personal order page and confirm them as soon as possible, especially when you place bids for urgent orders.
- When the writer is waiting for the Customer’s reply, materials to be attached, experience technical or other difficulties, it is the writer’s direct responsibility to inform an operator about any possible delays in advance, request deadline extensions or perform other actions required to resolve the problem before a fine is applied.
- If the writer receives a written confirmation from the Customer on any new order instructions (deadline adjustment, new number of pages, etc.), it is the writer’s responsibility to make sure that the order details are updated according to the recent changes.
- Please contact our Support Team regarding any technical issues or other difficulties beforehand, in order to prolong the deadline of a paper and prevent any fines in the future.
- If an assignment is cancelled by the customer because of low paper quality, late delivery, plagiarism and other reasons attributable to a writer’s fault or mismanagement of an order, the writer receives no payment for the paper. In addition, a fine may be applied by the company.
- A writer is not liable for cancellations of assignments made by a customer, due to the customer’s own reasons which are not the writer’s fault. In such cases, you may send the completed part of the paper to the Writers Department (via the system Messages section of the web-site) within 3 hours after the order cancellation (or 3 hours after you read the message if the order was cancelled at night in your timezone). The Writers Department will then check the paper for plagiarism and issue a compensation for your work.
The Writer who is working on a final year project or any project equal to or more than 10 pages must send a rough draft of the Product to the Customer via the messaging system not later than 30% of time left before the Order deadline. A customer is also entitled to request for a rough draft of such orders or any other type of order. The Company also reserves the right to reassign the Order if the draft is not submitted by the Writer.
WAIVER OF BREACH
- No waiver by the Company of any breach of this Agreement by the Writer shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law.
- The failure of the Company to insist on a strict performance of any of the terms and conditions of this Agreement shall be deemed a waiver of the rights or remedies that the Company may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach of default in any terms and conditions.
PAYMENT TERMS AND CONDITIONS
- The Writer is entitled to the Earnings for each completed Order that is in conformity with Product and Service Requirements of this Agreement. The Earnings for any particular Order depend on the Product complexity and the urgency specified by the Customer.
- The Company has a bi-monthly payout system. All Orders completed from the 1st through the 14th of the month will be paid between the 1st and 3rd of the following month. All completed Orders between the 15th through the 30th (31st) will be paid on/between 15th and 18th of the following month.
- To check the pending payment and imposed bonuses and fines comprising the Due Balance, Writers should go to the Financial Overview. The Earnings are reflected in their respective statuses:
- Scheduled– the payment is scheduled for the payment session;
- Processing– the payment is being processed by the Billing Dept.;
- Transferred– the payment has been transferred to the payment Account;
- No payment scheduled– there is no payment to be processed or the balance is negative;
- The Billing Department operates on business hours, Monday through Friday. If the payment dates are on weekends or national holidays, the payment dates are shifted to the nearest business days accordingly.
- The Company reserves the right to change the payment date due to sudden/unexpected circumstances/technical difficulties. In such cases, Writers will be properly notified in news box on the website.
The Company uses PayPal as its only Payment Method. PayPal charge additional receiving fees (about 3.9%).
- To have the Earnings processed, the Writer needs to submit the required Payment Details to the Account and have it verified with the Billing Department at least five (5) days beforethe Payout Dates to ensure payment delivery. In case Payment Details are not timely submitted, incorrect or are not yet verified, the Company reserves the right to postpone the payout of the Earnings until the necessary requirements are fulfilled. Obtainment of payment account is a sole responsibility of the recipient. The Company does not cover any expenses or offer assistance with the third party account obtainment and/or maintenance of the account.
- Writers are responsible for submitting valid Payment Details. If the payment is sent using invalid or incorrect Payment Details or the payment is not recognized by PayPal, all extra charges (if any), will be shouldered by the Writer.
- US based Writers are required to submit their Social Security Number to their Account profiles, if their transferred earnings for one calendar year equal or over $600 according to Federal Government of the United States (1099 series). The Company will be able to process Earnings only after the number is submitted. The information will be stored safely in the System and will never be disclosed to any third party.
Performance of each Writer of the Company is closely monitored by the Quality Assurance Department. The Quality Assurance Department may give out warnings to Writers whenever there is non-compliance with the Product and Service Requirements of this Agreement and the warnings may be accompanied by temporary cost per decrease, limits on Orders taking. This may lead to placing the Writer‘s Account on Probation or Termination of the Account. The Writer recognizes and expressly gives the Company the prerogative through its Quality Assurance Department to impose the appropriate sanctions including the termination of the Writer‘s Account even after the first violation of the Product and Service Requirements of this Agreement.
- On Probation (Quality/Plagiarism)– the Writer‘s Account is put on a two (2) months trial period with another chance to improve the quality of writing. The Quality Assurance Department closely monitors the results of the performance record. Access to available Orders is partially limited. Earnings are withheld until the end of the probation period. Payments in Financial Overview are rescheduled for future payment until the account in question is taken off of probation. All the new penalties of Plagiarism/Quality type are increased by 20% during the probation period.
- On Probation (Tardiness)– the Writer‘s Account is put on a one (1) month trial period with another chance to improve the performance. The Quality Assurance Department closely monitors the results of the performance record. The Writer is set an individual cost per page for all Orders at a lower rate during the probationary period. Access to available Orders is partially limited. Earnings are withheld until the end of the probation period. The payments in the Financial Overview are rescheduled for future payment sessions until the Account is taken off probation. All the new penalties of Neglect/Late Order submission type are increased by 20% during the probation period.
The Company through its Quality Assurance Department reserves the right to put any Writer on Probation for causes provided in this Agreement for a longer or shorter period of time as specified herein. Each decision is based on Writer‘s performance record and activity results.
TERMINATION OF THE ACCOUNT
This Agreement may be terminated in one of the following ways:
- Resignation.The Writer may terminate the Agreement through the Deactivate Account button in Settings section of the Account profile. Termination of the Agreement will be granted by the Company if all the due Orders under Writer‘s Account are completed. Only after complying with this written notice and completion of any additional Orders can the Writer maintain a positive history and may be eligible for future engagements with the Company. All Earnings are processed according to the applicable payment terms and conditions of this Agreement. Access to the Account is closed immediately.
- Deactivation.The Company reserves the right to deactivate Writer‘s Account in case of three-month inactivity (no Orders taken and/ no log in). All due payments are processed according to the Payment Terms and Conditions of this Agreement.
- Termination.The following instances are causes for the Termination of the Account:
- Any instance that is classified as “Plagiarism” may lead to the termination of the Writer‘s Account with the Company. The Account undergoes thorough quality check by the Quality Assurance Department. The Writer is reimbursed only for quality Orders on the Payout Date after sixty (60) days following the termination date or on the last payment date scheduled upon the last Order successfully completed.Access to Account is closed in seven (7) days after the last payment is processed. Reactivation request is not considered by the Quality Assurance Department.
- Any instance or multiple cases of Low Quality (Requirements full/partial mismatch) may lead to termination of the Writer‘s Account with the Company. The Writer is reimbursed only for quality Orders on the Payout Date after sixty (60) days after the termination date or on the last payment date scheduled upon the last Order successfully completed. Access to Account is closed in seven (7) days after the last payment is processed. Reactivation request is considered by the Quality Assurance Department within three (3) months after termination date if reasonable explanation is provided or guarantee of noticeable improvement is substantially established.
- Single instance of Neglect (Disappearance from the project) may lead to termination of the Writer‘s Account with the Company. The Writer is reimbursed only for quality Orders on the Payout Date after sixty (60) days after the termination date or on the last payment date scheduled upon the last Order successfully completed. Access to the Account is closed within seven (7) days after the termination date. Reactivation request is not considered by the HR Department.
- Often Late.Deliberate instant or multiple cases of Neglect (Project uploaded after indicated deadline, Close to deadline reassign request, Failure to complete Multiple choice (time framed) Orders, Product/Product revision deadline violation, Violation of “Report on progress” requirement) may lead to termination of the Writer‘s Account with the Company. The Writer is reimbursed only for quality Orders on the Payout Date after sixty (60) days after the termination date or on the last payment date scheduled upon the last Order successfully completed. Access to the Account is closed within seven (7) days after the termination date. Reactivation request is not considered by the HR Department.
- Disclosure of any information related to the Company, Writer Accounts, functions, general operating process or any negative information that may potentially damage the Company’s reputationwill lead to the immediate termination of the Writer‘s Account with no reimbursements made.
- Mandatory termination due to violations of the Agreement.If at any time the Writer is found to have committed any violation, failure or refusal to fully comply with the written terms and conditions of this Agreement or any reasonable directive or is guilty of serious misconduct in connection with performance of the obligations set forth herein, the Company reserves the right to terminate the Account at any time without prior written notice to the Writer and without being liable for any or all kinds of damages in favor of the Writer. In cases of serious violation or serious misconduct, the Due Balance will not be processed and shall be forfeited.
- Account Holder Changed.The Company reserves the right to terminate the account immediately withholding the payment if the holder of the account has been changed.
- Fraudulent account:
The Account is considered fraudulent if:
- The Account has been hacked;
- the Writer uploads irrelevant information as Product;
- rude or inappropriate behavior in the messaging system/emails;
- disclosure of personal information
When the Writer uses the Site and sends e-mails, text messages, and other communications from the desktop or mobile device to the Company, the Writer is communicating with the Company electronically and consents to receive communications from the Company electronically, such as e-mails, texts, mobile push notices. The Writer can retain copies of these communications for his/her records. Notices from the Company will be considered delivered to the Writer and effective when sent to the email address provided on the Site or from which the Writer otherwise emails to the Company. The Writer agrees that all Agreements, notices, disclosures and other communications that the Company provides to the Writer electronically satisfy any legal requirement that such communications be in writing.
- The Writer acknowledges that during the effectivity of this Agreement, the Writer will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications that are owned or licensed to the Company and/or used by the Company in connection with the operation of its business. These include, without limitation, the Company‘s business and Product processes, methods, Customer lists, accounts and procedures.
- The Writer agrees not to disclose any of the above-mentioned matters, directly or indirectly, or use any of the listed items above in any manner, either during the term of this Agreement or at any time thereafter, except as required in the ordinary course of this engagement with the Company.
- All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original/creative artwork, notebooks, and similar items relating to the business of the Company, whether prepared by the Writer or otherwise coming into the Writer‘s possession or knowledge, will remain the exclusive property of the Company. The Writer will not retain any copies of the foregoing without the Company‘s prior written permission.
- Upon the expiration or earlier termination of this Agreement, or whenever requested by the Company, the Writer will immediately deliver to the Company all such files, records, documents, specifications, information, and other items in the Writer‘s possession and/or control.
- The Writer further agrees not to disclose the Writer‘s engagement as an independent contractor or any of the terms and conditions of this Agreement to any person without the prior written consent of the Company and will at all times preserve the confidential nature of the Writer‘s relationship to the Company and of the services hereunder.
- Writer acknowledges that this engagement is established for the provision of services as an independent job contractor and not as an employee or agent of the Company. Writer shall have no authority to assume or create any obligation, commitment or responsibility for or in behalf of the Company or otherwise bind the Company except when so authorized in writing or as is specifically provided under this engagement. Writer shall be solely responsible for the manner and means as to how such services shall be rendered.
- Nothing contained herein shall be construed as establishing or creating an employer-employee relationship between the Company and the Writer or any of its employees/assistants. The Company shall not, therefore, be responsible for complying with any labor laws, rules and regulations governing employer-employee relationships.
THE COMPANY OBLIGES TO:
- Follow the terms and conditions of this Agreement in full force but in good faith, with due respect to the rights of the Writer
- Review Writers performance records on a regular basis and consider possible upgrade of the Account
- Review and consider all complaints and disputes in a timely manner
- Notify Writers of any technical difficulties and eliminate any within the shortest possible time
- Inform beforehand about any unexpected Payout delays
- This Agreement contains the entire stipulations between the Writer and the Company, and no statements, promises, or inducements made by either party or agent of either party that are inconsistent herein shall be valid or binding; this Agreement may not be enlarged, modified, or altered except in writing signed by the parties and indorsed on this Agreement. This Agreement shall supersede all previous communications, representations, or Agreements, either verbal or written, between the Writer and the Company.
- No letter, telegram, or other communication passing between the parties, concerning any matter during the duration of this Agreement, shall be deemed a part of this Agreement, nor shall it have effect of modifying or adding to this Agreement unless it is distinctly stated in such letter, telegram, or communication that it is to constitute part of this Agreement and is to be attached or incorporated by reference to this Agreement and unless mutually agreed to by the parties in writing.
- Severability – It is understood and agreed by the Writer that if any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Writer shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid.
- Law Governing – It is mutually understood and agreed that this Agreement shall be governed by the laws of the the place where the Company holds its principal place of business, both as to interpretation and performance.
- Place of Suit – Any action or other judicial proceeding for the enforcement of this Agreement or any of its provisions shall be instituted in the courts of competent jurisdiction in the the place where the Company holds its principal place of business.
- Attorney’s Fees – If suit is brought by the Company for the breach of any provision of this Agreement or in any manner connected to or arising out of the Agreement, the Writer agrees to pay all the costs in connection with suit, including reasonable attorney’s fees, whether or not the suit proceeds to judgment.
The Company reserves the right to modify, amend, revise or otherwise change any and all provisions of this Agreement. The Writer expressly agrees to be bound by any subsequent modification, amendment, revision or changes as contemplated herein, by the continued rendition of services to the Company. It shall be the obligation of the Writer to review this Agreement for changes from time to time.