TERMS AND CONDITIONS
Last Updated and Effective: June 15, 2020
Please read these Terms and Conditions (“Terms” and/or “Terms and Conditions“) carefully before submitting your registration form to participate in the writeperfect.net’s Freelance Program (“Program”), because by using writeperfect.net (“Website“) You agree to abide by these Terms and Conditions.
Your use of the Website and entering into the Program are governed by the following Terms as applicable to the Website. These Terms are applied to all Freelancers (as this term defined hereunder), visitors, users and others who access and/or use this Website. If You transact on and/or use the Website, You shall be subject to this Terms. By using the Website, You agree that these Terms and Conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO IF YOU DISAGREE WITH THESE TERMS OR ANY PART OF IT THEN YOU MUST NOT USE THIS WEBSITE.
“Freelancer” and/or “You” mean the business, individual, entity, applicant, or end user accessing the Website, its contents, submitting the registration form, and participating in the Program, offered through the Website.
“Fee” means your fee for each purchase of Services by a Customer under and in accordance with these Terms.
“Customer” means a customer who uses and/or consumes the Services.
“Registration Form” means any and all order forms, registration forms, or other signup or acceptance forms (whether online, paper, fax, or otherwise), including any information in it, provided by You.
“Services” means assistance services in editing, proofreading, revision, paraphrasing, rewriting and formatting existing academic works of any level, creation of qualified content of general nature (content for websites, descriptions and reviews of goods and services), creation and editing of personal presentations, resumes, CV’s (“Services”), that Customer purchases through the Service Providers.
“Service Provider” means writeperfect.net and/or related parties and/or partners.
“Document“/ “Work”/ “Order” shall mean an original writing work that is drafted by You in accordance with these Terms and Conditions.
“We“, “Our”, “Us” and/or “Ourselves” mean writeperfect.net
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
By participating in Program You represent(s) and warrant(s) that:
all registration information You submit to Us is truthful and accurate;
You have a duty to maintain the accuracy of such information;
You have full legal capacity to enter into legally binding relations under this Terms;
using this Website and participating in Program under these Terms does not and will not conflict with the current legislation and/or any prescriptions, provisions, regulations, licenses, permits, and registrations applicable to You;
using this Website and participating in the Program does not and will not cause any violation and/or non-fulfillment of any agreement or other instrument to which You are a party, or the effect of which extends to You;
does not and will not conflict with any provisions of your constituent documents (if any).
By participating in Program You agree that We reserve the right to delete your Profile or terminate your cooperation with Service Provider without warning, if We believe that information You provided to Us does not conform with the Terms` eligibility requirements and/or You do not fit the representations and warranties set forth in these Terms.
Enrollment in the Program
Your Profile gives You access to the Program and functionality of the Website that We may establish and maintain from time to time and in our sole discretion. You are responsible for any and all occurring activities and/or downloaded documents under your Profile.
You are fully responsible for maintaining the confidentiality of the password and yours Profile. You are fully responsible for all activities that occur under your password and/or your Profile.
You agree to
- notify Us immediately about any unauthorized use of your password and/or Profile or any other breach of security.
- You must ensure You exit from your Profile at the end of each session. We will not be liable for any loss and/or damage arising from your failure to comply with these provisions.
By giving Us your email address, You grant us permission to send You communications from Service Provider, such as your Profile creation confirmations, service announcements, administrative messages, and any of the opt-in Service Provider newsletters. You may opt out of certain email communications from Service Provider by following the instructions on your Profile. You may not opt out of Program-related messages. If You do not want to receive Program-related messages from Service Provider, You must terminate your cooperation with Service Provider and cancel your Profile.
You authorize Service Provider directly or through third parties to make any inquiries, it is considered necessary to validate your Profile and/or any other information, including financial, You provide Us while registration process. Essentially, the procedure involves, inter alia, validating your identity and confirming that information You have provided is truthful and accurate.
Please note that We use your phone number and/or your email to contact You and to verify your identity. Therefore, it is vital to provide Us with your accurate and valid phone numbers and email.
You are responsible for informing Service Provider about changes to your postal address, e-mail address, and phone numbers, as well as about any other changes to your name, phone number, contact information, payment information, or other personal information that will impact Service Provider’s ability to verify your identity and to issue a valid Fee payment.
Any information about changes in your personal details must be submitted at least fifteen (15) business days prior to the end of the calendar month in order to issue your Fee for that month.
Please note that You are required to pass additional verification procedure in case You change phone number and/or email address. You may not take/ receive any Order, until our Risk Department verifies You/ your new phone number and/or email address. If the verification procedure fails and you do not provide Us with the correct phone number and/or email address within fourteen (14) calendar days, your Profile shall be deleted and your cooperation with Us shall be terminated.
By agreeing to these Terms and Conditions You also agree to the following:
- the information You provide is your personal information and
- You have authority to provide it to Us, and
Instructions and Materials
Subject to full compliance with the Terms, You undertake(s) to provide Us with documents in accordance with the Customer`s instructions.
Documents that you provided must meet Customer`s confirmed instructions. Customer cannot change the initial instructions after the instructions have been confirmed. Any alterations to confirmed instructions are considered as additional instructions that should be paid additionally.
If Customer specifies that certain sources/ material are required or are essential to the completion of the documents:
- You find one in your order instructions;
- Customer provides them to You via Internet; or
- Customer buys such sources/ material and provide it to You or reimburses your costs/ expenses incurred.
Please note that You are not responsible for any delays caused due to nonreceipt of the Customer`s specific sources/ materials.
Restrictions and Prohibitions
In your use of the Program and this Website, You must abide by the following restrictions and prohibitions. As a Freelancer, You may not:
- Use in documents that you provided content that is pornographic, defamatory, libelous, tortuous, vulgar, obscene, invasive of privacy, racially or ethnically objectionable, hateful, or promotes /provides instructional information about illegal activities, promotes any act of cruelty to animals, or is otherwise offensive.
- Use the Website and/or Program to violate any federal, state, local or international laws.
- Spam the Customer or mass email any Customer in an automated fashion.
- Collect personal identifiable information about Customers and sell or transfer that information.
- Harass, threaten, or intimidate Customers or others who use the Services.
- Use automation tools to create Profiles and/or documents.
- Disclose Customer`s confidential information.
- Use in documents that you provided content that is plagiarized, identical or substantially similar to any other copyright content, derived from academic writing papers, and/or published elsewhere on the Web. This applies even if You are the owner of that content and/or have the rights to publish that content.
Payments and Payment Mechanisms
Our obligation to make a Fee payment is subject to the condition precedent, including, without limitation:
- Documents are submitted/ downloaded within the deadline and according to the Customer’s instructions;
- Documents are not plagiarized;
- the Customer did not dispute a transaction and/or asked his/her credit card issuer to reverse the charge (“chargeback”);
- the Customer downloaded documents that you provided;
- Yours representations and warranties in these Terms shall be true, accurate, and complete in all material respects on the date of the Payment.
Service Provider reserves the right to suspend payment of Fee(s) at any time and for an indefinite term, if it suspects fraud or other improper activity and/or a potential breach by Freelancers of any of the provisions of these Terms and Conditions.
Service Provider, in its sole discretion, reserves the right to reduce, and/or to withhold indefinitely, and/or to reverse, and/or to deny, and/or to reject any Fee, in following cases:
- if the Customer opens a dispute through certain online payment processor and/or called a chargeback on the Order that Freelancer was assigned for. Your Fee for the particular order shall be recalculated, depending on your Order evaluation conducted by Quality Assurance Department. The final Fee shall comprise up to fifty percent (50%) of the initial Order price.
If Customer refuses to process the Order that Freelancer was assigned for and has not downloaded it, Service Providers make 100% refund to the Customer. If Freelancer uploaded documents into the system before cancellation, On Hold, or deadline, we will issue a 50% compensation of the initial Order price, depending on the quality of the provided documents.
- if Customer asked for refund because of unsatisfying quality of the Order, final Fee for a particular order shall be deducted by the amount of relevant refund.
The payment method shall be chosen by Service Provider according to the Freelancer’s location, availability, and convenience of certain payment method. Service Provider in its sole discretion may grant the Freelancer a right to choose the payment method that Service Provider will use for processing of all payments to Freelancers.
All payments shall be processed via worldwide online payments systems (including, but not limited to PayPal, M-pesa, Payoneer) and/or via wire transfer. If the Freelancer wants to change his/her payment method and/or alter any payment information, he/she will have to pass the verification procedure and provide us with the official documents for security purposes.
Freelancers’ Fee for completed works are paid twice per month, i.e. on the 10th and 25th (“Payment Date”). Works which are successfully completed between the 15th and 30th (31st) of the previous month are paid on the 10th of the current month. Works which are successfully completed between the 1st to the 15th of the current month are paid on the 25th of that current month. We reserves a right to change the Payment Dates because of sudden/unexpected circumstances/ technical difficulties. In case of sudden/unexpected circumstances/ technical difficulties, you will be notified via Profile and/or via email.
Please note that your participation in the Program may be suspended or approval withheld until Service Provider can validate that You have a valid Profile with approved payment method.
By participating in the Program, You assume sole responsibility for any taxes owed, and You agree to pay all applicable taxes and/or charges imposed by any government entity in connection with your participation in the Program.
Service Provider reserves a right to apply the following fines and measures, depending on the particular reasons, circumstances, and the amounts refunded back to the Customer:
- Plagiarism –penalty amounting from one hundred (100%) to three hundred (300%) percent of Order price will be imposed. More than one instance might result in your Profile termination.
- Wrong or blank documents uploaded by the Freelancer – penalty amounting fifty percent (50%) of Order price will be imposed.
- Missing the Order deadline – penalty amounting from five (5%) to fifteen (15%) percent of Order price will be imposed.
- Low/ bad quality (including but not limited to grammar errors, the Customer`s instructions were not followed etc.), – penalty amount depends on docs quality and shall be determined by Quality Assurance Department. More than one instance might result in your Profile termination.
- Refusal to process the Order that Freelancer was assigned for:
- If more than thirty percent (30%) of Orders deadline has passed, then penalty amounting from thirty (30%) to fifty (50%) percent of Order price will be imposed.
- If more than fifty percent (50%) of Orders deadline has passed, then penalty amounting from fifty (50%) to one hundred (100%) percent of Order price will be imposed.
Should the documents fail to meet Customer`s instructions, Freelancer is obliged to provide free of charge documents revision. Any Customer`s revision request or complaint in regards to documents shall be made within the revision period (“Revision Period”).
Customer is entitled to request as many revisions as may be required to make the documents consistent and compliant with Customer`s instructions. During the Free Revision Period the request for revision may be made at any time.
Limitations of liability
SERVICE PROVIDER SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS TERMS AND CONDITIONS.
Our aggregate liability for damages arising with respect to this TERMS AND CONDITIONS and any and all use of the Website will not exceed the total amount of FIVE HUNDRED DOLLARS ($500). The Service Provider does not compensate damages exceeding the amount specified above.
If the applicable law does not allow the limitation of liability as set forth above, the limitation will be deemed modified solely to the extent necessary to comply with applicable law.
We are committed to protecting your confidentiality. Authorized employees on a need to know basis only use any information collected from Freelancers. Freelancer`s records are regarded as confidential and therefore will not be divulged to any third party, but only if it is required by the legal authorities.
We will not sell, share, or rent your personal information to any third party, or use your e-mail address for unsolicited mail.
Confidential information does not include information that:
- was in the public domain at the time we received it;
- comes into the public domain after we received it through no fault of ours;
- we received from someone other than You without breach of our or their confidentiality obligations; or
- we are required by law to disclose.
Any feedback/ testimonial You provide to this Website shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. Furthermore, by submitting the feedback/ testimonial, You represent and warrant that
- Your feedback/ testimonial does not contain confidential or proprietary information of You or of third parties;
- we are not under any obligation of confidentiality, express or implied, with respect to the feedback/ testimonial;
- You are not entitled to any compensation or reimbursement of any kind for the feedback/ testimonial under any circumstances.
By agreeing to be legally bound by these Terms and Conditions Freelancer hereby perpetually, irrevocably, and unconditionally assigns, transfers, and conveys to Service Provider and its successors and assigns, all of Freelancer’s right, title, and interest in and to the all intellectual property (“Intellectual Property”) and intellectual property rights (“Intellectual Property Rights”) forming a part of, embodied, in or necessary for use of the documents.
Freelancer further perpetually, irrevocably, and unconditionally assigns, transfers, and conveys to Service Provider and its successors and assigns all claims for past, present and future infringement or misappropriation of the Intellectual Property Rights included in the assigned documents, including all rights to sue for and to receive and recover all profits and damages accruing from an infringement misappropriation prior to the effective date of assignment as well as the right to grant releases for past infringements.
Transfer of Intellectual Property and Intellectual Property Rights by the Freelancer to the Service Provider shall be deemed to come into effect, and the Service Provider shall be deemed to have become the owner of the Intellectual Property and Intellectual Property Rights on the date of documents are downloaded.
Freelancers hereby represents and warrants that: Freelancers exclusively owns all right, title, and interest in and to the assigned Intellectual Property and Intellectual Property Rights; Freelancers have not granted and will not grant any licenses or other rights to the Intellectual Property and Intellectual Property Rights to any third party; the Intellectual Property and Intellectual Property Rights are free of any liens, encumbrances, security interests, and restrictions on transfer; to Freelancer’s knowledge, the Intellectual Property and Intellectual Property Rights that is assigned do not infringe Intellectual Property Rights of any third party; and there are no legal actions, investigations, claims, or proceedings pending or threatened relating to the Intellectual Property and Intellectual Property Rights.
These Terms and Conditions shall remain in effect and binding for You for as long as You continue to participate in the Program (“Term”). Either of us may terminate these Terms at any time, with or without cause, by giving the other party notice of such termination. No Freelancer`s Fee shall accrue or be earned by You after the Term.
Freelancer is only eligible to earn Freelancer`s Fee occurring during the Term, and fees earned through the date of termination will remain payable only if the related Orders are not canceled or returned.
The “Confidentiality” and “Copyright” obligations set forth herein shall survive the termination of these Terms and Conditions for any reason whatsoever.
THE PROGRAM IS PROVIDED “AS IS”, “AS AVAILABLE”, WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR PARTICIPATING IN THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WEBSITE MAKES NO WARRANTY THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PROGRAM AND THIS WEBSITE.
Notification of Changes
We expressly reserve the right to change these Terms and Conditions from time to time without notice to You. You acknowledge and agree that it is Your responsibility to review this Website and these Terms and Conditions from time to time and to familiarize yourself with any modifications.
Your continued use of the Website after such modifications will constitute acknowledgement of the modified Terms and Conditions and agreement to abide and be bound by the modified Terms and Conditions.