Please Read These Terms Carefully Before Using this Website and its Services
These TERMS AND CONDITIONS were last modified on 24th day of December 2020.
The contents on this website (the “site“) are provided by OCEONICA CORP (herein after referred to as “Company”), registered under the US Law, located at 1920 Thomas Ave Ste 610, Cheyenne WY 82001, USA. The site is an online platform which connects Writers who provide services and Customers who are in need of such services.
By using this site / placing an order / making payment, it is deemed that you have read and agreed to the following terms and conditions (“Agreement”). If you do not agree to them, do not use the site or access the service from it.
1.1. ‘Customer’ is the person who places order through the Company to obtain the product according to his or her requirements under the defined terms and conditions (referred to as “you”).
1.2. ‘Writer’ is the person, who has agreed to work on a freelance basis to provide writing services listed on the site under the Company’s terms and conditions (“Writing Services”, “Writer’s Service” or “Services”).
1.3. An ‘Order’ is an electronic request for a paid service from the Сustomer for a particular writing service. Order specifies the scope of work and other requirements of the Customer regarding the product.
1.4. A ‘Product Revision’ is an edited version of the original product initiated by the Сustomer.
1.5. ‘Support Team or Support’ is the part of Company’s organizational structure with the mission to assist and coordinate the order process, product and/or service.
1.6. An ‘Order Status’ is the stage at which the order is being processed at present.
1.7. The ‘Quality Assurance Department’ is the part of Company’s organizational structure with the mission to guard and evaluate the quality of the provided products or services.
1.8. The ‘Messaging System’ is an interactive feature that ensures effective communication between the Customer and the Support/Writer.
- Acceptance of Terms
2.1. The Company offers this platform to enable you to utilize the services of Writers, conditional on your acceptance without modification, of the Terms, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Site by the Company (collectively, the “Terms”). The following Terms govern your access to and use of our Service. Your registration, subscription and use of the Site and the Service constitutes your agreement to all such Terms. We may update these Terms from time to time without notice to you. You have to check these Terms time to time, and your further use of the Site and the Service will mean the acceptance of amended Terms.
2.2. The words “use” or “using” in this Agreement, means any time a Customer (a person visiting/using the content/service of the site) who, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Company’s Site Services (see clause 3 below), transmit, receive or exchange data or communicate with the Company’s Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Company’s Services, for any purpose whatsoever.
2.3. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Company’s resources and services.
2.4. You will not use the Site if you:
are not able to form legally binding contracts;
are under the age of 18 unless exclusions are set forth herein;
a person barred from receiving and rendering services under the laws of the USA or other applicable jurisdiction;
are suspended from using the Site; or
do not hold a valid email address.
2.5. We may, at our absolute discretion, refuse to register any person or entity as a Customer.
2.6. You cannot transfer or assign any rights or obligations you have under this Agreement without prior written consent.
2.7. You can’t have more than one account on the Site. Violation hereof will result in your suspension from using the Site.
- Our Services
3.1. This Website is an online platform where Customers can find freelance Writers who can provide high quality writing services. As a platform, Company ensures delivery of the services by Writers and payment to Writers by Customers. On this Site, Customers can find Writers possessing required expertise and meeting their budget, Turn Around Time and other requirements like originality of content.
3.2. Writers are freelancers and are free to apply for an account. Every writer needs to pass internal tests prior to be able to take orders. Every writer has his or her own rating. Writers with bad ratings are permanently banned to avoid “bad product quality” issues. If support team is not sure that certain writer is able to provide quality services, writer can be asked to provide additional data on his education/courses and/or to write a trial piece of content in order to test his skills.
3.3. Customers can place order by following the order process for specific services which writers would perform. Once Writers accept these terms to perform the services, it will be their responsibility to complete the order within the agreed time ensuring the quality. Once the order is complete and payment is made by Customer, Writers transfer all rights and ownership of the products to the Customer.
3.4. You also understand and agree that Services may include advertisements. You also understand and agree that the Services may include certain communications from Company, such as service announcements, administrative messages and updates.
3.5. When You upload, submit, store, send or receive files with text information to, or accept them from Us, You give/grant to Us (Our representatives, agents, employers) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to use, host, store, reproduce, create derivative works (such as those resulting from translations, adaptations or other changes), communicate such content. The rights that you grant by this licence are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This licence shall survive termination or suspension of this Agreement notwithstanding the reason of such termination or suspension
- Order Process
4.1. While registering with the site, please use a valid email address where you can be reached. We may be required to contact you. Providing incorrect email address is a violation of the terms and conditions of this Agreement.
4.2. Customer places order on the site. We do not collect any fee for placing orders. Writers bid for the orders placed by Customers.
4.3. Writer assignment. A writer specializing in a field chosen by the customer, when assigned the order, contacts the customer. The customer may either communicate with the writer via messaging system or request for chat with the writer at a specified time. The writer is responsible for obtaining the details of the order. Once a Writer’s bid is accepted, Customer deposits the agreed amount of money with our site.
4.4. Messaging System. Company use the messaging system for communicating. Our support team and also the writers also use message system for communication. Writers can contact the customers and our support team using the messaging system. Please check the messages regularly, and promptly address any questions, concerns or additional instructions using this interactive feature. You are not allowed to disclose personal information to writers and ask them to deal directly with you without using the website.
4.5. Tracking the order status. When an order is created by a Customer, both Customer and Writer can use the tracking system to know the status thereof. We also provide the status and percentage of completion. The possible statuses of the order are:
Bidding – An order is created by Customer. Customer waits for writers’ bids.
In Progress – Customer selects a suitable Writer and approves the bid. Writer starts the work on order. Writer delivers the first version of the product. Customer reviews the product and asks for revision.
Under Investigation – Client requested cancellation of the order; the order is being checked by the Quality Assurance Department. Money released to writer is put on hold. It does not return to client’s balance before the issue is resolved.
Finished – Customer reviews the Final product after the last revision is provided by the Writer. Customer clicks “release 100% money” button.
Cancelled by Customer – Customer cancels order which is in “Bidding” or “In Progress” status; no financial implication.
Cancelled by Writer – Writer doesn’t want to work on order which is “In Progress”; no financial implication.
Cancelled by System – System cancels the order automatically due to no payment / insufficient requirements / expired deadline or cancellation is initiated by customer and executed by the Quality Assurance Department; no financial implication.
- Delivery and Copyright
5.1. Company shall not be responsible or liable for any type of delivery issues including those resulting from any of your service providers like Internet, email, etc. which are beyond our control, or failure of customer to download the product. Our support team is available to assist you with any delivery problems.
5.2. The products delivered by the Writer engaged by you shall be as per your specifications. If you find the Writer attempting to pass on the plagiarized content as original, you may reject the product and payment may be withheld.
5.3. Neither Company nor any of its affiliates and / or partners shall be liable for any inappropriate, illegal, unethical, or otherwise wrongful use of the products and / or other written material received from Writers. This includes plagiarism, expulsion, academic probation, loss of scholarships / titles / awards / prizes / grants / positions, lawsuits, poor grading, failure, suspension, or any other disciplinary or legal actions. Customers shall take up the matter directly with Writers for resolution of any disputes.
- Revision Policy
6.1. Customer can seek revision of the product if it does not meet the specifications provided by the Customer. Release of funds by the Customer is deemed as completion of the order to the satisfaction of the Customer. No refund is possible either in part or in full if the Customer accepts the order in part or in full and instructs release of funds to Writer. All refund requests can be placed during 3 days after the final document was uploaded (100% completion is stated in your order). Otherwise we reserve our right to release money to writers without any notice.
6.2. Customer should provide clear and well-supported reasons for requesting a refund. The refund request will be forwarded to our Quality Assurance department for the investigation. If approved, money will be returned to your balance. Сustomer will no longer have a right to use the product. In the case of a decline, the explanation will be provided.
6.3. If a revision request contradicts the original instructions, our Quality Assurance Department has the right to decline it.
6.4. If the order was in progress and some part of product was delivered, our Quality Assurance Department will review your order upon cancellation. If cancellation request is approved, the status of the order will be changed to “Cancelled”. If it is declined, order status will be changed to “Finished” and money reserved for the order will be released to writer. We reserve the right to release some percent of money to writers on cancelled orders if we see that your actions have no strong reasons or these were not provided to us.
7.1. By electing to use these Services; (a) you warrant that all information you submit is current, true and accurate; (b) you agree to update this information; (c) you agree not to use the Services for any unlawful purpose.
7.2. You confirm that you are of legal age (as defined by the laws of your country) to make on-line purchases of services. You also represent that you are not a person barred from receiving the Services under the laws of your country or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
- Payment, Tax and Chargeback
8.1 Placing order on the site for any job/project is free. You can deposit money in your account any time. However, you must fund the project (deposit money with Company) after you accept the bid of a Writer. You shall release the agreed fee on completion and delivery by the Writer and its acceptance by you; either in stages, or in one lump sum on completion of the entire project, based on the terms of your agreement with the Writer. After the final document was uploaded (100% completion is stated in your order) you have 3 days to send us any complaints or revision requests. After 3 days money will be released automatically as this is a part of our writer protection. Please, review your order carefully. Once the entire agreed sum is received by the Writer, it is deemed that the order is complete and is to your satisfaction and no refund will be made.
8.2 If you do not plan to use services of the Company, the Company will be allowed to withdraw the money from your account balance after sending of appropriate request. Company ensures funds withdrawal to the Customer’s account upon request, if such request is made within six months from the last order date. If you use money from your balance after the request was sent Company reserves its right to reject your request and close the ticket. If you have previously cancelled the order and money was returned to your balance, Company reserves the right to investigate the reason of cancellation and make decision to either approve or decline your withdrawal request based on the results of this investigation. If money on your balance has never been used before, Company will refund it within 3-10 business days after the request is placed.
8.3 Money shall be stored on your personal account during six months after the last order. Customer saves his right to make request about the return of unused money to Company within six months from the moment of sending of the last order. After expiration of six months unused money shall be transferred to Company on account of payment of operating charges of Company.
8.4. You are responsible for paying any taxes, including any services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
8.5. Depending on your residency or location, you may be subject to certain ad valorem or other taxes, on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.
8.6. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
8.7. A chargeback (being a challenge to a payment that a Customer files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.
8.8. You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Writers through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.
8.9. You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.
- Money Back Guarantee
9.1. Company is authorized and entitled to act on behalf of the Writers to deal with refund requests.
9.2. Under this Money Back Guarantee you have a right to request a refund if you consider that the result of Writing Services does not meet the conditions set out in Your Order initial instructions.
9.3. You acknowledge that refunds are given at our sole discretion in accordance with our quality assurance procedure specified herein. In some cases Company reserves the right to deviate from this Money Back Guarantee in favor of you as the circumstances might be beyond the provisions hereof and unique.
9.4. You are solely responsible for managing your account profile and providing any materials and/or requirements while making an Order. You should regularly check your account profile as well as emails for any requests, remarks or comments sent by a writer or our representatives.
9.5. You have a right to request a refund within 3 days (72 hours) after the deadline to provide the Writer Services outcome expires (“Refund Period”). Once the Refund Period elapses, the relevant countdown will be made by our system and we will not be able to refund any amounts paid. A refund is only possible while the Order is in progress.
9.6. You have a right to request a full/ partial*/no refund depending on the situations described below.
*Partial refunds can be given as an exception, depending on the situation described below.
9.7. Providing the detailed evidence of violations (EOV) is an obligatory requirement and an important part of a refund request process.
9.8. The EOV is a numbered statement reflecting in details all and any discrepancies between requirements set out in the Order instructions and actual result of Writing Services, which you refer to as the basis for your refund request.
9.9. When the plagiarism is an issue, you should provide a valid proof of it (as described in clause 9.16 below) to supplement the relevant reference in EOV.
9.10. All quality-based refund requests are reviewed by our specialists from Quality Assurance Department and processed within 3-5 business days of the date the request was received.
9.11. You can request a limitless number of revisions within the following time frames:
- orders up to 10 pages – within 14 days after the order delivery (the deadline indicated on the order);
- orders more than 10 pages – within 30 days after the order delivery (the deadline indicated on the order).
9.12. When you need a revision, you will be asked to give the Writer some extra time or postpone the deadline. Please note that the Writer needs at least 24 hours to revise your Order.
9.13. If you provide the Writer with any materials or documents, or sources after your Order is ready, you must place a compensation order.
9.14. The Order deadline will need to be postponed if you are requested by our Financial Department to provide necessary information for verification purposes.
9.15. You acknowledge that VAT (if you live on the territory of the European Union and paid VAT when making the Order) is non-refundable.
9.16. 100% of the Payment is subject to Refund in the Following Cases:
- If you decided to cancel the Order before the Writer was assigned to it or within 15 minutes after the Order was created.
- In case you accidentally pay twice for the same Order, we will refund you the second payment after your confirmation*.
* If you place two identical Orders and pay for both of them, we will assume that you need both Orders to be completed and start working on them. Hence, please contact us immediately if any of the orders is paid by mistake.
- If the Writing Services outcome was provided after the deadline and was not downloaded by you.
- If the Order did not match the initial**instructions indicated in the Order at all. This is a subject to inspect by a Quality Assurance Department after a detailed list of violations provided on your side.
**Instructions that were listed by you while placing the order before the Writer started working on the order.
- If the level of plagiarism exceeded 10% if extended and fullversion of the report from the valid checking software provided: Turnitin, SafeAssign, WriteCheck, or any other system used by your institution.
9.17. Please consider that Company cannot guarantee that any of writing services such as editing, formatting or proofreading services will be plagiarism free. We do not bear any responsibility for plagiarism found in the any materials provided by you. Any materials and content that are not written or made by us is not subject to reviewing for possible incidence of plagiarism.
9.18. Note that you are not allowed to use the result of the Writer’s Services if a 100% refund is given. When a full refund is given, you are eligible to receive full amount plus an extra credit on your bonus balance. If this option is accepted, the bonus balance cannot be refunded.
9.19. No Refund is Possible in the Following Cases:
- If you accepted the result of Writing Services by releasing a full amount of the money to the Writer.
- If you simply state that you are not satisfied with the Order without providing us with the EOV to support your request. Should you fail to provide such proof, we cannot investigate your complaint.
- If you complain about plagiarism but you do not provide us with a valid proof of it (see clause 9.16.).
- If the Writer was late with the Order delivery due to the insufficient materials provided or lack of communication on your side.
- If there were technical or any other issues on your end that prevented you from downloading the paper.
- If the deadline stated in the Order differs from the one that was actually required.
- If the Writer was late with the Order, but you have downloaded the result of Writing Services outcome and submitted a refund request referring to lateness only after it has been downloaded.
- Any VASes are non-refundable as are inseparable from the initial product and service provided. The only exceptions are “Progressive delivery”, “1-page abstract”, or “Essay outline” if they are not provided to the Customer in addition to the product.
9.20. Where no refund is possible, we reserve the right to give a refund on bonus balance upon the decision of the Quality Assurance Manager.
9.21. We do not propose Partial Refunds*; however, we can make an exception depending on the situation and the EOV provided.
In case Partial Refund was issued, it can be kept only on the bonus balance in our system. Please refer to the “Bonus Program” Section below to find more.
- Up to 70% – if you cancel the Order when less than half of the deadline has passed*
- Up to 50% – if you cancel the Order when more than half of the deadline has passed*
* In case of Order cancellation, you cannot use any developments that have been provided prior to cancellation, and all copyrights are retained by us.
- Up to 30% – if the Writer was late, but you still will use the result of the Writer’s services or some of its parts.
- Up to 50% – if the result of Writing Services was not written up to your standards, but you still will use it or some of its parts.
- Bonus Program
10.1. With a purpose of making easy the interactions on the website and for our Customers convenience, we have launched a Bonus Program.
10.2. The bonuses used as internal means of payment within the website (“Bonus Points”) can be accrued thereto:
One Bonus Point accrued:
- In course of partial refund (either for the Order or VAS) – is equal to one currency unit used for the Order payment.
- In any other case – is equal to one currency unit to be used for the Order itself.
10.2. By default as a part of your profile functionality, you have access to a bonus account (“Bonus Balance”).
10.3. You can opt to make a 100% refund in cases provided for hereby either to your Bonus Balance or account(s) in bank(s), payment system(s), etc. In case of partial Refund, the Bonus Points are accrued to your Bonus Balance by default.
10.4. Bonus Points cannot be used:
- To pay for additional benefits and services offered via our platform (e.g. subscription, any VASes – if applicable).
- For transferring to the Customer account(s) in bank(s), payment system(s) etc. as currency units.
If you do not use your Bonus Points within one calendar year following the date of accrual to Bonus Balance, we shall withdraw the Bonus Points from your Bonus Balance.
- The Sources
11.1. In the event that the sources required for Your order are rare, obscure, not open sourced or readily available to the general public, it is Your responsibility and You hereby agree to provide those materials at the time You place Your Order. Failure to do so will result in a violation of this Agreement and the Company may in its sole discretion take whatever action it deems necessary to address said violation, including, but not limited to refusal to complete Your Order at all or within the agreed time frame, refusal to fully comply with agreed page requirements of Your Order, and/or refusal to offer free revisions and/or any refund.
12.2. By writing a testimonial you agree that Company is allowed to use your testimonials linked to your account or not for marketing purposes. Company is also allowed to place your testimonials on pages of this website.
12.3. You can always contact support team and ask to block / remove your testimonials if you feel that it may harm your personal profile.
- Conduct/Lawful Use
13.1 Customer agrees that use of the site is subject to all applicable International, National, State, and Local laws and regulations. The Customer agrees to abide by these laws and is solely responsible for the content of its communications through the Service. Customer agrees to use Company for lawful purposes only.
- not to use Services for illegal purposes;
- not to interfere or disrupt networks connected to the Company;
- to comply with all regulations, policies and procedures of networks connected to Company;
- not to resell or transfer your access to the service to any third party;
- not to restrict any other visitor from using the service;
- to act responsibly, treat other website Customers with respect and not violate their rights;
- not to modify, adapt, sublicense, translate, sell, decompile, or disassemble any portion of the Service or any part of the Website;
- not to harvest or collect information about Customers of the service without their express consent;
- not to solicit personal information from anyone under the age of 18.
13.2. In case of any violation of these Terms, Company reserves the right to seek all remedies available by law and in equity for such violations.
- Disclaimer/No Warranty
14.1. COMPANY’S SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY CUSTOMER OR OTHER THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COMPANY’S SITE. COMPANY MAY PROVIDE LINKS TO THIRD PARTY WEBSITES AS WELL AS ADVERTISEMENTS. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COMPANY’S SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. THESE THIRD PARTY SITES HAVE THEIR OWN PRIVACY POLICIES. WE ENCOURAGE YOU TO REVIEW THE PRIVACY POLICIES OF WEBSITES YOU CHOOSE TO LINK TO FROM THIS WEBSITE SO THAT YOU CAN UNDERSTAND HOW THOSE WEBSITES COLLECT, USE AND SHARE YOUR INFORMATION. COMPANY IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OR OTHER CONTENT ON WEBSITES OUTSIDE OF THIS WEBSITE. AS A PROVIDER OF ONLINE SERVICES, COMPANY IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, BLOG OR OTHER INTERACTIVE AREA, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
14.2. COMPANY FURTHER DOES NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. COMPANY MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. COMPANY MAKES NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY COMPANY, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
14.3. Company is not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Company’s Services or combination thereof, including any injury or damage to Customer or to any person’s computer related to or resulting from participation or downloading materials (for the purpose of viewing only), in connection with the Company’s Services.
- Limitation of Liability
15.1. AS A CONDITION OF USE OF THE SERVICE, AND IN CONSIDERATION OF THE SERVICES PROVIDED BY COMPANY, CUSTOMER AGREES THAT NEITHER COMPANY, NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR EMPLOYEE OF COMPANY WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSES, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF WRITER/ CUSTOMER’S TRANSMISSIONS OR DATA OR FAILURE OF THE SITE TO STORE WRITER/ CUSTOMER’S TRANSMISSIONS OR DATA, OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICE, SITE OR CONTENT EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2. You specifically acknowledge that Company shall not be liable for any Customer submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
15.3. Company makes no representations that the Company’s Site is appropriate or available for use in other locations. Those who access or use the Company’s Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
- Digital Millennium Copyright Act
16.1. Company, an internet service provider, in accordance with requirements established in the Digital Millennium Copyright Act (“DMCA”), has adopted this DMCA Takedown Policy to prevent the violation of copyrights and infringement of intellectual property rights on the website. This DMCA Takedown Policy describes Company’ general approach to various infringements, and details a procedure for notifying Company regarding potential infringements.
* The Digital Millennium Copyright Act is a 1998 United States copyright law designed to protect certain content providers and create a “safe harbor” from copyright infringement liability for internet service providers that host allegedly infringing user-generated content. Service providers that follow DMCA requirements and takedown rules shall not be liable for copyright infringement by user-generated content.
16.2. Subject to these DMCA requirements, anyone who believes that a copyright or other intellectual property right owned or controlled by him/her may be infringed by any file made available by an internet service provider may address the internet service provider’s designated agent in order to protect this copyright or other intellectual property right. To contact Company’ designated agent, you should create a notification including at least the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works, including a representative list of such works at the website;
- identification of the material on the Company site claimed to be infringing on or to be the subject of infringing activity on the rights of the complaining party, which the complaining party is asking to be removed from the site or to have access disabled, including information reasonably sufficient to permit Company to locate the material;
- information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A notice containing this information shall be submitted as a written notification to Email indicated in contact section hereof.
15.1. Customer will defend, indemnify and hold harmless Company and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, Writers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by Writer arising out of or in connection with this Agreement; (b) intentional or negligent violations by Writer of any applicable laws or governmental regulation, (c) contractual relations between the Writer and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.
17.2. This indemnification obligation will survive this Agreement and your use of the Company’s Site.
16.1. We reserve the right to terminate your right to use our Services even when you have paid the full amount, if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material; if you do not cooperate for execution of your order; if we suspect that you are involved in any fraudulent transaction. In such a situation, the paid amount will be automatically refunded.
18.2. Transaction disputes under reasons fraud and non-receipt after delivery of product will be considered subject to account termination.
18.3. Any attempt to undermine or cause harm to Company server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes spamming, transmission of – malware, viruses, trojan horses; or by linking to sites and files that contain or distribute them.
18.4. Company may terminate your account and forfeit any fee to be paid at any time without prior notice, if you are in breach of the terms of this Agreement. Company will be the sole arbiter as to what constitutes a violation of the Agreement.
- Entire Agreement/Severability/Waiver
19.1. This Agreement sets forth the entire agreement between you and Company in respect of this site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Agreement shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company’ failure to act with respect to a breach by Writer or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.
20.1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to make on-line transactions; to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
- Governing Law and Dispute Resolution
21.1. Arbitration. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH TERMINATION OR INVALIDITY THEREOF, SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE ELECTRONIC TRANSACTION ARBITRATION RULES OF THE HONG KONG INTERNATIONAL ARBITRATION CENTRE AS AT PRESENT IN FORCE AND AS MAY BE AMENDED BY THE REST OF THIS CLAUSE. THE APPOINTING AUTHORITY SHALL BE HONG KONG INTERNATIONAL ARBITRATION CENTRE. THE PLACE OF ARBITRATION WILL BE IN HONG KONG AT THE HONG KONG INTERNATIONAL ARBITRATION CENTRE (HKIAC). THE DISPUTE WILL BE HELD BEFORE A PANEL OF THREE (3) ARBITRATORS. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THIS USER AGREEMENT.
21.2. Choice of Law. This Agreement, and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relating to this Agreement, or the negotiation, execution or performance of this Agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this Agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the internal laws of the Cayman Islands, including its statutes of limitations. You acknowledge, understand, and accept that the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.
- Contact us
Any questions or concerns about these terms and conditions of use should be brought to our attention by email to [email protected], and providing us with information relating to your concern.