Writershub Terms and Conditions
Welcome to Writershub!
1.1. 'Agreement' is the Terms and Conditions described in this document, agreed to by the freelancer ('Content Creator').
1.2. 'Content Creator' is a freelancer who, in accordance with this Agreement, provides content creating services.
1.3. 'Company' is WritersHub.org, an enterprise that allows Customers to use the services of Content Creator, which can be accessed through the website (‘Site’) WritersHub.org, in accordance with this Agreement.
1.4. 'Human Resource Department' ('HR Department') is the department within Company’s organizational structure that deals with the hiring, administration, and general guidance of Content Creators.
1.5. 'Content Creator Role' is a term used to describe the status of Content Creator’s Account on the Site. There are 4 Content Creator Roles: (1) On Probation, (2) Junior, (3) Senior, and (4) Team Content Creator.
1.6. 'On Probation' is a type of Content Creator Role. It is defined as Content Creator’s trial period in Company during which they must complete 5 Orders for further evaluation by the HR Department. Junior, Senior, and Team Content Creators may be shifted back to Probation if their performance is low.
1.7. 'Customer' is an individual or entity that uses Company’s services for a fee. Customer places orders for the content creating services on the Site, which are to be completed by Content Creator based on Customer’s instructions.
1.8. 'Order' is a request from Customer, through the Site, for a particular Product.
1.9. 'Product' is a final outcome of completing Customer’s Order, submitted in an electronic document.
1.10. 'Support Department' ('Support Team') is the department of Company that supervises and assists in the process of Order completion, and facilitates communication between Customer and Content Creator.
1.11. 'Draft’ is a part of Product submitted within the time given by Customer or Support Department.
1.12. 'Due Date’ is the end date of submitting a complete Product.
1.13. 'Draft Deadline’ is the end date of submitting a Draft.
1.14. 'Account' is an online record of all completed Products submitted by Content Creator, Company’s available projects, Content Creator’s payment, messages, and Content Creator’s personal details (i.e., full name, payment information, and any other details required by Company).
1.15. 'Identity Verification' is Company’s security procedure of verifying Content Creator’s identity, credentials, and contact details. If Content Creator provides invalid information, this shall lead to the termination of Account.
1.16. 'Quality Assurance Department' ('QA Department') is the department of Company that monitors the quality of Content Creator’s work, preventing any mistakes, errors, or low-quality Product from being delivered to Customer. The QA Department guarantees the delivery of high-quality Product to Customer.
1.17. 'Product Quality' means conformity of the Product to Company’s quality standards and conformity of the Product to Customer’s instructions regarding the Order.
1.18. 'Plagiarism' is defined as the practice of using the material taken from an outside source and passing it off as one’s own material to complete an Order. Any matches with Content Creator’s previously submitted Products are considered plagiarism.
1.19. 'Reassigned Order' is an Order that was originally taken by one Content Creator, but was reassigned to a different Content Creator for reasons stated thereafter in this Agreement.
1.20. 'Account Termination' is the discontinuance of Content Creator’s services for Company, and the termination of any further collaboration between Content Creator and Company.
1.21. 'Account on Hold' means that Content Creator’s account is temporarily suspended and they are unable to take Orders on the website. Account on Hold is an action taken by the HR Department, and it occurs due to Content Creator’s poor performance, bad record or suspicious activity. Account Managers within the HR Department place the account on suspension for whatever amount of time deemed appropriate by Company.
1.22. 'Billing Department' is that department of Company that supervises Company’s finances and oversees payment processes.
1.23. 'Earnings' are the remuneration earned by Content Creator for completing a Product.
1.24. 'Upcoming Payment' means pending Earnings that Content Creator is entitled to from past Products that need to be transferred to Content Creator.
1.25. 'Payment Option' is the payment method or platform used to transfer Earnings to Content Creator.
1.26. 'Payment Details' are payment information that Content Creator must provide in order to receive Earnings via the preferable Payment Option.
1.27. 'Payroll Dates' indicate the dates when Company transfers the approved Earnings to Content Creator via the chosen Payment Option.
1.28. 'Messaging System' is the Site’s internal messaging system used by Content Creators to contact Support, QA, Billing, and HR Departments of Company to communicate about any work-related issues.
1.29. 'Available' means that Support team can reach Content Creator via phone, Messaging System, email, or Skype during the time given for Order completion. Content Creator must submit contact details through the Account, allowing the Support Team to reach Content Creator for clarifications/progress reports on the Order(s) assigned to Content Creator. Content Creator must maintain valid contact information on the Account (full name, email, phone number, etc.)
1.30. 'Responsive' means that Content Creator communicates in a prompt, professional, and timely manner with Company and Customer during the Order processing.
2. Іntelleсtuаl Prоperty Rіghts
2.1. Content Creator agrees that Company is the exclusive owner of all intellectual property, innovations, and developments to any Product or work delivered during the engagement by Content Creator or created by Content Creator under this Agreement. Content Creator hereby agrees to the conditions stipulated by this Agreement.
2.2. Company is granted a non-exclusive, transferable, assignable license for all innovations, developments, and intellectual property related to the Products or work completed by Content Creator before this Agreement and used by while performing duties to Company. The license is for an unlimited time frame and for use in Company’s operations, as permitted by law. This is a non-exclusive license and can be assigned to whomever Company chooses without written prior consent of Content Creator.
2.3. Content Creator warrants to Company that Content Creator is the exclusive owner and author of the Product to be assigned and delivered to Company, together with its title; Content Creator is the owner of all rights related to the Product completion; there has been no publication without reservation of copyright within Content Creator’s knowledge or consent anywhere in the world; the Product or any part of it can be transferred, assigned, conveyed, or be disposed of in any other way; that Content Creator has in no way granted any rights of any character of the Product, its part of it, to any third party, other than Company, nor has Content Creator has given any license, right, or privilege with relation to any of the rights given to any person other than Company; and has caused or permitted to be done any act or thing by which any of the rights under this Agreement have been impaired in any way.
2.4. Content Creator certifies that there are no outstanding agreements or obligations that are in conflict with the terms of this Agreement, or that would preclude Content Creator from complying with its provisions. Content Creator will not execute any other agreements that contradict this Agreement. Content Creator will not attempt to overburden the conditions given by this Agreement or perform any action in case of which the rights granted to Company might be diminished in any way. If there is a conflict between the terms of this Agreement and any other Agreement, this Agreement shall prevail (as among Company and Content Creator) unless Company and agree in writing that such other agreement will override this Agreement.
2.5. Content Creator grants Company the right to register copyright of the work or Product in Company’s name (assignee) as the owner of registration of copyright of the literary property in Cyprus, and in any other countries Company deems feasible, including countries where copyright has not been acquired. All copyrights are to be obtained solely in the name of Company (assignee), and Content Creator agrees to execute any and all documents or instruments in any country, that may be needed for registration of copyright.
2.6. Content Creator agrees to indemnify, and hold harmless Company and its assigns against any claim, demand, recovery, liability, or expense that may be imposed toward Company because of the Product for the following reasons: (1) any infringement or breach of any owner right or copyright; (2) any unlawful matter contained in the Product which is the subject matter of this Agreement; (3) Content Creator’s gross negligence or willful misconduct relating to Content Creator’s duties under this Agreement; (4) Content Creator’s breach of any provision of this Agreement; (5) any matter that may prejudice Company’s security or its assigns of the full benefit of the rights granted in this Agreement.
2.7. If a claim, demand, or action is made against Company or its assignees, which are based on assertions of infringement or violation of copyright or illegitimate matter in the Product, Content Creator has to defend Company. If Content Creator fails to discharge this stipulation, Company may make any required defense, and the costs and attorney fees, along with the amount of any judgment or other recovery for which Company is liable, shall be charged to and paid by Content Creator. Content Creator shall give notice as promptly as reasonably practicable to Company of future or pending legal proceedings that Content Creator becomes aware of, threatened or commenced against it or Company.
3. Effeсtіvіty оf Аgreement
This Agreement will commence on its execution after Content Creator submits a registration form on the Site and will remain in full force and effect until its Termination by Company or Content Creator.
4. Subjeсt оf the Аgreement
This Agreement is entered into between Company and Content Creator for providing writing services and Products for Company’s Site. Under this Agreement Content Creator has the right to render freelance services and Products to Customer under the terms of this Agreement.
5. Prоduсt аnd Servісe Requіrements
5.1. The Product should conform to Quality Content Creating Standards including, but not limited to the following requirements:
• Layout and organization: writing styles, does not exceed word limit.
• Grammar resource: adheres to grammar rules and rules of sentence structure, adheres to spelling and punctuation rules.
• Lexical resource: arrangement of words, language flow, tautology, and word choice is effective.
• Diction management: follows order specifics (tables, graphs, charts etc.); logical arrangement and presentation of views and ideas; relevance of utterances, redundancy, linking ability.
• Originality: Content Creator is prohibited from using previously completed/written content creations or submitting the content creations via the website. Content Creator is also prohibited from using sources, such as blogs, forums, or encyclopedias (for example, Wikipedia), etc.
5.2. Product should be completed in accordance with Customer requirements including, but not limited to the following:
• content topic, details of order, type of content creating services, attachments, number of pages, number and types of references, level, any other requirements given by Customer (outline, draft, style of language, spacing of lines, etc.)
• Product is submitted by Due Date.
5.3. The Product and Content Creator must conform to Company requirements, which include, but are not limited to the following:
• Pending projects must be submitted by Due Date.
• Content Creator must promptly respond to all messages and notifications, and must be Available to speak over the phone. Content Creator must be Available and Responsive to communicate with Customers or Company.
• Content Creators working on Pending Orders must check Account via website or mobile application every single day to inform the Support Team about the Order progress to make sure that the completed Order will be submitted by Due Date. In case of failure to do so, the Support Team may contact Content Creator anytime to clarify and define the status of the Order. Company may reach out to Content Creator after working hours if there is an emergency.
• Content Creator is prohibited from disclosing any personal information to Customer, putting their works on the internet, submitting details or content of an Order to a different content creating websites, or sharing contact information of a Customer with any other party. Engaging in any of the aforementioned actions will result in Termination of Content Creator’s Account, and Content Creator will receive no compensation.
• Content Creator must provide services under a single username, with valid and current personal details. Content Creator is prohibited from creating duplicate or fake accounts, and doing so will result in immediate termination of Content Creator’s Account with no Earnings given.
• Order can be reassigned in case the Product and Service Requirements are not met or the Order is not submitted within the Due Date. Upon taking on the Order that was reassigned from another Content Creator, the completion of this Order becomes the full responsibility of Content Creator. Content Creator must complete all Reassigned Orders in accordance with Customer’s request, unless the revision instructions are different from order details.
5.3.1. Company has the right to reassign an Order. Customer has the right to ask for a different Content Creator in case s/he is not satisfied with the provided Product and requires a revision or complete rewriting of the Order. Content Creator must respect Customer’s choice to select a different Content Creator for revising the Product. The first Content Creator may not be liable for full or partial compensation for the Order. The conditions of reassigning the Order are decided upon by the Support Department and Customer. Content Creator has a right of filing a reconsideration request to the HR Department.
5.3.2. In case a revision request is filed by Customer, Content Creator must follow the all comments unless they contradict initial instructions of the Order. New instructions require additional payment from Customer according to the volume necessary to complete a revision. Content Creator may refuse to continue working on the Order (file a reassignment request) in case of contradictory revision comments or no payment from the Customer.
5.4.1. An assessment is completed by the QA Department before the Product is given to a Customer, and after Content Creator has completed the Order. Further evaluation may be done if there are complaints by Customer. There may also be an assessment if Content Creator disputes a fine, decline of promotion request, Termination of Account, etc. The communication between Customer and Content Creator about an Order and its completion is monitored by the Support and HR Departments. Any breach of this Agreement shall lead to the imposition of a fine, profile suspension, or closing of Content Creator’s Account.
6.1. If Content Creator breaches Section 5 or any of its subsections, this may result in penalties, fines and/or Account on Hold, Account Termination. Furthermore, if Content Creator breaches Section 5 or any of its subsections, Content Creator may not receive remuneration for a particular Order. Content Creator accepts that Company has the right to decide and enforce the all penalties and sanctions. All Content Creators must understand Fines & Bonuses Policy section in their Accounts (Go to: Fines & Bonuses).
6.2. If any fraudulent activity is detected or recognized in Content Creator’s Account, it will immediately be terminated with no remuneration made.
6.3. Customer has may request a refund for the following reasons: if the Product turned in past Due Date or does not adhere to the Quality Standards of Company or generally accepted terms of content creating, receives bad feedback from Customer, or is plagiarized. The QA Department will determine the percentage of fine imposed on Content Creator’s payment for the Order with pending refund request from Customer based on the quality of provided Product and Service.
6.4. If Content Creator has been assigned to an Order with a ‘Draft Required’ badge, Content Creator must submit a first Draft within Draft Deadline after being assigned the Order. Content Creator must communicate with Company or Customer through the Messaging System to clarify the number of pages/words the Draft must consist of. The QA Department will assess the draft, and then send it to Customer or back to Content Creator for corrections if any. Content Creator must continue working on the final Product after the Draft submission unless there are specific instructions from Customer.
6.5. In the case of a dispute, Content Creator may challenge a sanction imposed on him/her. All challenges to a fine should be given at least four days before the date of Payroll. Content Creator must list why Company should be reconsidering the sanction or fine when contacting the Billing Department via Messaging System. If these instructions are not followed, the request will not be looked at. Requests for reconsidering a fine cannot be replicated or reproduced under any circumstances, or both requests shall be denied or an additional penalty may be applied for spamming. Company will investigate the matter, and it will take approximately three business days from the time of submission of the dispute to do so. Content Creator must accept the verdict of Company, and after the decision is made, Content Creator cannot re-appeal it.
7. Wаіver оf Breасh
7.1. A waiver by Company of Content Creator’s breach of these Terms and Conditions is not a waiver of another breach or a consecutive breach. Remedies that may be given by Company are cumulative, with any remedy given by law.
7.2. Company’s failure to enforce strict performance of provision of this Agreement is considered a waiver of rights/remedies that Company has regarding only that instance, and is not a waiver of other breaches of this Agreement.
8. Pаyment Terms аnd Cоndіtіоns
8.1. Basis of Payment
8.1.1. Content Creator is entitled to Earnings for submitted Orders that adhere to the provisions of this Agreement. Earnings for completed Orders are determined by two factors. These two factors are complexity of the Product and Due Date.
8.1.2. Company’s payroll system is bi-monthly. Content Creator’s payroll dates are individual and can be reviewed in Content Creator’s Account, and they have 14-day intervals.
8.1.3. Content Creators may go to the folder labeled ‘Payments History’ in their Accounts where they can check pending Earnings and any bonuses or fines making part of the payment that is due. The Earnings are described in the following ways:
• Upcoming Payment – payment is scheduled to be on the next payroll.
• Rescheduled Total – payment will be on the subsequent payroll because balance is not sufficient or there is issue with an Order;
• Monthly Bonus – Content Creator will receive a bonus payment for excellent performance every month and for obtaining certain KPI point amounts;
• Pending Total – total amount of payment for Content Creator’s pending orders;
• Waiting for Approval – this is Earnings for orders finished less than 2 weeks ago.
• Paid Total – total amount of Earnings Content Creator receives in total while working for Company;
• Debt – Amount of payment that Content Creator owes Company because projects were refunded or reassigned and the balance in Content Creator’s Account is insufficient for paying the debt to Company;
• Monthly Bonuses Total – Total amount in bonuses every month Content Creator receives for Orders.
8.1.4. All rescheduled projects are in the folder called 'Rescheduled Payments' in Content Creator’s Account. If there is a balance that is not sufficient in Content Creator’s Account (of a minimum of 50 dollars) or an issue with projects(s), the payment will be reschedule to the next payroll. Company may change the schedule of Content Creator payments if Content Creator is found to have violated policy rule(s) or participated in fraudulent activity.
The Billing Department is open on regular weekdays, during regular business hours. When the payroll dates fall on a national holiday or weekend, the payroll date shifts to the closest working day.
8.1.5. Company cannot release the payment that is less than $10.
8.1.6. Company may change the date of payrolls if there is an unexpected circumstance or technical issue. If such a situation occurs, Company will notify Content Creators by email or through Content Creator’s Account.
8.1.7. Company may change the timeframe to approve finished Orders in accordance with Order length or if there were unique circumstances during Order process.
8.2. Payment Platforms: Content Creator may choose one of the Payment Options used by Company for the processing of funds depending on Content Creator’s residence, from the following list:
After the approval of the registration form, Content Creator must contact the Billing Department via Messaging System to clarify which of the listed Payment Methods are suitable for receiving Earnings in Content Creator’s country of origin.
8.3. Processing of Earnings
8.3.1. To have the Earnings processed, Content Creator must submit valid payment details in his/her Account, so that they can be confirmed by the Billing Department. Payment details must be provided at least four days before the Date of Payroll. If payment details are not given on time, or if they are not valid or not verified, it is Company’s right to stop payment transfer up to the time the payment processing requirements are achieved. It is Content Creator’s sole responsibility to obtain the payment that is transferred.
8.3.2. Content Creators are responsible for providing accurate details of payment in their Account. If a payment is released to an incorrect account, Content Creator must contact the representatives of the payment platform he/she chose in regards to the issue that occurred.
8.3.3. Content Creators must indicate only their own personal details of payment. It is prohibited to provide Payment Details of other parties.
8.3.4. If Content Creator needs to update or change his/her Payment Details he/she must pass the Identity Verification by Company. The verification must be completed a minimum of four days prior to the date of payroll. If this rule is not followed, then Company has the right to reschedule dates of payroll for the period deemed appropriate by the representatives of the Billing Department.
8.3.5. Content Creator is not allowed to refund the Earnings transferred to his/her Payment Method by Company. If this rule is breached, Company is not obliged to resend the funds and has the right to take the appropriate measures (enforce a fine, suspend or terminate the account, or apply any other sanction deemed appropriate by Company).
9. Prоbаtіоn Perіоd
9.1. Content Creator is required to pass the probation period consisting of 5 orders before he/she can be promoted to the next Content Creator Roles. The probation period may be shortened or prolonged on the consideration of HR Department depending on the performance of Content Creator on the taken Orders (including but not limited to quality of writing, timely submission of final Products, originality).
9.2. Each Content Creator’s performance while working for Company is closely looked at by the QA/HR Departments. HR Managers and QA Analysts may give warnings to Content Creators if they are negligent of Customer’s requirements or if they do not meet Company quality standards and break policy. If Content Creator receives a warning of low performance, this may result in limiting the availability of Orders, Account Termination, or Account On Hold. Content Creator understands and accepts that Company may, through the HR and QA Department, impose any sanctions it deems appropriate, based off of Content Creator’s KPI indicator. Company may downgrade Content Creator to Probation level for a certain amount of time, based upon QA Department’s and Customers’ feedback. Every case is evaluated independently and Company makes its decision based only off of the activity records of Content Creator.
10. Termіnаtіоn оf the Ассоunt
10.1 These Terms and Conditions can be terminated through the following manner:
• Deactivation; or
10.1.1. Resigning: Content Creator may decide to stop working with Company. The Agreement will be terminated by Company after all current Orders assigned to Content Creator are completed. Content Creator’s Earnings will be processed in accordance with applicable Payment provisions discussed in this Agreement, and after that Account access will be closed. Account shall be suspended while Content Creator is awaiting funds transfer.
10.1.2. Deactivation of Account. After a two month period of no activity (Content Creator does not log into Account), Content Creator’s Account shall be deactivated automatically. Content Creator is allowed to contact the HR Department via email or Messaging System to request reactivation of Account. He/she may be asked to pass the Identity Verification, or be demoted to the lower Content Creator Role. The Account may have the same status after reactivation depending on the decision of HR Department. Company has a right to decline Content Creator's request to recover Account after Deactivation.
10.1.3. Termination of Account: Account Termination may occur for the following reasons:
• Plagiarizing: Any form of plagiarism may resort to the Termination of Content Creator’s Account after the evaluation of QA and HR Departments. Company may issue plagiarism warnings instead of proceeding with dismissal from employment (the number of warnings is considered by the representatives of HR Department). However, cases of heavy plagiarism result into Termination even though no warnings or penalties were previously issued. In such case, Content Creator’s Account is closed once Content Creator’s pending Orders are submitted, and the remaining Earnings are processed on the last scheduled date of payment. Company reserves the right to reassign Content Creator’s current Orders if it considers it plausible.
• Low/Below-Average Performance: Content Creator's Account will be terminated if there are multiple incidents of low performance. ‘Low Performance’ means Content Creator does not submit projects on time, or Content Creator submits projects that are of low quality. It is HR’s responsibility to make decisions about Content Creator’s Account status. The HR Department managers may close Content Creator’s Account if Content Creator demonstrates low/below-average performance on multiple occasions. Content Creator’s access to his/her Account will become limited and will be terminated after Content Creator’s pending orders are completed. Content Creator shall be paid on the closest Payroll Date after the approval of all Earnings. Requests to reactivate the Account shall not be considered by Company’s HR Department.
• Lateness: multiple and consistent cases of negligence (failing to meet Due Dates, requesting reassignment very close to a Due Date, not meeting the Draft Deadline) may lead to the application of a fine on Content Creator’s Upcoming Payment. The HR Department managers may close Content Creator’s Account if Content Creator demonstrates low/below-average performance on multiple occasions. Content Creator’s access to his/her Account will become limited and will be terminated after Content Creator’s pending orders are completed. Content Creator shall be paid on the closest Payroll Date after the approval of all Earnings. Requests to reactivate the Account shall not be considered by Company’s HR Department.
• Disclosing any data or information in relation to Company, personal contact information, details of Content Creator’s Account, sharing them with other Content Creators (unless the Content Creator has a Team role), directions related to Orders, personal information of Customers, creation of replicated accounts, posting or uploading finished projects on-line, disclosure of operational processes or any other information which could possibly damage the reputation of Company could lead to Termination of Content Creator’s Account with no reimbursements made.
• Violating Agreement: if Content Creator is discovered to have violated, failed or refused to adhere to this Agreement or is culpable of severe misconduct connected to his/her fulfillment of duties set forth in this Agreement, Company may terminate Content Creator’s Account immediately without notice to Content Creator and without liability for damages to be paid to Content Creator or assign a fine to Content Creators Upcoming Payment. If there is a heavy violation on Content Creator’s part, Content Creator will not receive his/her Earnings, and it shall be relinquished to Company.
11.1. Content Creator acknowledges that during the term of this Agreement, he/she may be exposed to or be acquainted with a certain invention, innovation, trade secret, process, information, record or specification that is under the ownership of or licensed to Company or in use by Company related to business operations. These operations may include the business and product processes, accounts, methods, and procedures.
11.2. Content Creator will not discuss or disclose in any way, any of the subjects or items mentioned in this Agreement, or use any of the topics or items discussed herein, during the affectivity of this Agreement or afterwards, unless it is required in the regular course of business with Company.
11.3. Any file, record, document, blueprint, specification, information, letter, note, media list, original artwork, notebook, or similar item connected to the business of Company, whether put together by Content Creator or coming into Content Creator’s possession in any other way, shall be Company’s exclusive property. Content Creator is prohibited from keeping any copy of the items mentioned above without prior written permission of Company.
11.4. Content Creator will not divulge his/her work as an independent contractor or any provision of this Agreement to any other parties without Company’s prior written consent. Content Creator will safeguard the confidentiality of Content Creator and Company relationship and the confidentiality of services provided.
11.5. Content Creator is obliged to safeguard his/her login information and is prohibited from sharing it with the third party.
12. Іndependent Соntrасtоr
12.1. Content Creator understands the relationship between Content Creator and Company is for rendering services as an independent contractor, and Content Creator is not an employee or Agent for Company. Content Creator has no power to take on or create any obligation or commitment on behalf of Company or bind Company, unless Company allows it in writing, or unless it is specifically mentioned in this Agreement. Content Creator shall be responsible for the ways in which services are provided.
12.2. Nothing stated in this Agreement will be interpreted as the establishment or creation of the relationship of employer and employee, between Company, Content Creator or any of its employees or agents. Company is not responsible for adhering to any labor laws, rules, statutes, or regulations the relationship between employer and employee.
13. The Соmpаny оblіges tо:
13.1. Adhere to the terms of this Agreement relating to the rights of Content Creator.
13.2. Safeguard personal information of Content Creator (personal details and contact information). Company will not divulge this information to any third parties.
13.3. Assess activity of Content Creators routinely and contemplate the possibility of promotions if there are high indicators of performance.
13.4. Take requests of Content Creators and consider and contemplate them, and respond to them within a reasonable amount of time.
13.5. Inform Content Creators about any technical error/defect and fix the issue in nearest possible time.
13.6. Inform Content Creators about unforeseen issues or defects with the processing of payments.
14. Entіre Аgreement
14.1. This entire Agreement has all of the necessary conditions between Company and Content Creator. No promise, statement, or inducement made by any party or agent of any party that are inconsistent herein shall be binding or obligatory. This Agreement cannot be changed or modified, unless it is done so in writing and signed by both Content Creator and Company, and approved in this Agreement. Content Creator and Company agree that this Agreement substitutes any past communication, representation, or agreement (written or verbal), between Content Creator and Company.
14.2. Communication between parties, on any subject during the term of this Agreement, is not considered part of this Agreement, and it does not have the effect of changing or expanding these terms, except if it is explicitly stated in a document or communication that it is intended to become a part of this Agreement and it should be affixed or incorporated by reference to these terms, and except if agreed to by both parties in writing.
15. Mіsсellаneоus Prоvіsіоns
15.1. Severability – If any term or provision of this Agreement is held by a court of competent jurisdiction as illegal or in conflict with a law of the state where made, the remaining parts of the Agreement remain unaffected, and Content Creator’s rights will be taken and enforced such that the Agreement did not contain the invalid provision.
15.2. Governing Law - This Agreement will be governed by the laws of the principal place of business of Company, in terms of performance and interpretation of this Agreement.
15.3. Jurisdiction of Suit - Any proceeding or action to enforce any of these terms will be commenced in a court of competent jurisdiction where Company’s principal business is located.
15.4. Attorney’s Fees – If Company brings suit for a breach of any portion of the Agreement or a breach in connection with or arising out of this Agreement, Content Creator must pay all costs associated with the suit, and this includes attorney’s fees, regardless of whether suit goes to judgment.
16.1. Content Creator agrees that during the term of this Agreement, he/she will not publish or participate in publishing of any written work that would directly or intentionally harm Company financially or harm its Products/Services, except if Content Creator receives prior written permission from Company to do so.
17. Content Creator’s Acquisition of Client
If Company determines that Content Creator has bypassed Company or its Site by working with a Client assigned through Company’s Site/Services, and subsequently working for the Client on his/her own within 1 year of the date on which Content Creator was assigned to work for Client through Company’s Site/Services, Company will notify Content Creator of the circumvention. Upon notification of the circumvention, Content Creator must provide Company with reasonable documentation that Content Creator and Client were actively working together prior to Content Creator’s being assigned to Client through Company’s Site, and that Content Creator and Client did not meet through use of Company’s Site and Services. If Content Creator does not provide Company with such adequate documentation, Company will charge Content Creator, and Content Creator will pay 50% of any compensation received through working with Client after bypassing Company’s Site and Services, and Company may terminate Content Creator’s Account.
19. Alternative Dispute Resolution
In the event of a dispute between Content Creator and Company concerning the performance or interpretation of this Agreement, and if the dispute is not settled through negotiations, both parties agree that they will in good faith attempt to settle the dispute through mediation before commencing any legal action, arbitration, or other dispute resolution procedure. Content Creator agrees that Company has the right to select a mediator. The mediation process will be confidential.
20. Changes to Agreement
Company has the right, in its sole discretion, to make changes, additions, or revisions to any of the terms of this Agreement at any time, without prior notice to Content Creator, by immediately posting on the Site. Content Creator agrees that he/she will be bound by any changes made to this Agreement. Content Creator should routinely check this Agreement to review for changes.
If Content Creator does not agree with some, any, or all of the provisions of this Agreement, Company obliges Content Creator to terminate his/her Account immediately and cease using Company’s Site and Services.