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Terms and Conditions

Writershub Terms and Conditions
Welcome to Writershub!

1.  Defіnіtіоns 

1.1. 'Agreement' is the Terms and Conditions described in this document, agreed to by the freelancer ('Writer').

1.2. 'Writer' is a freelancer who, in accordance with this Agreement, provides writing services.

1.3. 'Company' is WritersHub.org, an enterprise that allows Customers to use the services of Writer, 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 Writers.
1.5. 'Writer Role' is a term used to describe the status of Writer’s Account on the Site. There are 4 Writer Roles: (1) On Probation, (2) Junior, (3) Senior, and (4) Team Writer. 

1.6. 'On Probation' is a type of Writer Role. It is defined as Writer’s trial period in Company during which they must complete 5 Orders for further evaluation by the HR Department. Junior, Senior, and Team Writers 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 assignments on the Site, which are to be completed by Writer 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 Writer. 

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 Writer, Company’s available projects, Writer’s payment, messages, and Writer’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 Writer’s identity, credentials, and contact details. If Writer 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 Writer’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 Writer’s previously submitted Products are considered plagiarism.

1.19. 'Reassigned Order' is an Order that was originally taken by one Writer, but was reassigned to a different Writer for reasons stated thereafter in this Agreement.

1.20. 'Account Termination' is the discontinuance of Writer’s services for Company, and the termination of any further collaboration between Writer and Company.

1.21. 'Account on Hold' means that Writer’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 Writer’s poor performance or bad record. 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 Writer for completing a Product.

1.24. 'Upcoming Payment' means pending Earnings that Writer is entitled to from past Products that need to be transferred to Writer. 
1.25. 'Payment Option' is the payment method or platform used to transfer Earnings to Writer.
1.26. 'Payment Details' are payment information that Writer 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 Writer via the chosen Payment Option.

1.28. 'Messaging System' is the Site’s internal messaging system used by Writers 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 Writer via phone, Messaging System, email, or Skype during the time given for Order completion. Writer must submit contact details through the Account, allowing the Support Team to reach Writer for clarifications/progress reports on the Order(s) assigned to Writer. Writer must maintain valid contact information on the Account (full name, email, phone number, etc.) 

1.30. 'Responsive' means that Writer communicates in a prompt, professional, and timely manner with Company and Customer during the Order processing. 


2. Іntelleсtuаl Prоperty Rіghts

2.1. Writer agrees that Company is the exclusive owner of all intellectual property, innovations, and developments to any Product or work delivered during the engagement by Writer or created by Writer under this Agreement. Writer 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 Writer 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 Writer.
2.3. Writer warrants to Company that Writer is the exclusive owner and author of the Product to be assigned and delivered to Company, together with its title; Writer is the owner of all rights related to the Product completion; there has been no publication without reservation of copyright within Writer’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 Writer 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 Writer has given any license, right, or privilege with relation to any of the rights given to any person other than Company; and Writer 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. Writer certifies that there are no outstanding agreements or obligations that are in conflict with the terms of this Agreement, or that would preclude Writer from complying with its provisions. Writer will not execute any other agreements that contradict this Agreement. Writer 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 Writer) unless Company and Writer agree in writing that such other agreement will override this Agreement.
2.5. Writer 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 the United States, 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 Writer agrees to execute any and all documents or instruments in any country, that may be needed for registration of copyright.
2.6. Writer 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) Writer’s gross negligence or willful misconduct relating to Writer’s duties under this Agreement; (4) Writer’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, Writer has to defend Company. If Writer 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 Writer. Writer shall give notice as promptly as reasonably practicable to Company of future or pending legal proceedings that Writer becomes aware of, threatened or commenced against it or Company.

 

3. Effeсtіvіty оf Аgreement

This Agreement will commence on its execution after Writer submits a registration form on the Site and will remain in full force and effect until its Termination by Company or Writer.

 

4. Subjeсt оf the Аgreement 

This Agreement is entered into between Company and Writer for providing writing services and Products for Company’s Site. Under this Agreement Writer 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 Writing Standards including, but not limited to the following requirements: 

•    Layout and organization: uniform reference and format 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: Writer is prohibited from using previously completed/written papers or submitting the papers via the website Turnitin.com. Writer is also prohibited from using sources that are not academically approved, such as blogs, forums, or encyclopedias (for example, Wikipedia), etc. All references used by Writer should be peer-reviewed sources, unless Customer specifically requires otherwise, and properly cited in text. 

5.2. Product should be completed in accordance with Customer requirements including, but not limited to the following:

•    Paper topic, details of order, assignment type, attachments, number of pages, number and types of references, formatting, academic 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 Writer must conform to Company requirements, which include, but are not limited to the following:

•    Pending projects must be submitted by Due Date.

•    Writer must promptly respond to all messages and notifications, and must be Available to speak over the phone. Writer must be Available and Responsive to communicate with Customers or Company. 

•    Writers 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 Writer anytime to clarify and define the status of the Order. Company may reach out to Writer after working hours if there is an emergency.

•    Writer 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 writing website, or sharing contact information of a Customer with any other party. Engaging in any of the aforementioned actions will result in Termination of Writer’s Account, and Writer will receive no compensation. 

•    Writer must provide services under a single username, with valid and current personal details. Writer is prohibited from creating duplicate or fake accounts, and doing so will result in immediate termination of Writer’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 writer, the completion of this Order becomes the full responsibility of Writer. Writer must complete all Reassigned Orders in accordance with Customer’s request, unless the revision instructions are different from paper details. 

5.3.1. Company has the right to reassign an Order. Customer has the right to ask for a different Writer in case s/he is not satisfied with the provided Product and requires a revision or complete rewriting of the Order. Writer must respect Customer’s choice to select a different Writer for revising the Product. The first Writer 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. Writer has a right of filing a reconsideration request to the HR Department. 

5.3.2. In case a revision request is filed by Customer, Writer must follow the all comments unless they contraddict initial instructions of the Order. New instructions require additional payment from Customer according to the volume necessary to complete a revision. Writer 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. Assessment

5.4.1. An assessment is completed by the QA Department before the Product is given to a Customer, and after Writer has completed the Order. Further evaluation may be done if there are complaints by Customer. There may also be an assessment if Writer disputes a fine, decline of promotion request, Termination of Account, etc. The communication between Customer and Writer 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 Writer’s Account.

 

6.  Sаnсtіоns 

6.1. If Writer breaches Section 5 or any of its subsections, this may result in penalties, fines and/or Account on Hold, Account Termination. Furthermore, if Writer breaches Section 5 or any of its subsections, Writer may not receive remuneration for a particular Order. Writer accepts that Company has the right to decide and enforce the all penalties and sanctions. All Writers must understand Fines & Bonuses Policy section in their Accounts (Go to: Fines & Bonuses). 
6.2. If any fraudulent activity is detected or recognized in Writer’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 writing, receives a poor grade from Customer’s professor, or is plagiarized. The QA Department will determine the percentage of fine imposed on Writer’s payment for the Order with pending refund request from Customer based on the quality of provided Product and Service. 
6.4. If Writer has been assigned to an Order with a ‘Draft Required’ badge, Writer must submit a first Draft within Draft Deadline after being assigned the Order. Writer 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 Writer for corrections if any.  Writer 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, Writer 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. Writer 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.  Writer must accept the verdict of Company, and after the decision is made, Writer cannot re-appeal it. 

 
7. Wаіver оf Breасh

7.1. A waiver by Company of Writer’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. Writer 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. Writer’s payroll dates are individual and can be reviewed in Writer’s Account, and they have 14-day intervals. 

8.1.3. Writers 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 – Writer will receive a bonus payment for excellent performance every month and for obtaining certain KPI point amounts; 

•    Current Orders Total – total amount of payment for Writer’s pending orders;

•    Waiting for Approval – this is Earnings for orders finished less than 2 weeks ago. 

•    Paid Total – total amount of Earnings Writer receives in total while working for Company;

•    Debt – Amount of payment that Writer owes Company because projects were refunded or reassigned and the balance in Writer’s Account is insufficient for paying the debt to Company;

•    Monthly Bonuses Total – Total amount in bonuses every month Writer receives for Orders.

8.1.4. All rescheduled projects are in the folder called 'Rescheduled Payments' in Writer’s Account. If there is a balance that is not sufficient in Writer’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 Writer payments if Writer 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 may change the date of payrolls if there is an unexpected circumstance or technical issue. If such a situation occurs, Company will notify Writers by email or through Writer’s Account. 

8.1.6. 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: Writer may choose one of the Payment Options used by Company for the processing of funds depending on Writer’s residence, from the following list:

•    PayPal

•    UpWork

After the approval of the registration form, Writer must contact the Billing Department via Messaging System to clarify which of the listed Payment Methods are suitable for receiving Earnings in Writer’s country of origin. 

8.3. Processing of Earnings

8.3.1. To have the Earnings processed, Writer 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 Writer’s sole responsibility to obtain the payment that is transferred.

8.3.2. Writers are responsible for providing accurate details of payment in their Account. If a payment is released to an incorrect account, Writer must contact the representatives of the payment platform he/she chose in regards to the issue that occurred. 

8.3.3. Writers must indicate only their own personal details of payment. It is prohibited to provide Payment Details of other parties.

8.3.4. If Writer 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. Writer 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. Writer is required to pass the probation period consisting of 5 orders before he/she can be promoted to the next Writer Roles. The probation period may be shortened or prolonged on the consideration of HR Department depending on the performance of Writer on the taken Orders (including but not limited to quality of writing, timely submission of final Products, originality).

9.2. Each Writer’s performance while working for Company is closely looked at by the QA/HR Departments. HR Managers and QA Analysts may give warnings to Writers if they are negligent of Customer’s requirements or if they do not meet Company quality standards and break policy. If Writer receives a warning of low performance, this may result in limiting the availability of Orders, Account Termination, or Account On Hold. Writer understands and accepts that Company may, through the HR and QA Department, impose any sanctions it deems appropriate, based off of Writer’s KPI indicator. Company may downgrade Writer 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 Writer.


10. Termіnаtіоn оf the Ассоunt

10.1 These Terms and Conditions can be terminated through the following manner:

•    Resignation;

•    Deactivation; or

•    Termination 

10.1.1. Resigning: Writer may decide to stop working with Company. The Agreement will be terminated by Company after all current Orders assigned  to Writer are completed. Writer’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 Writer is awaiting funds transfer.

10.1.2. Deactivation of Account. After a two month period of no activity (Writer does not log into Account), Writer’s Account shall be deactivated automatically. Writer 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 Writer Role. The Account may have the same status after reactivation depending on the decision of HR Department. Company has a right to decline Writer'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 Writer’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, Writer’s Account is closed once Writer’s pending Orders are submitted, and the remaining Earnings are processed on the last scheduled date of payment.  Company reserves the right to reassign Writer’s current Orders if it considers it plausible.

•    Low/Below-Average Performance: Writer’s Account will be terminated if there are multiple incidents of low performance. ‘Low Performance’ means Writer does not submit projects on time, or Writer submits papers that are of low quality. It is HR’s responsibility to make decisions about Writer’s Account status. The HR Department managers may close Writer’s Account if Writer demonstrates low/below-average performance on multiple occasions. Writer’s access to his/her Account will become limited and will be terminated after Writer’s pending orders are completed. Writer 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 Writer’s Upcoming Payment. The HR Department managers may close Writer’s Account if Writer demonstrates low/below-average performance on multiple occasions. Writer’s access to his/her Account will become limited and will be terminated after Writer’s pending orders are completed. Writer 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 Writer’s Account, sharing them with other Writers (unless the Writer has a Team role), directions related to Orders, personal information of Customers, creation of replicated accounts, posting or uploading finished papers on-line, disclosure of operational processes or any other information which could possibly damage the reputation of Company could lead to Termination of Writer’s Account with no reimbursements made.

•    Violating Agreement: if Writer 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 Writer’s Account immediately without notice to Writer and without liability for damages to be paid to Writer or assign a fine to Writer's Upcoming Payment. If there is a heavy violation on Writer’s part, Writer will not receive his/her Earnings, and it shall be relinquished to Company.


11. Соnfіdentіаlіty 

11.1. Writer 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. Writer 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 Writer or coming into Writer’s possession in any other way, shall be Company’s exclusive property. Writer is prohibited from keeping any copy of the items mentioned above without prior written permission of Company.
11.4. Writer 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. Writer will safeguard the confidentiality of Writer and Company relationship and the confidentiality of services provided.

11.5. Writer is obliged to safeguard his/her login information and is prohibited from sharing it with the third party. 


12. Іndependent Соntrасtоr

12.1. Writer understands the relationship between Writer and Company is for rendering services as an independent contractor, and Writer is not an employee or Agent for Company.  Writer 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.  Writer 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, Writer 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 Writer.
13.2. Safeguard personal information of Writer (personal details and contact information). Company will not divulge this information to any third parties.
13.3. Assess activity of Writers routinely and contemplate the possibility of promotions if there are high indicators of performance.
13.4. Take requests of Writers and consider and contemplate them, and respond to them within a reasonable amount of time.
13.5. Inform Writers about any technical error/defect and fix the issue in nearest possible time.
13.6. Inform Writers 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 Writer.  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 Writer and Company, and approved in this Agreement. Writer and Company agree that this Agreement substitutes any past communication, representation, or agreement (written or verbal), between Writer 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 Writer’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, Writer must pay all costs associated with the suit, and this includes attorney’s fees, regardless of whether suit goes to judgment.

16. Non-Compete
16.1. Writer 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 Writer receives prior written permission from Company to do so.

 

17. Writer’s Acquisition of Client
If Company determines that Writer 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 Writer was assigned to work for Client through Company’s Site/Services, Company will notify Writer of the circumvention. Upon notification of the circumvention, Writer must provide Company with reasonable documentation that Writer and Client were actively working together prior to Writer’s being assigned to Client through Company’s Site, and that Writer and Client did not meet through use of Company’s Site and Services. If Writer does not provide Company with such adequate documentation, Company will charge Writer, and Writer will pay 50% of any compensation received through working with Client after bypassing Company’s Site and Services, and Company may terminate Writer’s Account.

 

18. Indemnification
Without limiting any of your other indemnification obligations contained herein, you agree to hold harmless and indemnify us, and our officers, employees, directors, agents, shareholders, representatives, and third party users against all claims, liabilities, losses, damages, causes of action, or costs (including attorneys’ fees) that arise as a direct or indirect consequences from or out of: (I) your violation of this Agreement, any other agreement/terms of use with us, any representation/warranty contained herein or any applicable law; (II) your behavior connected with obtaining any products or services from us; (III) your User Submitted Materials; or (V) activities related to access or use of your Account by your or any other person.
 
19. Alternative Dispute Resolution
In the event of a dispute between Writer 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. Writer 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 Writer, by immediately posting on the Site. Writer agrees that he/she will be bound by any changes made to this Agreement. Writer should routinely check this Agreement to review for changes.

 

If Writer does not agree with some, any, or all of the provisions of this Agreement, Company obliges Writer to terminate his/her Account immediately and cease using Company’s Site and Services.