Terms Of Service
CLIENT USER TERMS OF SERVICE AGREEMENT
This Client Agreement (“Agreement”) is by and between the company or individual specified during this online registration process (“Client” or “you”) and writerrs.com (“Company”). Client and Company are collectively referred to as the “Parties” or individually as a “Party”.
Company operates and maintains the site as an online portal that provides writing services to those desiring content for their websites or other business purpose, (“Client(s)”). Company assigns jobs to its team of contract writers who write the desired content (the “Content”) (collectively, the “writerrs.com platform”). Client acknowledges and understands that the writerrs.com platform provides Content submitted by independent freelance writers (not Company employees), who write for Company as independent consultants on a work for hire basis.
CLIENT UNDERSTANDS THAT BY CHECKING THE BOX AND CLICKING THE “Become a Member” BUTTON OR USING THE SITE OR THE WRITERRS.COM PLATFORM (INCLUDING, WITHOUT LIMITATION, MAKING ANY REQUEST FOR CONTENT THERETO) YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE WRITERRS.COM PLATFORM. IF YOU AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THIS AGREEMENT, AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT TO THESE TERMS BY OF THE BUSINESS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT BUSINESS.
(a) The writerrs.com platform is available only to legal entities or individuals, who are at least eighteen (18) years old and capable of forming legally binding contracts. Without limiting the foregoing, the writerrs.com platform is not available to temporarily or indefinitely suspended Clients.
(b) Client shall not be eligible to use the writerrs.com platform if Client is: (a) a citizen of or resides in a country in which use of the writerrs.com platform is prohibited by law, decree, regulation, treaty or administrative act; (b) a citizen or resident of, or located in, a country or region that is subject to U.S. sanctions or embargoes, including, without limitation, Cuba, Iran, North Korea, Sudan and Syria; or (c) an entity, an individual or an individual employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations.
- General Obligations.
(a) Company has created the writerrs.com platform as an online marketplace that connects Clients seeking online content with custom content writing services. Company expects a consistent and high level of courtesy, respect and professionalism from all Clients of the writerrs.com platform, and Company reserves the right to expel or suspend you from using the writerrs.com platform at any time, in Company’s sole discretion, and such decision will be final. You agree to use good judgment when providing information, comments, feedback or other content on the site or the writerrs.com platform, including any comments or feedback relating to other content or writers, Company or any other third party. You may be held legally responsible for damages suffered by other clients, content writers, Company or any third party because of legally actionable, defamatory or libelous comments, remarks or other information or content you post to the site or the writerrs.com platform.
(b) Company will not be held legally responsible for any remarks, information or other content you post or make available on the writerrs.com platform or the site. Company is not responsible for and does not monitor or censor content for accuracy or reliability. However, Company reserves the right to remove or restrict access to any content or other information posted or made available on the site or the writerrs.com platform if ordered to do so by a court or if Company considers such information or content to be in violation of this Agreement. Violation of this Agreement may result in suspension or termination.
(c) Without limiting the foregoing, you may not use the site for the purpose of acquiring content which you know, or have reason to know, is defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, company or corporation; or any content that is vulgar, pornographic, obscene, or invasive of another’s privacy; or any content that incorporates materials which are subject to copyright or other intellectual property right and are violative of such right or rights; or any other content which Company deems unacceptable.
(a) Client must register an account (“Account”) to make use of the writerrs.com platform. All information provided by Writer with respect to the Account must be true, accurate and complete. Company reserves the right to verify all information provided by Client with respect to Client’s Account.
(b) All Account identity information must be real and verifiable. Each Account must be used by only one person, and each person can use only one Account. Company reserves the right to validate Client information at any time, including, but not limited to, the verification of one or more official government or legal documents that confirm Client’s identity. Failure to provide identity verification when requested is a violation of this Agreement. Client is solely responsible for ensuring and maintaining the secrecy and security of the Account password. Client agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken using such password. Client will not allow third parties to perform any action or perform any services under Client’s Account.
- Term Termination.The term of this Agreement shall begin on the date you check the box and click the “submit” button and shall continue until such time that this Agreement is terminated by either party. Either party may terminate this Agreement, with or without cause, by providing the other party written notice of termination.
- Requests for Content. Client may request content on the writerrs.com platform at any time, identify the topics and key terms for such Content.
- Approval. Client is responsible for valid approval of work ordered (i.e., writing, copy, design, photography, typesetting, or other services) required for the completion of the work. Approval of work must take place within 3 days of delivery. Client approval of content within 3 days of receiving it can be in the form of a written email, phone conversation, or chat message. After 3 days, if content is not approved by the client, it will be automatically approved by our system. Upon acceptance and approval of the work, client accepts responsibility for any further processes in which this work is used. Writerrs is not responsible for errors occurring in the content once it has been approved either by the client or by our system. Upon Acceptance, Client agrees to be solely responsible for any action or reaction resulting from Client’s publication of the Content. Failure by Client to accept or reject the Content submitted in response to a Request prior to expiration of the Approval Period will be deemed an Acceptance by Client of the Content, and Client’s account will be charged the full payment associated with the accepted Content.
- Copyright. Client owns the copyright in full upon completion of the work. Writerrs does not request publishing rights or resell your content to anyone. Writerrs uses Copyscape premium search on every page to ensure originality and has a zero tolerance policy on plagiarism. Exceptions may include policy, legal or technical terminology and wording that would invalidate a statement if not used in an exact sequence.
- Refund Policy
Refunds are not given. If Client is not satisfied with the content received, Client agrees to inform Writerrs so that it can be revised. If Writerrs is unable to meet Client’s expectations even after revising, account credit may be given on a case-by-case basis. Account credit expires 14 days from being applied. Any request for account credit will not be allowed without a chance for revision. Often, a revision is all that is needed to make the work satisfactory.
- Deposit Policy
No refunds are given for deposits placed on account. Deposits expire within 60 days.
- Order Policies
Abandoned Orders. It is Client’s responsibility to provide sufficient information for the order after it has been placed using the input form provided (unless other arrangements have been made). Any orders without input forms may be canceled after 30 days if Writerrs is unable to reach Client via account comments or email. A credit will be placed on Client’s account. All account credits expire after 14 days.
Changes to Orders. Once an order is started, Writerrs moves quickly to start the order and maintain an efficient, timely process. Changes to any order will not be allowed once the project has been assigned to or started and/or it has been more than 24 hours. This includes (but is not limited to) putting the order on hold, redirection of the content or topic, and supplying additional information.
Cancellation. If a project is cancelled (verbally or in writing) by the Client, no refunds will be given. Partial account credit may be offered depending on how much work or management time has already been put into the project.
Project Refusal. Writerrs reserves the right to refuse any order or project with or without supplying a reason. Types of content we will not write include, but are not limited to, original academic essays for students, content that breaches our moral or ethical standards, content with illegal or malicious intent, content that makes our writers feel uncomfortable.
- Payment Policy
Writerrs requires upfront payment for projects up to a specified dollar amount. For projects above that specified amount, Writers accepts 50% payment upfront, with balance due upon completion. Work will not be started until the order has been placed and payment has processed. For membership accounts, the membership fee must be paid in full before work will be started.
Google DMCA & Withdrawn Payment. Work will commence upon receipt of the payment. If at any time payment is withdrawn (credit card claims, etc), we reserve the right to file a DMCA. Google takes stolen SEO and copyright claims very seriously. Read more about the Google DCMA. Without full payment to Writerrs, the Client is responsible for holding content that does not legally belong to the client.
- Unauthorized Use
Client’s use or publication of any Content prior to Acceptance and payment for services is strictly prohibited. Client shall be liable for any damages resulting from Client’s unauthorized use of any Content prior to Acceptance and payment, including, without limitation, any costs or expenses incurred by Company to prosecute any claims related to Client’s unauthorized use or infringement, including, but not limited to, reasonable attorneys’ fees.
- Access and Use of Writerrs.com Platform
Client is responsible for obtaining and maintaining all equipment and services needed for access to and use of the Writerrs.com Platform and for paying all charges related thereto. Client agrees not to use the Writerrs.com Platform: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (b) to impersonate any person or entity or otherwise misrepresent an affiliation with a person or entity; or (c) to interfere with or disrupt the Writerrs.com platform or servers or networks connected to the Writerrs.com platform.
- Modifications to Agreement.
(a) Company reserves the right in its sole discretion to amend this Agreement without notice to you. Modifications to this Agreement will be posted on the site or made in compliance with any notice requirements set forth in this Agreement. If any modification is not acceptable to you, your only recourse is to cease using the Writerrs.com platform. By continuing to use the Writerrs.com platform after Company has posted any modifications on the site or provided any required notices, you demonstrate your acceptance of and agreement to be bound by the modifications.
(b) Except only as permitted above, no modification or amendment to this Agreement shall be binding upon either Party unless in a written instrument signed by a duly authorized representative of each Party (and, for the purposes of this Section, a written instrument shall expressly exclude electronic communications such as email and electronic notices but shall include facsimiles and electronically transmitted .pdf versions of executed documents).
(a) Website. THE WRITERRS.COM PLATFORM IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WRITERRS.COM PLATFORM IS WITH WRITER. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WRITERRS.COM PLATFORM (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY MAKES NO WARRANTY THAT THE WRITERRS.COM PLATFORM WILL MEET WRITER ‘S REQUIREMENTS OR THAT THE WRITERRS.COM PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WRITERRS.COM PLATFORM WILL BE CORRECTED. COMPANY MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WRITERRS.COM PLATFORM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WRITERRS.COM PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY WRITER THROUGH THE WRITERRS.COM PLATFORM OR FROM COMPANY, ITS PARENTS, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE COMPANY PARTIES”) SHALL CREATE ANY WARRANTY.
(b) Content. THE CONTENT IS PROVIDED “AS IS” AND COMPANY HAS NOT REVIEWED THE CONTENT. COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OR WARRANTY THAT THE CONTENT DOES NOT INFRINGE THE COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS, OR ANY OTHER LEGAL OR MORAL RIGHT OF ANY THIRD PARTY; THAT THE CONTENT IS ACCURATE, AND NOT FALSE OR MISLEADING; THAT THE CONTENT IS NOT DEFAMATORY, LIBELOUS, HATEFUL, RACIALLY, ETHNICALLY, RELIGIOUSLY, OR OTHERWISE BIASED OR OFFENSIVE, UNLAWFULLY THREATENING, OR UNLAWFULLY HARASSING TO ANY INDIVIDUAL, PARTNERSHIP, COMPANY OR CORPORATION; THAT THE CONTENT IS NOT VULGAR, PORNOGRAPHIC, OBSCENE, OR INVASIVE OF ANOTHER’S PRIVACY; THAT THE CONTENT DOES NOT INCORPORATE MATERIALS FROM ANOTHER WEBSITE. FURTHER, COMPANY DOES NOT REPRESENT OR WARRANT THAT THE CONTENT IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
- Limitation of Liability. IN NO EVENT WILL ANY OF THE COMPANY PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WRITERRS.COM PLATFORM (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WRITERRS.COM PLATFORM), OR USE OF THE CONTENT, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF COMPANY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
- Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company’ liability shall be the minimum permitted under such applicable law.
Client shall indemnify, defend and hold harmless Company from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to (a) any claim, judgment, or adjudication that any Content displayed or otherwise used by Client that infringes the intellectual property or other rights of any third party or is defamatory or libelous, (b) Client’s use of the writerrs.com platform or the site, or (c) Client’s performance under this Agreement.
- Waiver of Breach
The waiver by Company of a breach of any provision of this Agreement by Client shall not operate or be construed as a waiver of any subsequent breach by Client.
You consent to the use of (a) electronic means to complete this Agreement and to deliver any notices pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of the writerrs.com Platform. Notices hereunder shall be invalid unless made in writing and given (x) by Company via email (in each case to the address that you provide), (y) a posting on the site or (z) by you via the firstname.lastname@example.org or to such other addresses as Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Company may assign its rights, interests, and obligations in this Agreement at any time. The rights and obligations under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of Company.
- Governing Law
This Agreement and the provisions thereof shall be construed according to the laws of the State of California, without giving effect to conflict of law principles and excluding the United Nations Conventions on Contracts for the International Sale of Goods (CISG).
The terms of this Agreement are severable. If a clause herein is declared illegal or unenforceable by a court or body of competent jurisdiction, the remainder of the Agreement shall not thereby fail or be rendered void, but shall continue in full force and effect, with only the illegal or unenforceable provision rendered null and void and severed from this Agreement.
- Entire Agreement
This Agreement contains the entire Agreement of the Parties with respect to the matters contained herein.
- No Third-Party Beneficiary Rights
This Agreement shall: (a) create rights and obligations only between Company and Client; and (b) not create any rights for any other parties. For the avoidance of doubt, without any limitation, no other person, including, without limitation a writer of Content, shall be entitled to enforce the terms of this Agreement.
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