Terms and Conditions
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By creating an application, you are acknowledging that you have read and understood these Terms and Conditions. By creating an account, you are also agreeing to be legally bound by this Agreement, which forms the entire agreement between you and Proficientwriters.com
In this document:
“Agreement”, “Terms”, “Our Services” means these Terms and Conditions and all services, applications and products that are accessible through the Site whether provided by us or our Affiliates.
“Writer”, “You”, “User”, “Freelancer” mean and refer to a freelancer and/or any other person registered on the website and agreed to sell completed Products and provide services on a freelance basis under the terms stated in this Agreement.
“Order Payment” - payment sent to Writer for a completed order.
“Probation Period” - This account status is selectively awarded to newly hired writers to test their writing skills on real assignments. Not every account gets this status. When deciding whether or not to put a new account on probation we consider a combination of factors, including: sample paper, motivation letter, previous experience, language proficiency. To pass the probation period writers are required to successfully complete up to 3 orders 1-3 pages long free of charge. If there are any rule violations during probation, the writer's application will be dismissed.
“Investigation” - a process of Dispute resolution, which involves Customer's Bank, Writer, Company, and Payment Provider.
“Company”, “Website”, “Site”, “We” or “Our”, “Proficientwriters.com”, “Proficientwriters” mean and refer to Proficientwriters.com.
“Dispute Manager” - person in charge of Dispute resolution.
“Dispute”, “Disputed Order” - a status of an order when Company receives justified claim from the customer and starts an investigation.
“Fine” - a certain amount of money deducted from Writer's account in case of violation of these Terms.
“Free Revision” means revising or amending the Product in case it does not follow the initial requirements and order instructions.
“Product” - an original essay, paper, and/or other written product that is drafted and delivered to the Customer in accordance with his/her Order.
“Account Termination” - we reserve a right to limit or close Writer's account on the Website due to persistent and/or severe violation of this Agreement; and due to reasons stated in the Account Termination section.
“Order” means a written document of a standard electronic form that is filled and submitted on-line by the Customer to our Website. Order specifies the scope of work and other requirements of the Customer regarding the Product.
2. Subject of the Agreement
This Agreement is concluded to regulate relationships and actions between the Writer, the Customer and the Company. Subject to the conditions set forth herein, Proficientwriters.com may, in its sole discretion, amend this Agreement and the other Terms and Conditions at any time by posting a revised version on the Site.
3. Responsibilities of the Company and the Writer
The Company provides access to the account and control panel and a choice of Orders to the Writer if they are available. Assigning orders to Writers remains at a sole discretion of the Company, thus we can not guarantee that you will be given a certain amount of Orders or any orders at all. Orders are given to writers based on a number of factors, which include but are not limited to: previous writer experience, account rating and status, overall workload and order distribution, customer specifications, number of order applications.
The Company performs payments twice a month via payment methods chosen by Writers. The payment is considered a purchase of services and/or Products from Writer.
The Website is responsible for ensuring effective communication between Writer and Customer, which involves messaging system in the control panel. We serve as an intermediary in communication between you and the Customer and reserve the right to moderate messages or refuse them in case we consider the content is against these Terms.
The Company decides whether to activate or terminate Writer's account based on conditions stated in this Terms. The Company is responsible for resolving disputes that may arise as a result of Order processing.
- Follow the instructions and requirements when working on the Order.
- Meet the Website's standards and requirements to Products as stated in these Terms and Conditions
- Follow the standards of formatting styles (MLA, APA, Chicago/Turabian or Harvard) as stated in the guidelines available in the Account and in the Resources for Writers section of the Website.
- Upload the fully completed Product before the deadline set in the Order, unless other is specified by order instructions.
- Respond to messages and/or calls in a timely manner, which depends on the Order deadline and urgency.
- Upload drafts, outlines, and progress reports on customer's request and if stated in the instructions.
- Revise and amend the content of the Product free of charge in case the final version does not correspond to the initial requirements. Free Revisions do not provide deadline extensions unless otherwise specified. Thus, any lateness occurred as a result of a Free Revision is considered lateness on a general grounds.
- Keep Account and Order information confidential and do not reveal it to the third parties, including all the instructions and attached materials.
- Transfer economic intellectual property rights for all the submitted Products to the Company immediately after a payment affects your account on the Website.
- Ensure professional and polite business communication tone when communicating with Customers or Support.
- Read Order instructions before applying and acknowledge that applying for an order means the Writer understands the instructions and accepts obligation to complete it on time if assigned for it.
Permanent and systematic violation of these obligations and any other Terms and Conditions may result in permanent account termination.
4. Product's Standards and Requirements
All content must follow general requirements highlighted below:
- Content must be original, written from scratch, and include proper citation of borrowed material.
- Plagiarism is not allowed. There is no exception to this. Of course, properly cited material can not be considered plagiarism.
- Writing has to be clear, coherent, well-focused and relevant to the topic, well-organized; appropriate vocabulary, language, and style are important, as well as clear presentation and mechanical accuracy.
- American English language is used by default, unless otherwise stated. Language must be grammatically correct and sometimes innovative or original to express complex and abstract ideas and information.
- Fully correspond to instructions and requirements in the Order. If there is any contradiction, it is a Writer's responsibility to inform Support about it.
Basic formatting guidelines (these are basic and/or minimum requirements active unless otherwise stated in the instructions):
- Standard A4 page, 1” margins on all sides. At least 275 words per 1 page.
- Double-spaced Times New Roman, size 12pt.
- Correspond to the required citation and formatting style, like APA, MLA, Harvard etc, which includes bibliography, work cited, headers, footers, in-text citations, abstract, etc. You can use the guides provided in the Resources. However, Writers are solely responsible for using relevant guidelines and up-to-date information.
Persistent and systematic violation of these Standards and Requirements will result in permanent Account Termination and/or Probation period.
5. Activation of Account
For Us to consider the application, a Writer must pass the registration process fulfilling all steps, and confirm email address. After that, depending on the profile quality, Applicants are given sample essay assignment, language proficiency test, and phone interview call. Some applications may also require ID confirmation and/or education verification. An application is then reviewed and assessed by HR manager within 14 days after the last test has been passed. Depending on the outcome an application is either rejected or accepted.
All accepted applications must first pass the Probation Period. However, in certain cases, when profile quality is high enough, Probation Period can be voided.
The Company reserves the right not to disclose the information and reason of application being rejected.
6. Termination of Account
The Company reserves a right to initiate Account Termination immediately, without further appeals, in the following cases:
- Persistent and systematic violation of Writer's responsibilities from section 3 of this Agreement.
- Severe violation of any of the responsibilities from section 3 and/or rules stated in these Terms, that led to considerable financial damage and/or loss of a client.
- In case We suspect fraud on the account.
The Company reserves a right to initiate Account Termination immediately, whereas you can appeal to get it reinstated, in the following cases:
- In case of unauthorized access.
- In case We suspect duplicate accounts, both accounts can be terminated either temporarily or permanently.
- If account is inactive, meaning there are no finished orders for the last 3 months.
However, we do not guarantee that in any of the cases your appeal will be approved.
The Company can also terminate Writer's account upon request.
The Company can Terminate Writer's account if we suspect that this account is involved in a spread of misleading, untruthful, false, fraudulent or any other information that can otherwise harm Company's reputation.
The Company reserves the right to limit or Terminate Writer's account and forbid website access at its sole discretion, without providing any specific reason for it.
7. Disputes and Fines
Customer has a right to initiate Dispute within 10 business days after the deadline has run out.
- All the disputes are investigated by a Dispute Manager, who is in touch with both parties.
- Dispute Manager provides Writer with detailed reasons for the Dispute and approximate deadline for the resolution.
- Dispute Manager provides supporting information for the claim from the Customer.
If the writer does not agree and the consensus cannot be reached, the paper is sent to an independent professional editor for evaluation. Editor's feedback will serve as a major ground for making a final decision. If the Customer's claim is justified, fines can be applied to Writer, depending on the Dispute's nature.
The Company may hold 100% of Writer's Order Payment for the time of Investigation, which can take up to 75 days to clear. (Note: 75 days is a default deadline of banks in conducting payment investigations, thus it is not our prerogative.)
The Writer must fully cooperate with the Dispute Manager on resolving the case and provide all the necessary information in a timely manner. Writer has a right to send a negotiation request to the Customer and/or Support suggesting his/her vision of the problem and desired outcome to be considered.
The Company reserves a right to cancel the payment for a Disputed order. In such case, cancelled and deducted payment is not considered a Fine. If the order payment has been cancelled, the writer can use authorship of the Product.
To get detailed information about Fines, please, refer to https://www.proficientwriters.com/rules.
The Writer is solely responsible for providing accurate payment information within account. We do not verify the information provided and cannot be held responsible for missed payments, which occurred as a result of invalid payment details.
Order Payment is made after we receive completed Product and Customer approves it. Product must comply with all of the requirements from section 4 of these Terms. In case the Order Payment is $200 and higher the payment will be divided into two equal parts: one half is paid after you upload the final paper, and the other half is awarded after We get a confirmation from the Customer.
All payments are made on per-project basis. The deadlines for submitting withdrawal requests to be processed are 15th and 30th days of every month. All payment requests are processed within 3 business days. The Company reserves the right to change the dates and processing times in case of unforeseen circumstances.
The Writer can change a preferred method of payment before submitting a request. The Company offers PayPal and Wire Transfer as a payment method. The minimum amount required for Wire Transfer is $500. For Write Transfer we only cover the fees of sending bank, and we do not cover receiver and/or beneficiary Bank's' fees.
10. Intellectual Property Rights
Order Information and Materials
Customer gives Writer a limited, non-exclusive, revocable (at any time, at Customer's sole discretion) right to use the Customer Materials as necessary to provide a completed Product under these Terms. Customer reserves all other rights and interest, including, without limitation, all Intellectual Property Rights, in and to the Customer Materials. Writer is not allowed to use Customer's Materials in any other way, except for Order completion. In case of termination of the service, Writer is required to return all the Materials and/or destroy them, as per Customer's request.
Ownership of Product and Intellectual Property
Upon Writer's receipt of full payment from the Company, the Product, including without limitation all Intellectual Property Rights in the Product, will be the sole and exclusive property of the Company, and Company will be deemed to be the author thereof. If Writer has any Intellectual Property Rights to the Product that are not owned by Company upon Writer's receipt of payment from Company, Writer hereby automatically irrevocably assigns to Company all right, title and interest worldwide in and to such Intellectual Property Rights. Except as set forth above, Writer retains no rights to use, and will not challenge the validity of Company's ownership in, such Intellectual Property Rights. Freelancer hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Product. If in case of a Dispute or any other issue Order Payment is deducted from Writer's account, all the Intellectual Property Rights are returned to the Writer.
11. Limitation of Liability
ProficientWriters.com is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms and Conditions, including, but not limited to:
- your use of or your inability to use our Website and Our Services;
- delays or disruptions in our Website and Our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Website and Our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Website and Our Services;
- damage to your hardware device from the use of the Website and Our Services;
- the content, actions, or inactions of third parties' use of the Website and Our Services;
- a suspension or other action taken with respect to your account;
- your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Website; and
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms and Conditions.
ADDITIONALLY, IN NO EVENT WILL PROFICIENTWRITERS.COM, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE LIABILITY OF PROFICIENTWRITERS.COM, OUR AFFILIATES, OUR LICENSORS, AND OUR THIRD-PARTY SERVICE PROVIDERS TO ANY USER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS OF SERVICE WILL NOT EXCEED THE LESSER OF: (A) $500; OR (B) ANY FEES RETAINED BY PROFICIENTWRITERS.COM WITH RESPECT TO SERVICE CONTRACTS ON WHICH USER WAS INVOLVED AS WRITER DURING THE SIX-MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE OTHER TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO TO THAT EXTENT, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You will indemnify, defend, and hold harmless Proficientwriters, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to: (a) use of the Site and the Our Services by you or your agents, including any payment obligations incurred through use of the Our Services; (b) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Writer as an independent contractor; the classification of Proficientwriters as an employer or joint employer of Writer; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents.
YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SITE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PROFICIENTWRITERS MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHER TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROFICIENTWRITERS DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 14 (TERM AND TERMINATION) STATES USER'S SOLE AND EXCLUSIVE REMEDY AGAINST PROFICIENTWRITERS WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
14. Account Term and Termination
The Terms and Conditions, as amended from time to time, will become effective when posted or your first visit to the Site and will remain in effect for the duration of your use of the Website or Our Services. Unless both you and Proficientwriters expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms and Conditions as well, except as otherwise provided herein. You may provide written notice to [email protected]. If the Agreement is terminated, your account will be closed and your right to use the Website will be immediately revoked. However, if you have any pending Orders, Disputes, Revisions, or other open cases, you will be obligated to pay any amounts unpaid as of the date of termination or as of completion of any pending Orders or open cases, whichever is later. The termination of this Agreement for any reason will not release you from any obligations incurred prior to termination date; thus you will be offered an opportunity to fulfill the obligations and close all pending engagements. If you refuse to do so, the Company will keep you obliged to pay any costs incurred as a result of your account termination, including fines, dispute charges, and loss damages.
Without limiting Our rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Website and/or Account, and refuse to provide any or all Our Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms and Conditions; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe that your actions may cause legal liability for you, our Users, or Proficientwriters or our Affiliates; may be contrary to the interests of the Website or the User community; or may involve illicit activity. If your Account is suspended or closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Proficientwriter's prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.
If your Account is terminated for any reason, you will no longer have access to data, messages, files, and other material you keep on the Website. If practicable or required by law, Proficientwriters will retain this information along with all your previous posts and proposals for a period of up to three years from the date of closure. However, you understand that your Account Termination my involve deletion of any information and content stored in it and Company will not be held liable for it in any circumstances.
15. Amendments and Modifications to Terms
Occasionally we may, in our sole discretion, make changes to Our Services, Website and these Terms and Conditions at any time by posting them to this Website. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes. If you do not agree with these Terms and Conditions, please, do not use this Website.