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    1.  Defіnіtіоns 

    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 Creators, 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 the 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 the Content Creator’s Account on the Site. There are 5 Content Creator Roles: (1) Beginner, (2) Pre-Intermediate, (3) Upper-Intermediate, (4) Advanced and (5) Proficiency. 
    1.6. 'Beginner' is a type of the Content Creator Role. It is defined as the Content Creator’s trial period in the Company during which they must complete 7 Orders for further evaluation by the HR Department. Pre-Intermediate, Upper-Intermediate, Advanced, Proficiency Content Creators may be shifted back to Beginner if their performance rating is low.
    1.7. 'Customer' is an individual or entity that uses the Company’s services for a fee. The Customer places orders for the content creating services on the Site, which are to be completed by the Content Creator based on the Customer’s instructions.
    1.8. 'Order' is a request from the Customer through the Site for a particular Product.
    1.9. 'Product' is a final outcome of completing a Customer's Order submitted in an electronic document.
    1.10. 'Support Department' ('Support Team') is the department of the Company that supervises and assists in the process of Order completion and facilitates communication between the Customer and Content Creator. 
    1.11. 'Draft’ is a part of a Product submitted within the time given by the Customer or Support Department. 
    1.12. 'Deadline’ is the end date of submitting a complete Product.
    1.13. 'Draft Deadline’ is the end date for submitting a Draft. 
    1.14. 'Account' is an online record of all completed Products submitted by the 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 the Company). 
    1.15. 'Identity Verification' is the Company’s security procedure of verifying the Content Creator’s identity, credentials, and contact details. If the Content Creator provides invalid information, this shall lead to the termination of the Account.
    1.16. 'Quality Assurance Department' ('QA Department') is the department of the Company that monitors the quality of the Content Creator’s work, preventing any mistakes, errors, or a low-quality Product from being delivered to the Customer. The QA Department guarantees the delivery of a high-quality Product to the Customer.
    1.17. 'Product Quality' means conformity of the Product to the Company’s quality standards and conformity of the Product to the 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 the 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 hereafter in this Agreement.
    1.20. 'Account Termination' is the discontinuance of Content Creator’s services for the Company and the termination of any further collaboration between the Content Creator and Company.
    1.21. 'Account on Hold' means that the Content Creator’s account is temporarily suspended, and they are unable to take Orders on the website. The Account on Hold is an action taken by the HR Department, and it occurs due to different reasons, including — but not limited to — the Content Creator’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 the Company.
    1.22. 'Billing Department' is that department of the Company that supervises the Company’s finances and oversees payment processes.
    1.23. 'Earnings' are the remuneration earned by the Content Creator for completing a Product.
    1.24. 'Upcoming Payment' means pending Earnings, that the Content Creator is entitled to from past Products, that need to be transferred to the Content Creator. 
    1.25. 'Payment Option' is the payment method or platform used to transfer Earnings to the Content Creator.
    1.26. 'Payment Details' are payment information that the Content Creator must provide in order to receive Earnings via the preferable Payment Option.
    1.27. 'Payroll Dates' indicate the dates when the Company transfers the approved Earnings to the Content Creator via the chosen Payment Option.
    1.28. 'Tickets' is the Site’s internal ticket system used by Content Creators to contact Support, QA, Assign, Billing, and HR Departments of the Company to communicate about any work-related issues.
    1.29. 'Activity Status - Available' means that the Support Team can reach the Content Creator via phone, the Ticket System, email, or Skype during the time given for Order completion. The Content Creator must submit contact details through the Account, allowing the Support Team to reach the Content Creator for clarifications/progress reports on the Order(s) assigned to the Content Creator. The Content Creator must maintain valid contact information on the Account (full name, email, phone number, etc.).
    1.30. 'Responsive' means that the Content Creator communicates in a prompt, professional, and timely manner with the Company and Customer during the Order processing. 

    2. Іntelleсtuаl Prоperty Rіghts

    2.1. The Content Creator agrees that the Company is the exclusive owner of all intellectual property, innovations, and developments to any Product or work delivered during the engagement by the Content Creator or created by the Content Creator under this Agreement. The Content Creator hereby agrees to the conditions stipulated by this Agreement.
    2.2. The Company is granted a non-exclusive, transferable, assignable license for all innovations, developments, and intellectual property related to the Products or work completed by the Content Creator after accepting this Agreement and used while performing duties to the Company. The license is for an unlimited time frame and for the use in the Company’s operations as permitted by law. This is a non-exclusive license and can be assigned to whomever Company chooses without the written prior consent of the Content Creator.
    2.3. The Content Creator warrants to the Company that the Content Creator is the exclusive owner and author of the Product to be assigned and delivered to the Company, together with its title; the Content Creator is the owner of all rights related to the Product completion; there has been no publication without reservation of copyright within the 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 the 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 the Company, nor has the Content Creator given any license, right, or privilege with relation to any of the rights given to any person other than the Company; and the Content Creator 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. The 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 the Content Creator from complying with its provisions. The Content Creator will not execute any other agreements that contradict this Agreement. The Content Creator will not attempt to overburden the conditions given by this Agreement or perform any action in the case of which the rights granted to the 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 between the Company and Content Creator) unless the Company and Content Creator agree in writing that such other agreement will override this Agreement.
    2.5. The Content Creator grants the Company the right to register the copyright of the work or Product in the Company’s name (assignee) as the owner of registration of copyright of the literary property in the United States and in any other countries the Company deems feasible, including countries where the copyright has not been acquired. All copyrights are to be obtained solely in the name of the Company (assignee), and the Content Creator agrees to execute any and all documents or instruments in any country that may be needed for registration of the copyright.
    2.6. The Content Creator agrees to indemnify and hold harmless the Company and its assigns against any claim, demand, recovery, liability, or expense that may be imposed toward the Company because of the Product for the following reasons: (1) any infringement or breach of any ownership 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 the Company or its assignees, which are based on assertions of infringement or violation of copyright or illegitimate matter in the Product, the Content Creator has to defend the Company. If the Content Creator fails to discharge this stipulation, the Company may make any required defense, and the costs and attorney fees, along with the amount of any judgment or other recovery, for which the Company is liable, shall be charged to and paid by the Content Creator. The Content Creator shall give notice as promptly as reasonably practicable to the Company of future or pending legal proceedings that the Content Creator becomes aware of, threatened, or commenced against the Company.

    3. Effeсtіvіty оf Аgreement

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

    4. Subjeсt оf the Аgreement 

    This Agreement is entered into force between the Company and Content Creator for providing content creating services and Products for the Company’s Site. Under this Agreement, the Content Creator has the right to render freelance services and Products to Customers under the terms of this Agreement. 

    5. Prоduсt аnd Servісe Requіrements 

    5.1. The Product should conform to the Quality Content Creating Standards, including — but not limited to — the following requirements: 

    •    Layout and organization: uniform reference and format styles, does not exceed the word limit.
    •    Grammar resource: adheres to grammar rules and rules of the sentence structure, adheres to spelling and punctuation rules.
    •    Lexical resource: the arrangement of words, language flow, tautology, and the 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: the Content Creator is prohibited from using previously completed content creations or submitting the content creations via different websites. The Content Creator is also prohibited from using sources such as other blogs, forums, or encyclopedias etc. 

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

    •    the topic of the content creation, details of the order, type of content creating services, attachments, number of pages, number and types of references, formatting, level, any other requirements given by the Customer (the outline, draft, style of language, spacing of lines, etc.).
    •    the Product is submitted by the Deadline.

    5.3. The Product and Content Creator must conform to the Company’s requirements, which include — but are not limited to — the following:
    •    Pending projects must be submitted by the Deadline.
    •    The Content Creator must promptly respond to all messages and notifications and must be Available to speak over the phone. The Content Creator must be Available and Responsive to communicate with Customers or the Company. 
    •    Content Creators working on Pending Orders must check the Account via the website every single day to inform the Support Team about the Order progress to make sure that the completed Order will be submitted by the Deadline. In the case of failure to do so, the Support Team may contact the Content Creator anytime to clarify and define the status of the Order. The Company may reach out to the Content Creator after the working hours if there is an emergency.
    •    The Content Creator is prohibited from disclosing any personal information to the Customer, putting their works on the internet, submitting details or content of an Order to any other website, or sharing contact information of a Customer with any other party. Engaging in any of the aforementioned actions will result in the Termination of the Content Creator’s Account, and the Content Creator will receive no compensation. 
    •    The Content Creator must provide services under a single username with valid and current personal details. The Content Creator is prohibited from creating duplicate or fake accounts, and doing so will result in the immediate termination of the Content Creator’s Account with no Earnings given.
    •    An Order can be reassigned in case the Product and Service Requirements are not met or the Order is not submitted within the Deadline. Upon taking the Order that was reassigned from another content creator, the completion of this Order becomes the full responsibility of the Content Creator. The Content Creator must complete all Reassigned Orders in accordance with the Customer’s request unless the revision instructions are different from the order details. 

    5.3.1. The Company has the right to reassign an Order. The 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. The Content Creator must respect the 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. The Content Creator has the right of filing a reconsideration request to the QA Department.
    5.3.2. In case a revision request is filed by the Customer, the Content Creator must follow all of the comments unless they contradict initial instructions of the Order. New instructions require additional payment from the Customer according to the volume necessary to complete a revision. The 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. Assessment

    5.4.1. An assessment is completed by the QA Department before the Product is given to a Customer and after the Content Creator has completed the Order. Further evaluation may be done if there are complaints from the Customer. There may also be an assessment if the Content Creator disputes a payment alteration, decline of the promotion request, Termination of the Account, etc. The communication between the Customer and Content Creator about an Order and its completion process is monitored by the Support and HR Departments. Any breach of this Agreement shall lead to the payment alteration, profile suspension, or closure of the Content Creator’s Account.

    6.  Sаnсtіоns 

    6.1. If the Content Creator breaches Section 5 or any of its subsections, this may result in payment alterations and/or Account on Hold, Account Termination. Furthermore, if the Content Creator breaches Section 5 or any of its subsections, the Content Creator may not receive remuneration for a particular Order. The Content Creator accepts that the Company has the right to decide and enforce all of the penalties and sanctions. All of the Content Creators must understand the Payment Policy section in their Accounts (Go to: Payment Policy). 
    6.2. If any fraudulent activity is detected or recognized in the Content Creator’s Account, it will immediately be terminated with no remuneration made. 
    6.3. The Customer may request a refund for the following reasons: if the Product is turned in past the Deadline or does not adhere to the Quality Content Creating Standards of the Company or generally accepted terms of content creating, receives bad feedback from the Customer, or is plagiarized. The QA Department will determine the percentage of the payment decrease on the Content Creator’s payment for the Order with the pending refund request from the Customer based on the quality of the provided Product and Service. 
    6.4. If the Content Creator has been assigned to an Order with a ‘Draft Required’ badge, the Content Creator must submit the Draft within the Draft Deadline and it should contain the required number of words/pages after being assigned an Order.  The QA Department will assess the draft, and then send it to the Customer or back to the Content Creator for corrections if any. The Content Creator must continue working on the final Product after the Draft submission unless there are specific instructions from the Customer.  
    6.5. In the case of a dispute, the Content Creator may challenge a sanction imposed on him/her. All challenges to payment alterations should be given at least four days before the date of Payroll. The Content Creator must list why the Company should be reconsidering the sanction or payment decrease when contacting the QA Department via the Ticket System. If these instructions are not followed, the request will not be looked at. Requests for reconsidering payment alterations cannot be replicated or reproduced under any circumstances, or both requests shall be denied or an additional decrease may be applied for spamming. The Company will investigate the matter, and it will take approximately three business days from the time of submission of the dispute to do so. The Content Creator must accept the verdict of the Company, and after the decision is made, the Content Creator cannot re-appeal it. 

    7. Wаіver оf Breасh

    7.1. A waiver by the Company of the 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 the Company are cumulative with any remedy given by law.
    7.2. The Company’s failure to enforce strict performance of the provision of this Agreement is considered a waiver of rights/remedies that the 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. The Content Creator is entitled to Earnings for the submitted Orders that adhere to the provisions of this Agreement. Earnings for completed Orders are determined by two factors. These two factors are the complexity of the Product and Deadline.
    8.1.2. The Company’s payroll system is bi-monthly. Content Creator’s payroll dates are individual and can be reviewed in the Content Creator’s Account, and they have 14-day intervals. 
    8.1.3. Content Creators may go to the folder labeled ‘My Payments’ in their Accounts where they can check pending Earnings and any payment alterations. The Earnings are described in the following ways:  

    •    Upcoming Payment – the payment is scheduled to be on the next payroll;
    •    On Hold – the payment will be on the subsequent payroll because there is an issue with an Order;
    •    Monthly Bonus – the Content Creator will receive a bonus payment for excellent performance every month based on competition results; 
    •    Pending Total – the total amount of the payment for Content Creator’s pending orders;
    •    Waiting for Approval – this is Earnings for orders finished less than 2 weeks ago;
    •    Paid Total – the total amount of Earnings the Content Creator has received while working with the Company;
    •    Monthly Bonuses Total – the total amount in monthly bonuses the Content Creator has received for the competition nominations.

    8.1.4. All on hold projects are in the folder called 'On Hold' in the Content Creator’s Account. If there is an upcoming balance that is not sufficient in the Content Creator’s Account (of a minimum of 50 dollars) or an issue with projects(s), the payment will be rescheduled to the next payroll. The Company may change the schedule of Content Creator payments if the Content Creator is found to have violated policy rule(s) or participated in the 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. The Company cannot release the payment that is less than $10. 
    8.1.6. The Company may change the date of payrolls if there is an unexpected circumstance or technical issue. If such a situation occurs, the Company will notify Content Creators by email or through the Content Creator’s Account. 
    8.1.7. The Company may change the timeframe to approve finished Orders in accordance with the Order length or if there were unique circumstances during the Order process.

    8.2. Payment Platforms: the Content Creator may choose one of the Payment Options used by the Company for the processing of funds depending on the Content Creator’s residence from the following list:

    •    PayPal;
    •    UpWork;
    •    Payoneer.
    After the approval of the registration form, the Content Creator must contact the Billing Department via the Ticket System to clarify which of the listed Payment Methods are suitable for receiving Earnings in the Content Creator’s country of origin. 
    8.3. Processing of Earnings

    8.3.1. To have the Earnings processed, the 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 the Company’s right to stop the payment transfer up to the time the payment processing requirements are achieved. It is the Content Creator’s sole responsibility to obtain the payment that is transferred.
    8.3.2. Content Creators are responsible for providing accurate details of their payment account in their Account. If the payment is released to an incorrect account, the Content Creator must contact the representatives of the payment platform he/she chose in regards to the issue that has occurred. 
    8.3.3. Content Creators must indicate only their own personal details of the payment. It is prohibited to provide Payment Details of other parties.
    8.3.4. If the Content Creator needs to update or change his/her Payment Details, he/she must pass the Identity Verification by the Company. The verification must be completed a minimum of four days prior to the date of the payroll. If this rule is not followed, then the Company has the right to reschedule dates of the payroll for the period deemed appropriate by the representatives of the Billing Department.
    8.3.5. The Content Creator is not allowed to refund the Earnings transferred to his/her Payment Method by the Company. If this rule is breached, the Company is not obliged to resend the funds and has the right to take the appropriate measures (enforce a payment decrease, suspend or terminate the account, or apply any other sanction deemed appropriate by the Company). 

    9. Beginner Level

    9.1. The Content Creator is required to pass the probation period consisting of 7 orders before he/she can be promoted to the next Content Creator Role. The Beginner level may be shortened or prolonged on the consideration of the HR Department depending on the performance of the Content Creator on the taken Orders (including — but not limited to — quality of content creating, timely submission of final Products, originality).
    9.2. Each Content Creator’s performance while working for the 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 the Customer’s requirements or if they do not meet the Company’s quality standards and break policy. If the Content Creator receives a warning of low performance, this may result in limiting the availability of Orders, Account Termination, or Account suspension. The Content Creator understands and accepts that Company may, through the HR and QA Departments, impose any sanctions it deems appropriate, based on the Content Creator’s KPI indicator. The Company may downgrade the Content Creator to the Beginner level for a certain amount of time based on the QA Department and Customers’ feedback. Every case is evaluated independently, and the Company makes its decision based only on the activity records of the Content Creator.

    10. Termіnаtіоn оf the Ассоunt

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

    •    Resignation;
    •    Deactivation; or
    •    Termination.

    10.1.1. Resigning: The Content Creator may decide to stop working with the Company. The Agreement will be terminated by the Company after all current Orders assigned to the Content Creator are completed. The Content Creator’s Earnings will be processed in accordance with applicable Payment provisions discussed in this Agreement, and after that, the Account access will be closed. The Account shall be suspended while the Content Creator is awaiting the transfer of the funds.
    10.1.2. Deactivation of the Account. After a two-month period of no activity (the Content Creator does not log in to the Account), the Content Creator’s Account shall be deactivated automatically. The Content Creator is allowed to contact the HR Department via email or the Ticket System to request reactivation of the Account. He/she may be asked to pass the Identity Verification or may be demoted to the lower Content Creator Role. The Account may have the same status after reactivation depending on the decision of the HR Department. The Company has the right to decline the Content Creator's request to recover the Account after Deactivation.
    10.1.3. Termination of the Account: Account Termination may occur due to the following reasons:

    •    Plagiarizing: Any form of plagiarism may resort to the Termination of the Content Creator’s Account after the evaluation by QA and HR Departments. The Company may issue plagiarism warnings instead of proceeding with dismissal from employment (the number of warnings is considered by the representatives of the HR Department). However, cases of heavy plagiarism result in Termination even though no warnings or penalties were previously issued. In such a case, the 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. The Company reserves the right to reassign Content Creator’s current Orders if it considers it plausible.
    •    Low/Below-Average Performance: The Content Creator’s Account will be terminated if there are multiple incidents of low performance. ‘Low Performance’ means the Content Creator does not submit projects on time, or the Content Creator submits content creations that are of low quality. It is HR’s responsibility to make decisions about the Content Creator’s Account status. The HR Department managers may close the Content Creator’s Account if the Content Creator demonstrates low/below-average performance on multiple occasions. Content Creator’s access to his/her Account will become limited, and the Account will be terminated after Content Creator’s pending orders are completed. The 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 the Company’s HR Department.
    •    Lateness: multiple and consistent cases of negligence (failing to meet Deadlines, requesting reassignment very close to the Deadline, not meeting the Draft Deadline) may lead to payment decrease on the Content Creator’s Upcoming Payment. The HR Department managers may close the Content Creator’s Account if the Content Creator demonstrates low/below-average performance on multiple occasions. Content Creator’s access to his/her Account will become limited, and the Account will be terminated after Content Creator’s pending orders are completed. The 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 the Company’s HR Department.
    •    Disclosing any data or information in relation to the Company, personal contact information, details of the Content Creator’s Account, sharing them with other Content Creators, directions related to Orders, personal information of Customers, creation of replicated accounts, posting or uploading finished content creations online, disclosure of operational processes or any other information which could possibly damage the reputation of the Company can lead to the Termination of the Content Creator’s Account with no reimbursements made.
    •    Violating Agreement: if the 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, the Company may terminate the Content Creator’s Account immediately without any notice to the Content Creator and without liability for damages to be paid to the Content Creator or decrease total payment of the Content Creator's Upcoming Payment. If there is a heavy violation on the Content Creator’s part, the Content Creator will not receive his/her Earnings, and they shall be relinquished to the Company.

    11. Соnfіdentіаlіty 

    11.1. The 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 the Company or in use by the Company and related to business operations. These operations may include business and product processes, accounts, methods, and procedures.
    11.2. The 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 effectivity of this Agreement or afterward unless it is required in the regular course of business with the 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 the Company, whether put together by the Content Creator or coming into the Content Creator’s possession in any other way, shall be the Company’s exclusive property. The Content Creator is prohibited from keeping any copy of the items mentioned above without the prior written permission of the Company.
    11.4. The Content Creator will not divulge his/her work as an independent contractor or any provision of this Agreement to any other parties without the Company’s prior written consent. The Content Creator will safeguard the confidentiality of the Content Creator and Company relationship and the confidentiality of the services provided.
    11.5. The 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. The Content Creator understands that the relationship between the Content Creator and Company is for rendering services as an independent contractor, and the Content Creator is not an employee or agent for the Company. The Content Creator has no power to take on or create any obligation or commitment on behalf of the Company or bind the Company, unless the Company allows it in writing or unless it is specifically mentioned in this Agreement. The 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 the Company, Content Creator, or any of its employees or agents. The Company is not responsible for adhering to any labor laws, rules, statutes, or regulations of the employer-employee relationship.

    13. The Соmpаny оblіges tо:

    13.1. Adhere to the terms of this Agreement relating to the rights of the Content Creator.
    13.2. Safeguard personal information of the Content Creator (personal details and contact information). The Company will not divulge this information to any third parties.
    13.3. Assess the 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 the 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 the Company and Content Creator. No promise, statement, or inducement made by any party or agent of any party that is 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 the Content Creator and Company and approved in this Agreement. The Content Creator and Company agree that this Agreement substitutes any past communication, representation, or agreement (written or verbal) between the 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 the 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 the Company’s principal business is located.
    15.4. Attorney’s Fees – If the Company brings suit for a breach of any portion of the Agreement or a breach in connection with or arising out of this Agreement, the Content Creator must pay all costs associated with the suit, and this includes attorney’s fees, regardless of whether the suit goes to judgment.

    16. Non-Compete

    16.1. The Content Creator agrees that during the term of this Agreement, he/she will not publish or participate in the publishing of any written work that would directly or intentionally harm the Company financially or harm its Products/Services, except if the Content Creator receives the prior written permission from the Company to do so.

    17. Content Creator’s Acquisition of Client

    If the Company determines that the Content Creator has bypassed the Company or its Site by working with a Client assigned through the Company’s Site/Services, and subsequently working for the Client on his/her own within 1 year from the date on which the Content Creator was assigned to work for the Client through the Company’s Site/Services, the Company will notify the Content Creator of the circumvention. Upon notification of the circumvention, the Content Creator must provide the Company with reasonable documentation that the Content Creator and Client were actively working together prior to the Content Creator having been assigned to the Client through the Company’s Site, and that the Content Creator and Client did not meet through the use of the Company’s Site and Services. If the Content Creator does not provide the Company with such adequate documentation, the Company will charge the Content Creator, and the Content Creator will pay 50% of any compensation received through working with the Client after bypassing the Company’s Site and Services, and the Company may terminate the Content Creator’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 consequence 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 the access or use of your Account by you or any other person.

    19. Alternative Dispute Resolution

    In the event of a dispute between the 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. The Content Creator agrees that the Company has the right to select a mediator. The mediation process will be confidential.

    20. Changes to Agreement

    The 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 the Content Creator by immediately posting on the Site. The Content Creator agrees that he/she will be bound by any changes made to this Agreement. The Content Creator should routinely check this Agreement to review for changes.

     

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