| Custom Writing Writer Agreement
This document is a legal
agreement between you, the “Writer” (as defined below) and
The OpportunityLink Company (“WritingHub”), a California
Company with corporate offices in Moraga, California. These
Writer’s Terms and Conditions (“Agreement”) sets forth the
provisions under which the Writer may use the website for
the purpose of responding to solicitations for Writing
Services.
DEFINITIONS
- Site(s):
www.WritingHub.com
- WritingHub:
OpportunnityLink Company is the owner of WritingHub and
of these sites
- Bid Requests: Users of
the site desiring to purchase client writing solutions
via a reverse auction make bid requests on the site to
solicit bids from Writers.
- Bids: Writers place bids
on bid requests, in attempts to solicit business.
- Client: Person(s) or
company(ies) placing one or more Bid Requests.
- Writer: Person(s) or
company(ies) placing one or more Bids.
- Writer: Another name for
a Seller.
- Client: Another name for
Buyer.
1. TERM
The initial term of this
Agreement shall be a period of one (1) year from the
Effective Date. Thereafter, the Agreement shall
automatically renew for subsequent one (1) year terms. At
any time, either party may terminate this agreement, with or
without cause, upon thirty (30) days prior written notice.
WritingHub reserves the right to immediately terminate any
Writer who commits fraud, slander, a denial-of-service
attack, or commits any other action which it deems
inappropriate. Neither party has made any commitments
regarding the duration or renewal of this Agreement beyond
those stated herein.
Writer agrees to post bids for the entire
project. Hourly bids are not allowed. As this site is
intended for commercial purposes only...offering free
services, or redirecting a Client to a site other than WritingHub to fulfill their needs is prohibited. Posting
contact information including but not limited to phone #s,
email addresses, Internet URL's, Yahoo Messenger Ids, ICQ
ids, on bids or an author's profile is strictly prohibited.
Violators of any of these terms can have all of their
WritingHub accounts terminated, at the discretion of
WritingHub.
Writer has read, understands and agrees to abide by all the
terms under "Terms and Conditions" (which deal with general
site usage and other such issues) and is located at: http://www.WritingHub.com/terms.php.
Additionally, Writer has also read, understands and
agrees to the Copyright Violation Polices and Procedures
policies located at:
http://www.WritingHub.com/policycopyrightviolation.php
.
Copyright Negotiations. Client and Writer may agree
to the transfer of intellectual property rights by
negotiating and/or documenting the terms in the 'complete
bid request' on the site (see later definition). Both
parties agree to bind themselves to such an agreement and
the local and International laws that may apply. Both
parties also acknowledge that the agreement is exclusively
between themselves and the other party and does not involve
WritingHub. While WritingHub reserves the right to take
action against a party that breeches a copyright agreement
under the rules against 'fraud', both parties fully
indemnify WritingHub of all responsibility and repercussions
of a breech by the opposite party.
Additional Copyright Indemnification of Work Produced for
Client Writer warrants and represents that all work
produced for the Client (including but not limited to
writing,
algorithms, ideas and/or any other item used to create their
deliverables to the Client) are original works of authorship
created by Writer and that the works do not violate any
rights, including but not limited to copyright rights, of any
non-consenting third party. Writer agrees to properly
declare, explain and receive acceptance from the Client via
the site, of any "Third Party Writing" per the following
section.
Third Party Writing. If the Writer wishes to use 3rd
party items then the Writer agrees
to first confer with the Client and:
- Explain which items in
the bid request the Writer wishes to use 3rd party items
for, and which 3rd party items would be involved. This
must be documented on the site via the site bidding
system.
- Explain to the Client
the cost, copyright, distribution and licensing issues
concerned with the use of such items. If the
Writer is unclear on any of
the above issues, they can optional post the official
documentation regarding the issue(s) in question
directly from the 3rd party writing license or other
official documentation. This allows the Client to make
their own determination. Either way, this explanation
must be documented on the site via the site bidding
system.
- Have the Client confirm
agreement, to the use of any 3rd party items which the
two parties agree to. This must be documented on the
site via the site bidding system.
Should arbitration occur
and the Writer not follow these rules, WritingHub may
immediately arbitrate in favor of the Client, as well as
consider punitive actions against the Writer.
Status Reports. To keep the Client appraised of
progress on longer term projects (where the total amount of
the bid request is equal to or greater than $150), the
Writer is responsible for filing a weekly status report via
the WritingHub.com site, on every Friday while work is
being done. Should the Writer neglect to file one or more
reports on time, or not file them on WritingHub, the Client
and/or WritingHub may choose to cancel the bid request,
resulting in the Writer not being paid for the work.
Additionally, WritingHub may apply any Writer rating
penalties it deems appropriate.
The Client may choose to waive the status report requirement
on a particular bid request from the bid request page.
Should the Client waive the status report requirement for
the bid request, then the Writer is no longer responsible
for filing it.
Delivery Deadlines. The Client may set a deadline
for delivery of the deliverables in some portion of the
'Entire Bid Request' (see below for the definition of this
term). The Writer agrees to deliver 100% of agreed upon
deliverables to the site on or before the delivery deadline.
If the Client uses the formal "due in # of days" field of
the bid request to specify this deadline, then the delivery
date is posted on the bid request itself. By bidding, the
Writer agrees to this due date. The due date is calculated
as the # of days (24 hour periods) from the time work
begins. Work is defined as having "begun" after all funds
are completed escrowed and all security verifications have
been completed.
Client and Writer may also use the bidding/comment feature
of the site to negotiate a delivery deadline. If so, then
the deadline must be mutually agreed upon by both Client and
Writer. Both parties are highly advised to be clear and
explicit when setting a deadline in this manner. If there
is a dispute over anything regarding the deadline,
WritingHub (at it's sole discretion) will be the final
determiner of any disputed meaning (per the rules of
arbitration stated below).
Extending Deadlines. Managing the deadline is the
Writer's responsibility. If the Writer cannot deliver 100%
of agreed upon deliverables by the deadline but feels that
the Client may be lenient and allow the deadline to be
extended, then it is the Writer's responsibility to inform
the Client as soon as possible, negotiate the change and
receive the Client's acceptance on-site...somewhere in the
'Entire Bid Request'. If the Writer is unable or
unsuccessful in doing so, then the original deadline stands.
- Partially or completely withholding payments to the
Writer on later bid requests (or on additional accounts
created by the Writer) until the entire amount has been
restituted.
- Obtain payment from Writer directly. If requested to
do this by WritingHub, Writer agrees to promptly send
full payment within 15 business days of the request.
Additionally, WritingHub reserves the right to immediately
close any account found guilty of fraud (as well as any
additional accounts created by the Writer)Cancellation Charge
Holdback. Per the rules of arbitration, Writer is
responsible for Client's cancellation fee if they lose an
arbitration, are determined to be 'at-fault', and have
sufficient funds to cover some or part of the charge. An
unscrupulous Writer who knows they will lose an upcoming
arbitration, may attempt to empty the funds from their
account prior to the arbitration resolution, to avoid having
to pay the cancellation fee. To prevent this from occurring,
WritingHub may hold back from any payment to the Writer,
sufficient funds to cover possible cancellation charges from
any and all non-resolved arbitrations that the Writer is
involved in. Should the Writer be found not responsible for
the cancellation fee, WritingHub will release the held funds
and they will be paid out during the next site payment
period that the Writer has chosen to participate in via
their account settings.
Account Transfer. Ratings and comments may be given
by Clients specifically to the Writer. If so, other Clients
may use this information to determine whether or not to use
the Writer on a project. To prevent unqualified Writers from
"purchasing" ratings, the Writer agrees that they will not
sell or transfer ownership of their account to another party
without the express consent of WritingHub.
Inappropriate Behavior. Should the Writer demonstrate
poor or inappropriate behavior (to be determined at the sole
discretion of WritingHub), WritingHub reserves the
right to publicly document such behavior via a rating and
comment in the Writer's profile. Such behavior includes (but
is not limited to) losing an arbitration, refusing to
cooperate with an arbitration, and sending abusive
communications to the other party or to WritingHub staff.
Outside Contact. As WritingHub provides its service in return for a WritingHub.com
Fee, the Writer agrees not to contact any Client outside of
the site (by email, phone, etc.) before the Client's money is
escrowed. Doing so can result in immediate account
termination and expulsion, at the discretion of WritingHub.
In the event that WritingHub procures, or is
the procuring cause of, a solution for Client’s Bid Request,
and Client and Writer do not use the WritingHub website or
services to transact their business and/or use other means
to transact their business, Writer shall be considered
guilty of 'fraud'. The Writer shall also be considered
guilty of fraud should they find a Client in an 'open
auction' and attempt to cheat WritingHub out of the 'open
auction' fee by redirecting the Client to repost the auction
as a cheaper auction such a 'one-on-one', even though the
Client made full use of the open auction. In either case the
Writer shall pay WritingHub a penalty fee in the amount of
twenty-five percent (25%) of the amount paid to Writer. Such
fees may be deducted from the Writer's outstanding credits
on the site, at WritingHub's option. WritingHub reserves the
right to terminate any Writer who circumvents the site in
this manner.
WritingHub does not enforce Side Agreements and/or NDAs. Some Clients and Writers may enter into additional
agreements not covered by the site escrowing agreement,
including "special agreements" (ex: "Writer must deliver by
x/xx/200x or they will owe Client $1 for every day late"),
or a Non Disclosure Agreement (NDA). Both Client and Writer
understand and acknowledge that these agreements are made
directly between the Client and the Writer and do not
involve WritingHub, WritingHub.com or any of its subsidiaries
or other legal entities. As such, WritingHub.com and
WritingHub are not and will not be liable in any way
whatsoever regarding such agreements, including enforcing
such agreements.
Use of English. Writer agrees to use English in all
communications on the site to allow WritingHub to properly
arbitrate in the case of a dispute. Should the Writer
violate this and WritingHub determines it cannot deliver a
fair arbitration, the Writer will forfeit arbitration.
Illegal Projects. Writer agrees not to work on any
projects for Clients that are illegal in nature, including
but not limited to violations of the Digital Millennium
Copyright Act (DMCA). If Writer learns that any portion of
the work it is being asked to deliver is illegal in nature,
then the Writer agrees to alert WritingHub immediately and
cease work until instructed upon what to do next by
WritingHub. WritingHub refuses to support illegal projects,
so Writers who do not report such activity and are
discovered by WritingHub to have done so will forfeit those
funds, per the rules on 'fraud'. Additionally, they may be
banned from the site as well.
Limitation on
waiver of arbitration rights. Both Client and Writer
agree that any terms negotiated with another party that
would cause either party to waive any or all of their rights
in arbitration is NOT legal binding and is COMPLETELY NULL
and VOID, without the express written consent of WritingHub.
This includes Writers stipulating that the deliverables be
accepted "As is" or "Site unseen", or Clients stipulating
that their final approval of the work will override what the
arbitrator determines in testing. WritingHub may consider
attempting to negotiate such terms grounds for account
censure or termination under "fraud".
4. WritingHub RULES OF ARBITRATION
These rules of arbitration exist to ensure a fair and
safe environment for the buying and selling of computer
software and related systems. Should a dispute arise over
the completion of a project, the allocation of escrowed
funds, or any other issue, both Client, Writer and
WritingHub agree to the following rules:
1) About Mediation / Arbitration:
Should the Client and Writer not be able to come to
agreement on acceptance, (including but not limited to
whether deliverables have been met and bid acceptance
should occur), both parties agree to designate
WritingHub as sole mediator and arbitrator (two distinct
roles). WritingHub agrees to mediate and arbitrate
fairly and impartially according to the rules in this
section, as they apply. Client and Writer agree that
WritingHub's decision is final and binding to them and
hereby waive any other further legal challenges or
remedies including but not limited to civil or criminal
litigation against the other party or WritingHub.
2) Mediation:
Before arbitrating, WritingHub may attempt to first
mediate a mutually acceptable compromise solution
between both parties if it determines the option is a
viable one. A mediated compromise can provide a quick
and easy way for both parties to obtain a successful
outcome, without the time and energy required by a
full-blown arbitration. Both Client and Writer
understand and acknowledge that they are NOT required to
accept any mediation proposals. WritingHub acknowledges
that the refusal of any party to accept a mediation
proposal will not affect its standing in the subsequent
arbitration.
If a mediation successfully occurs in which the original
contract is either reduced or cancelled, WritingHub will
document what occurred by placing a rating on one or both
parties' records, as detailed below under "WritingHub
Ratings".
Should either party not agree to a mediation compromise,
or should WritingHub (at it's sole discretion) determine
that the option is not a viable one, the process moves
on to arbitration.
3) Arbitration:
Whereas mediation is like a diplomatic negotiation
between two countries, arbitration is like a court
trial. Much like a trial case, each party's side is
weighed and often evidence needs to be gathered to
determine the prevailing party.
Arbitration of the bid request is based solely on
whether or not the Writer met the conditions specified
in the Client's 'Entire Bid Request' (unless either
Client or Writer prematurely forfeits by the other rules
of arbitration detailed below). The 'Entire Bid
Request' is defined as:
- The original bid request posting on the site
(which includes but is not limited to the
description, attachment and deliverables)
- The subsequent clarifications and/or changes
made in bids/comments from both sides in the site
bidding/comment system.
Both Client and Writer agree that any
discussions conducted outside of the site (including
email, off-site chat and oral conversations over the
phone) are NOT considered part of the 'Entire Bid
Request' and WILL NOT be taken into account.
WritingHub has found that due to poor wording or
lack of attention to detail, that sometimes portions of
the 'Entire Bid Request' contradict other portions or
are unclear. In the event that either Client or Writer
disputes with the other party any portion of the 'Entire
Bid Request' (including but not limited to disputes over
an alleged contradiction, interpretation, or
applicability) WritingHub will be the final determiner
of the best method of resolving the issue. It will make
this determination using the most impartial method that
it can, in good faith, formulate.
Despite repeated warnings to both Client and Writer
to the contrary, occasionally WritingHub finds that both
parties have neglected to use the site to detail key
items of the 'Entire Bid Request', withholding the
information necessary to make what WritingHub feels is a
"just" arbitration decision. This can happen due to a
deliberate manipulation by one party and/or due to
genuine ignorance of the consequences of such behavior
by one or both parties. Should WritingHub determine this
to be the case, it may extend the definition of the
'Entire Bid Request' to include items not normally
covered (such as 3rd party chat logs). However, neither
Client nor Writer may demand such an extension nor
possess the "right" to such an extension. Instead
Clients and Writers agree to properly document the
'Entire Bid Request' on the site as WritingHub warns,
and not expect, or count on an extension to occur in any
arbitration. Site users who repeatedly do not use the
site to document the 'Entire Bid Request' may be ejected
from the site.
4) 'Quick Resolution' Arbitrations
If a Writer does not upload completed deliverables to
the site by the delivery deadline posted by the Client,
then the Writer will be found in forfeit of the
arbitration. However, to prevent an unscrupulous Client
from unfairly manipulating a Writer to obtain free
work...should WritingHub discover evidence that it feels
indicates that the Client continued to work with the
Writer after the deadline, then the deadline may be
deemed "Implicitly Extended" by the Client's
actions. nullifying the previous deadline and the above
mentioned forfeiture.
If the time zone for a deadline is ambiguous, then Client
and Writer authorize WritingHub to determine the time
zone to be enforced, using whatever method it deems (in
it's sole opinion) to be appropriate.
If the Writer has already agreed to provide status
reports prior to the arbitration and did not fulfill
that agreement, then they also be found in forfeit of
the arbitration. However, to prevent an unscrupulous
Client from unfairly manipulating a Writer to obtain free
work...should WritingHub discover evidence that it feels
indicates that the Client continued to work with the
Writer after the status report requirement was not met,
then the Client will be considered to have waived their
rights to cancel on that particular missed stats
report. nullifying the previous deadline and the above
mentioned forfeiture. Note: status reports are NEVER
required of the Writer while arbitration is in process.
5) 'Insufficient Progress' Arbitration
If the Client charges that the Writer is not making
sufficient progress on a bid request, the Writer must
supply specific demonstrable proof to the contrary. If
WritingHub determines that demonstratable proof of
progress has not been supplied, the Writer will be found
in forfeiture of arbitration. WritingHub may not only
cancel the Writer's bid but also assign the Writer's
other open bid requests to another, more responsible
Writer.
6) 'Deliverable Dispute' Arbitration
The typical arbitration case involves a disagreement on
what was delivered. The Client typically claims that
they did not receive 100% of the 'Entire Bid Request'
and the Writer typically claims that they did provide
this to the Client.
The only way to
determine who is being truthful and who isn't, is to
test the deliverables. When this occurs, an WritingHub
tester will perform "flaw list verification" where they
compare the Client's list of problems (the "flaw list")
to the actual application/deliverables. Should one or
more flaw list items be verified, then the Client wins
arbitration. Should no items be verified then the
Writer
wins arbitration. The process works as follows:
1) "The Flaw List":
First WritingHub will request a detailed flaw list
from the Client detailing exactly what the Client
contends was not delivered, and (if appropriate)
instructions on how to duplicate the alleged
behavior. Client agrees to provide the above when
requested by WritingHub, so that WritingHub can
confirm or deny whether the original bid request
requirements were met or not. Should the Client not
provide the flaw list then they will be found in
default of arbitration. Note that all flaw list
items will be screened per the "Flaw List
Exceptions" rule below.
An unscrupulous Client who knows that they will lose
arbitration, might be tempted to unfairly delay the
inevitable payment to the Writer, by delivering flaw
lists in 'piece-meal' fashion. To prevent this, the
Client agrees that any flaw list they present is the
full, complete and final flaw list.
Occasionally, the arbitrator may add items to the
initial flaw list that they feel are pertinent, and
these may even be items suggested by one of the
involved parties. However, both Client and Writer
agree that only the arbitrator may do this, and that
no other party may.
2) "Flaw List Exceptions": Certain types of flaw
list items will not be tested and must be removed
from the flaw list.
7) Forfeiting Arbitration by not responding
Client agrees to be prompt in corresponding with Writer
and WritingHub, including final acceptance of 'Work
Complete'. Should a Client not respond to WritingHub
arbitration communication in 3 days, they will forfeit
arbitration (at WritingHub's sole discretion). Should a
Client respond in 3 days but (in WritingHub's sole
determination) attempt to stall the arbitration by
inadequately addressing one or more issues, then they
may also be ruled in forfeit of the arbitration (at
WritingHub's sole discretion). Should a Client not fully
comply with WritingHub requests to either certify Work
Complete or produce a flaw list within 5 business days,
they will forfeit the arbitration at WritingHub's
discretion. If WritingHub determines a forfeit has
occurred then the escrowed funds will be awarded to the
Writer.
Writer agrees to be prompt in corresponding with Client
and WritingHub. Should a Writer not respond to
WritingHub arbitration communication in 3 days, they
will forfeit arbitration (at WritingHub's sole
discretion). Should a Writer respond in 3 days but (in
WritingHub's sole determination) attempt to stall the
arbitration by inadequately addressing one or more
issues, then they may also be ruled in forfeit of the
arbitration (at WritingHub's sole discretion). Should a
Writer not complete status reports prior to the
beginning of the current arbitration then they will
forfeit arbitration at WritingHub's discretion. If
WritingHub determines a forfeit has occurred, then in
addition to the Writer's bid being cancelled, all of the
Writer's other bids which have been selected by Clients
may be assigned to another (presumably more responsible)
Writer. This may be done with or without notice to the
original Writer.
8) When the Client Wins
Arbitration:
If the Client wins arbitration, they may, at their
option, apply the entire escrowed amount to a new Writer
at no charge. WritingHub.com will offer the Client
options (if available) of switching to other Writers on
the original bid, opening a new bid request to get new
Writer bids, or otherwise offering to connect the Client
with Writers for the purpose of completing the project.
The Client also has the option to cancel the bid request
and request a refund of escrow funds. To compensate
WritingHub for the costs in this process, all refunds of
this nature are subject to a cancellation fee for the
Client, as detailed under "Cancellation fee" elsewhere
in this contract. However, to compensate the Client when
cancellation is not their fault...should the Writer be
determined by WritingHub to be "at fault" for the
cancellation, then funds in the Writer's account (if
available) or a Writer Deposit (if available) will be
used by WritingHub to lessen or completely eliminate
this charge.
If the Client is awarded back
100% of their escrowed funds on a project, then they
agree that the deliverables created by the Writer may NOT
be kept by the Client. Client agrees to relinquish
possession by promptly and completely destroying all
deliverables and copies of deliverables in their
possession.
9) One Party Rating the Other Party:
To prevent 'retaliatory ratings', the losing party in an
arbitration forfeits the right to rate the other party.
WritingHub reserves the right to suspend rating rights
on either party and/or to remove/edit ratings that it
judges to be either retalitory in nature or involving a
"trade" of favorable ratings to avoid a deserved bad
rating.
10) WritingHub Ratings:
WritingHub reserves the right to rate any party at any
time, as detailed previously.
However mediations and arbitration situations receive
special scrutiny from WritingHub because they often
tempt one party to "trade" a deserved bad rating in
return for performing a concession for the other party.
This practice is unfair to future Clients and Writers who
rely on the ratings to make decisions and taints the
overall integrity of the rating system.
To prevent this, both parties agree to cooperate fully
and completely with WritingHub's investigations as to
why a cancellation or reduction in payment has occurred.
WritingHub (at it's sole discretion) will determine who
is "at fault" and will then apply it's own rating as
follows:
- When one party is found at fault
The at fault party receives a negative rating (3 or
less) with a comment detailing what occurred and
the arbitration is recorded as a 'lost' arbitration
on their record.
- When two parties are found at fault.
Both parties will receive a negative rating (3 or
less) with an comment detailing what occurred and
the arbitration is recorded as a 'lost' arbitration
on their record.
- When WritingHub can't determine who is at fault
There are times when it is not possible (or
economically practical) to determine conclusively
which party is at fault and which isn't. In these
cases, both parties will receive a neutral rating
with a comment detailing each party's unverifiable
position. The arbitration is recorded as 'neutral'
arbitration on both party's records.
- When WritingHub determines that neither party is
at fault
Both parties will receive a neutral rating with a
comment detailing why the result was neither party
"at fault". The arbitration is recorded as
'neutral' arbitration on both party's records.
11) Writer cancellation grace period:
There are some legitimate reasons why a Writer may place
a bid, but then at the time of escrowing, find they
cannot take on the work. Some examples include simply
winning more bids than anticipated, or due to a change
in scope by the Client. If a Writer promptly notifies
both WritingHub and the Client within 24 hours of the
funds being escrowed that a legitimate reason is causing
them not to complete the bid request, then WritingHub
will grant them a neutral rating, rather than a bad
rating. A comment on the Writer's record detailing that
the work was not started will still be left, to fully
document what occurred. Should WritingHub (at it's sole
discretion) determine that the reason does not appear to
be legitimate (including but not limited to 'I just
don't feel like doing the work'), it can revoke this
privilege.
12) Harassment:
If either party threatens or harasses the other party
or WritingHub, attempts to manipulate or unduly
influence the arbitration process, or breaks any rules
in the Client or Writer agreement or in the site terms
and conditions, then WritingHub may choose to
automatically rule in favor of the opposite party.
13) Unfair contact via phone:
WritingHub arbitrators must maintain their objectivity
to produce a fair judgment. This cannot be maintained
when a party initiates one or more phone calls to
attempt to influence or pester the arbitrator into
deciding in their favor. To prevent this, both parties
agree to communicate exclusively via the site and not by
phone. WritingHub arbitrators can communicate by phone
to explain the rules, clarify statements that they made
(if they were unclear to a party), or explain how to
post to arbitration. But the actual arbitration itself
cannot be discussed on a phone call initiated by either
party.
6. WRITING DEPOSIT GUARANTEE AND AGREEMENT.
Writer's Obligations
In order to better secure a project, the Writer may
elect to pledge a 'Writer Deposit' as part of a 'Writer
Deposit Guarantee'. The 'Writer Deposit' is a good-faith
deposit of funds that is made to both:
- Set the Writer above other competing Writers in the
bidding by demonstrating a commitment and confidence to
the Client that is above that of the average Writer.
- Prove and guarantee that the Writer is sincere about
completing the project.
Since Writer may place bids on many different bid
requests at one time without knowing how many will be
accepted, they will be given an opportunity after being
selected by the Client to continue with or cancel the
transaction. If the Writer chooses to continue (within 3
business days), then the 'Writer Deposit' can be made via a
transfer of funds from the Writer's credit account, or via
any of the other normal payment methods accepted by
WritingHub. (If the Writer does not respond in 3 business
days, they will be considered in default and the bid request
acceptance will be cancelled, which may result in an
unfavorable rating placed on the Writer's record.) The funds
are held by WritingHub until the project is completed, or an
arbitration results in cancellation of the project.
If the project is completed (as demonstrated by the
customer accepting the work via the site), the good-faith
deposit is returned to the Writer in its entirety. If the
project is not completed, then the good-faith deposit will
be forfeited by the Writer (wholly or partially) under the
following terms:
- If no work is accepted than the entire deposit is
forfeited
- If only a partial percentage of work is accepted
then the corresponding pro-rated percentage of the
deposit is returned to the Writer and the remainder is
forfeited
If the Client and Writer cannot come to agreement as
to whether or not the work was partially or wholly
completed, either party can ask that the project be placed
into arbitration by a
WritingHub arbitrator, who will determine exactly what
was completed. Both Client and Writer agree to abide by the
decision of the WritingHub arbitrator as final and
binding.
Forfeited Deposits
To prevent an unscrupulous Client from trying to abuse
the Writer Deposit Guarantee to unfairly profit from Writers,
the forfeited deposit will not be given to the Client.
Instead it goes to:
- Offsetting the Client's cancellation charge (if
any). See the
Client Legal Agreement for information on when a
cancellation charge might apply.
- 100% of the remainder is donated to a non-profit
charitable organization, the choice of which may change
to ensure equal distribution to different charities in
need.
WritingHub's Obligations
WritingHub will exercise the same care and diligence
with escrowed Writer Deposits as it exercises with Client
Deposits, and will honor all of the obligations detailed in
the Custom Software Client Agreement under the subparagraph
of
WritingHub's Escrow Obligations (with the Writer
assuming the rights of the 'Client' in that subparagraph).
Bad Deposits
Should Writers's method of payment later be found to be
invalid (i.e. including but not limited to the use of a
fraudulent or invalid credit card, Paypal account, or
bounced check), the Writer may, at WritingHub's option, have
their account garnished for the outstanding amount.
Additionally WritingHub may impose other penalties
including, but not limited to, the closing of the Writer's
account. WritingHub warns Writer that it intends to
prosecute all fraudulent purchases to the fullest extent of
the law.
Refund Policy
(Mastercard and VISA regulations dictate that WritingHub
enumerate the refund policy for credit card payments.
However, please note that the refund policy applies to both
credit card and non credit card deposits.) Since they are
held as collataral, 'Writer deposits' are NOT refundable upon
demand. However, they can of course be returned to the
Writer under any of the circumstances agreed to elsewhere in
this contract.
Misc
Should a Client select the Writer as the winner on a Writer
Deposit auction, the Writer will have 3 business days to
accept or reject the Client's offer via the WritingHub
website. If the Writer does not accept or reject the offer
within 3 business days, the Writer will forfeit the Client's
acceptance. Writer understands that they can control the minimum
amount required before a payment is made to them. If their
account is below this amount, funds are accumulated until
this amount is reached. Please note that the world-wide
postal system is a complex system of varying
reliability--subject to delay or loss due to regional
problems, acts of war, nature and other things beyond
WritingHub's control. If Writer chooses a postal system
based delivery, WritingHub will deliver snail mail checks to
its local post office, but cannot and will not be held
financially or otherwise responsible for delay or loss
between that point and ultimate arrival at the final
destination.
Writer agrees to be fully responsible for providing
accurate and up-to-date payment information in their account
at the WritingHub site. Should this information be
inaccurate, Writer agrees to assume full responsibility
(financial and otherwise) for any consequences. This
includes late arriving, incomplete or lost payments.
Although WritingHub will make good-faith efforts to help the
Writer rectify the situation, WritingHub is not liable for
the consequences of incorrect information, in any way
whatsoever. If the situation can be rectified with
additional effort (such as WritingHub doing a stop payment
and resending the check), the Writer will be responsible for
the additional charges associated with the effort.
Over 85% of
snail mail check payments sent to India, Pakistan and
Argentina do not arrive at their final destinations. Very
often our bank reports that a 3rd party has intercepted the
check and attempted to cash it illegally. As a result
WritingHub DOES NOT recommend snail mail checks to Writers
in these countries. If (despite our recommendation) a Writer
still chooses this method of payment and it does not arrive,
please be aware that the Writer will be responsible for the
$35 check stop payment fee (to cover our expenses), before
we will resend it via another method. Additionally, if a
fraudulent 3rd party manages to successfully cash Writer's
payment, the Writer will be responsible for it (and not
WritingHub). All Writers in these countries are STRONGLY
URGED to choose an alternate payment method.
Should there be any dispute regarding acceptance, both
Writer and Client designate WritingHub as the final binding
authority and arbiter of the dispute, and agree to abide by
its decision.
8. PROJECT
DETAILS, BIDDING AND REPLY PRIVACY AND EXPLANATION
The Writer and Client may exchange one or more bids and
replies on the bid request. WritingHub wishes to make clear
in this section exactly what is shown and what is not shown
to other people on the site regarding bid requests and
bidding.
Profiles:
Both Client and Writer profiles are publicly
available. Profiles are viewable by clicking on the
person's name at various places on the site,
including bids, bid requests and ratings. 3rd party
search engines outside of the control of WritingHub
(such as Google) may index and show these profiles
on their sites. If you wish to keep your identity
private, you are advised to use the 'Screen Name'
feature of the site and use a name different than
you real name or company.
Open Auctions (with no NDA):
Project Details: (description, etc.)
Project details are viewable by the public
Bids/Replies:
While the bidding is open, the auction is
conducted as a 'closed auction' and bidders
cannot see the bids placed by other bidders.
Once a winning bidder is chosen, the top level
bid made by the winning bidder and the top level
bids made by losing bidders are made public and
are viewable by the general public... to show
that a fair and honest auction was conducted.
(Everything else remains private...including all
other bids and replies made by and to the
winning bidder and all bids and replies made by
and to losing bidders.) The bid request page
itself is removed from general public access on
the site's search system. However, the general
public can view the title of the bid request on
the winning bidder's resume. Clicking on the
link will allow a person from the general public
to view the bid request itself and the
information stated above. Additionally, 3rd
party search engines outside of the control of
WritingHub (such as Google) may index and show
this information on their sites.
Open Auctions (with NDA):
Project Details: (description, etc.)
Project details are viewable only by those
Writers whom the Client approves for viewing by
accepting their NDA. The general public or
those rejected may only view the "Pre NDA"
message that the Client posts for the public.
Bids/Replies:
While the bidding is open, the auction is
conducted as a 'closed auction' and bidders
cannot see the bids placed by other bidders.
Once a winning bidder is chosen, the top level
bid made by the winning bidder, and the top
level bids made by losing bidders are made
viewable by those Writers who had their NDA
approved by the Client...to show that a fair and
honest auction was conducted. (Everything else
remains private...including all other bids and
replies made by and to the winning bidder and
losing bidders.) The bid request page itself is
removed from general public access on the site's
search system. However, the general public can
view the title of the bid request on the winning
bidder's resume. Clicking on the link, however,
does not allow a person from the general public
to view the bid request itself.
9. Taxes
WritingHub does not collect taxes, duties, fees
or other governmentally imposed excises, so Writer and
Client agree to assume their respective responsibilities
under the law.
The site fully complies with United State Internal
Revenue Service regulations, and to that end, all payments
to United States citizens greater than the IRS threshold
amount will be reported. United States Writers are solely
responsible for ensuring that their correct Social
Security/EIN information is provided to the site. Should
such Writers not provide this important information, or
provide incorrect information, the Writer agrees to pay any
IRS penalty imposed on either themselves or WritingHub for
their actions, plus an additional 50% penalty fee to
WritingHub.
14. CLOSING ACCOUNTS.
At the request of the Writer,
WritingHub will close out their account, disabling all
future use of it. However, Writer understands and agrees
that WritingHub will not delete any information, as it is
required to report such information to 3rd parties including
(but not limited to) FBI investigations, IRS invstigations,
credit card fraud investigations, or for WritingHub's own
auditing purposes.
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