User agreement for freelance job

This User Agreement describes the terms and conditions on which you are allowed to use our Website and our Services. We have incorporated by reference all linked information.

General definitions

  1. “Writer” is the person who has agreed render services to Project Guru on freelance basis or regular basis under the terms and conditions laid out in this Agrement.
  2. “Job” is the task that will be assigned to the Writer to render his/ her serivce and for which Project Guru will pay the Writer as agreed.
  3. “Customer” is the person who has placed an Order with Project Guru to obtain the Product according to his or her requirements and pays a fee.
  4. “Order” means an electronic request of a paid service from the Customer.
  5. “Account” means electronic record of all Orders processed by the Writer, communication, payments; and personal information about the Writer such as full name, address, payment details, and other matters required by Project Guru.
  6. “ID Submission and Verification” is the process of identity verification for Project Guru’s security reasons. The Writer is required to pass identity and contact details verification. Incorrectly provided information may lead to a temporary or permanent suspension of the account, including its possible termination.
  7. “Product Quality” indicates compliance of the product with all the quality standards of Project Guru as well as the requirements of its Customer relative to the Job.
  8. “On Probation” means temporary hold of the Writer’s account and the due balance for consecutive cases of plagiarism, usatisfactory quality or lateness.
  9. “Plagarism” means to present as new and original a product or any part thereof with respect to a Job which is found to have been derived from an existing source. This includes products or any part thereof previously accomplished and submitted by the same writer.
  10. “Reassigned Job” means a Job which being processed by a writer is taken and assigned to another Writer for causes set forth in this agreement.
  11. “Termination of Account” means discontinuation of services of the Writer and any further cooperation with the Company.
  12. “Billing Department” in Project Guru manages the financial operations and is responsible for billing and payments.
  13. “Earnings” are the amount of money that the Writer shall be entitled to for processing a Job.
  14. “Due Balance” is the accumulated amount of pending Earnings at a given time to be paid to the Writer for completed work.
  15. “Payment Method” is the money transfer service or system that is used by Project Guru for sending Earnings or financial compensation to the Writer.
  16. “Payment Details” is information that the Writer should submit to the Account to receive the Earnings.
  17. “Payout Dates” are dates when Project Gruru processes the Earnings to the Writer.
  18. Handler” signifies that part of Project Guru that assists and coordinates the Order and Job process with the Customer and Writer.
  19. “Reachable” means that the Writer will be available for both the Customer and Project Guruby phones (landline or cellular) and Internet (Messaging system or Emails) at any time while they are working on the Order. (The contact information the Writer has on the Account profile enables the Handler to get in touch with the Writer in case there are any questions, clarification, or updates on the Order(s) the Writer is working on. Every Writer is responsible for maintaining correct, up-to-date contact and personal information (name, email, address, telephone numbers and other vital information).
  20. “Responsive” means to provide Project Guru and the Customer with the required or requested information while processing the Order. Writers must remain courteous and be professional in their communication both with the Customers and Project Guru. This entails prompt replies to messages received from the Customers.

I. Intellectual property rights

  1. Any developments and innovations conceived in connection to or arising out of the Products completed by the Writer during this engagement relative to the duties under this Agreement shall inure to the benefit of Project Guru and will be its exclusive property. The Writer hereby adheres to all the rights and serves for the interest of Project Guru in rendering services under this Agreement.
  2. Any developments and innovations conceived in connection to or arising out of the Products completed by the Writer prior to the term of this Agreement and utilized by the Writer in rendering duties to Project Guru are hereby licensed to Project Guru for use in its operations and for an infinite duration, as may be allowed by law. This license is non-exclusive, and may be assigned by Project Guru to whomsoever it chooses without the Writer’s prior written approval.
  3. The Writer represents and warrants sole authorship and ownership of the Product to be delivered and assigned to Project Guru, together with the title to it; the Writer is the sole owner of all rights of any and all kinds whatever in and to the Product, throughout the world; there has been no publication without reservation of copyright within the Writer’s knowledge or consent anywhere in the world; the Writer has the sole and exclusive right to dispose of each and every right granted; the Product nor any part of it can lawfully be transferred, conveyed, assigned or otherwise be disposed of; that Writer has in no way conveyed, granted, or hypothecated any rights of any kind or character in or to the Product, or any part of it, to any person, other than Project Guru, nor have the Writer granted any right, license, or privilege with respect to any of the rights granted to any person other than Project Guru; and the Writer has not done or caused or permitted to be done any act or thing by which any of the rights granted by this agreement have been in any way impaired.
  4. Writer shall not at any time execute any further agreement or agreements in conflict with this agreement, nor will Writer in any way attempt to encumber the rights granted by this agreement, nor will Writer do or cause or permit to be done any act or thing by which the rights granted to Project Guru may in any way be impaired.
  5. The Writer authorizes Project Guru to make application in its own name or its assignee as proprietor for copyright registration of the literary property in all countries throughout the world in which copyright has not been obtained. Any such copyrights shall be and remain exclusively in the name of Project Guru or its assignee and Writer agree to execute any and all documents or instruments in any country in which the same may be necessary to obtain copyright registration.
  6. The Writer covenants to indemnify Project Guru against any claim, demand, or recovery finally sustained in any suit that may be brought against Project Guru in any manner connected with the Product by reason of the following:
    1. Any violation or infringement of any proprietary right or copyright.
    2. Any libellous or unlawful matter contained in the Product which is the subject matter of this agreement.
    3. Writer’s breach of any term, covenant, representation, or warranty of this agreement.
    4. Any matter whatever that might prejudice the securing Project Guru or its assigns of the full benefit of the rights granted in this agreement.
  7. The Writer shall promptly and diligently defend any claim, demand, or action that may be made or brought against Project Guru or its assignee, which claim, demand, or action is based on assertions or allegations of infringement or violation of copyright, libel, or unlawful matter in the Product. If Writer fails to discharge this obligation, Project Guru is granted the right to make any defense necessary, and the costs and attorney fees, together with the amount of any judgment or other recovery for which Project Guru is liable, shall be charged to and paid by the Writer.

II. Effectivity of the agreement

  1. This Agreement shall commence upon its execution and shall continue in full force and effect upon and up to the termination of the Account.

III. Subject of the agreement

  1. This Agreement is made and entered into by and between Project Guru (online writing company, providing research and writing services) and the Writer for rendition of writing and research services and other allied activities. This Agreement entitles the Writer to provide writing and research services to the Customer under the terms and conditions specified herein.

IV. Product and service requirements

  1. Requirements: The Product should adhere to quality writing standards that include but are not limited to the following:
    1. Layout and organization (referencing style, standard formatting, word limit).
    2. Grammatical resource (accurate use of grammatical rules, spelling, punctuation, sentence structure).
    3. Lexical resource (word choice, tautology, effective arrangement of words, language flow).
    4. Diction management (order specifics (tables, graphs, charts etc.), logical arrangement, presentation of own views and ideas, relevance of utterances, redundancy, linking ability).
    5. 0% Plagiarism. It is strictly forbidden to use the Writer’s previously completed papers or run the papers through any plagiarism check software. It is also prohibited to use such sources as TermPapers.com, SparkNotes,Wikipedia etc. All references should be taken from reliable sources.
  2. The Product should be written and delivered according torequirements of the Customer and the Handler that include but are not limited to the following:
    1. Topic and Job description, additional files, paper type, number of pages, referencing style, number of sources, academic level.
    2. Additional requirements through messages/revision instructions/emails.
    3. Deadline.
  3. Compliance with requirements of the Customer that include but are not limited to the following:
    1. On-time submission of current Jobs.
    2. Timely response to all messages and emails, availability for communication over the phone. Writers should be Reachable and Responsive as contemplated under this Agreement.
    3. Writers who are preparing Jobs in their Working Jobs sections are required to log in to the System every 24 hours to inform the Handler about the status of the Order for both parts to be assured that the Product will be submitted on time. If a Job is not submitted by the deadline, Handler may contact the Writer at any given time to check the progress of the Product. It is crucial to submit all Products by the deadline. Project Guru reserves the right to contact the Writer in urgent cases even after business hours, as the case may be.
    4. Writers should not disclose any information to the Customer that would enable the Customer to directly contact the Writer privately or in any manner that could not be monitored by Project Guru.
    5. Rendering of any services must be executed only under one username with the correct and up to date personal information of the Writer. Working under multiple or fake Accounts (user names) is strictly prohibited and can lead to Account termination.
    6. If the Writer takes a Reassigned Order that requires revision only, the Writer becomes fully responsible for the completion of the Job. Thus, the Writer must perform further revisions per Customer’s request, if revision instructions do not substantially vary from the original ones.
  4. The Customer is not obliged to return the Product for revision with the same Writer. The Writer shall respect the right of the Customer to choose another Writer for revision as well as the prerogative of Project Guru to make a Reassigned Order. In case of a Reassigned Order, the former Writer from whom the Order was taken from shall not be entitled to Earnings, subject to the right given to the Writer to dispute the same with the Quality Assurance Department as provided in this Agreement.
  5. Assessment is done manually by the Handler after submission to Project Guru and before the Product is submitted to the Customer. Further assessment is done when any complaint from Customer is received. Assessment is likewise done when the Writer is diputing fines, in case of cancellation of Earnings, demotion, termination of Account and Probation, among other reasons. The Handler is also constantly monitoring the communication with the Writer for delays or errors in the Product. Violations detected may result in fines, suspension or termination of the Account.

V. Sanctions

Breach of section IV and any or all its subsections may lead to penalties, fines and/or termination of the Account. In addition to the sanction, the Writer might not be reimbursed for the particular Order. The Writer recognizes the right of Project Guru to determine and impose the appropriate sanctions depending on the circumstances on each particular case. The following chart contains descriptions of Project Guru violations and fine amounts.

Type Description Job Status Job compensation Clearance of dues
Neglect Product uploaded after indicated deadline Suspended 0% Yes
Disappearance from the project Suspended 0% Yes
Close to deadline reassign request Suspended Less than 50% Yes
Violation of Companys policy Fraudulent Account* Suspended 0% No
Failure to complete Multiple choice (time framed) Suspended 0% No
Low quality Requirements full mismatch

Low quality product

Suspended 0% Yes
Requirements partial mismatch Working Free re-work or 50% Yes
Proofread. Minor Errors detected Working Free re-work Yes
Proofread. Major Errors detected Working Free re-work or 50% Yes
Substandard Quality Working Free re-work or 50% Yes
The order has been assessed as ‘low quality product’ by the Handler Working 0% Yes
Plagiarism Plagiarism detected. Paper cannot be used. Working 0% 50%
Plagiarism detected. Paper is partially usable** Working Free re-work or 30% Yes
Late order submission Product deadline violation Working 50% or more Yes
Product revision deadline violation Working 80% or more Yes
Deadline recalculation Working 50% or more Yes

* The Account is considered to be fraudulent if:

  1. The Account has been hacked;
  2. The Writer uploads irrelevant information as product;
  3. Rude or inappropriate behavior in the messaging system/emails;
  4. Disclosure of personal information to the Customer.

** The paper is considered to be partially usable when 15% – 40% of plagiarism is detected and the Customer agreed to accept the Product on condition of partial refund.

*** The Writer who is working on Customer’s First Orders and High Value Orders must submit a draft of the Product if it is requested by the Handler. The draft must be emailed to the handler after the request from the Handler, prior to uploading the Product but not later than 40% of time left before the Job deadline. Project Guru also reserves the right to reassign the Job if the draft is not submitted by the Writer.

Dispute

The Writer has a right to dispute the sanction. All fine disputes should be submitted within five (5) days prior to the scheduled Payout Dates. The Writer should state the reasons for reconsideration of the dispute in the Order messages under Fine Dispute category or in the Earnings Report via email to [email protected] Fine reconsideration requests must not be duplicated under any circumstances. The duplication of fine reconsideration requests shall result to the denial of both requests. The investigation conducted by the Handler usually takes up to three (3) business days from the time the dispute was submitted. Writer shall abide by the decision of Project Guru, which decision shall be considered final.

VI. Waiver of breach

  1. No waiver by Project Guru of any breach of this Agreement by the Writer shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law.
  2. The failure of Project Guru to insist on a strict performance of any of the terms and conditions of this Agreement shall be deemed a waiver of the rights or remedies that the Company may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach of default in any terms and conditions.

VII. Payment terms and conditions

  1. The Writer is entitled to the Earnings for each completed Job that is in conformity with Product and Service Requirements of this Agreement.
  2. Project Guru has a monthly payout system. All Jobs completed from the 1st through the 30th of the month will be paid between the 5th and 7th of the following month.
  3. For a Payout to be processed the Writer has to generate an online invoice for all completed Jobs between 1st and 5th of every month in the Account.
  4. The Billing Department operates on business hours, Monday through Friday. If the payment dates are on weekends or national holidays, the payment dates are shifted to the nearest business days accordingly.
  5. The Company reserves the right to change the payment date due to sudden/unexpected circumstances/technical difficulties. In such cases, Writers will be properly notified in log on the website.
  6. India based Writers are required to submit their Permanent Account Number (PAN) to their Account profiles. Project Guru will be able to process Earnings only after the number is submitted. The information will be stored safely in the System and will never be disclosed to any third party.
  7. As per Section 194J of the Income Tax Act, TDS is to be deducted @ 10% on any amount paid for professional/ technical services.
  8. Payment will be processed after all deductions directly to the Writer’s Bank Account using NEFT.
  9. In case the invoice is not timely submitted, incorrect or are not yet verified, the Company reserves the right to postpone the payout of the Earnings until the necessary requirements are fulfilled. Obtainment of payment account is a sole resposibilty of the recipient. The Company does not cover any expenses or offer assistance with the third party account obtainment and/or maintenance of the account.
  10. Writers are responsible for submitting valid Payment Details. If the payment is sent using invalid or incorrect Payment Details or the payment is not recognized by the sender’s or recepeint’s bank, all extra charges applied by bank will be shouldered by the Writer.

IX. Termination of the Account

This Agreement may be terminated in one of the following ways:

  1. Resignation: The Writer may terminate the Agreement by submitting a resignation mail to the handler. Termination of the Agreement will be granted by Project Guru if all the due Orders under Writer’s Account are completed. Only after complying with this written notice and completion of any additional Jobs can the Writer maintain a positive history and may be eligible for future engagements with the Company. All Earnings are processed according to the applicable payment terms and conditions of this Agreement. Access to the Account is closed immediately.
  2. Deactivation: Project Guru reserves the right to deactivate Writer’s Account in case of three-month inactivity (no orders taken and/ no log in). All due payments are processed according to the Payment Terms and Conditions of this Agreement.
  3. Termination: The following instances are causes for the Termination of the Account:
    1. Plagiarism: Any instance that is classified as “Plagiarism” may lead to the termination of the Writer’s Account with Project Guru. The Account undergoes thorough quality check by the Quality Assurance Department. The Writer is reimbursed only for quality orders on the Payout Date after sixty (60) days following the termination date or on the last payment date scheduled upon the last order successfully completed. Access to Account is closed in seven (7) days after the last payment is processed. Reactivation request is not considered by the Quality Assurance Department.
    2. Quality: Any instance or multiple cases of Low Quality (Requirements full/partial mismatch) may lead to termination of the Writer’s Account with Project Guru. The Writer is reimbursed only for quality orders on the Payout Date after sixty (60) days after the termination date or on the last payment date scheduled upon the last order successfully completed. Access to Account is closed in seven (7) days after the last payment is processed. Reactivation request is considered by the Quality Assurance Department within three (3) months after termination date if reasonable explanation is provided or guarantee of noticeable improvement is substantially established.
    3. Disappeared: Single instance of Neglect (Disappearance from the project) may lead to termination of the Writer’s Account with Project Guru. The Writer is reimbursed only for quality orders on the Payout Date after sixty (60) days after the termination date or on the last payment date scheduled upon the last order successfully completed. Access to the Account is closed within seven (7) days after the termination date. Reactivation request is not considered by the HR Department.
    4. Often Late: Delibarate instant or multiple cases of Neglect (Project uploaded after indicated deadline, Close to deadline reassign request, Failure to complete Multiple choice (time framed) orders, Product/Product revision deadline violation, Violation of “Report on progress” requirement) may lead to termination of the Writer’s Account with Project Guru. The Writer is reimbursed only for quality orders on the Payout Date after sixty (60) days after the termination date or on the last payment date scheduled upon the last order successfully completed. Access to the Account is closed within seven (7) days after the termination date. Reactivation request is not considered by the HR Department.
    5. Disclosure of any information related to Project Guru, Writer Accounts, functions, general operating process or any negative information that may potentially damage the Project Guru’s reputation will lead to the immediate termination of the Writer’s Account with no reimbursements made.
    6. Mandatory termination due to violations of the Agreement. If at any time the Writer is found to have committed any violation, failure or refusal to fully comply with the written terms and conditions of this Agreement or any reasonable directive or is guilty of serious misconduct in connection with performance of the obligations set forth herein, Project Guru reserves the right to terminate the Account at any time without prior written notice to the Writer and without being liable for any or all kinds of damages in favor of the Writer. In cases of serious violation or serious misconduct, the Due Balance will not be processed and shall be forfeited.

X. Confidentiality

  1. The Writer acknowledges that during the effectivity of this Agreement, the Writer will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, records and specifications that are owned or licensed to Project Guru and/or used by Project Guru in connection with the operation of its business. These include, without limitation, Project Guru’s business and product processes, methods, customer lists, accounts and procedures.
  2. The Writer agrees not to disclose any of the above-mentioned matters, directly or indirectly, or use any of the listed items above in any manner, either during the term of this Agreement or at any time thereafter, except as required in the ordinary course of this engagement with Project Guru.
  3. All files, records, documents, blueprints, specifications, information, letters, notes, media lists, original/creative artwork, notebooks, and similar items relating to the business of Project Guru, whether prepared by the Writer or otherwise coming into the Writer’s possession or knowledge, will remain the exclusive property of Project Guru. The Writer will not retain any copies of the foregoing without the Project Guru’s prior written permission.
  4. Upon the expiration or earlier termination of this Agreement, or whenever requested by Project Guru, the Writer will immediately deliver to Project Guru all such files, records, documents, specifications, information, and other items in the Writer’s possession and/or control.
  5. The Writer further agrees not to disclose the Writer’s engagement as an independent contractor or any of the terms and conditions of this Agreement to any person without the prior written consent of Project Guru and will at all times preserve the confidential nature of the Writer’s relationship to Project Guru and of the services here under.

XI. Independent contractor

  1. Writer acknowledges that this engagement is established for the provision of services as an independent job contractor and not as an employee or agent of Project Guru . Writer shall have no authority to assume or create any obligation, commitment or responsibility for or in behalf of Project Guru or otherwise bind Project Guru except when so authorized in writing or as is specifically provided under this engagement. Writer shall be solely responsible for the manner and means as to how such services shall be rendered.
  2. Nothing contained herein shall be construed as establishing or creating an employer-employee relationship between Project Guru and the Writer or any of its employees/assistants. Project Guru shall not, therefore, be responsible for complying with any labor laws, rules and regulations governing employer-employee relationships.

XII. Project Guru obliges to

  1. Follow the terms and conditions of this Agreement in full force but in good faith, with due respect to the rights of the Writer.
  2. Review Writers performance records on a regular basis and consider possible upgrade of the Account.
  3. Review and consider all complaints and disputes in a timely manner.
  4. Notify Writers of any technical difficulties and eliminate any within the shortest possible time.
  5. Inform beforehand about any unexpected Payout delays.

XIII. Entire agreement

  1. This agreement contains the entire stipulations between the Writer and Project Guru, and no statements, promises, or inducements made by either party or agent of either party that are inconsistent herein shall be valid or binding; this agreement may not be enlarged, modified, or altered except in writing signed by the parties and indorsed on this agreement. This agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Writer and Project Guru.
  2. No letter, telegram, or other communication passing between the parties, concerning any matter during the duration of this agreement, shall be deemed a part of this agreement, nor shall it have effect of modifying or adding to this agreement unless it is distinctly stated in such letter, telegram, or communication that it is to constitute part of this agreement and is to be attached or incorporated by reference to this agreement and unless mutually agreed to by the parties in writing.

XIV. Miscellaneous provisions

  1. Severability- It is understood and agreed by the Writer that if any part, term, or provision of this agreement is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Writer shall be construed and enforced as if the agreement did not contain the particular part, term, or provision held to be invalid.
  2. Law Governing– It is mutually understood and agreed that this agreement shall be governed by the laws of the the place where Project Guru holds its principal place of business, both as to interpretation and performance.
  3. Place of Suit- Any action or other judicial proceeding for the enforcement of this agreement or any of its provisions shall be instituted in the courts of competent jurisdiction in the the place where the Project Guru holds its principal place of business.
  4. Attorney’s Fees- If suit is brought by the Project Guru for the breach of any provision of this Agreement or in any manner connected to or arising out of the Agreement, the Writer agrees to pay all the costs in connection with suit, including reasonable attorney’s fees, whether or not the suit proceeds to judgment.

XV. Transitory provision

  1. Project Guru reserves the right to modify, amend, revise or otherwise change any and all provisions of this Agreement. The Writer expressly agrees to be bound by any subsequent modification, amendment, revision or changes as contemplated herein, by the continued rendition of services to the Company. It shall be the obligation of the Writer to review this Agreement for changes from time to time.

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