TERMS AND CONDITIONS FOR Brainy Writers

  1. The following Terms and Conditions apply to a Brainy Writers Writer. By being a Brainy Writers Writer, you shall be deemed to have read, understood, and accepted the terms and conditions below.
  2. It is important that you carefully read and understand these Terms and Conditions. In this document, you shall find the working rules and regulations for Writers. Clearly understanding the rules and how they shall be applied to you and the work you submit will help you enjoy a better working environment.
  3. The following words shall have the meanings ascribed to them to make your reading of these terms and conditions easier:
    1. “Company” or “we” or “our” or “us” mean and refer to Brainy Freelancing Limited, a limited liability company incorporated in the Republic of Kenya, and where the context so admits, its successors in title and assigns;
    2. “Customer” or “Client” mean and refer to any individual or entity purchasing the Paper from the Company through the Website;
    3. “Paper” means an original product that is written, drafted, or prepared by you in accordance with these Terms and Conditions, including but not limited to content articles, technical documentations, speeches, essays, academic papers, research papers, reports, reviews, presentations, excel sheets, images, software programs, and/or other creative products;
    4. “Website” or “Brainy Writers” mean brainywriters.com;
    5. “Writer” or “you” or “your” or “yours” mean and refer to you; and
    6. “Support Team Professionals” or “Support Team” mean and refer to Writer support/Customer care agents employed by the Company.
  4. The times displayed on our Website, and the times and dates mentioned in these terms and conditions, for example, the payment dates mentioned below, are provided in the Mountain Standard Time (MST) used in the state of Arizona in the United States of America.
  5. The headings we have inserted for various clauses are for your convenience only. They shall not be considered when interpreting this Agreement.

ENGAGEMENT

By clicking on the “Confirm” button below, you are acknowledging that:

  1. you have read and understood these Terms and Conditions; and
  2. these Terms and Conditions form a binding agreement between you and the Company.

PAYMENT DETAILS

You agree:

  • That there are two payment periods every month. Each payment period lasts six days. The Company can set and adjust the number and duration of payment periods per month at any time and without prior notice, provided, however, that there shall be at least one (1) payment period every month.
  • That you may request your payment on the 5th and 6th (1st payment period) and the 20th and 21st (2nd payment period) dates of every month. However, payments will be released on the 7th to 10th (1st payment period) and 22nd to 25th (2nd payment period) dates of every month.
  • That you shall provide all payment details (e.g., preferred payment methods, payment accounts, etc.) on the payment profile page available on your Brainy Writers account. You shall also complete all payment requests by using the “Request Payment” button, available on the 5th, 6th, 20th, and 21st days of every month on the payment profile page available on your Brainy Writers account. Any payment details and/or requests you submit via voice calls, SMSs, emails, or other communication channels or methods shall be deemed void and invalid and shall not be honored.
  • That the only payment methods that the Company will make available to you for receiving your payments are MPesa, Airtel Money, Direct Bank Transfer, PayPal, and Payoneer. The Company can make unavailable any of these payment methods at any time and without prior notice.
  • That the Company can set and adjust the minimum and maximum withdrawal limits for different payment methods at any time and without prior notice. For now, you will be able to request your payment via:
    1. MPesa or Airtel Money if your amount to be paid lies between $30 and $50 (inclusive of these amounts);
    2. PayPal if your amount to be paid lies between $30 and $100,000 (inclusive of these amounts);
    3. Payoneer if your amount to be paid lies between $50 and $100,000 (inclusive of these amounts); or
    4. Direct Bank Transfer if your amount to be paid lies between $150 and $100,000 (inclusive of these amounts).
  • That when releasing payments, the Company shall use your payment details as documented at the time of effecting payment; the Company shall not use your payment details as recorded at the time you request payment. Therefore, if there is a change in your amount to be paid, or if you change the payment method after requesting payment, we shall use the amount and payment method we will find on your Brainy Writers payment profile at the time of releasing your payment.
  • To ensure that your amount to be paid lies within the minimum and maximum withdrawal limits the Company has set for your preferred payment method. Your amount to be paid may change between the time you request payment and the time the payment is effected. If this change causes the total amount payable to fall outside the limits the Company has set for your preferred payment method at the time of effecting payment, you shall not be paid. Therefore, keep monitoring your payment report and ensure your amount to be paid lies within the limits we have set for your preferred payment method. If, after requesting payment and before the payment is effected, you notice that your amount to be paid lies outside the set limits for your preferred payment method, you can change the payment method to ensure we pay you. However, if we fail to release your payment because you did not do so, you shall have to wait for the next payment period.

PAYMENT INSTRUCTIONS

You agree that we shall release all your payments to you and only you. The Company shall not release your payments to other individuals or entities even if they are affiliated with you. You also agree that the payment accounts you shall provide are owned and operated by you. If we discover that the payment account you have added to your Brainy Writers profile does not belong to you, not only shall we withhold your payment (if we will not have paid you) and/or recall your payment (if we will have paid part or all of your payment), but we shall also close your Brainy Writers account and terminate our engagement with you.

You agree to bear all costs related to the transfer of payments from the Company to you (including fees or commissions charged by banks and transfer agents).

To receive any payments from the Company, you may choose the following options:

  • MPesa, Airtel Money, PayPal, or Payoneer: You shall have registered on MPesa, Airtel Money, PayPal, or Payoneer with the phone number or email address you supply to us when adding your MPesa, Airtel Money, PayPal, or Payoneer account to your payment profile on our Website. We will then send the money directly to the account.
  • Direct Bank Transfer: You shall need to supply us with your Bank Account Details. To complete the payment, we shall need the following details:

    Name on the Bank Account:
    Bank Name:
    Bank Branch:
    Bank Swift Code:
    Bank Account or IBAN Number:

We SHALL NOT be held responsible if the bank details, MPesa, Airtel Money, PayPal, or Payoneer details you supply are insufficient or incorrect. You shall bear any bank fees and commissions charged for the recall of transfer and/or changes in the payment details in such cases. If we cannot recall a part, or the whole, of such payments, you shall bear the loss of the part, or the whole, of such payments, as the case may be.

TRANSFER OF COPYRIGHT

By posting or submitting the Paper to the Website, you transfer the copyright ownership for the Paper to the Company (including, without limitation, the exclusive rights to use, reproduce, edit, modify, adapt, publish, translate, distribute, and/or sell the Paper, in whole or in part, in all forms and media, now or hereafter known).

By posting or submitting the Paper to the Website, you also warrant that the Paper is your original work, has not previously been published, and is not under consideration by another third party.

GOOD STANDING

By applying and participating in the Paper writing services provided through this Website, you are representing to us that you are a qualified Writer in good standing. By registering on this Website, you agree to provide your correct details (e.g., real names, email, phone number, gender, date of birth, ID number, country of residence, etc.). The Company may ask for proof of these details at any time, and you shall provide such proof within a reasonable timeframe. Providing false or incomplete information shall result in being barred from the system and/or withholding of all payments due to the Writer under these Terms and Conditions.

SHARING, RENTING, AND RESELLING WRITER ACCOUNTS

You agree not to share, rent, or sell your Brainy Writers account. Once you are accepted as one of our Writers, you shall not allow anyone else to log in and/or use your Brainy Writers account in any way whatsoever. If we find someone other than you using your account, we shall close the account and withhold all payments due in the account.

WRITER’S DUTIES

You undertake to write, draft, or prepare Papers in accordance with Customers’ requirements and these Terms and Conditions.

You shall regularly check your orders’ page, email, and any notes on your home page from Support Team Professionals or Customers.

The Company is not your employer unless you work in our offices, and you have appended your signature to an official employment contract.

REQUIREMENTS FOR PAPERS – PAPER FORMAT

Unless otherwise specified by the Customer or Support Team Professionals, each Paper must fully comply with the following requirements:

  • It should have high-quality content.
  • It should be produced in accordance with the Customer’s requirements/instructions.
  • It should use good grammar and punctuation.
  • Its content should be 100% original, with no plagiarism whatsoever. Any material obtained from another source must be attributed to its origin by appropriately referencing the source.
  • It should be correctly formatted. The Paper must follow a citation style determined by the Customer. Examples of such styles include, but are not limited to, the American Psychological Association (APA) style, the Modern Language Association (MLA) style, Harvard style, Chicago/Turabian style, the Institute of Electrical and Electronics Engineers (IEEE) style, Vancouver style, the American Sociological Association (ASA) style, the American Mathematical Society (AMS) style, the American Medical Association (AMA) style, the American Chemical Society (ACS) style, and the American Institute of Physics (AIP) style. Use the latest version of the style specified by the Customer.
  • It must be delivered within its allotted deadline.
  • It should have a minimum of 275 words per page.
  • It should have a minimum of the number of pages requested by the Customer, with each of the pages full of content.
  • If it is an APA Paper, it should use 12-point Times New Roman or 11-point Arial fonts. If it is an MLA Paper, it should use 12-point Times New Roman or Arial fonts.
  • It should be saved in common formats. For instance, save text documents in Microsoft Word (.docx) format, save spreadsheet documents in Microsoft Excel (.xlsx) format, save presentations in Microsoft PowerPoint (.pptx) format, and so on.
  • It should be typed on standard-sized paper (8.5″ x 11″), with 1- margins on all sides.
  • It should use double spaced lines.
  • It should have footnotes if the Customer requires them.

The above notwithstanding, the Writer must adhere to Customer instructions to the letter.

WRITER PAYMENT CALCULATION

The amount you will be paid for each Paper you submit is based on the following parameters:

  • Number of pages and slides
  • Allotted deadline
  • The Complexity of the Paper
  • Academic level
  • Amounts withheld as fines for violations such as plagiarism, lateness, poor grammar, poor format, and retraction from a Paper or its revision.

Other than the above parameters, additional factors can affect the fee per page. This occurs when variable components, usually defined by the Customer, come into play. For example, the fee paid for a 1-page mathematics Paper may differ from that of a one-page literature Paper.

ADDITIONAL PAYMENT REQUESTS

A Client may provide requirements that differ from our standard Paper format. For instance, they may ask you to write their Paper using more compact spacing than our standards allow (e.g., single spacing), or they may request that you write their Paper using a font that is smaller in size than our standard fonts. In such a case, if every page in the Paper is reasonably expected to have much more than 275 words regardless of your choice of words, please ask the Support Team for additional payment before you begin working on the Paper and as soon as the Paper is assigned to you (before a quarter of the Paper’s allotted deadline elapses). The Support Team will evaluate your request and raise the Paper’s fee if necessary. If you request extra payment after you have started working on the Paper and/or after a quarter of the Paper’s assigned deadline has elapsed, we shall not honor the request. Instead, we shall require you to adhere to the Customer’s instructions without additional payment.

REVISIONS

Whenever the Customer is not satisfied with the quality of the Paper produced by the Writer, they can ask for a revision. The Writer shall complete the revision within a defined period.

If the Paper delivered by the Writer fails to comply with initial Customer requirements, the Writer shall do the revision without extra payment. However, the Writer may be paid additionally if the Customer changes their initial requirements.

The Writer must complete the revision. If the Writer retracts from the revision, the Writer’s payment may be recalculated based on the retraction’s reason. Each request for not completing a revision is assessed and treated uniquely and individually.

OUTLINES AND ABSTRACTS

If the Customer requires an outline or synopsis, either in writing or in a PowerPoint presentation, the Writer shall produce it according to the Customer’s requirements and without extra payment to the Writer. This can include a title page, abstract page, outline page, table of contents page, and references/bibliographies page. However, the Writer will be paid for producing an annotated bibliography.

PENALTIES AND FINES

Fines and penalties are deductions made by the Company from payments that are due to the Writer. The fines and penalties apply in the following cases:

Plagiarism Violation: This occurs when the Paper contains material obtained from other sources without acknowledging the sources through proper referencing or when more than 5.0% of the Paper’s content directly matches content from other sources, even if the matching content is properly cited. The penalty for a plagiarism violation is 25% of the Paper’s fee.

Three or more plagiarism violations in a month shall result in the immediate suspension of the Writer’s account. Subject to an evaluation of the account, we may lift the suspension or permanently remove the Writer from our panel of writers.

Notwithstanding the above, if a plagiarized Paper is delivered to the Customer and the Customer exposes the plagiarism, the Writer shall receive no payment for the Paper, and they shall be fined up to 100% of the fee for that Paper.

Lateness Violation: This occurs when a Writer does not submit the finished Paper within its allotted deadline due to the Writer’s fault. The penalty for a lateness violation on a Paper’s assignment is 25% of the Paper’s fee. The penalty for a lateness violation on a Paper’s revision is 25% of the Paper’s fee.

In case of unavoidable delay, the Writer shall inform the Company beforehand and request a possible deadline extension to avoid penalties for lateness violations.

In its discretion, the Company may increase the percentage fine imposed on a Writer for a Paper’s late delivery, depending on the scale of the problem and the damage caused to its business.

Wrong-Format Violation: This occurs when the submitted Paper is not formatted correctly. For instance, this can occur if the Writer uses a different citation style other than the one the Customer requested. The penalty for a wrong-format violation is 10% of the Paper’s fee.

Deadline Extension Violation: This occurs when the deadline for the Paper is extended due to the Writer’s fault or when the Writer requests more than one extension. The penalty for this violation is 5% of the Paper’s fee.

Extension Late Violation: This occurs when a deadline extension is made on a Paper that is already late due to the Writer’s fault. The penalty for this fine is 25% of the Paper’s fee.

Retracting from a Paper’s Assignment or Revision: This occurs when the Writer retracts from an assignment to produce or revise a Paper. The Writer shall be liable for such retraction. Retracting from an assignment or revision may result in a fine calculated based on the retraction’s circumstances. The penalty may vary from 10% to 100% of the Paper’s fee. Ensure to scrutinize a Paper’s details, Customer’s instructions, and the availability of materials needed to complete the Paper before applying to work on the Paper.

CANCELLATION

If a Customer or a Support Team Professional cancels your assignment or revision on a Paper due to the Paper’s low quality, late delivery, plagiarism, or any other reason that is your fault, you shall not receive any payment due for the Paper. Besides, the Company may apply a fine on your payment.

The Writer is not liable for a Customer’s or Support Team’s cancellation of an assignment or revision on a Paper due to reasons that we cannot attribute to the Writer’s fault. In such cases, the Company will pay the Writer for the completed Paper, but only if it has been delivered to the Customer.

NON-SOLICITATION AGREEMENT

The Writer recognizes that the Company has legitimate business interests to protect. Consequently, the Writer agrees to the restrictions contained in this Agreement because they further the Company’s legitimate business interests. These legitimate business interests include, but are not limited to:

  • Substantial relationships with specific prospective or existing Customers or Clients;
  • Customer or Client goodwill associated with the Company’s business.
  • All information regarding the Company’s Writers, employees, shareholders, directors, and any other member of its human resource, including Writer/employee manuals, interviewing techniques, and training manuals.

Until termination of the Writer’s services, and for a period of thirty six (36) months commencing on the date of termination, the Writer, directly or indirectly, in association with or as a freelancer, stockholder, director, officer, consultant, employee, partner, joint venturer, member, or otherwise through any person, firm, corporation, partnership, association, or other entity, shall not:

  • solicit competitive business from any Customer of the Company (including any potential Customer of the Company that was contacted, solicited, or served by the Writer, or about which the Writer became acquainted with, or about which the Writer received confidential information, as the direct or indirect result of offering services to the Company), nor, for the same period of time, shall the Writer perform services or accept any business competitive with that of the Company from any of the Company’s Customers, which involves the Writer performing similar functions or acting in a similar capacity as when offering services to the Company;
  • solicit, recruit, induce, or otherwise attempt to induce, for any reason whatsoever, any Writer, employee, or independent contractor of the Company on behalf of themselves or any other person, firm, corporation, partnership, association, or entity, to terminate or breach an employment, contractual, or other relationship with the Company or otherwise to act contrary to the interests of the Company; or
  • disclose to any person, firm, corporation, or entity the names, addresses, or any other information about any of the Company’s Customers, Writers, employees, shareholders, directors, or any other member of its human resource.

NON-DISCRIMINATION POLICY

We maintain a policy of non-discrimination and actively welcome any qualified persons to apply for a writing or editorial position. We guarantee that your human rights will be upheld regardless of your ethnicity, race, nationality, skin color, sex, gender, language, political or other opinion, religion, social identity, property ownership, or birth. Similarly, you will not suffer prejudice based on your age, disability, marital and family status, sexual orientation and gender identity, health status, place of residence, and economic and social situation. Our only objective is to seek excellence in the work we do for our Customers.

INDEMNITY

You agree that you are solely responsible for the content of the Paper submitted to the Company and/or its Customers, and you also agree to indemnify and hold harmless the Company, its owners, employees, or any other member of its human resource with respect to any claims based on the Papers you submit to the Company and/or its Customers.

LIMITATION OF LIABILITY

THE COMPANY SHALL NOT BE LIABLE TO A MEMBER, VISITOR, USER, OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, FOR RELIANCE ON THE INFORMATION CONTAINED IN THE WEBSITE, SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY, ITS AFFILIATES, OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, OR THEIR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING FROM THE USE OF THIS WEBSITE AND ITS CONTENTS.

The Website may contain links to other websites for which the Company does not maintain control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource.

JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Kenya.

MODIFICATION OF TERMS

We may modify these Terms and Conditions at any time and without giving prior notice. Continued use of this Website following any change constitutes your acceptance of the change.

SEVERABILITY

If any part of these Terms and Conditions is deemed by a court of competent jurisdiction to be unlawful, invalid, void, or unenforceable, in whole or in part, for any reason, then that part shall be deemed to be severable from these Terms and Conditions and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.