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 will be deemed to have read, understood and accepted the terms and conditions below.
  2. It is important that You should carefully read and understand these Terms and Conditions. In this document, You will find the working rules and guidelines for writers. Clearly understanding the rules and how they will be applied to You and the work You submit will help You develop a more rewarding working environment.
  3. To make Your reading of these terms and conditions easier, the words below will have the following meaning:
    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 corporate web user purchasing the Product from the Company through the Website;
    3. "Paper" - an original written product that is drafted by You in accordance with these Terms and Conditions, including but not limited to: content articles, essay, academic paper, research, report, review and/or other creative products;
    4. "Website" or "Brainy Writers" means brainywriters.com;
    5. "Writer" or "You" or "Your" or "Yours" mean and refer to You.
  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 relative to the Mountain Standard Time (MST) used in the state of Arizona, United States of America.
  5. The headings we have inserted for the various clauses are for convenience only. In the event that interpretation of these terms and conditions is required then they shall be ignored.

ENGAGEMENT

By clicking on a confirmation button below, You are acknowledging that You have read and understood these Terms and Conditions.

By clicking on a confirmation button below, You are also acknowledging that these Terms and Conditions form a binding agreement between You and Brainy Freelancing Limited.

PAYMENT DETAILS

You agree:

  • That there are two payment periods every month. Each payment period lasts 6 days. The Company can set and adjust the number of payment periods every 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 on 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, for example, preferred payment methods, payment accounts, etc., on the payment profile page available on Your Brainy Writers account. In addition, You will 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 will submit via voice call, SMS, email or any other communication channel or method 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;
  • That the Company can set and adjust the minimum and maximum withdrawal limits for different payment methods at any time and without prior notice. From now, You will be able to request Your payment in such cases:
    1. If Your amount to be paid lies between $30 and $50, inclusive of the stated amounts, for MPesa and Airtel Money and
    2. If Your amount to be paid lies between $30 and $100000, inclusive of the stated amounts, for Direct Bank Transfer, PayPal and Payoneer;
  • That when releasing payments, the Company will use Your payment details as at the time of effecting payment; the Company will not use Your payment details as at the time of requesting payment. Therefore, if there is a change in Your amount to be paid, or if You change the payment method after requesting payment, the Company will use the amount and payment method we will find on Your Brainy Writers payment profile at the time of releasing Your payment and
  • To make sure 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 will be 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 will 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 note that Your amount to be paid lies outside the set limits of Your preferred payment method, You are free to change the payment method to avoid not being paid. However, if Your payment fails to be released because You did not do so, You will have to wait for the next payment period.

PAYMENT INSTRUCTIONS

You agree that all Your payments will be released to You and only You. The Company will not release Your payments to other individuals or entities even if they are affiliated to You. You also agree that the payment accounts You will 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 will we withhold Your payment (if You will not have been paid) and/or recall Your payment (if part, or all, of Your payment will already have been paid), but we will also close your Brainy Writers account.

You agree to bear any and 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 Your MPesa or Airtel Money account.
  • Direct Bank Transfer: You will need to supply us with Your Bank Account Details. In order to complete the payment we will need the following details:

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

We can not be held responsible if the bank details, MPesa, Airtel Money, PayPal or Payoneer details that You have supplied to us are insufficient or incorrect. In such cases, You will bear any bank fees and commissions charged for the recall of transfer and/or changes in the details of payment. In the event we are unable to recall a part, or the whole, of such payments, you shall bear the loss of 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 any and all forms and media, now or hereafter known).

By posting or submitting the Paper to the Website, You also warranty 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 (real names, email, phone number, gender, date of birth, ID Number, country of residence, etc.). Providing false or incomplete information will result in being barred from the system and/or withholding of all payments due to the Writer under this Terms and Conditions.

SHARING, RENTING AND RESELLING OF WRITER ACCOUNTS

You agree not to share, rent or sell out your Brainy Writers account. Once you're accepted as one of our writers, you shall not allow anyone else to log in and/or use your Brainy Writers account. If we find out that an account is being used by anyone other than You, we will close the account and withhold all payments due in the account.

WRITER'S DUTIES

You undertake to write essays, academic papers, complete researches, make reports, and do reviews on literature and speeches in a variety of different disciplines in accordance with the Customers' requirements and these Terms and Conditions.

You shall regularly check Your orders' page, email and any notes from the support team professional or customers on Your home page.

The Company is not an employer of the Writer unless s/he works in our offices and has appended his/her signature to an official employment contract.

REQUIREMENTS FOR PAPERS. PAPER FORMAT

Each Paper must be in full compliance with the following requirements:

  • Content should be of a high quality,
  • The Customer's requirements should be closely followed,
  • The Paper should be correctly formatted,
  • Content should be 100% original,
  • All quotations must be properly referenced and attributed,
  • Delivery of the Paper must be on time.
  • A minimum of 275 words per page,
  • Use of 12 pt. Arial or Times new Roman font,
  • Paper to be saved in Microsoft Word formats depending on the assignment,
  • Paper must strictly follow a citation style (MLA, APA, Harvard, Chicago) determined by the Customer,
  • Proper margins (1″ from each side),
  • Double spaced lines,
  • References and citations to ideas and/or information used,
  • Footnotes and detailed or annotated bibliographies on Customer's demand,
  • Good grammar and punctuation.

CALCULATING PAYMENTS TO WRITERS

The amount You will be paid for each submitted Paper is based on the following parameters:

  • Number of pages,
  • Closeness of the deadline,
  • Complexity of the Paper/Academic level,
  • Your rating (rating is determined through (i) the external evaluation performed by the Customers, and (ii) the internal evaluation based on standard criteria determined by the system),
  • Amounts withheld as fines (for plagiarizing, being late, retracting from order or revision).

There are other factors that can affect the price per page. This occurs when variable components, usually defined by the Customers, come into play (for example, math paper of one page may differ in price from literature paper of one page.)

REVISIONS

Whenever the Customer is not satisfied with the quality of the Paper (to be proven) he/she can ask for a revision. The Writer shall complete the revision within a defined period of time.

If the Paper fails to comply with the initial requirements of the Customer, the revision is done without extra payment to the Writer. Revisions may be additionally paid if the Customer changes his/her initial requirements.

It is mandatory for the Writer to complete the revision. In case of retracting from revision, writer's payment may be recalculated based on a reason for retract. Each request for not writing a revision is assessed as a unique case and is treated individually.

OUTLINES AND ABSTRACTS

If the Customer requires for an outline or synopsis either in writing or in a Power Point presentation, these should be completed by the Writer according to the Customer's requirement without extra payment to the Writer.

This usually includes title pages, outlines, bibliographies and abstracts.

ADVANCED WRITER STATUS AND BONUS PAYMENTS

We are always pleased when our writers are both conscientious and hard working. To help encourage this, we have a Bonus Policy, which rewards writers for their consistent efforts.

Advanced Writer. (Valid from October 15, 2010) Advanced status allows You to use auto assign* option, to select an assignment for the Paper without going through the usual procedures, where an assignment is offered to You by the Company. Once You have applied for an order it immediately becomes “Your order” with initially set price and deadline. The amount of orders advanced writers can take is defined by the Company and is a subject to change. Additionally, You are exempt from holds on payments that normally apply to writers, and can achieve a special 5% bonus in case of completion of 100 pages.

In our assessment process we take into consideration the feedback we receive from the Customers. It is imperative that performance standards are kept high to maintain a favourable track record.

*Orders eligible for auto assign are limited by paging (12 pages and less) and deadline (deadline should be defined and a positive value). Also writer can not request change of initial price or deadline once the order is assigned, by using auto assign option he/she agrees to complete order with the originally given price and deadline.

List of Benefits:

  1. AUTO ASSIGN – ability to automatically take 6 new orders.
  2. ADDITIONAL BONUS – only Advanced Writer gets +5% to his monthly payment if he/she completed more than 100 pages during this month.

Bonus Payments: As an additional incentive for our writers, we are pleased to operate an attractive bonus payment system for high output. This is based on the Writer's monthly income as follows :

  • + 2% for 80 to 149 pages in a month,
  • + 4% for 150 pages or more in a month.

We calculate the monthly total of each writer's page output. No pages can be carried forward to the next month.

Your Bonus Payments are calculated automatically each month when the requisite amount of pages has been completed.

PENALTIES AND FINES

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

Plagiarism: Whenever the Paper contains adopted material which directly repeats the source without being properly cited and referenced it is considered to be plagiarized. Plagiarism penalty constitutes 25% per each plagiarized Paper.

A third occurrence of plagiarism in a month will result in the Writer's account being immediately suspended and a subject for evaluation, with the possibility of being permanently removed from the panel of writers.

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

Late Delivery of Paper: Whenever a deadline for the Paper is exceeded due to Writer's fault and the Paper is yet required by the Customer, the Writer is fined with 25% of the Paper fee.

In case of unavoidable delay the Writer should inform the Company beforehand and ask for a possible extension in order to avoid fines.

The Company may increase on its discretion the amount of fines for late deliveries depending on the scale of the problem and the damage to business caused.

Wrong Style: Whenever the Paper is submitted in wrong citation style (formatting and laYout / referencing / specific academic format requirements and so on), the Writer will be fined with 10% of the fee for that Paper.

Deadline Extension: Occurs if the deadline for the order is extended due to writer's fault or if writer requests more than one extension. Amount of the fine equals to 5% of the price for the order.

Extension Late: Fine for Deadline Extension, already late. Occurs if the deadline for the order is extended due to writer's fault at the moment when order is already late. Amount of the fine equals to 25% of the price for the order.

Withdrawing Your Offer after Initial Acceptance

Make sure to check details, instruction and availability of materials needed before applying for an order.

Whenever the Writer retracts from an assignment to write the Paper after initial stage has passed, the Writer shall be liable for such retraction. Retract from an assignment may result in a fine which is calculated based on circumstances. The percentage of fine may vary from 10% to 100% of fee due for current order.

CANCELLATION

If an assignment to write the Paper is cancelled by the Customer due to the Paper low quality, late delivery, plagiarism and other reasons attributable to Writer's fault, the Writer will not receive the payment due for this Paper. Besides, a fine may be applied by the Company.

The Writer is not liable for cancellation of an assignment made by the Customer due to own reasons which are not consistent with Writer's fault. In such cases the Writer receives the payment due for the Paper completed, but only if the Paper has been delivered to the Customer.

NON-SOLICITATION AGREEMENT

The Writer recognizes that the Company has legitimate business interests to protect, and as a consequence, 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, and its related human resources information, including Writer/employee manuals, interviewing techniques, and training manuals.

Until termination of the Writer’s services, and for a period of twelve (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 of or 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 Customers described above, 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 himself or herself 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;
  • Disclose to any person, firm or corporation the names or addresses of any of the Customers, Writers and Employees of the Company or any other information pertaining to them.

DISABLED POLICY

We maintain a policy of non-discrimination and actively welcome any qualified persons to apply for a writing or editorial position. Our only objective is to seek excellence in the work we perform for our customers.

INDEMNIFICATION

You agree that You are solely responsible for the content of the Paper submitted to the Company and/or its Customers, and that You agree to indemnify and hold harmless the Company, its owners and employees with respect to any claims based upon the Papers submissions 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, ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGN OF THE COMPANY OR THEIR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS WEBSITE, INCLUDING ITS CONTENT.

JURISDICTION

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

MODIFICATION OF TERMS

These Terms and Conditions may be modified by us at any time without prior notice. 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. Continued use of this Website following any change constitutes Your acceptance of the change.

SEVERABILITY

If any part of these Terms and Conditions are deemed to be unlawful, void or for any reason unenforceable, 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.