Terms & Conditions
Last updated: May 23, 2018.
If you are looking for “terms & conditions” for customers, you can find it here.
It is important that you carefully read and understand the following Terms and Conditions. In this document, you will find the working rules and guidelines for the Writers. Understanding the rules, how they are applied to you, and the work you submit, will help you develop a more rewarding working environment.
If you do not wish to comply with these Terms and Conditions or do not agree with any provision of the following Terms and Conditions, please do not provide services or submit work to us.
By clicking on the confirmation button below, you acknowledge that you have read and understood these Terms and Conditions.
By clicking on the confirmation button below, you also acknowledge that these Terms and Conditions form a binding agreement between you and EssayShark.com and you agree to be bound by the provisions of this agreement as we do.
In these Terms and Conditions:
the "Company" or "our" or "us" means and refers to FrogProg Limited;
the "Customer" means and refers to any individual or corporate web user purchasing a product from the Company through the Website;
the "Paper" means an original written product that is drafted by you in accordance with these Terms and Conditions, including but not limited to: an essay, academic paper, research, report, review and / or other creative products;
the "Website" means EssayShark.com website;
the "Work" or the "Order" means and refers to any work, order or assignment allocated at the Website;
the "Writer" or "you" or"yours" means and refers to you and / or any other person who submits the Paper to the Company on your behalf.
TRANSFER OF COPYRIGHT
By posting or submitting the Paper to the Website, you irrevocably relinquish, assign and transfer the all copyrights 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, to permit use of the Paper and prevent its use or illegal exploitation thereof as well as prohibit such exploitation, now or hereafter known, absolutely throughout the world for the full period of copyright and all renewals, revivals and extensions thereof), and warrant that the Company has a right to transfer all copyright ownerships for the Paper to the Customer.
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.
By posting or submitting the Paper to the Website, you agree that you are not allowed to re-submit the Work, or use it for any other purposes.
It is also illegal to reproduce or publish materials uploaded by the Customers or other Writers.
By posting or submitting the Paper to the Website, you irrevocably waive all and any moral rights you are entitled to in connection with the Paper and fully agree that the Company is not obliged or in any other way is legally bonded with obligation to mention your name (nomination) in connection to the Paper whatsoever.
The payment the Writer received for the services provided to the Company hereunder includes appropriate compensation to the Writer for alienation of his/her proprietary intellectual property rights and waiver of his/her moral intellectual property rights in connection with the Paper and the Writer is not entitled to any additional compensation or consideration whatsoever.
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. Providing false or incomplete information will result in being barred from the system and / or withholding of all payments due to the Writer, under these Terms and Conditions.
It is prohibited to give or to sell an account to another person. The name stated in the Writer's profile should correspond with the name of the owner of an account. Indicating any personal information in messages to the Customer or files properties is strictly prohibited. The Company does not bear any responsibility for information shared by these means. Violation of account security will lead to an account ban and suspension of payments.
DUTIES OF THE WRITER
The Writer is obliged to write the Papers, carry out research, make reports, and do reviews on literature and speeches in a variety of different disciplines and / or write, produce, complete and deliver other creative original written products and perform the Work in accordance with the Customers’ requirements and these Terms and Conditions.
The Writer is obliged to meet and comply with the writing and editing standards and requirements introduced by us and set forth in these Terms and Conditions.
Whenever the Writer is in breach of these Terms and Condition or violate any provision thereof, we reserve the right to apply penalties to the Writer.
You shall regularly check your orders' page, email and news sections of the Website admin page.
The Company is not an employer of the Writer.
The relations of the Writer and the Company are the contractual relations of independent parties (a contractor and a client), and nothing in these Terms and Conditions shall render the Writer an employee, worker, agent or partner of the Company and the Writer shall not act or hold him/herself out as such.
The parties’ agreement to these Terms and Conditions or provision of the services and performing Works hereunder does not in any way constitute formation of a joint venture or partnership, or creation of an employer-employee relationship of an agency relationship between the Company and the Writer.
REQUIREMENTS FOR PAPERS, and PAPER FORMAT
The Writer shall follow the quality standards set by these Terms and Conditions and the following requirements, which each Paper must be in full compliance with:
- Content should be of high quality;
- The Paper should be correctly formatted;
- Content should be 100% original and plagiarism-free;
- All quotations must be properly referenced and attributed;
- Delivery of the Paper must be on time;
- There is a minimum of 275 words per page;
- Title and reference pages are not included into the word count;
- The Paper must strictly follow a citation style and citation requirements determined by the Customer (MLA, APA, Harvard, or Chicago);
- References and citations for ideas and / or information used are essential;
- Footnotes and detailed or annotated bibliographies must be prepared according to the Customer's demand;
- Good grammar and punctuation to be used at all times.
The Writer shall strictly follow the individual requirements for the Work ordered by the Customer. We reserve the right to apply penalties if the Writer fails to adhere to the specifics of the Order. In case the services are not delivered on time, not delivered at all, or under the required standards and requirements, we reserve the right to apply penalties to the Writer.
Please note that we do not complete online assignments or multiple choice tests. We believe it is as much the student's direct responsibility to pass tests (whether they are online or not), as it is to take exams. In addition to that, it is hard to evaluate the quantity of work done and services provided by the Writer.
If, for some reason, you see such an order in your Available Orders list, please do not start working on it. We would highly appreciate you writing a message to the support team, asking them to check the instructions carefully and contact the Customer, if it is an online assignment/multiple choice test.
CALCULATING PAYMENTS TO THE WRITERS
The amount you are paid for each submitted Paper is based on the following parameters:
- Your bid per page;
- Number of pages;
- Closeness of deadline;
- Complexity of paper;
- Amounts withheld as penalties (fines).
Other factors can affect the price per page. This occurs when variable components, usually defined by the Customers, come into play; for example, a math paper of one page might differ in price from a literature paper of one page.
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.
It is mandatory for the Writer to complete any revision. By accepting to work on the Order, you agree to be available for revisions, and to be able to address and complete them within the deadline specified. Whenever the Writer makes no revision of the Paper upon the Customer’s request and the order gets cancelled, a penalty is applied to the Writer.
- The Company payment period is of a five-day duration
- Payment methods are: Paypal, Payoneer and Wire Transfer
- You can request payment from the 1st, at 00:01 am until the 5th, at 12:00 pm (GMT+0); and from the 15th, at 00:01 am until the 20th, at 12:00 pm (GMT+0) of every month
- After you send your payment request, we proceed with your payment within 1-5 days. The last day to receive a payment is 5th or 20th of each month.
- We have set minimal withdrawal limits for different payment systems. From now on, you can request payment:
- if the amount is more than $30 (for Paypal),
- if the amount is more than $20 (for Payoneer),
- if the amount is more than $100 (for Wire Transfer).
HOW OUR PAYMENT SYSTEM WORKS:
Step 1: Your payment report is available on your tab Financial Overview at all times. If something is wrong, you can write a message to Payment Admin, who will fix it.
Step 2: During the payment period press the "Add Funds Request" button (1-5th and 15-20th of every month). If you want to skip receiving payment for a period, do not press "Add Funds Request". The amount will accumulate.
Step 3: After you press the "Add Funds Request" button, the whole sum of your payment will appear in the next field, "Request History", marked as a new request. We can see your request instantly. All orders that appear in your report after you have pressed "Add Funds Request" button go to "Unrequested Transactions".
Step 4: After receiving a payment request from you, we proceed with payment within 1-5 days.
Step 5: After monies are transferred, your request is marked as “Approved” in “Request History”. You can see all your previous transactions in "Request History".
You agree to bear all and any 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:
- Paypal and Payoneer: you should provide the Company with your Paypal or Payoneer account email address
- Wire transfer: this option is available for payouts starting at $100. If you have amounts less than $100, please use the other options
In order to complete payments we need the following details:
Name of recipient
Bank Account or IBAN No.
Please be very careful and precise with your SWIFT code, Account Name and Account Number.
We cannot be held responsible for insufficient or incorrect bank details you have supplied to us. In the event of an error, you bear any bank fees and commissions charged for the recall of transfer and / or changes in the details of payment.
- In case the Writer stops providing services to the Company, it is the Writer's responsibility to request and receive the money left on their balance.
- We give enough time to log in and request your money after resignation.
- If the Writer has not requested the remaining money from their balance during two payment periods after the last payment has been released, the Writer’s account is automatically closed.
- Otherwise, the Writer must notify the Payment Department of the date when they plan to make a request in advance.
REWARDS AND BONUSES
- if you are selected the "Best Writer of the Month", you get an additional 3% to your monthly payment. The Best Writers of the month are chosen based on three criteria: the Writer’s rating, on-time delivery and the number of completed Orders in respect to the assigned Orders.
The Writers can access orders from new Customers if they meet the following criteria:
- rating (not less than 9.00);
- cancelled Orders (not more than 3 cancelled Orders by the Customers with the reason 'I'm not satisfied with the Writer' within the period of 30 days);
- completed Orders (at least 3 completed Orders).
PENALTIES AND DEDUCTIONS
Penalties and deductions from the payments may occur due to the fault of the Writer in the below cases, and the following penalties shall be applied:
Plagiarism: Whenever the Paper contains adopted material, which is identical to the source, without being properly cited and referenced, it is considered plagiarized.
- The first instance of plagiarism: the penalty amount ranges from 100% of the Writer’s bid to 100% of the Customer’s price for the Order. The Writer is also issued an official warning.
- The second instance of plagiarism: the penalty amount ranges from 100% of the Writer’s bid to 100% of the Customer’s price for the Order. The Writer is suspended for a 2-week period.
- The third instance of plagiarism: we shall cease our contractual relations with the Writer hereunder, and the Writer’s engagement with the Company shall be immediately terminated without any compensation or refunds due to the Writer whatsoever, and the Writer's account shall be closed and shut down.
If the percentage of plagiarism exceeds 50-60% similarity, writer may be fired after the second or even the first instance.
Fake references are considered plagiarism.
Every case of plagiarism is a serious violation of our rules and principles of academic writing. Any case of plagiarism, upon the consideration of the Quality Assurance Department, may lead to closure of the plagiarizing Writer's account. In case of plagiarism the Quality Assurance Department may at its sole discretion decide to cease the Company’s contractual relations with the Writer and immediately terminate the Writer’s engagement with the Company without any compensation or refunds due to the Writer whatsoever, and close the plagiarizing Writer's account.
Violation of Confidentiality Policy: It is forbidden to disclose your personal information or ask for the Customer’s personal information (personal contacts, login or payment details to communicate outside EssayShark.com). If the Customer provides his or her personal information, writers must immediately inform the Customer about the Confidentiality Policy Violation and ask him or her to delete that information. If the Writer doesn't remind the Customers about the violation, then the Writer will be noted as committing the Confidentiality Policy Violation.
- The first instance of violation: the Writer shall be penalized $20.
- The second instance of violation: the Writer shall be penalized $40 and given an official warning.
- The third instance of violation: we shall cease our contractual relations with the Writer hereunder, and the Writer’s engagement with the Company shall be immediately terminated without any compensation or refunds due to the Writer whatsoever, and the Writer's account shall be closed and shut down.
Late Delivery of the Paper: Whenever a deadline has not been met by the Writer or a late submission of the Order has been occurred, irrespectively to whether this results in cancellation of the Order or not, the penalties applied to the Writer may vary from 100% of the Writer’s bid up to 100% of the Customer’s price for the Order. The Company may increase the amounts of penalties for late delivery of the Paper at its own discretion, depending on the scale of the problem and the damage caused to the business.
Irrelevant use of the Text Tab: Whenever the Writer uses the Text Tab to advertise his skills or write anything rather than a preview or an actual order, the Writer is penalized $20.
No revision made: Whenever the Writer makes no revision of the Paper upon the Customer’s request, irrespectively to whether this results in cancellation of the Order or not, a penalty in the amount of 50-100% of the Writer’s bid is applied.
Deadline agreed upon in chat: Whenever the Writer promises to complete the Paper ahead of the deadline but then fails to do so, irrespectively to whether this results in cancellation of the Order or not, the Writer is penalized 50% of the Writer’s bid.
Advice to extend deadline on bidding: Whenever the Writer recommends the Customer to extend the deadline to pay less for the Order on the bidding status, the Writer is penalized $5.
No preview upon the Customer's request written: Whenever the Writer fails to provide an introduction upon the Customer's request, the Writer is penalized $10.
Usage of the previous Papers as previews: Whenever the Writer provides his previous Paper as a preview, the Writer is penalized $15.
The penalties may also be applied in other cases determined by the Quality Assurance Department at its sole discretion as such that undermine our reputation and doubt the Writer’s professionalism.
To avoid any doubt, the Writer hereby acknowledges and agrees that the penalties hereunder shall be applied in the cases defined by these Terms and Conditions and in other cases determined by the Quality Assurance Department at its sole discretion, irrespectively to whether such Writer's fault, his/her breach of the agreement or violation of any provision thereof, mismanagement of the Order or any other Writer’s behaviour has led to cancellation of the Order by the Customer. The penalties shall be applied to the cancelled, completed or underway Orders.
The penalties and deductions under these Terms and Conditions are compensatory measures for damages and losses suffered by the Company and the Customer. The parties hereto agree that the penalties and deductions applicable to the Writer hereunder are genuine pre-estimates of loss suffered by the Company and the Customer.
We maintain a policy of non-discrimination, and actively welcome all qualified persons to apply for a writing position. Our only objective is to seek excellence in the work we perform for our Customers.
You agree that you are solely responsible for the content of any Paper submitted to the Company and / or its Customers. You also agree to indemnify and hold harmless the Company, its owners and employees with respect to any claims based upon the submissions to the company and / or its Customers.
These Terms and Conditions constitute a binding agreement for provision of services and not employment agreement and the Writer shall be fully responsible for and shall indemnify the Company in respect of:
- any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the services, where the recovery is not prohibited by law. The Writer shall further indemnify the Company against all reasonable costs, expenses and any penalty, fine or interest incurred or payable by the Company in connection with or in consequence of any such liability, deduction, contribution, assessment or claim other than where the latter arise out of the Company's negligence or wilful default;
- any liability arising from any employment-related claim or any claim based on worker status (including reasonable costs and expenses) brought by the Writer or any other party against the Company arising out of or in connection with the provision of the services and delivery of work hereunder.
LIMITATION OF LIABILITY
THE COMPANY WILL 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. NOR IS IT LIABLE 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 ASSIGNEE OF THE COMPANY OR THEIR AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THIS INCLUDES, 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.
These Terms and Conditions and any dispute or claim arising out of or in connection with them, subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Cyprus.
MODIFICATION OF TERMS
These Terms and Conditions may be changes, amended or modified by the Company at any time without prior notice. The Writer should regularly check the Website for any changes or amendments to these Terms and Conditions. The Company has no obligation to inform the Writer on any changes or amendments introduced to these Terms and Conditions. The Website might 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 acceptance of the change.
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.
You can get in touch with us through the “Support” section in your account.
- Current version (May 23, 2018)
- Mar 28, 2018
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