Effective as of: March 16th, 2023
Please read these Terms and Conditions (these “Terms”) carefully as they govern your use of our services and this website Customwriting.com (our “Site”).
Subject to the conditions set forth herein, we may, at our sole discretion, amend these Terms at any time by posting a revised version on the Site. Any revisions to the Terms will take effect on the noted effective date.
Service Provider. The contents on this Site are provided by CLARKETIC OÜ (hereinafter referred to as “we”, “us”, “our”, “Company”), a legal entity established under the laws of the Republic of Estonia, (Registration number: 16320965) Registered address: Tornimäe tn 7-26, Kesklinna linnaosa, Tallinn, Harju maakond, Estonia, 10145.
2. OUR SERVICES
The services we may provide our clients with on this Site are content writing, editing, proofreading and other related services (the “Services”). The Services include but not limeted to content writing, editing and proofreading, the outcome of these Services you get is a sample paper (the “Product”), which is intended to be used as set out in the Section “Product License” hereof.
3. JURISDICTION LIMITATIONS
As we always tend to comply with all applicable laws, we hereby must inform you that some ways to use the Product and our Services may be prohibited in some jurisdictions.
These jurisdictions may include England and Wales, the Republic of Ireland, the Commonwealth of Australia, New Zealand (the “Prohibited Jurisdictions”).
You are not allowed to use our Services if you are in the Prohibited Jurisdictions. You represent and warrant that you are not residing on the territory of the Prohibited Jurisdictions when ordering Services on our Site. You acknowledge, understand, and agree that we are within our rights to close your account if you violate this Section of the Terms.
4. ACCOUNT REGISTRATION
Most of our Services may require and be accessible only through the personal account registration. When you register an account with us, you will be asked to provide certain information about yourself and set up a password and user name. You agree to provide us accurate information when you create your account. By applying to become a registered user, you consent to us conducting verification and security procedures in respect of the information provided in the registration form.
By registering, you certify that (a) the email address you provide in the registration is accurate and belongs to you or that you have the right to use it; (b) you are an individual 18 years or older who can form legally binding contracts; (c) are legally qualified to enter a binding contract with us; (d) are not prohibited by law from using the Services; (e) you do not have more than one account; (f) you have not previously been removed from the Services by us, unless you have our express written permission to create a new account.
You are responsible for maintaining the confidentiality of your password and for any and all activities that occur under your account. You accept to immediately notify us in all cases of unlawful use of your account, including any kinds of break of safety. We shall not be accountable for any loss and/or harm rising from your inability to follow these provisions.
We reserve the right to at any time, at our sole discretion, to modify, suspend, refuse or discontinue the Service or account registration to any client for any reason, including for reasons of your breach of these Terms. You agree that we will not be liable to you or to any third party for any modification, suspension, refusal or discontinuation of the Service.
5. USER CONTENT
This Site may enable you to submit, upload, post, display, communicate or otherwise publish content, such as profile information, screenshots, comments, testimonials, images, files, third party URL links, and other materials of any type on or to the Site (the “User Content”).
You must ensure that any User Content you provide to us (in particular those you provide/upload as a reference or source material) do not infringe the intellectual property or other rights or any other person or violate any applicable laws.
We do not generally investigate any User Content for accuracy or reliability and do not guarantee that User Content is accurate. The writers’ rankings made based on users’ feedback are produced by our system automatically without analyzing the substance of testimonials. You are solely responsible for your User Content, including the accuracy thereof, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. We are not legally responsible for any feedback or comments posted or made available on the Site by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, we reserve the right (but is under no obligation) to remove posted feedback or information that, in our sole judgment, violates the Terms or negatively affects us, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests. You acknowledge and agree that you will notify us of any error or inaccurate statement in your feedback results and that if you do not do so, we may rely on the accuracy of such information.
User Content License. By submitting your User Content to this Site, you hereby grant us a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, transmit, store, display, reproduce, perform, modify, adapt, publish, translate, sell, offer for sale, and create derivative works from your User Content in any form, media or technology, whether now-known or hereafter developed, and otherwise use your User Content in connection with the operation or use of this Site or the promotion, advertising or marketing of this Site or our business.
You agree not to contest any modifications made by us and hereby waive any claims with respect thereto.
To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you submitted.
6. ORDER PROCESS
To access most of our Services and receive Products, you need an account on our Website. You are solely responsible for updating your account details in case of any changes.
To place an Order, you will need to provide some basic information which specifies the scope of work and delivery terms (Order Details). Requirements to Order Details depend on the Order and will be clarified through the Order Form while placing the Order. You are responsible for providing all the significant materials and clear requirements in the Order Details and Order Form. You can correct Order details any time before submitting. When placing an Order, you agree to buy the Product. To see the full information about the Order payment terms, check our Payment Policy.
We reserve the right to re-check the Order Details after the payment to confirm whether the requirements of the Order Details have been successfully met. In case of non-compliance, we reserve the right to suspend the execution of the Order until such mismatches are corrected.
You can track the Order’s progress using your account, and you are encouraged to contact our Support Team for assistance with an Order’s delivery.
Order Revision. You can request a limitless number of revisions any time before the Order is completed. However, even once the funds have been released to the writer, you may request a free revision within the following time frames:
- for Products of up to 10 pages – within 14 days after the funds release;
- for Products with more than 10 pages – within 30 days after the funds release.
To proceed with the Product revision, you will be asked to provide extra time or to extend the deadline (minimum 24 hours are needed to complete the Product revision).
Please note that if you provide any additional data (including materials, documents or sources) once the Product is ready, you will need to make an additional Order or contact our Support team to amend the current one. You will have to pay additional costs in both cases.
We recommend monitoring your profile and emails to timely address any requests, remarks or comments regarding your Order. We are not responsible for the availability of delivery channels which are beyond our control, e.g. incorrect email addresses, spam filters, internet outages and other contact means.
7. BONUS PROGRAM
With a view to facilitate the interactions on the Site and for our users convenience, we have introduced a Bonus Program. You are provided with a bonus account (the “Bonus Balance”) by default as a part of your profile functionality, and the bonuses used as internal means of payment within the Site (“Bonus Points”) can be accrued thereto.
One Bonus Point accrued:
(i) in course of partial refund (either for the order or value added services (VAS)) – is equal to one currency unit used for the order payment;
(ii) in any other case – is equal to one currency unit to be used for the order itself.
Bonus Points can be used as a payment means within this Site (subject to the exclusions listed below).
Bonus Points cannot be used:
(i) to pay for additional benefits and services offered via the Site (e.g. subscription, any VASes – if applicable);
(ii) for transferring to the user account(s) in bank(s), payment system(s) etc. as currency units.
Unless used within one calendar year following the date of accrual to Bonus Balance, the Bonus Points shall be withdrawn from Bonus Balance by us.
8. SUBSCRIPTION-BASED SERVICES
On our Site we may offer you to buy certain subscription-based Services. To see the full information about our subscription-based Services, if applicable, please check our Subscription Rules.
We allow you to request a Refund if you consider that the Product was accomplished below the standards and requirements set out in the order form. To see the full information about our Refund terms, check our Payment Policy.
10. PRODUCT LICENSE
By placing an order and ordering Services that result in providing you with the Product on our Site, you are hereby granted a license to use the Product as specified hereof (the “Product License”).
Under the Product License upon the Product delivery, you are granted a non-exclusive, limited, non-transferable right to use the Product for your personal purposes (including educational ones) in non-commercial manner without any further distribution.
You are not assigned any copyright, and we keep full copyright in any Products delivered to you.
You agree that copying the Product; issuing copies of the Product to the public; communicating, renting or lending the Product to the public; passing the Product as your own development are restricted acts. Indeed, you can use the Product as a supplementary source for getting acquainted with a particular topic; for referencing; for making your own research and getting ideas to reflect in your own copyrighted development, etc. You can find more information on how you may use the Product in our Fair Use Policy.
Neither we nor any of our affiliates and/or partners shall be liable for your inappropriate, illegal, unethical, or otherwise wrongful use of the Product by you. This includes plagiarism, expulsion, academic probation, loss of scholarships / titles / awards / prizes / grants / positions, lawsuits, poor grading, failure, suspension, or any other disciplinary or legal actions.
All rights granted to you under the Product License shall terminate immediately upon your breach of any part of these Terms. You are responsible for all damages and losses that we may suffer as a result of any unauthorized use of the Products.
You acknowledge that we are the sole and exclusive owner of the intellectual property for the Product, and you shall do nothing inconsistent with such ownership, except as provided under the Product License.
11. PROPRIETARY RIGHTS
Excluding your User Content, you acknowledge that the Site and all of its content (the “Site Content”), including but not limited to source code, scripts, design of and “look and feel”, HTML code, web apps, artwork, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, are either the proprietary content of the Company, or are the proprietary property of the our affiliates or licensors. All copyright and other intellectual property rights in the Site Content either are possessed wholly by or are licensed to us.
All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors. The provision of the Site and Service does not transfer to you or any third party any rights, title or interest in or to such Site Content.
You are not allowed to change, publish, issue or otherwise replicate any Site Content without prior receiving our written consent. Any unauthorized copying, alteration, distribution, transmission, performance, display, or alternative use of the Site Content is prohibited.
12. REFERRAL PROGRAM
We offer you the opportunity to earn rewards by referring friends to try our Service. To see the full information about our Referral Program, check our Referral Program Terms.
13. PERSONAL INFORMATION SHARING
You are not allowed to share any personal information or discuss personal matters that are not connected with ordered Services. You should inform our Support Team about any case of requesting such information by our partner or affiliate person.
14. NO WARRANTIES
THE SITE AND THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SITE, OR THE SERVICE, AND THE PRODUCTS AND SERVICES OF OTHERS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE MAKE NO GUARANTEE THAT THE CONTENT OF THE SITE IS UP-TO-DATE, ACCURATE, RELIABLE OR COMPLETE, AND YOU SHOULD NOT RELY ON OR ASSUME THE ACCURACY OR AUTHENTICITY OF ANY SUCH CONTENT. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS WILL BE FREE OF INTERRUPTION OR DEFECTS, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. BY YOUR USE OF THE SITE, THE SERVICE, OR THE PRODUCTS AND SERVICES OF OTHERS, YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF SUCH IS AT YOUR OWN RISK. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OF THESE TERMS. NOTHING ON THIS SITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, MANAGERS, OFFICERS, REPRESENTATIVES, (THE “COMPANY PARTIES”) BE LIABLE FOR ANY INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR ANY OTHER DAMAGES RELATED TO: (A) THE SERVICE; (B) SITE CONTENT OR THE PRODUCTS; (C) CLIENT CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’ TECHNICAL OPERATION; OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO THE COMPANY IN THE PAST SIX MONTHS, OR $200, WHICHEVER IS GREATER. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH THE COMPANY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You are solely responsible for all of your activity in connection with the Service. To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from (a) your use or misuse of the Service, the Site or Products; (b) your access to any part of the Service, (b) any claim or damages that arise as a result of any of your User Content, (d) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights, or (e) otherwise from your violation of these Terms or any applicable law, rule or regulation.
You will cooperate as fully required by us in the defense of any claim. These indemnity obligations shall survive any expiration or termination of your relationship with the Company.
17. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and all claims or causes of action (whether in contract, tort or statute) that may be based upon, arise out of or relating to these Terms shall be governed by, and enforced in accordance with, the laws of the laws of the Republic of Estonia.
All disputes related to these Terms shall be resolved by negotiations between the parties, which agree to make all efforts to resolve the dispute. If the Parties fail to reach consent, the disputes shall be resolved by the courts of Estonia that shall have jurisdiction to settle any suit, dispute, action or other proceedings relating to these Terms.
Entire Agreement. These Terms set forth the entire agreement and understanding between you and the Company relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. YOU REPRESENT THAT YOU HAD AMPLE TIME TO REVIEW AND DECIDE WHETHER TO AGREE TO THE TERMS. If an ambiguity or question of intent or interpretation of the Terms arises, no presumption or burden of proof will arise favoring or disfavoring you or the Company because of the authorship of any provision of the Terms.
Severability. Unless otherwise stated in these Terms, should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by law. Any failure by us to enforce the Terms or any provision thereof shall not waive our right to do so.
Third party websites. The Site may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement or recommendation by us. You agree that you access any such website at your own risk, and that such site is not governed by the terms and conditions contained in this Agreement or the other Terms of Service. We expressly disclaim any liability for these websites. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies.
19. CONTACT US
You may contact us with any questions, clarification requests and discussion on Services provided and these Terms:
Tornimäe tn 7-26, Kesklinna linnaosa, Tallinn, Harju maakond, Estonia, 10145