Studybay User Agreement

01/23/2024

These Terms of Use ("Agreement") are a legally binding agreement between the user ("Client" or "Expert", both “Users”) of the Studybay Services described herein and PANIMPEX LTD, a company incorporated under the laws of Cyprus, registered number HE 435789, having its registered address and address for correspondence at 25 Martiou, 27, D. Michael Tower, office 105A, ‘Egkomi, 2408, Nicosia, Cyprus ("Studybay", "Platform"). Acceptance of payments on and execution of payouts from the Platform are ensured by PANIMPEX LTD or any other company of the group, which engage respective payment institutions depending on the payment method and the type of service chosen by the User.

Please make sure that you fully understand the contents of this Agreement. If you have any doubts about any of your rights and obligations resulting from your acceptance of this Agreement, please consult us or obtain legal support.

ACKNOWLEDGEMENTS AND ASSUMPTION OF RISKS

BY CREATING AN ACCOUNT ON THIS PLATFORM EXPERT ACKNOWLEDGES HAVING READ, UNDERSTOOD, AGREED WITH ALL THESE TERMS AND CONDITIONS AND AGREES TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.

BY ORDERING A PROJECT ON THIS PLATFORM, CLIENT ACKNOWLEDGES :

- (S)HE IS NOT A CITIZEN OR RESIDENT OF THE UK OR AUSTRALIA, WASHINGTON, MASSACHUSETTS, CONNECTICUT, CALIFORNIA OR ANY OTHER PERSON SUBJECT TO EITHER SKILLS AND POST-16 EDUCATION ACT 2022 (UK) OR TERTIARY EDUCATION QUALITY AND STANDARDS AGENCY AMENDMENT (PROHIBITING ACADEMIC CHEATING SERVICES) ACT 2020 (AUSTRALIA) OR WASHINGTON ADMINISTRATIVE CODE (WASHINGTON), CAL. CODE REGS. TIT. 5 § 41301 (CALIFORNIA), CONNECTICUT GENERAL STATUTES, §53-392A2.

ASSUMPTION OF RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLIENT ASSUMES ALL RISK AND LIABILITY FOR THE RESULTS OBTAINED BY THE USE OF ANY MATERIALS OR A PROJECT IN THE PRACTICE OF ANY PROCESS, WHETHER IN TERMS OF LIABILITY FOR FRAUD, BREACH OF POLICY OR A CONTRACT, GENERAL EFFECTIVENESS, SUCCESS OR FAILURE, AND REGARDLESS OF ANY ORAL OR WRITTEN STATEMENTS MADE BY EXPERTS OR STUDYBAY, BY WAY OF TECHNICAL ADVICE OR OTHERWISE, RELATED TO THE USE OF THE PROJECT.

In this Agreement, the following definitions are used:

"Expert" means an individual registered on the Platform Studybay with an account classified as “Expert”.

"Client" means an individual registered on the Platform Studybay with an account classified as “Client”.

"Credit" means the funds available for use in a user’s account.

"Bonus credit" means the funds added to Client’s account by Studybay without any charges. Studybay may grant Bonus credit to Client at its discretion. Bonus credit is reflected in Points (pts).

"Studybay" or "Platform" means the website located at https://studybay.com/.

"Price" means a payment that Client makes in the amount determined by Expert.

"Service fee" means the fee Studybay charges for Services. Services include but are not limited to ensuring security of the transactions, technical maintenance of the file servers of the Platform and customer support. Service fee is calculated as percentage, based on Price and types of service as follows:

For a Project - up to 40 % Service fee.

For such Additional services as Presentation, Speech, Abstract page – 40 % Service fee.

For the Tip – 30 % Service fee.

"Expert’s Ranks"

There are five ranks allocated to Experts:

  • Newcomer
  • Scholar
  • Expert
  • Savant
  • Sage

Expert can steadily increase his or her rank achieving different goals and receiving more benefits and rewards.

"Transaction fee" means a payment charged by Studybay for withdrawal or deposit of funds through the payment institution chosen by a User.

"Project" means an individualized product of intellectual work created by an Expert with the prompt or instruction from Client for the purpose of limited use by the Client for their tasks through Studybay as defined herein.

"Exclusive rights" means both the limited license to use the Project by the Client and ownership rights of the Expert in the Project.

"Services" means technical services provided by Studybay for users to organize their interaction on the Platform for the purposes of creating Projects on various thematic orientations (articles, materials, illustrations, written opinions, etc.), and to facilitate online consultations on a given topic, including support services on the Platform.

"Additional services" mean the directive materials ordered by Client in addition to Project. There are 5 (five) categories of Additional services:

  • Presentation materials – directions on presentation of the Project (usually provided in pptx or pdf format) ;
  • Speech materials – directions on the speech accompanying Project which shall be provided by Expert;
  • Abstract page materials – direction on brief description of Project which shall be provided by Expert;
  • Hide project function – Studybay service implying that Project is for exclusive use by the Client and upon its completion Project will neither be among other Projects made on Studybay and available via the links https://loop.studybay.com/ nor on the list of Finished Projects in Expert’s profile.
  • Extended warranty – Studybay service of extending the warranty period for Project from 10 days to 20 (not applicable to Studybank Projects).

Additional services provided to Client by Expert (not Studybay) and are subject to Service fee established hereunder.

Hide project function services are subject to a fixed fee of $ 10.

Extended warranty fee constitutes 10% from the rounded-up Expert’s bid.

"Tip" means an additional payment to Expert for Project directions (amounts of $ 5, 10 or 20 are available).

"Studybank Projects" – ready made projects information bank in the text, graphic or other form, posted in the “Studybank” by an Expert or a Client on https://loop.studybay.com/ and sent upon payments to its buyer on the e-mail address specified by him/her during registration on the Platform.

"Points" (pts)– payment units intended for presentation of Client's balance, Bonus credit and transactions made by Client. One Point (pts) equals 1 US dollar.

1. TERMS OF USE

1.1 A project provided by Expert is a written opinion on the issue of interest to Client in the format specified by Client, or written or oral consultation provided to Client (including in the form of tutoring). Projects are to be used by the Client for the purposes of creating works within the study, research or other academic activity, but not as ready-made works for the purpose of their submissions to educational institutions, or as ready-made business solutions for a commercial research or the research funded by a state. Projects can be used as a source of information and materials containing a subjective assessment of Experts on the issue, and, as a result, are an additional tool for Clients in solving tasks assigned to them, helping Clients to prepare for their independent implementation. Projects can be used as samples for subsequent independent fulfillment of the task by Client, or as a source of borrowing within permissible limits. Limited rights to use the Projects are granted to the Clients, while the authorship belong to Experts, is inalienable and cannot be hidden anywhere.

1.2 User shall not:

1.2.1 use of profanity, offense, spreading malware, discrimination of all types, insulting religious beliefs, publication of materials that violate the rights of others (including plagiarism) and any other actions, which break the laws of the United States, UK, Australia and/or the Republic of Cyprus;

1.2.2 exchange of contact information between any users (including e-mail, skype id, telephone numbers, etc.) for communication outside of the Platform. If Studybay administration detects any attempts to share contact information or acceptance of someone else’s contact information, the accounts involved will be banned;

1.2.3 breach any policy, state or federal law by way of use of the Project.

1.2.4 Transfer Studybay account or grant access to Studybay account to any third party. The formal account holder is responsible for any violations of the Agreement and any other illegal actions and bears all the risks and consequences arising from such actions. Studybay reserves a right to terminate an account suspected of having been transferred to a third party, at its own discretion.

1.2.5 if the User is an Expert, repeatedly violate any rule, ignore Project’s instructions, deadlines, refuse to make necessary corrections within the allotted time, provide plagiarized or poorly written materials , or show inappropriate, unprofessional, and aggressive behavior toward Client and/or Studybay administration, in which case Studybay administration has a right to temporarily or permanently ban Expert’s account or restrict it from taking new Projects.

1.3 During registration, an Expert or Client must provide genuine, accurate and complete information, as well as maintain this information up to date. If a user provides false information during registration on the Platform, and/or Studybay has reasonable grounds to believe that the information provided by an Expert or a Client is false, inaccurate, or incomplete, Studybay has the discretion to cancel Expert’s or Client’s registration on the Platform by blocking and/or delete such account.

1.4 Studybay has a right at any time at its discretion to request a confirmation of their personal information from Expert or Client (for example, documents confirming identity of the user), provided by Expert or Client during registration on the Platform, and preventively block the account until the request is fulfilled. Studybay has a right to have access to any information placed on the Platform, including any conversations and personal data in the user's account. If Expert or Client does not provide the requested information and/or supporting documents within 7 calendar days, Studybay has a right to leave the suspicious account permanently blocked.

1.5 To log in to an account, an Expert or Client must enter the email address and the password selected or generated during registration on the Platform.

1.6 Experts and Clients agree to protect confidentiality of information used to access their accounts. Experts and Clients also agree to immediately notify Studybay of unauthorized (carried out by a third party without consent) access to accounts, using their email addresses and passwords, and/or of any other breach of (suspected of violating) confidentiality of their email addresses and passwords.

1.7 Studybay may at its discretion and without giving a reason block or delete Expert’s or Client’s account.

1.8 Users agree and acknowledge that the Platform is not a party to any agreements, arrangements and contractual relationships that may arise between users of the Platform. A user does not enter into an employment relationship with the Platform and is not an employee of Studybay.

Licenses

1.9 Limited rights to use the Project materials shall be granted to the Client when the status of Project changes to “Completed”. If the status of Project changes to “Completed” as a result of a full refund in favor of Client, then no such license is granted. The license to use Project shall not be limited in time, and is for exclusive use by the Client.

Limited rights to use the Studybank Project shall be granted when the Client pays for the Studybank project. The license to use the Studybank Project shall be granted for the following purposes: familiarization with Studybank Project, processing and reproduction of Studybank Project. The license to use Studybank Project shall be granted for the time of Project use and terminates simultaneously with the license to use the Project.

1.10 Clients hereby grant Studybay a unlimited non-exclusive royalty-free license to use Projects which have been completed no later than 1 (one) year ago by posting them on the page “Latest Projects” at https://loop.studybay.com/ for reference purposes.

2. Homework Help, Study Guide and Note Usage

EXPERT'S HOMEWORK HELP, STUDY AND NOTE SERVICES ARE AVAILABLE MERELY AS INFORMATIONAL AND STUDY AIDS AND SHOULD NOT BE CONSIDERED SUBSTITUTES FOR APPLICABLE COURSEWORK, HOMEWORK, CLASS AND LECTURE REQUIREMENTS, ASSIGNMENTS, AND RELATED MATERIALS. IN USING THE SERVICES, YOU SPECIFICALLY AGREE NOT TO USE, CLAIM, OR SUBMIT AS YOUR OWN ANY PORTION OF THE HELP MATERIALS. STUDYBAY DOES NOT GUARANTEE THE ACCURACY OR QUALITY OF ANSWERS OR OTHER STUDY MATERIAL THAT APPEAR ON THE SERVICES. YOU FURTHER AGREE THE SERVICES MAY PRESENT INFORMATION THAT IS INCORRECT OR INCONSISTENT WHEN COMPARED TO SIMILAR CONTENT AND MATERIALS, INCLUDING SOLUTIONS AND THEIR METHODOLOGIES, PROVIDED, OR PREFERRED BY PUBLISHERS OF APPLICABLE PROBLEMS OR INSTRUCTORS OF APPLICABLE COURSES.

3. PROJECTS, STUDYBANK PROJECTS AND DELIVERY POLICY

3.1 Experts must confirm working on a Project within a specific time period (12 hours), or the Project will be returned to an auction. In this case Expert's rating may be reduced. Client also has an option to decline selected Expert and hire another one if the originally selected Expert does not confirm the Project within 3 (three) hours.

3.2 Clients and Experts are able to chat on the platform throughout the whole process of completing Project and for one month after Project has been finished.

3.3 As a part of Services, Expert is obliged to comply with the deadline and fulfill instructions for Project specified by Client. Instructions, which have been given to experts in the chat, take priority over instructions posted in the "Instructions" section on the Project page; while the "Instructions" section takes priority over instructions initially specified in Project parameters (Project Details section).

3.4 The quality of the Project provided by Expert must meet requirements specified in Project.

3.5 Experts may not include information and materials in the Project from third-party sources without adding a reference to the source of such information or materials. E-books and websites on the Internet used as reference information and source materials must not constitute more than 30% of Project, unless otherwise requested by Client.

3.6 Projects along with Additional services of Presentation, Speech or Abstract page materials are delivered to Client via Platform in the chat with Expert in the form of an attached file. Experts are notified of the fact of Project delivery via email. Delivery time is based on the deadline set by Client. The clock for delivery time starts at the time when Project is successfully accepted and paid.

3.7 Studybank Projects are delivered via the Platform and can be downloaded directly upon completion of the payment or sent to the e-mail address specified by the buyer during registration on the Platform under his/her request.

3.8 Client's instructions for the Project must be clear and accurate. If such instructions are unclear and Client does not add necessary instructions within a required timeframe, such Project cannot be completed. In this case, a full refund will be issued in favor of the Client upon his/her request, without any penalties for Expert.

3.9 Any revisions requested for Project that are under warranty period must fall within Client’s initial instructions for Project. Any substantial changes to initial instructions will be considered editing. Editing is an additional service – in this case Expert may decline to carry out a revision or offer his/her editing services for additional charges.

3.10 Minimum possible deadline for any Project is 12 hours, maximum – 8 months.

3.11 Expert’s remuneration in any case cannot be calculated on the basis of a rate which is less than $ 6 per page of Project material.

4. PAYMENTS ON STUDYBAY

4.1 Price for Project includes Service Fee, Transaction fee and Expert’s remuneration and is shown to Client after choosing Expert and before submitting a payment on Studybay. Price for Studybank Project includes Service Fee, Transaction fee and remuneration to the seller of such Studybank Project (registered as Expert or Client).

4.2 Clients can make a payment through the following payment institutions on the Platform: VISA, MasterCard or PayPal.

4.3 Client transfers 100% of the amount due for the Project (total price including Service Fee, Transaction Fee and Expert’s remuneration) at the stage of hiring Expert. Payment from Studybay to Expert shall be made within 10 (ten) calendar days (unless the warranty period is extended to twenty (20) days under Extended warranty service) after Expert’s submission of the final material, in absence of complaints or requests for revision.

4.4 Client transfers 100% of the amount due for the Studybay Project (the total price including Service Fee, Transaction Fee and seller’s remuneration) at the stage of its purchase. If during the warranty period the buyer has not made any claims regarding its content and quality, the amount of payment for Studybank Project is automatically transferred to the seller from the funds reserved on the account of the latter.

4.5 The amounts credited to Client’s account on the Platform or paid for the Projects / Studybank Projects are reflected in Points (pts).

4.6 The status of Project changes to “Under warranty” when Expert uploads the final and complete version of Project. If the final version of Project is uploaded before 80% (eighty percent) time passed to deadline, the status of Project may change to “Under Warranty”, provided there is Client’s consent.

4.7 In case the status of the Project is “Under warranty” and Project has been evaluated by Client for not less than 4 points, or in case Project is in the status “Completed” Client may at his/her discretion choose to leave Tip to Expert. The Tip cannot be paid using Bonus credit.

4.8 Client and Expert may not disclose payment information to other users. Clients shall not make payments in any amount related to preparation and completion of Project to Expert, directly or indirectly, in any way other than through the methods provided by the Platform. Studybay reserves a right to block or delete a user's account, if that user has been attempting or intended to pay for such services outside Studybay.

4.9 Bonus credit granted to any Client does not have a real monetary equivalent outside the Platform, and thus may only be used for purchasing Projects (but not Studybank Projects) on Studybay. Withdrawal of the bonus credit to accounts outside Studybay is prohibited. In case of a refund, the bonus credit may not be reimbursed.

4.10 Bonus credit may only be used to pay for up to 30% of the total price of a single Project plus the fee for Additional services (if applicable) when hiring Expert. Studybank Projects cannot be paid using Bonus credit.

4.11 At the stage of payment for Project bonus credit is used automatically, thus requiring no additional actions from the user.

4.12 Payment for license to use Studybank Project shall be included in the Price and constitutes 10% of it.

4.13 Users may only pay for Projects and Studybank Projects using the options provided by http://studybay.com/. It is forbidden to transfer payments outside Studybay (online wallets, bank cards, mobile phones, etc.) directly to Experts.

5. TERMS OF WARRANTY SERVICE

5.1 In case of Client’s reasonable remarks and complaints about quality of Project, Client is entitled to request necessary adjustments to Project to be carried out by Expert within stated warranty period of ten (10) calendar days (unless the warranty period is extended to twenty (20) days under Extended warranty service) after the status of Project changed to “Under Warranty”. If Client requests a revision for Project, the status of that Project changes to “In Revision”.

For short-term Projects (with deadlines of 12 hours or less) the warranty period is set for 3 (three) calendar days and cannot be extended under Extended warranty service.

5.2 If necessary, Clients may request corrections for Project during the last days of warranty period. If Client requests a revision less than 3 calendar days before warranty period for their Project expires, warranty period may be extended to more than 20 days upon Client's request. This process may be repeated any number of times, if necessary.

5.3 Expert has up to 3 days to make any amendments or corrections to Project while it is in Revision, if the initial deadline set up by Client was more than 3 days away. If the deadline was less than 3 days away, the Expert has 24 hours to make amendments. If Client is not satisfied with the result of Expert’s revision, he or she may request additional revisions.

5.4 Clients may request a refund for Project or Studybank Project and corrections to Project only within the warranty period, in accordance with the provision 5.2 of the Agreement. If Client does not request a refund within warranty period, Project or Studybank Project is considered completed, in accordance with all the requirements set by Client.

5.5 In cases where Client accepts a Project before the end of warranty period, both Expert and Studybay are exempted from their warranty obligations (not applicable to Studybank Projects). Thus, as soon as the status of Project changes to ‘Completed’, Expert has a right to decline carrying out a revision for a Project requested by Client, and Studybay has a right to decline request for refund.

5.6 Expert who uploads Project on the Platform confirms that they own Exclusive rights for uploaded Project, and are fully liable in case of violation of Exclusive Rights of third parties.

5.7 The seller of Studybank Project by uploading it to “Studybank” confirms that he/she has the Exclusive Rights to this Studybank Project and bears full financial responsibility in case of violation of Exclusive Rights of third parties.

6. PROJECT REFUND POLICY

6.1 Client’s claims for refund due to unsatisfactory quality of Project are to be resolved through a mutual agreement between Client and Expert. If it is impossible to resolve a dispute through negotiations, Studybay has a right at its discretion to assess the quality of Project and issue a full or partial refund to Client, or decline the request for refund. The deadline for consideration of the disputed situation should not exceed 3 business days. The present provision shall not apply to Studybank Projects.

6.2 In order to request a refund for the Project, Client must send a written complaint with a description of the problem using the form located on the Project page for Project with “Under Warranty” status. Refund requests carried out through the means other than the special form on Studybay’s Project page are not eligible for a refund.

6.3 Studybay reserves a right to decline to provide Services for anyone suspected of misusing the Platform or participating in a fraud, and reserves a right to cancel any Project at its discretion under this User Agreement.

6.4 Studybay reserves a right to cancel Project with any status, including completed Projects, if there is enough evidence that Project has been completed as a result of a fraudulent transaction. In such cases, all the funds acquired by users may be put on hold until requested by the genuine cardholder.

6.5 If Studybay issues a 100% refund for Project to Client, Studybay also reimburses Service fee.

6.6 Studybay issues a 100% refund to Client in the following cases:

6.6.1 if Expert does not upload the final version of Project before the deadline, while Client does not accept the delayed Project. In cases when Client accepts the delay by stating so in the conversation, by requesting a revision, or by admitting they have otherwise benefited from Project, Project is considered delayed, and may be subject to a partial refund.

6.6.2 if Project or Studybank Project is plagiarized or contains signs of usage of technical means to bypass similarity detection software, including, but not limited to usage of invisible characters and word spinning. Project or Studybank Project is classified as plagiarized, if it is possible to clearly identify a source or multiple sources used by the author, and these sources have not been cited in accordance with required format.

6.6.3 if the Project covers a topic that is completely different from the topic requested by the Client.

6.6.4 If the Quality of the Project is extremely poor, the Project contains a high amount of errors, which makes that Project not revisable. Studybay determines whether the quality of the Project is high enough to be considered revisable.

6.6.5 if the Expert uploads the final version of Project that does not satisfy the initial instructions provided by Client to a major extent.

6.6.6 if the Studybank Project does not correspond to the description provided by its seller as part of the offer to purchase Studybank Project (in terms of topic, number of pages etc.).

6.6.7 if the Client reconsidered his decision and decided not to use Services and order Project after depositing funds on his Studybay account.

6.7 Studybay may issue a partial refund, split in any percentage between Client and Expert if Expert did upload Project to the Platform, but did not act upon making corrections in accordance with Client’s requirements. A partial refund may also be issued if Expert uploads materials of satisfactory quality, fulfilling all the critical instructions, but if the materials contain minor errors and inconsistencies that can be properly corrected. Studybay reserves a right to decline a refund to Client, if that Client has not previously requested a revision for this Project. Partial refund may be issued to Client in other cases indicated in this Agreement.

If Studybay issues a partial refund for Project to Client, Service fee is not reimbursed.

6.8 In all cases described in this Section:

6.8.1 Studybay issues refunds to Client’s account on the Platform excluding the provision 5.6.7

6.8.2 Client cannot apply for a chargeback instead of a refund.

6.9 In case a refund request is approved, the funds are returned to the Client's Studybay account immediately. These funds can be used to pay for other Projects, Studybank Projects, Additional services and Tips. In case the Client wishes to get the funds back to his/her bank card or Paypal account, the latter should withdraw them (this option is available on the Balance page).

6.10 Studybay administration has a right to decline a Client's request for a refund for Project if he or she has not requested any corrections before demanding a refund. If Expert is consistently online and is ready to make corrections, Client must send the Project for a revision at least once.

Notwithstanding anything in this agreement to the contrary, in case of any dispute between the users about Refund or existence of the conditions for it, the parties agree the Studybay shall have exclusive authority to (a) determine if Client is entitled to Refund and (b) resolve any such dispute within its authority, related to the interpretation of this Refund policy including, but not limited to, had any condition to refund or partial refund occurred.

7. SERVICE FEE

7.1 Studybay provides paid Services. Users may discontinue their use of any Services at any time in accordance with this Agreement. The date and time of any cancellation of Services shall be the date and time at which a user stops using Studybay’s Services. Service Fee is not refundable in whole or in part as Services are considered already provided by Studybay to a user. In cases when a Client did not order a Project on Studybay, Service fee is not applied.

8. CANCELLATION OF PROJECT

8.1 Either Client or Expert may cancel Project as long as the status of Project is “In Progress”. After successful cancellation of Project, the status of Project changes to “Auction”.

8.2 Cancellation of Project may be requested on the Project page, by mutual agreement between Expert and Client - the receiving party has a right to decline the request for the cancellation of Project. The cancellation of Project is available only if the receiving party confirms the request for the cancellation of Project.

8.3 If Expert confirms the request for the cancellation of Project, Client is entitled to receive Price for Project and Service fee.

8.4 Cancellation may be requested only 3 (three) times, accounting for both requests for cancellation of Project filed by Expert or Client, combined.

9. DEPOSIT/WITHDRAWAL OF FUNDS, TRANSACTION FEE

9.1 Users on Studybay may transfer credit from their Studybay account to their personal account or debit/credit card, using only the payment methods provided on the Platform. Such transfers are called Withdrawals. Users can not apply for chargeback in Project to withdraw credit from their Studybay accounts to their personal account or debit/credit card. For the purpose of withdrawal, only the methods provided by Studybay may be used.

9.2 Each payment institution disputing chargeback initiated by a user imposes a fee for the consideration of the chargeback. Studybay reserves the right to debit the issued fee to the Studybay account of a user at any time after the user applies for the chargeback.

9.3 A user may withdraw funds using one of the payment methods provided by Studybay, and pay a Transaction fee. The total amount of the Transaction fee is communicated to the User on the withdrawal page, next to their chosen method for withdrawal, before withdrawal request is submitted.

9.4 Withdrawal applications with respect to the amounts kept on the Studybay account are processed manually during working hours which usually takes approximately 3 business days. After withdrawal is processed, it might still take some time for the money to hit the account, as it depends on the payment system or bank used.

9.5 A user also pays Transaction fee when depositing funds using one of the payment methods provided by Studybay. The total amount of the Transaction fee is communicated to the User on the payment page, next to their selected method for deposit, before deposit request is submitted.

9.6 Client may deposit funds into its Studybay account for a further use on Platform. In the Project to withdraw this credit, they may only use the methods provided by Studybay. In case of the situation described in the provision 5.6.7 Client shall apply for the refund.

10. PREMIUM PROJECT OPTION

10.1 Premium Project Option will visually emphasize and pin your Project at the top of the auction among other Projects.

10.2 The cost of Premium Option is 5 (five) USD.

10.3 Projects will be pinned at the top of the list of Projects for 24 hours from the moment Premium Project Option is fully paid.

10.4 The cost of Premium Option is non-refundable in all cases.

11. PARTIAL PAYMENT OPTION

11.1 Partial Payment Option means that Client may pay 30% (thirty percent) of total price for Project plus the fee for Additional services (if applicable) when hiring Expert. After Expert completes Project and uploads it, Client shall pay the remaining 70% (seventy percent) for Project and Additional services (if applicable), plus an additional fee of 10% (ten percent) commission of the total cost of Project and the fee for Additional services (if applicable) to Studybay, for the use of Partial Payment Option.

11.2 Partial Payment Option can be used only for Projects (not Studybank Projects) costing between 20 (twenty) USD and 400 (four hundred) USD.

11.3 Using Partial Payment Option, Client may download the completed Project and any drafts uploaded by Expert only after the halfway stage of the deadline, provided Client completes the second part of the payment. If Client does not settle the second part of the payment within 14 (fourteen) days from the deadline, Studybay reserves a right to block his or her Studybay account until total cost of Project, fee for Additional services (if applicable) and 10% commission for the use of Partial Payment Option are fully paid.

12. INTELLECTUAL PROPERTY

12.1 An exclusive right to all intellectual property posted on the Platform (including the text, logo, images, code, sounds and videos) belongs to Studybay.

12.2 Any Project completed and uploaded by an Expert on the Platform is an object of intellectual property. Studybay shall not be entitled to use Project hosted by Expert including the information and/or other materials for commercial purposes or to transfer it to third parties outside of the Platform.

12.3 Expert and Client undertake not to upload, not to publish, store, provide access to, or otherwise, distribute the information and/or materials that violate rights of any third party. Studybay does not take any responsibility for any violations of rights of third parties, caused by publication by a User on the site of Project of or other materials that violate rights of third parties.

12.4 Use of the Platform content is possible only within its framework functionality, proposed Projects or otherwise service the site. No elements of its services may be used without prior consent of Studybay or copyright holder.

13. DISCLAIMER

Except where prohibited by law, Services and the Platform are provided “as-is” and “as available” and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement. We make no warranty that Services or the Platform (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. We further make no warranties or representations regarding the accuracy or completeness of the content that was uploaded to the Studybay by a User as well as the quality of any product, services, information, and other materials obtained by using the Platform’s Services, except the warranties expressly provided herein.

14. LIMITATION OF LIABILITY

In no event shall Studybay, its officers, directors, employees, or agents be liable to you or to any third party for any direct, indirect, incidental, special, punitive or consequential damages whatsoever arising from or related to either this Agreement or use of Services or the Platform. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the greater of amount, as was deposited by Client in the Platform’s account (if any). The existence of more than one claim will not enlarge this limit. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

15. INDEMNIFICATION

Users will defend Studybay against any claim, demand, suit or proceeding made or brought against Studybay by a third party alleging that any Service infringes or misappropriates such third party’s code of conduct or policy against academic or student conduct, academic fraud or academic dishonesty or similar law, statute or policy, and will indemnify Studybay from any damages, attorney fees and costs finally awarded against Studybay as a result of, or for amounts paid by Studybay under a settlement approved by User in writing of, a Claim against Studybay.

16. FINAL PROVISIONS

16.1 Studybay has the right at any time without notification to Expert or to Client to change the terms of this Agreement. The new wording of the Agreement shall be published on the Platform.

16.2 Expert and Client are responsible for any risk resulting from the new wording of the agreement; when Expert or Client continue to use the service after changes in the conditions of this Agreement is deemed with new wording. The new revised agreement shall enter into force from the date it was published on the Platform, as specified above.

16.3 In the case of disagreement with any changes, as amended by Studybay in the provisions of the present Agreement, Expert or Client are required to discontinue the use of the Platform.

16.4 In the event of disputes arising in connection with the execution of this Agreement, Studybay and Expert or Client agree to make all efforts for the settlement of such disputes through negotiations.

17. DISPUTE RESOLUTION; ARBITRATION

Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires User to arbitrate disputes with Studybay and limits the manner in which User can seek relief from Studybay. This section does not govern disputes between users or between users and third parties. Studybay does not provide dispute resolution services for such disagreements and the parties must resolve those disputes directly.

Applicability of Arbitration Agreement. User agrees that any dispute, controversy, or claim relating in any way to User’s access or use of the Service, to any products sold or distributed through the Service, or to any aspect of User’s relationship with Studybay, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that (1) User or Studybay may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis; and (2) User or Studybay may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuse of intellectual property rights.

Dispute resolution process. User and Studybay both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement.

Arbitration Rules and Forum. To begin an arbitration proceeding after participating in the dispute resolution process, User must send a letter requesting arbitration and describing User’s claim pursuant to section Contacts.

ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE BREACH, TERMINATION OR INVALIDITY THEREOF, SHALL BE FINALLY SETTLED BY ARBITRATION IN ACCORDANCE WITH THE ARBITRATION RULES OF THE SCC ARBITRATION INSTITUTE.

THE SEAT OF ARBITRATION SHALL BE CYPRUS.

THE LANGUAGE TO BE USED IN THE ARBITRAL PROCEEDINGS SHALL BE ENGLISH.

THIS AGREEMENT SHALL BE GOVERNED BY THE SUBSTANTIVE LAW OF ENGLAND AND WALES.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of User and Studybay. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon User and the Studybay.

Waiver of Jury Trial. USER AND STUDYBAY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. User and Studybay are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in the second bullet of this section, above (“Applicability of Arbitration Agreement”). An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class Actions and Class Arbitrations. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A REPRESENTATIVE (INCLUDING, WITHOUT LIMITATION, PAGA) OR COLLECTIVE CLASS BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE USER, PERSON, OR ENTITY CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER USER, PERSON, OR ENTITY. Accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. Without limiting the generality of the foregoing, User and Studybay agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties. If a decision is issued stating that applicable law precludes enforcement of any part of this subsection’s limitations as to a given claim for relief, then that claim must be severed from the arbitration and brought in the state courts located in Cyprus. All other claims shall be arbitrated.

Severability. Except as provided in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Survival of Agreement. This Arbitration Agreement will survive the termination of User’s relationship with Studybay.

Modification. Notwithstanding any provision in these Terms to the contrary, we agree that if Studybay makes any future material change to this Arbitration Agreement, User may reject that change within thirty (30) days of such change becoming effective by writing to Studybay pursuant to the section Contacts.

18. MISCELLANEOUS

18.1 Languages. This Agreement is in the English language, which prevails over any translations of the Agreement to other languages, made by us and provided to you for your convenience. User Agreement is designed in the English language and its translations into other languages may contain inaccuracies for which we shall not bear any responsibility; we suggest using the English version and resorting to versions in other languages only for references and at your own risk. You also agree to have all communications with us in English.

18.2 No Waiver. No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy; and will not be construed as a waiver of any subsequent breach or default under the same or any other provision of this Agreement.

18.3 Other Jurisdictions. We make no representations that Services or the Platform are appropriate or available for use in all locations. Those who access or use Services or the Platform from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.

19. CONTACTS

We are always available to be reached by phone at +1(855)407-77-28, or by e-mail at [email protected]

USER MAY NOT BRING AN ACTION UNDER THIS TERMS LATER THAN ONE YEAR AFTER THE DAY ON WHICH THE CAUSE OF ACTION ACCRUES.

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