These Terms and Conditions ("Agreement") are a legally binding agreement between the user ("Client" or "Expert", both "Users") of the Studybay Services described herein and EDUTEC LIMITED, a company incorporated under the laws of Malta, registered at Tossox Holdings Ltd, Reg. number HE 355390 Registered office Agias Philaxeos 131, office 301, 3083 Limassol, Cyprus.
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.
BY CREATING A PROJECT ON THIS PLATFORM CLIENT ACKNOWLEDGES HAVING READ, UNDERSTOOD, AGREED WITH ALL THESE TERMS AND CONDITIONS AND AGREES TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
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.
In this Agreement, the following definitions are used:
There are five ranks allocated to Experts:
Experts can steadily increase their rank by achieving different goals and receiving more benefits and rewards.
"Transaction fee" means a payment to a payment institution. The transaction fee is charged by Studybay for withdrawal or deposit of funds through the payment institution chosen by a user.
"Project" means a product of intellectual work published or provided by Expert to Client through Studybay.
"Exclusive rights" means the legal right for use and distribution of Project, which is transferred from Expert to Client at the stage where Client accepts Project with the intent of commercial or private use (not applicable to Studybank works). Clients accept and do not deny Experts' authorship, and Experts' right to use their name in the documents.
"Services" means technical services provided by Studybay for users to organize their interaction on the Platform for the purposes of ordering Projects on various thematic orientations (articles, materials, illustrations, written opinions, etc.), and providing online consultations on a given topic and support services on the Platform.
"Additional services" mean the services ordered by Client in addition to Project. There are 5 (five) categories of Additional services:
Additional services that are provided by Expert (not Studybay) to Client are subject to Service fee established hereunder.
Hide project services are subject to a fixed fee of $10.
The extended warranty fee constitutes 10% of the rounded-up Expert's bid.
"Tip" means an additional payment to Expert for Project fulfilled (amounts of $5, $10, or $20 are available).
"Studybank Projects" information expressed in the text, graphic or other forms, posted in the "Studybank" by an Expert or a Client on https://studybay.app/readyworks/ and sent upon its purchase to its buyer to the email address specified by him/her/them during registration on the Platform.
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 for research and study assistance purposes only, but not as ready-made works for their provision to educational institutions, or as ready-made business solutions for commercial use. 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. Exclusive rights to Projects are transferred to Client, while the authorship of Experts is inalienable and cannot be hidden.
1.2 The following is prohibited on the Platform:
1.2.1 Use of profanity, offense, spreading malware, discrimination of all types, insulting religious beliefs, posting materials that violate the rights of others (including but not limited to plagiarism), and any other actions, which break the laws of the United States and/or the Republic of Malta;
1.2.2 Exchange of contact information between any users (including email, skype id, telephone numbers, etc.) for communication outside of the Platform. If Studybay detects any attempts of sharing contact information or accepting someone else's contact information, the accounts involved will be banned.
1.3 During registration, the 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 the 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 the 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, the 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 the 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.
1.9 Exclusive rights for Project are transferred from Expert to Client when the status of Project changes to "Completed". If the status of the Project changes to "Completed" as a result of a full refund in favor of the Client, no transfer of Exclusive rights occurs.
From the moment the Client accepts Studybank Project, the latter is granted the right to use Studybank Project for the entire duration of Exclusive Rights in the following ways: familiarization with Studybank Project, processing, and reproduction of Studybank Project. Remuneration for granting the rights to use Studybank Project is included in Price and constitutes 10% of it.
1.10 It is strictly prohibited to transfer your Studybay account or grant access to your 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 arisen from such actions. Studybay reserves a right to terminate any account suspected of having been transferred to a third party, at its discretion.
1.11 If Expert repeatedly violates any rules, ignores Project's instructions, violates deadlines, refuses to make necessary corrections within the allotted time, provides plagiarized or poorly written papers, or shows inappropriate, unprofessional, and aggressive behavior toward Client and/or Studybay administration, Studybay administration has a right to temporarily or permanently ban Expert's account or restrict it from taking new Projects.
2.1 Expert must confirm working on Project within a specific time period (12 hours), or Project will be returned to an auction. In this case, the Expert's rating may be reduced. The Client also has an option to decline the selected Expert and hire another one if the originally selected Expert does not confirm Project within 3 (three) hours.
2.2 Client and Experts are able to chat on the platform throughout the whole process of completing the Project and for one month after Project has been finished.
2.3 As a part of Services, the Expert is obliged to comply with the deadline and fulfill instructions for the Project specified by Client. Instructions, which have been given to Expert in the chat, take priority over instructions posted in the "Description" section on the Project page; while the "Instructions" section takes priority over instructions initially specified in Project parameters (Project Details section).
2.4 The quality of the Project provided by the Expert must meet the requirements specified for the Project.
2.5 Expert may not include information and materials in 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 the Project unless otherwise requested by the Client.
2.6 Projects along with Additional services of Presentation, Speech, or Abstract page are delivered to Client via Platform in the chat with Expert in the form of an attached file. The Expert is notified of the fact of Project delivery via email. Delivery time is based on the deadline set by the Client. The clock for delivery time starts at the time when the Project is successfully accepted and paid.
2.7 Studybank Projects are delivered via the Platform and can be downloaded directly upon completion of the payment or sent to the email address specified by the buyer during registration on the Platform under his/her request.
2.8 Client's instructions for the Project must be clear and accurate. If such instructions are unclear and the 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.
2.9 Any revisions requested for Project that is under warranty period must fall within the Client's initial instructions for Project. Any substantial changes to initial instructions will be considered editing. Editing is an additional service – in this case, the Expert may decline to carry out a revision or offer his/her editing services for additional charges.
2.10 Minimum possible deadline for any Project is 12 hours, maximum – 8 months.
2.11 Expert's remuneration, in any case, cannot be calculated based on a rate that is less than $6 per page of the Project.
3.1 Price for Project includes Service Fee, Transaction fee, and Expert's remuneration and is provided 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).
3.2 Client can make a payment through the following payment institutions on the Platform: VISA, MasterCard, or PayPal.
3.3 Client transfers 100% of the amount due for 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 paper, in absence of complaints or requests for revision.
3.4 Client transfers 100% of the amount due for the Studybank 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 the Studybank Project is automatically transferred to the seller from the funds reserved on the account of the latter.
3.5 The status of Project changes to "Under warranty" when Expert uploads the final and complete version of the Project. If the final version of the Project is uploaded before 80% (eighty percent) time passed to the deadline, the status of the Project may change to "Under Warranty", provided there is Client's consent.
3.6 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 the 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.
3.7 Client and Expert may not disclose payment information to other users. The Client 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 any user's account if that user has been attempting or intended to pay for such services outside Studybay.
3.8 Bonus credit granted to any Client do 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.
3.9 Bonus credit may only be used to pay for up to 50% of the total price of a single Project plus the fee for Additional services (if applicable) when hiring an Expert. Studybank Projects cannot be paid using Bonus credit.
3.10 At the stage of payment for Project bonus credit is used automatically, thus requiring no additional actions from the user.
3.11 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.
4.1 In case of Client's reasonable remarks and complaints about the quality of the Project, the Client is entitled to request necessary adjustments to Project to be carried out by Expert within the 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".
4.2 If necessary, the Client may request corrections for Project during the last days of the warranty period. If the Client requests a revision less than 3 calendar days before the warranty period for their Project expires, the 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.
4.3 Expert has up to 3 days to make any amendments or corrections to the 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 the Client is not satisfied with the result of the Expert's revision, he or she may request additional revisions.
4.4 Client may request a refund for Project or Studybank Project and corrections to Project only within the warranty period, in accordance with provision 5.2 of the Agreement. If the Client does not request a refund within the warranty period, Project or Studybank Project is considered completed, in accordance with all the requirements set by the Client.
4.5 In cases where the Client accepts Project before the end of the warranty period, both Expert and Studybay are exempted from their warranty obligations (not applicable to Studybank Projects). Thus, as soon as the status of the Project changes to ‘Completed', the Expert has a right to decline carrying out a revision for Project requested by the Client, and Studybay has a right to decline the refund request.
4.6 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 the Exclusive Rights of third parties.
4.7 The seller of the 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 the Exclusive Rights of third parties.
5.1 Client's claims for a refund due to the unsatisfactory quality of the 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 the Project and issue a full or partial refund to the Client, or decline the refund request. The deadline for consideration of the disputed situation should not exceed 3 business days. The present provision shall not apply to Studybank Projects.
5.2 In order to request a refund for Project, the 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 means other than the special form on Studybay's Project page are not eligible for a refund.
5.3 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.
5.4 Studybay reserves a right to cancel Project with any status, including completed Projects, if there is enough evidence that the 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.
5.5 If Studybay issues a 100% refund for Project to Client, Studybay also reimburses the Service fee.
5.6 Studybay issues a 100% refund to Client in the following cases:
5.6.1 Expert does not upload the final version of the Project before the deadline, while the 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 benefitted from Project, Project is considered delayed, and may be subject to a partial refund.
5.6.2 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 the required format.
5.6.3 Project covers a topic that is completely different from the topic requested by the Client.
5.6.4 Quality of Project is extremely poor, 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.
5.6.5 Expert uploads the final version of the Project that does not satisfy the initial instructions provided by the Client to a major extent.
5.6.6 Studybank Project does not correspond to the description provided by its seller as part of the offer to purchase the Studybank Project (in terms of topic, number of pages, etc.).
5.6.7 Client reconsidered his decision and decided not to use Services and order Project after depositing funds on his Studybay account.
5.7 Studybay may issue a partial refund, split in any percentage between Client and the Expert if Expert did upload Project to the Platform, but did not act upon making corrections in the accordance with Client's requirements. A partial refund may also be issued if Expert uploads a paper of satisfactory quality, fulfilling all the critical instructions, but if the paper contains 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. A partial refund may be issued to the Client in other cases indicated in this Agreement.
If Studybay issues a partial refund for Project to Client, the Service fee is not reimbursed.
5.8 In all cases described in this Section:
5.8.1 Studybay issues refunds to Client's account on the Platform excluding the provision 5.6.7
5.8.2 Client cannot apply for a chargeback instead of a refund.
5.9 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).
5.10 Studybay administration has a right to decline the Client's request for a refund for Project if he or she has not requested any corrections before demanding a refund. If the Expert is consistently online and is ready to make corrections, the Client must send Project for a revision at least once.
6.1 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 cancelation 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 the Client did not order Project on Studybay, the Service fee is not applied.
7.1 Either Client or Expert may cancel Project as long as the status of the Project is "In Progress". After the successful cancellation of the Project, the status of the Project changes to "Auction".
7.2 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 the Project is available only if the receiving party confirms the request for the cancellation of the Project.
7.3 If the Expert confirms the request for the cancellation of the Project, the Client is entitled to receive the Price for Project and Service fee.
7.4 Cancellation may be requested only 3 (three) times, accounting for both requests for cancellation of Project filed by Expert or Client, combined.
8.1 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 account or debit/credit card. For purpose of withdrawal, only the methods provided by Studybay may be used.
8.2 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.
8.3 A user may withdraw funds using one of the payment methods provided by Studybay and pays a Transaction fee. The total amount of Transaction fee is communicated to User on the withdrawal page, next to their chosen method for withdrawal, before the withdrawal request is submitted.
8.4 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.
8.5 A user also pays a Transaction fee when depositing funds using one of the payment methods provided by Studybay. The total amount of Transaction fee is communicated to the User on the payment page, next to their selected method for a deposit, before the deposit request is submitted.
8.6 Client may deposit funds into its Studybay account for further use on the Platform. In Project to withdraw this credit, they may only use the methods provided by Studybay. In case of the situation described in provision 5.6.7., The client shall apply for a refund.
9.1 Premium Project Option will visually emphasize and pin your Project at the top of the auction among other Projects.
9.2 The cost of Premium Option is 5 (five) USD.
9.3 Project will be pinned at the top of the list of Projects for 24 hours since the moment Premium Project Option has been fully paid.
9.4 The cost of Premium Option is non-refundable in all cases.
10.1 Partial Payment Option means that Client may pay 30% (thirty percent) of the 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.
10.2 Partial Payment Option can be used only for Projects (not Studybank Projects) costing between 20 (twenty) USD and 400 (four hundred) USD.
10.3 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.
11.1 An exclusive right to all intellectual property posted on the Platform (including the text, logo, images, code, sounds, and videos) belongs to Studybay.
11.2 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.
11.3 Expert and Client undertake not to upload, not to publish, store, provide access to, or otherwise, distribute the information and/or materials that violate the rights of any third party. Studybay does not take any responsibility for any violations of rights of third parties, caused by the publication by a User on the site of Project of or other materials that violate the rights of third parties.
11.4 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 the prior consent of Studybay or the copyright holder.
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.
Any information and/or materials (including downloadable, instructions, requirements and guidance, etc.), access to which Expert and Client have by using the Platform's Services, Expert and Client can use at their own risk and of their own responsibility for the possible consequences of the use of such information and/or materials.
In no event shall Studybay, its officers, directors, employees, or agents be liable to you or 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.
14.1 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.
14.2 Expert and Client are responsible for any risk resulting from the new wording of the agreement; when Expert or Client continues to use the service after changes in the conditions of this Agreement are deemed with new wording. The new revised agreement shall enter into force from the date it was published on the Platform, as specified above.
14.3 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.
14.4 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. If they cannot resolve their differences through negotiation, they are to be settled in accordance with the legislation of the Republic of Malta.
15.1 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.
15.2 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.
15.3 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.