EssayBay

This agreement sets out the terms and conditions ('Terms and Conditions') applicable to members of the service operated by Essay Bay.

Users of this website, whether Buyers, writers or visitors, (collectively referred to as 'members') must agree to the following Terms and Conditions. By using and continuing to use this website, they are deemed to do so.

In the event a member breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to Essay Bay, Essay Bay may terminate the participation of such member in the service and/or may withhold any payments relating to participation in the service due to such member from Essay Bay.

ELIGIBILITY REQUIREMENTS

Essay Bay shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the service. By accepting an applicant or site for participation, Essay Bay is not holding out or representing in any way that it has checked the identity, qualifications, background or ability of that applicant or site, nor the truth, accuracy, quality, legality, or safety of any content on that site or postings made by that user.

REMOVAL FROM ESSAY BAY

Essay Bay reserves the right to terminate the participation of any member or site without reason but expressly including any member site that Essay Bay judges to be in violation of the Terms and Conditions. Members in violation of Essay Bay's Terms and Conditions will be immediately deactivated. Essay Bay may deactivate members with no prior notification. Members found in violation of the Terms and Conditions will not receive any credit or payment from Essay Bay. Members that are terminated by Essay Bay on any basis other than violation of these Terms and Conditions will be entitled to receive any payment due from Essay Bay.

PAYMENTS

Essay Bay will typically make payments/withdrawals if the member requests it AND their account balance is equal to or greater than $30. All amounts are stated in and all payments will be made in US funds. We verify all deposits and might ask you to verify yours; If you refuse to send verification information via E-mail, Fax or Phone, we reserve the right to refund the deposit and terminate your account. New members cannot withdraw funds within 30 days of their first project payment. Essay Bay reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your Essay Bay account or face account termination. Essay Bay cannot be held liable for deposits reversed without its authorization due to reasons, including, but not limited to, fraud, chargebacks or complaints. As previously stated, any member site that Essay Bay removes from the service due to violation of the Terms and Conditions will receive no credit or payment.

ESCROW

Essay Bay provides escrow as a free, bonus, and automated service only as a tool to help members transact more securely. We do not act as an arbitrator between parties, should a dispute arise, except in limited situations. Financial disputes should be resolved between members, or via another third party, and without Essay Bay whenever possible. We do, however, reserve the right to cancel an escrow payment, at any time, if we believe we are left with no other option. We also reserve the right to complete an escrow payment if no response is received from the payer, after repeated attempts at contact, for 30 continuous days.

DEPOSIT DISPUTES

Members may not file a complaint with one of our payment processors, including PayPal, regarding the funds deposited into their account. Essay Bay staff will do its best to resolve any problem a member may have. Refunds will be processed, if deemed necessary, at a time of Essay Bay staff's choosing. Due to the incompatible communication systems between our payment processors and Essay Bay staff members, payment disputes logged directly with those processors cannot be properly managed and will cause further delays. Due to this, members who make a complaint to our payment processor will face account termination without notice.

COPYRIGHTS

No copyright material can be posted on Essay Bay. Only posting sections of articles or journals as examples, will be permitted. A "section" being no more than 10% of the contents. This is meant to protect the author's rights. We also do not tolerate projects requesting unauthorized reproduction of copyrighted or patented material.

MODIFICATIONS

Essay Bay reserves the right to change the member Terms and Conditions at any time. It is the member's responsibility to check these Terms and Conditions from time to time for such changes. In the event Essay Bay offers any additional or replacement services then this agreement shall apply to such services in the absence of any new agreement specific to such services which is entered into between the parties.

OWNERSHIP

Members agree that all information contained on a website operated by Essay Bay, and all information compiled by Essay Bay through operation of the affiliate program, is the proprietary information of Essay Bay. Personal information provided by members to Essay Bay will be kept confidential and will not be distributed to any third party. Please see our privacy policy for more information.

PROVIDING CONTACT INFORMATION

You are prohibited from making direct contact with another member. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. Essay Bay provides you with message boards and a messaging system, which should be sufficient for making contact. You may not post URLs in messages or on the site. You can apply for Essay Bay to exempt you from this rule for example where sending another member a link to a requested resource. Essay Bay has systems in place to detect contact between members and will terminate your account if these terms are breached.

AVOIDING COMMISSIONS

You are strictly prohibited from attempting to negotiate the fee for a project with another member directly (outside of Essay Bay) after that project has been created/opened and before that project has been closed (basically, during an ongoing project). But this also applies to any project that was closed without a Writer being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying Essay Bay if the payment amount increases (above the bid amount) after the project is closed. Receiving a larger amount than the original project bid, without notifying us, will be considered an attempt to avoid the commissions. When a Writer requests a withdrawal, we always review all payments received for each project to verify that they match the bid. If at the time of a withdrawal request the Writer has failed to notify Essay Bay staff of a payment received above the amount of his bid (a total payment above US$100), Essay Bay reserves the right to deduct double the fee for the amount that should have been reported. We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any of this activity on Essay Bay.

BIDDING

Writers can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This applies to Buyers too. Buyers cannot create projects that directly or indirectly require Writers to place hourly or other abnormal bids.

POSTING PROJECTS

New users are limited to the posting of only 3 projects before being asked to make a deposit. This is meant to protect other users and prevent fraudulent activity. A user is required to deposit any amount of funds before they gain the right to post unlimited projects. A user may request higher posting limits, under special circumstances, by simply contacting Essay Bay support.

ADVERTISING

You are prohibited from advertising your website on Essay Bay. You may not post URLs in messages or on project postings. You may apply to Essay Bay for an exeption to this rule if, for example, you want to send someone a link to a resource they need to use.

ACCOUNTS

An individual may not possess more than one Writer account and one Buyer account, without authorization by Essay Bay staff. It is also prohibited under all circumstances to transfer ownership of an account.

AFFILIATES

Affiliates can only refer legimitately interested visitors. You understand that Essay Bay can delay payment if it believes a referral's fee payment may be reversed due to fraud or by other means. Essay Bay reserves the right to limit participation in its affiliate program as well as withhold payment of commissions due to innapropriate activity on behalf of any involved party.

THE ROLE OF ESSAY BAY

Essay Bay functions as a venue to connect Buyers and Writers in a virtual marketplace. As a neutral facilitator, Essay Bay is not directly involved in the actual transactions between users of the Site. As a result, Essay Bay has no control over the truth, accuracy, quality, legality, or safety of postings made by users. Because verifying the identity of a user on the Internet is difficult, Essay Bay cannot and does not confirm the identity of users. Essay Bay also does not confirm nor verify the qualifications, background, or abilities of users. The exception to this is where the user has participated in the verification process. If Essay Bay has verified the user, there will be a verification logo next to their name. This indicates that Essay Bay has checked the following information:

(i) Photographic ID - Valid Passport OR Photo Driving Licence; and

(ii) Recent utility bill, bank statement, credit card statement or phone bill showing the user's name and address; and

(iii) Certificates or equivalent proof for the highest level for each subject the user specialises in.

Unless we have verified this information and the user is displaying the verification logo next to their name, we cannot guarantee that the user is who they say they are or has the qualifications or experience they claim to have. Therefore, we recommend that you be careful and exercise common sense and good judgment when dealing with any member on the Site. You are enouraged to review our Project Guidlines before taking part in a project. If you are unsatisifed with another member, the most Essay Bay can do is refund the project commission you have been charged by us. We cannot refund the money you have sent to someone, we are not responsible for your transactions. Essay Bay is not responsible for fraudulent payments made by users and cannot be held liable for financial loss incurred from fraudulent transactions. It is the receiver's responsibility to verify the identity and background of the sender.

GENERAL

(i) Any reference in this Agreement to any statute or statutory provision order or regulation shall be construed as including a reference to that statute or statutory provision order or regulation as from time to time amended modified extended or re-enacted whether before or after the date of this Agreement and to all statutory instruments orders regulations and directives modifying or extending the same.

(ii) Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders and words denoting persons shall include bodies corporate unincorporated associations and partnerships.

(iii) The word 'copyright' used in these terms and/or elsewhere on this website means the entire copyright including rental and lending right database right and design right subsisting under the laws of the United Kingdom and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world.

(iv) Unless otherwise stated time shall be of the essence for the purpose of the performance of the Owner's obligations under this Agreement.

(v) Unless otherwise stated references to clauses sub-clauses sub-paragraphs schedules annexures and exhibits relate to this Agreement.

(vi) If any provision of this Agreement shall be prohibited by or adjudged by a court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement and shall in no way affect any other circumstances or the validity or enforceability of this Agreement.

(vii) This Agreement together with the privacy policy on the Essay Bay website contains the full and complete understanding between the parties and supersedes all prior agreements and understandings whether written or oral pertaining thereto.

(viii) Members are not permitted to assign or transfer or charge any or all of their rights under this Agreement.

(ix) Essay Bay shall have the right to assign or charge or sub-licence the whole of its rights under this Agreement provided it shall not thereby be relieved of its obligations to its members.

(x) This Agreement shall be construed in accordance with and governed by the law of England and Wales the courts of which shall be courts of competent jurisdiction.