This Agreement was last modified on 27th December 2017.
This User Agreement describes the terms and conditions which you accept by using our Website or our Services.
DEFINITION OF TERMS:
“Account” means the account associated with your email address.
“Buyer” means a User that purchases Seller Services or products from Sellers on this website.
“OnWriters”, “we”, “our”, “company” or “the company” or “us” means DavPro Universal Services Limited
“Inactive Account” means a User Account that has not been logged into for a 6 month period, or other any period determined by us.
“Project” or “Listing” means a job offered or awarded by a Buyer or Employer through the Website, which may include a Project or any other related listed by a Buyer or an Employer, a Project awarded by a Buyer or Employer, a service bought by a Buyer from a Seller, and service awarded by a Employer to a Writer via the Website.
“Seller” means a User that offers or provides services or identifies as a Seller or Vendor through the Website.
“Seller Services” means all services provided by a Seller.
“Vendor” means a User that sells project via this website.
“User”, “you” or “your” means an individual who visits or uses the Website.
“User Contract” means: (1) this User Agreement; (2) agreement between employer and writer (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website; (4) the Project terms as awarded and accepted on the Website
“Website” means the Websites operated by DavPro Universal Services Ltd and available at: OnWriters.com and any other domains.
Use of this website is subject to the terms of this agreement and all other policies published, at any time, on this website. This agreement should be fully read and understood before using the OnWriters.Com website or app. By using this website, you fully agree to be bound by all terms and conditions of this agreement. OnWriters.Com reserves the right to modify the terms and conditions of this agreement at any time, without notice.
You will not use the Website if you:
- are not able to form legally binding contracts;
- are under the age of 18;
- are suspended from using the Website; or
- do not hold a valid email address.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot assign or transfer any rights or obligations you have under this agreement without prior written consent.
4. USING OnWriters
While using the Website, you will not attempt to or otherwise do any of the following:
- send your email address, contact address, phone number or any contact information to employer, writer or any other user on this OnWriters.com;
- pay/request/receive money to/from any user, employer, writer without our permission;
- post content or items in inappropriate categories or areas on our Websites and services;
- download, copy or paste or incorporate any part of the Website into any other website without our prior written authorization;
- infringe any laws, third party rights or our policies;
- use our workspace to chat your favorite writer until we authorize you via email or phone calls;
- harvest or otherwise collect information about Users, including email addresses, without their consent;
- fail to deliver payment for services delivered to you;
- post false, inaccurate, incomplete, misleading, deceptive, defamatory or offensive content
- take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
- distribute viruses or any other technologies that may harm OnWriters, the Website, or the interests or property of OnWriters users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- copy, modify or distribute rights or content from the Website;
- transfer your OnWriters account (including feedback) and Username to another party without our consent;
When you upload your content to OnWriters.Com, you grant us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights you have in the content, in any media known now or in the future.
You acknowledge and agree that:
(1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content;
(2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and
(3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
- will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
- will not violate any law or regulation;
- will not be defamatory or trade libelous;
- will not be obscene or contain child pornography;
- will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
- will not contain material linked to terrorist activities
- will not include incomplete, false or inaccurate information about User or any other individual; and
- will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred to any law enforcement. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and may close your Account.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
6. THIRD PARTY CONTENT
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfill record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
7. COMMUNICATION WITH OTHER USERS
Communication with other users on the Website must be conducted through message board, direct message (known as workspace) and other communication channels provided on the Website.
You must not post your email address, phone number or any other contact information on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, or chat.
We may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
8. KNOW YOUR CUSTOMER (KYC)
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your passport or drivers’ license). We may also ask you to provide any other relevant documents.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or OnWriters Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the website in order to match any KYC documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided KYC documents and account information.
If you are not a verified OnWriters User, you may not be able to withdraw funds from your OnWriters account, and other restrictions may apply.
You must not advertise an external website, product or service on the Website unless otherwise agreed with us. Any website address posted on the Website, including in a listing, bid, listing description must be related to service being performed on the Website.
We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as as result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws.
10. WRITING JOBS
Each User acknowledges:
- OnWriters does not review, approve, recommend or verify any of the credentials, licences or statements of capability in relation to Writing Jobs;
- OnWriters provides platform services only. Users agree that OnWriters has no liability for any other aspect of service delivery or interaction between Buyer and Seller or Employer and Writer. OnWriters is not a party to any disputes between Buyer and Seller or Writer and Employer, although we provide a dispute resolution mechanism to assist the parties in resolving issues;
- OnWriters may from time to time include map features and OnWriters may display the location of Users to persons browsing the Website on that map. Every Buyer seeking services for Writing Jobs will be asked to provide the location where the Writing Job is to be performed. You expressly agree that OnWriters has no liability for displaying such information.
- A User must never disclose, in any Project posted, personal details such as the User’s name, street number, phone number or the email address in any Project description for a Writing Job or in any other public communication on the;
- Upon completion of a Writing Job Project, Writer User must log on to the Website and click the “Complete” button for that Writing Job, as soon as practicable.
- Failure to complete the service or task will constitute a breach of this User Agreement; and
- Our fees are applied to the amount of the awarded Writer’s bid to perform the services for the Writing Job. Any items purchased by the Employer as part of performing the service are between the Employer and Writer.
11. WORK & SERVICES
a) Upon registration as a Freelance Writer/vendor and approval by the OnWriters Administrator a Writer/vendor shall be able to work on writing requests submitted by users as well as upload genuine works for which he has the copyrights to. A Writer/vendor shall be able to fix the price for any work which he uploads to the OnWriters platform within the price range specified on the site.
c) A Writer/vendor can only handle work from course areas or disciplines where he has competence
d) Writers are required to complete and upload any work they take up within the time frame stipulated against the work
e) Writer shall be rated based on the quality of works by users and Writers whose quality rating are deemed too low by the OnWriters team may be suspended from further uploading work or acting as a Writer on the platform.
f) A Writer/vendor is entitled to 70% of the amount for which any and all his uploaded work is sold while OnWriters shall keep the rest.
g) Writers are paid their monthly earnings from the 15th of the following month and payment shall be via bank transfers for Writers resident in Nigeria or wire transfers for foreign based Writers. Payment threshold is N10,000 so monthly earnings less than N10,000 shall be rolled over to the next month.
12.1 PAYMENTS, FEES AND COMPENSATION
a) A Writer/vendor can fix the price for any work submitted or uploaded by him within the price range specified and shall be entitled to 70% of total sales of all his works on OnWriters. A Writer/vendor is also entitled to 70% of bid (amount) submitted on fresh writing request, when their bid is accepted by the client and they complete the work. Writers are able to view their daily, weekly and monthly sales report from their dashboard.
b) OnWriters will issue payment for each month’s earning from the 15th of the following month. Payment threshold is N10,000 thus monthly earnings below N10,000 will be rolled over to the next month.
f) Payment is via Bank Transfer for Writers domiciled in Nigeria and via Check or Wire Transfer for Writers domiciled outside Nigeria. For check payments applicable courier/post deductions are made.
You may ask for a refund at any time for any funds that you have paid into our Account except if the amount to refund relates to fees or charges or commission payable to us.
If the amount the User has asked was made through Instant Payment, our fees and charges, the cost of refund must be deducted.
We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so;
(2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs;
(3) we refund funds to the User in accordance with any refund policy specified by us from time to time;
(4) we find out that the original payment made by the User is fraudulent; or
(5) the User made a duplicate payment in error, and refund transfer charge is applicable here.
You can request a refund by using our customer support website or emailing us at support@OnWriters.com.
If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you, we may suspend or close your Account.
13. COPYRIGHT; RESTRICTIONS ON USE
The materials and content displayed on this web site, that are not member upload items, including but not limited to text, software, graphics, video, music, sound, names, logos, trademarks and service marks are the property of OnWriters.Com, its affiliates or licensors and are protected by copyright, trademark, patent or other intellectual property laws. Members agree to not upload, post or transmit any material for which they do not hold legal copyright. Members who upload content to OnWriters.Com grant OnWriters.Com an unrestricted and non-exclusive right to display and utilize the uploaded content. Members maintain the copyrights to their .
14. PERMITTED USE
You may make a single copy of stories, articles or other portions of content published on this site on your hard drive or in print for your own personal, non-commercial use.
15. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IT COMES “AS IS” AND “AS AVAILABLE”. MEMBERS ACCEPT ALL RESPONSBILITY, LEGAL AND OTHERWISE, FOR THE CONTENT UPLOADED, SUBMITTED TO AND POSTED ON THIS SITE. OnWriters.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. OnWriters.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. OnWriters.COM MAKES NO WARRANTY AS TO THE SECURITY, PERFORMANCE OR RELIABILITY OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT OnWriters.COM IS NOT LIABLE FOR YOUR CONDUCT, INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL ACTIONS OR CONTENT OR SUCH CONDUCT BY THIRD PARTIES. YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, OnWriters.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF OnWriters.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OnWriters.COM ‘S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO OnWriters.COM PURSUANT TO THIS AGREEMENT.
16. COLLECTION OF PERSONAL INFORMATION
Any information posted on this site in a public forum may be collected and used by parties browsing this site or affiliated sites. You agree that you are fully responsible for any and all information, material or works that you transmit to OnWriters.Com. OnWriters.Com and its affiliates reserve the right to edit, copy, publish, retransmit and distribute any information and/or material that you post or transmit to this site. OnWriters.Com may contact you from time to time using the contact email address provided upon sign up, but in most cases will use your email account @ OnWriters.Com.
By using this site and its services, you agree to indemnify and hold harmless OnWriters.Com and its affiliates, parent corporations, employees, agents, and licensors from any claim or demand made by any third party due to or arising out of anything you submit, post, transmit, upload or publish on OnWriters.Com. You are responsible for your actions on OnWriters.Com and accept all responsibility, legal and other, for your activity.
This section describes the various reasons for account termination on OnWriters.Com.
18.1. TERMINATION FOR ANY REASON
OnWriters.Com reserves the right to restrict or outright deny access to this site to any user, including users which have accessed the site in the past at any time. OnWriters.Com may terminate services with or without cause at any time, without prior notice or warning, and effective immediately upon termination.
18.2. TERMINATION FOR CONTACTING OTHER USERS
User that sent his contact address, email address, phone number or any other contact information may have his account terminated without prior notice or warning
18.3. TERMINATION FOR AD FILTERING
Users found to be using screening or filtering systems to remove or hide ADS from OnWriters.Com may have their accounts terminated without prior notice or warning. This ADS requirement clause is void when TERMS OF SERVICE is used as the PAID MEMBERSHIP USER AGREEMENT.
18.4. TERMINATION FOR IMPERSONATION
Users found to be impersonating staff members in any way may have their accounts terminated without prior notice or warning.
18.5. TERMINATION FOR HARASSMENT
Harassment of others, by any means within OnWriters.Com is strictly prohibited will not be tolerated and may result in account termination without prior notice or warning.
18.6. TERMINATION FOR SPAM
SPAM is bulk unsolicited email or public message postings. The act of sending SPAM from, referencing and/or to OnWriters.Com is STRICTLY PROHIBITED, will not be tolerated and may result in immediate account termination without prior notice or warning.
18.7. TERMINATION FOR UNAUTHORIZED MULTIPLE ACCOUNTS
Users found to have more than one (1) member account without having obtained prior consent from OnWriters.Com through our ‘Authorized Secondary Account’ process may have any or ALL of their OnWriters.Com member accounts terminated without prior notice or warning. ‘Authorized Seconary Accounts’ may only be created through the link provide on a member’s ‘My Account’ page.
18.8. TERMINATION FOR INACCURATE PERSONAL INFORMATION
Users found to have provided incorrect or inaccurate personal information when signing up for or editing their OnWriters.Com member account may have their OnWriters.Com member account terminated without prior notice or warning. Personal information in the sign up and account details editing area is required and must be correct, verifiable and accurate. OnWriters.Com may, at its sole discretion, request a faxed or mailed copy of picture identification (I.D.) to verify personal information as provided by the member to OnWriters.Com’s online account creation and editing forms. Failure to comply with a verification request for identification in a timely manner, as determined by OnWriters.Com, may cause the member’s account to be terminated without prior notice or warning.
18.9. TERMINATION FOR ABUSE OR ASSISTED ABUSE OF MEMBERSHIP
Users found to be abusing their free or paid membership in any way AND/OR users found to be assisting other free or paid members in averting item limits or abusing their membership may have their OnWriters.Com member account terminated without prior notice or warning.
18.10. TERMINATION FOR ACCOUNT INACTIVITY
Members without a currently paid membership that are inactive for three (6) months or more may have their account terminated without prior notice or warning.
18.11. TERMINATION BY MEMBER CANCELLATION
Users may cancel account at anytime by contacting us at support@OnWriters.com. No other method of account cancellation will be accepted.
19. AMENDMENT OF THE TERMS
OnWriters reserves the right to amend these Terms from time to time in our sole discretion. For all users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
20. GOVERNING LAW
This TERMS OF SERVICE agreement and any disputes arising from it or the services of OnWriters.Com will be governed by and construed in accordance with the laws of the Nigeria.