“Website” means an aggregate amount of the web pages available at essayshark.com and all sub-domains thereof, where the Services are realized.
“Services” refers to various types of written tasks, including essays, research papers, dissertations and other written academic works that may be requested by the Client.
“We,” “Us” “Ours” means FrogProg Limited, a company registered under the laws of Cyprus.
“User”, “You”, “Client” means a natural person, individual entrepreneur or a legal entity that is registered on the Website as the user and has accepted these Terms and anyone submitting, bidding, executing an order, uploading any information and transferring payments on this Website;
“Writer” is a person employed or other ways contracted by us as a freelancer, who provide research and writing services to the Client, according to the agreement with us.
“Account” means the personalized section of the Website, closed for public access, which is created after the User’s registration. Account is personalized by Your Account name and password.
“Order” is an electronic request for a paid Service from the Client for a particular writing Service. Order specifies the scope of work and other requirements of the Client regarding the product. Order refers to the written order that was submitted in electronic form online on our Website by the Client. An Order includes the work in its entirety along with its consumer requirements.
“Product” is the result of an Order, which comes as original content, written and delivered to the Client in accordance to his or her inquiry as a digital document.
“Client`s information” means the file containing text information represented in any format that is accepted by the Website that has been submitted by You for the reference or as an example. We reserve the right to determine the requirements regarding the size and the format of the files with the Client`s information You may download in Order form.
2. Order Placing and Registration
2.1. While registering with the Website, please use a valid email address where you can be reached. We may be required to contact you. Providing incorrect email address is a violation of these terms and conditions.
2.2. Client places an Order on the site. We do not collect any fee for placing Orders. Writers bid for the jobs placed by the Clients.
2.3. Writer assignment. A Writer specializing in a field chosen by the Client, when assigned with the job, contacts the Client. The Client may communicate with the Writer via chat on the Website. The Writer is responsible for obtaining the details of the job. Once a Writer's bid is accepted, the Client deposits the agreed amount of money with our Website.
2.4. Messaging System. We use the messaging system for communicating which can be reached in Clients profile page. Our support team uses message system for communication with the Client and the Writer. Please check the messages regularly, and promptly address any questions, concerns or additional instructions using this interactive feature. You are not allowed to disclose personal information to Writers and ask them to work directly with you without using the Website.
2.5. Tracking the job order status. When a job order is created by a Customer, both Customer and Writer can use the tracking system to know the status of the job. We also provide the status and percentage of work completed. The possible statuses of the job are:
“Bidding” – A job order is created by Client. Client waits for Writers' bids.
“In Progress” - Client selects a suitable Writer and approves the bid. Writer starts the work on Order. Writer delivers the first version of the Product. Client reviews the Product and asks for revision.
“Finished” – The status will appear after the Client clicks "release 100% money" button.
“Cancelled by Customer” - Client cancels order which is in "Bidding" or "In Progress" status; no financial implication for the Client.
“Cancelled by Writer” - Writer doesn't want to work on order which is "In Progress"; no financial implication for the Client.
“Cancelled by System” - system cancels the Order automatically due to no payment / expired deadline / violation of clause 2.4. herein / violation of clauses 8-9 herein / not relevant order; no financial implication for the Client.
3. Order Payment
3.1. Placing an Order on the Website for any job/project is free. You can pay money in your Account any time. However, you must fund the project after you accept the bid of a Writer. You shall release the agreed part of fee on completion and delivery of the particular agreed stage of work by the Writer and its acceptance by you. After the final document is delivered to you and you released the final payment, you can’t send us any complaints or revision requests.
After 14 days from the Order deadline one part of payment will be released automatically to the Writer. In case the Order was at the final stage, it will automatically become autofinished. In case the Order was not at the final stage, current stage will be paid automatically, and the Order will become autocancelled.
3.2. If you do not plan to use our services, we will be allowed to withdraw the money after sending of appropriate request. We ensure funds withdrawal to the User's account upon request. We will refund it within 4-6 business days after the request is placed.
3.3. You are responsible for paying any taxes, including any services or value added taxes, which may be applicable depending on the jurisdiction of the Services provided.
3.4. Depending on your residency or location, you may be subject to certain ad valorem or other taxes, on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.
3.5. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
4. Order Processing
4.1. Order volume. Each Order placed by the Client has a required volume, that is measured by the number of pages. One page equals to 300 words. Upon the Product delivery the document received has to match the expected number of pages metric. Should there be a page/number of words mismatch, the Client may request to reformat the paper to match the number of words/pages.
4.2. Changes of Order details. The Client may provide changes to the scope of work only if the Writer has not started the work yet. No changes can be made once the Writer has started researching and working on the Order. Should the Order details increase in volume, Order complexity or narrow the completion terms, the Client will be asked to cancel the current Order and place a new one with correct requirements.
4.3. Resources. Should the Client require specific resource material to be utilized in the Order process, she/he must specify those resources and/or provide them to the Writer
4.4. Communication. The Client is highly encouraged to communicate with the Writer, using the chat at the Website, and with our support team, using the messaging system of the Website, when seeking more information.
4.5. Progress tracking. The Client may track the progress of his/her Orders by using his/her personal Account, where information about his/her Order and its status is displayed. The Client may as well contact support by using messaging system of the Website available 24/7, to get updates on his or her Order status.
5. Order Delivery
5.1. We are responsible for the delivery of the Product and for meeting the deadline indicated in the Order.
5.2. It is the Client’s personal responsibility to ensure availability of delivery channels once we have provided the Product to the Client. We will not be held responsible for an incorrect email address indicated by the Client in the profile, spam filters, internet outages and general client negligence to provide communication channels and other contact means which are beyond our control. The Client is encouraged to contact support for any kind of assistance with an Order’s delivery.
5.3. The Client is held responsible for downloading the Product in a timely manner after the Product has been provided by us.
6. Order Revision
6.1. The Client has the right to request revisions as long as the final payment is not released to the Writer. After the final payment no revision requests will be accepted.
6.2. Please note that we reserve the right to decline or limit multiple revision requests if the Client’s behavior demonstrates obvious exploitation of the Writer and other unreasonable requests.
7. Refund Policy
We are responsible for delivering the Product in a timely manner and according to the Client requirements indicated in the Order. Should any of the Client’s commitments be violated the Client is entitled to a partial or a full reimbursement according to our policy
8. The Use of the Products
8.1. When making a payment for an Order You agree it is for personal and non-commercial use only and the payment You make is a reflection of the time and effort put into conducting relevant research and writing pertaining to your Order as well as all the necessary maintenance and administration for Product delivery.
8.2. You are not allowed to reproduce, modify, distribute or display the Product in any way on the Internet or in the form of a hard copy over a reasonable limit necessary for personal use.
By submitting an Order and/or payment for a Product, you acknowledge and agree that:
a. we reserve the right to cancel any agreement, contract or arrangement with any person who condones or attempts to pass any Products as their original work. You also agree that any Product delivered by us may not be passed to third parties, nor distributed in any way for payment or for any other purpose. You also acknowledge that if we suspect that a Product has been distributed or used by You in a way that is inconsistent with these Terms and/or plagiarized in any way, we reserve the right to refuse to carry out any further work for You and/or provide any Services to You.
b. You may not put Your name on any Product. All Products and/or any other written materials delivered by us to You are for research and/or reference purposes only. We do not condone, encourage, or knowingly take part in plagiarism or any other acts of academic fraud or dishonesty. We strongly adhere to and abide by all copyright laws and will not knowingly allow any Client to commit plagiarism or violate copyright laws. You agree that any Product and/or other written material delivered is provided only as a model, example document for research use. The custom written samples are provided by us for research purposes ONLY and can not be used as a substitute of Your own writing. It can only be used as a model paper, from which You can learn how to draft Your own research properly or take inspiration for Your own thinking. Entire parts of the research provided by our company may be used in Client's original piece of writing only if properly cited or paraphrased. Please check Your university definition of plagiarism for acceptable use of source material.
c. neither our company nor any of its affiliates and/or partners shall be liable for any unethical, inappropriate, illegal, or otherwise wrongful use of the Products and/or other written material received from the Website. This includes plagiarism, lawsuits, poor grading, expulsion, academic probation, loss of scholarships / awards / grants/ prizes / titles / positions, failure, suspension, or any other disciplinary or legal actions. Purchasers of Products from the Website are solely responsible for any and all disciplinary actions arising from the improper, unethical, and/or illegal use of such Products.
10. Personal Data and payment information: use and security
For details of how we collect, use and store your Personal Data, including your personal data and payment details.
11. Account information and security
11.1. As part of the registration process you will be asked to provide your e-mail address and select a password.
11.2. You must keep your Account information secure and must not disclose it to or share it with anyone.
11.3. You will be responsible for all activities and Orders associated with your Account. If you know or suspect that someone else has Your password, you should go to your Profile and change it yourself at “Change email or password” section.
12. Use of the Website; termination and suspension of use
12.1. You may access the Website solely for Your own personal, non-commercial use.
12.2. You must not use any part of the Website for any illegal purpose. In particular, You may not use the Website for any of the following purposes:
12.2.1. disseminating any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable material or otherwise breaching any laws;
12.2.2. transmitting material that encourages conduct that constitutes a criminal offense, or otherwise breaches any applicable laws, regulations or code(s) of practice;
12.2.3. interfering with any other person’s use of the Website; or
12.2.4. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
12.3. If You breach any of the provisions of these Terms, You will be responsible for any losses and costs resulting from your breach.
12.4. We may terminate your use of the Website if you breach any of these Terms.
12.5. If we reasonably suspect your use of the Website is affecting the lawful operation of the Website or may adversely affect other Client, we may suspend your access to the Website at any time while we investigate the position.
12.6. In case You will try to contact Writer by means other than is allowed by the Website`s functionality, we will assume this action as violation of the Terms.
13. Intellectual Property Rights (“IPRs”)
13.1 IPRs in the Products
13.1.1. The Products delivered to You have been drafted by our Writers.
13.1.2. Full copyright in any Products or other materials delivered to You is retained by us and/or our affiliates and partners.
13.1.3. Subject to payment for Products we grant You a non-exclusive license to use the Products You have ordered for your personal, non-commercial use only.
13.1.4. You agree not to distribute, publish, transmit, modify, display or create derivative works from, or exploit the Products and/or contents of this Website, without our prior written consent.
13.1.5. You will be responsible for all losses we may suffer as a result of any and all unauthorized use made of any Products and/or material available from this Website.
13.2 IPRs in any materials that You supply to us
You must ensure that any materials You provide to us (in particular those you provide/upload as a reference or source material) do not infringe upon the intellectual property or other rights of any other person or violate any applicable laws. If they do, You will be responsible for any losses which we may incur as a result
13.3 IPRs on the Website
13.3.1. All IPRs in any part of the Website are owned by or licensed to us.
13.3.2. No IPRs on the Website (or any part thereof) is intended to, and it shall not be deemed to, transfer to any person who accesses the Website.
13.3.3. Except as expressly permitted by these Terms or as otherwise agreed with us, You may not copy, disseminate, or download any content of the Website.
13.4 Sources Used
You will not be provided with articles or e-books in their entirety. Rather, excerpts cited in the Product are delivered for referencing purposes.
14. Disclaimer and Limitation of liability
14.1. The Website is provided “as is” and we do not guarantee that the Website will meet Your expectations or requirements. If Your computer equipment does not support relevant technology, including encryption, You may not be able to access the Website and/or use some or all of the Services.
14.2. The Website is accessed via the World Wide Web, which is independent of us. Your use of the World Wide Web is solely at Your own risk and subject to all applicable national and international laws and regulations. We do not represent that the Website is appropriate or available for use in any jurisdiction.
14.4. In no event will we be liable for any loss or damage arising as a result of any modifications we may make to the Website.
14.5. We will not have any liability to You or any other person, whether arising out of or in connection with the Products and/or Services including but not limited to
- phone, electronic, hardware or software, network, Internet, email, or computer malfunctions, failures or difficulties of any kind;
- failed, incomplete, garbled or delayed computer and/or email transmissions;
- any condition caused by events beyond the control of the company that might cause the Product and/or Services to be (as applicable) delayed, disrupted, or corrupted;
- any injuries, losses or damages of any kind arising in connection with, or as a result of, utilizing the Services; or
- any printing or typographical errors in any Product(s).
14.6. We will not have any liability to You or any other person, whether arising out of or in connection with your use of the Website, or Your inability to use the Website, or for any other reason including, without limitation, for: any matters due to any events outside our reasonable control; or any unforeseeable losses or damages.
14.7. Nothing contained in these Terms is intended to limit or exclude any liability for death or personal injury arising from negligence, or for fraudulent misrepresentation, or any other liability which may not be limited or excluded by law or intended to affect Your statutory rights as a consumer.
15.1. You may not transfer any of Your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe Your rights will not be affected.
15.2. If you breach these Terms and we choose to ignore this, we will still be entitled to rely on our rights and remedies at a later date or in any other situation where you breach these Terms.
16.1. Unless otherwise stated in these Terms, all notices from You to us must be in writing and sent to our support team using the messaging system of the Website.
16.2. All notices from us to you will be either:
- displayed on the Website from time to time;
- displayed on Your personal order page; or
- emailed to the email address provided in Account.
17. Governing law and jurisdiction
17.1. These Terms are governed by laws of Cyprus.
17.2. All disputes related to these Terms shall be resolved by negotiations between the parties, which agree to make all efforts to resolve the dispute. If the Parties fail to reach consent, the disputes shall be resolved by arbitration under the London Court of International Arbitration (LCIA), which Rules are deemed to be incorporated by reference into this clause.
17.3. In addition, both You and us agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding.
18.1. We reserve the right at any time to (i) change any information, specifications, features or functions of the Website or Services (ii) suspend or discontinue, temporarily or permanently, any or all of the Services or any part of the Website, including the availability of any feature, database or content, or (iii) impose limits on certain features and Services or restrict access to parts or all of the Services, in each case with or without prior notice and without any liability to You or any third party. We will use commercially reasonable efforts to notify You of changes to the Services and/or Website that, in our reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services You are interested when using Website.
18.2. We may from time to time update or revise these Terms. If we update or revise these Terms, we will notify You either by email to Your most recently provided email address, by posting the updated or revised Terms on the Website or by any other manner chosen by us in our commercially reasonable discretion. Your use of the Website or Services following any such update or revision constitutes Your agreement to be bound by and comply with these Terms as updated or revised or You may be asked to give your explicit consent to be bound by new Terms. It is your responsibility to review the Terms periodically.
19. Additional Terms and Conditions; EULAs
You are responsible for any fees, taxes or other costs associated with the purchase and delivery of your items resulting from charges imposed by your relationship with payment services providers or the duties and taxes imposed by your local customs officials or other regulatory body.
For customer service inquiries or disputes, You may contact us by email at firstname.lastname@example.org .
Where possible, we will work with You and/or any user selling on our website, to resolve any disputes arising from your purchase.
20. Contact details
If you require further information about the Website, please contact us either by phone, email or chat given in the Contact Us page on the Website or on your personal Order page.