The whole text of the User Agreement below is presented here only for informational purposes and has no legal force. The full text of the latest version of Studybay User Agreement that has legal force can be found at: https://studybay.com/info/license/
StudyBay User Agreement
These Terms and Conditions ("Agreement") are a legally binding agreement between the user ("Customer" or "Writer", both “Users”) of the Studybay Services described herein and EDUTEC LIMITED, a company incorporated under the laws of Malta, registered number C 69533, with its headquarters located at Angelica Court No 4, Giuseppe Cali Street, Ta Xbiex, XBX 1425, Malta ("Studybay", "Web Platform").
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 ORDERING ASSIGNMENT ON THIS WEB PLATFORM CUSTOMER 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 WEB PLATFORM WRITER 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:
“Writer” means an individual registered on the Web Platform Studybay with an account classified as “Writer” for receiving Orders from Customers.
“Customer” means an individual registered on the Web Platform Studybay with an account classified as “Customer” for receiving Assignments from Writers.
“Credit” means the funds available for use in a user’s account.
“Bonus credit” means the funds added to Customer’s account by Studybay without any charges. Web Platform Studybay may grant Bonus credit to Customer at its discretion.
“Studybay” or “Web Platform” means the website located at https://studybay.com/.
“Commission” 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 and Web Platform, and customer support.
“Price” means a payment that Customer makes for Assignment in the amount determined by Studybay and quoted on the order page.
“Service fee” means a commission fee paid by Customer, which is calculated as percentage, based on Price.
For Prices up to $15.00 - 40% commission
For Prices between $15.01 and $30.00 - 35% commission
For Prices between $30.01 and $50.00 - 32% commission
For Prices of $50.01 and above - 28% commission
There are 7 (seven) Ranks allocated to Writers:
Writer can steadily increase his or her rank achieving different goals and receiving more benefits and rewards. For more information about Studybay’s ranking system for Writers, please visit https://studybay.com/authors/aboutlevels.
“Transaction fee” means a payment to a payment institution. Transaction fee is charged by Studybay for withdrawal or deposit of funds through the payment institution chosen by a user.
“Assignment” means a product of intellectual work published or provided by Writer to Customer through Studybay.
“Copyright” means the legal right for use and distribution of Assignment, which is transferred from Writer to Customer at the stage where Customer accepts Assignment with the intent of commercial or private use. Customer accepts and does not deny Writer’s authorship, and Writer’s right to use their name in the document.
“Services” means the marketing services provided by Studybay for users to organize their interaction on the Web Platform for the purposes of ordering Assignments on various thematic orientations (articles, materials, illustrations, written opinions, etc.), and providing online consultations on a given topic on the Web Platform.
1.1 Assignments provided by Writers are to be used for research and study assistance purposes only. Under no circumstances, Assignments are to be plagiarized by submitting them as your own work.
1.2 The following is prohibited on the Web Platform:
1.2.1 The use of profanity, offence, spreading malware, discrimination of all types, insulting religious beliefs, the publication of materials that violate the rights of others (including plagiarism) and any other actions , which break the laws of the United States and/or the Republic of Malta;
1.2.2 The exchange of contact information between any users (including e-mail, skype id, telephone numbers, etc.) for communication outside of the Web Platform.
1.3 During registration, Writer or Customer 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 Web Platform, and/or Studybay has reasonable grounds to believe that the information provided by Writer or Customer is false, inaccurate, or incomplete, Studybay has the discretion to cancel Writer or Customer’s registration on the Web 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 Writer or Customer (for example, documents confirming identity of the user), provided by Writer or Customer during registration on the Web Platform, and preventively block the account until the request is fulfilled. Studybay has a right to have an access to any information placed on the Web Platform, including any conversations and personal data in user’s account. If Writer or Customer 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, Writer or Customer must enter the email address and the password selected or generated during registration on the Web Platform.
1.6 Writers and Customer agree to protect the confidentiality of information used to access their account. Writers and Customers also agree to immediately notify Studybay of unauthorized (carried out by a third party without consent) access to the account, using their email address and password, and/or of any other breach of (suspected of violating) confidentiality of the email address and password.
1.7 Studybay may at its discretion and without giving a reason block or delete Writer or Customer’s account.
1.8 User agrees and acknowledges that the Web Platform is not a party to any agreements, arrangements and contractual relationships that may arise between users of the Web Platform. A user does not enter into an employment relationship with the Web Platform and is not an employee of Studybay.
1.9 Copyright for Assignment is transferred from Writer to Customer when the status of Assignment changes to “Completed”. If the status of Assignment changes to “Completed” as a result of a full refund in favor of Customer, no transfer of copyright occurs.
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 an account suspected of having been transferred to a third party, at its own discretion.
2 ASSIGNMENTS AND DELIVERY POLICY
2.1 As a part of Services, Writer is obligated to fulfill the instructions specified by Customer. Instructions, which have been given to Writer in the chat, take priority over the instructions posted in the "Instructions" section on Assignment page; while the "Instructions" section takes priority over the instructions initially specified in Assignment parameters (Order Details section).
2.2 The quality of Assignment provided by Writer must meet the requirements specified in Assignment.
2.3 Writer may not include information and materials in Assignment 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%, unless otherwise requested by Customer.
2.4 Assignments are delivered to Customer as a link sent to their email in an automated message. Customer has to log into his or her Studybay account in order to use the link. Delivery time is based on the deadline set by Customer. The clock for delivery time starts at the time when the Assignment is successfully accepted and paid.
2.5 Customer's instructions for Assignment must be clear and accurate. If such instructions are unclear and Customer does not add the necessary instructions within a required timeframe, such Assignment cannot be completed. In this case, a full refund will be issued in favor of Customer upon their request, without any penalties for Writer.
2.6 Any revisions requested for Assignment that is under warranty period must fall within Customer’s initial instructions for Assignment. Any substantial changes to the initial instructions will be considered editing. Editing is an additional service – in this case Writer may decline to carry out a revision or offer their editing services for additional charges.
2.7 The minimum possible deadline for any Assignment is 12 hours.
3 PAYMENTS ON STUDYBAY
3.1. The total price for Assignment includes the Service Fee and Transaction fee and is provided to Customer after choosing Writer and before submitting a Payment on Studybay.
3.2 Customer can make a payment through the following payment institutions on the Web Platform: VISA or MasterCard, and PayPal.
3.3 Customer transfers 100% of the amount due for Assignment (the total price including Service Fee and Transaction Fee) at the stage of hiring Writer. Payment from Studybay to Writer shall be made within twenty (20) calendar days after Writer’s submission of the final paper, in absence of complaints or requests for revision.
3.4 The status of Assignment changes to “Under warranty” when Writer uploads the final and complete version of Assignment. If the final version of Assignment is uploaded before 80% (eighty percent) time passed to deadline, the status of Assignment may change to “Under Warranty”, provided there is a Customer’s consent.
3.5 Customer and Writer may not disclose payment information to other users. Customer shall not make payments in any amount related to the preparation and completion of Assignment to Writer, directly or indirectly, in any way other than through the methods provided by the Web Platform. Studybay reserves a right to block or delete user's account, if that user has been attempting or intended to pay for such services outside Studybay.
3.6 Bonus credit granted to any Customer do not have a real monetary equivalent outside the Web Platform, and thus may only be used for purchasing Assignments 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.
3.7 Bonus credit may only be used to pay for up to 50% of the total price of a single Assignment when hiring Writer.
3.8 At the stage of payment for the Assignment bonus credit is used automatically, thus requiring no additional actions from the User.
4 TERMS OF WARRANTY SERVICE
4.1 In case of Customer’s reasonable remarks and complaints about quality of Assignment, Customer is entitled to request necessary adjustments to Assignment to be carried out by Writer within the stated warranty period of twenty (20) calendar days after the status of Assignment changed to “Under Warranty”. If Customer requests a revision for Assignment, the status of that Assignment changes to “In Revision”.
4.2 If necessary, Customer may request corrections for Assignment during the last days of the warranty period. If Customer requests a revision less than 3 calendar days before the warranty period for their Assignment expires, the warranty period may be extended to more than 20 days upon Customer's request. This process may be repeated any number of times if necessary.
4.3 Writer has up to 3 days to make any amendments or corrections to Assignment while it is in Revision, if the initial deadline set up by Customer was more than 3 days away. If the deadline was less than 3 days away, the writer has 24 hours to make amendments. If Customer is not satisfied with the result of Writer’s revision, he or she may request additional revisions.
4.4. Customer may request a refund and corrections only within the warranty period, in accordance with the provision 5.2 of the Agreement. If Customer does not request a refund within the warranty period, Assignment is considered completed, in accordance with all the requirements set by Customer.
4.5 In cases where Customer accepts Assignment before the end of the warranty period, both Writer and Studybay are exempted from the warranty obligations. Thus, as soon as the status of Assignment changes to ‘Completed’, Writer has a right to decline carrying out a revision for Assignment requested by Customer, and Studybay has a right to decline request for refund.
4.6 Writer who uploads Assignment on the Web Platform, confirms that they own copyright for uploaded Assignment, and are fully liable in case of copyright violation by third parties. An exclusive right to Assignment, for which Customer had paid remuneration, is transferred to Customer, as soon as Assignment status changes to ‘Completed’.
5 ASSIGNMENT REFUND POLICY
5.1 Customer’s claims for refund due to unsatisfactory quality of Assignment are to be resolved through mutual agreement between Customer and Writer. If it is impossible to resolve a dispute through negotiations, Studybay has a right at its discretion to assess the quality of Assignment and issue a full or a partial refund to Customer, or decline the request for refund. The deadline for consideration of disputed situation should not exceed 5 business days.
5.2 In order to request a refund for Assignment, Customer must send a written complaint with a description of the problem using the form located on the order page for Assignment with ‘Under Warranty’ status. Refund requests carried out through the means other than the special form on the Studybay’s order page are not eligible for a refund.
5.3 Studybay reserves a right to decline to provide Services for anyone suspected of misusing the Web Platform or participating in a fraud, and reserves a right to cancel any Assignment at its discretion under this User Agreement.
5.4 Studybay reserves a right to cancel Assignment with any status, including completed Assignments, if there is enough evidence that Assignment 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 Assignment to Customer, Studybay also reimburses the Service fee.
5.6 Studybay issues a 100% refund to Customer in the following cases:
5.6.1 Writer does not upload the final version of Assignment before the deadline, while Customer does not accept the delayed Assignment. In cases when Customer accepts the delay by stating so in the conversation, by requesting a revision, or by admitting they have otherwise benefitted from Assignment, the Assignment is considered delayed, and may be subject to a partial refund.
5.6.2 Assignment 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. Assignment is classified as plagiarized, if it is possible to clearly identify a source or multiple sources used by the Writer, and these sources have not been cited in accordance with required format.
5.6.3 Assignment covers a topic that is completely different from the topic requested by Customer.
5.6.4 Quality of Assignment is extremely poor, Assignment contains high amount of errors, which makes that Assignment not revisable. Studybay determines whether the quality of Assignment is high enough to be considered revisable.
5.6.5 Writer uploads the final version of Assignment that does not satisfy the initial instructions provided by Customer to a major extent.
5.6.6 Customer reconsidered his decision and decided not to use the Services and order the Assignment after depositing funds on his Studybay account.
5.7 Studybay may issue a partial refund, split in any percentage between Customer and the Writer if Writer did upload Assignment to the Web Platform, but did not act upon making corrections in the accordance with Customer’s requirements. A partial refund may also be issued if Writer 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 Customer, if that Customer has not previously requested a revision for this Assignment. Partial refund may be issued to Customer in other cases indicated in this Agreement.
If Studybay issues a partial refund for the Assignment to Customer, the Service fee is not reimbursed.
5.8 In all cases described in this Section:
5.8.1 Studybay issues refunds to Customer’s account on the Web Platform excluding the provision 5.6.6
5.8.2 Customer can not apply for a chargeback instead of a refund.
6 SERVICE FEE
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 Customer did not make an order on Studybay, Service fee is not applied.
7 CANCELLATION OF ASSIGNMENT
7.1 Either Customer or Writer may cancel Assignment as long as the status of Assignment is “In Progress”. After successful cancellation of Assignment, the status of Assignment changes to “Auction”.
7.2 Cancellation of Assignment may be requested on the order page, by mutual agreement between Writer and Customer - the receiving party has a right to decline the request for the cancellation of Assignment. The cancellation of Assignment is available only if the receiving party confirms the request for the cancellation of Assignment.
7.3 If Writer confirms the request for the cancellation of Assignment, Customer is entitled to receive Price for Assignment and Service fee.
7.4 Cancellation may be requested only 3 (three) times, accounting for both requests for cancellation of Assignment filed by Writer or Customer, combined.
8 DEPOSIT/WITHDRAWAL OF FUNDS, TRANSACTION FEE
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 Web Platform. Such transfers are called Withdrawals. Users can not apply for chargeback in order to withdraw credit from their Studybay accounts to their personal account or debit/credit card. For purpose of withdrawal, only the methods provided by Studybay may be used.
8.2 Each payment institution disputing the chargeback initiated by a user, imposes a fee for the consideration of the chargeback. Studybay reserves the right to debit the issued fee to 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 withdrawal page, next to their chosen method for withdrawal, before withdrawal request is submitted.
8.4 A user also pays Transaction fee when depositing funds using one of the payment methods provided by Studybay. The total amount of Transaction fee is communicated to User on the payment page, next to their selected method for deposit, before deposit request is submitted.
8.5 Customer may deposit funds into its Studybay account for a further use on Web Platform. In order to withdraw this credit, they may only use the methods provided by Studybay. In case of the situation described in the provision 5.6.6 Customer shall apply for the refund.
9 PREMIUM ASSIGNMENT OPTION
9.1 Premium Order Option will visually emphasize and pin your Assignment at the top of the auction among other Assignments.
9.2 The cost of the Premium Option is 5 (five) USD.
9.3 Assignment will be pinned at the top of the list of assignments for 24 hours since the moment Premium Order Option is been fully paid.
9.4 The cost of the Premium Option is non-refundable in all cases.
10 PARTIAL PAYMENT OPTION
10.1 Partial Payment Option means that Customer may pay 60% (sixty percent) of total price for Assignment when hiring a Writer. After Writer completes Assignment and uploads it, Customer shall pay the remaining 40% (forty percent) for Assignment, plus an additional fee of 10% (ten percent) commission of the total cost of Assignment to Studybay, for the use of Partial Payment Option.
10.2 Partial Payment Option is available for Customers with paid orders of at least 50 (fifty) USD worth combined.
10.3 Partial Payment Option can be used only for Assignments costing between 20 (twenty) USD and 400 (four hundred) USD.
10.4 Using Partial Payment Option, Customer may download the completed Assignment and any drafts uploaded by Writer only after the halfway stage of the deadline, provided Customer completes the second part of the payment. If Customer 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 Assignment and 10% commission is fully paid.
11 INTELLECTUAL PROPERTY
11.1 An exclusive right to all intellectual property posted on the Web Platform (including the text, logo, images, code, sounds and videos) belongs to Studybay.
11.2 Any Assignment completed and uploaded by Writer on the Web Platform is an object of intellectual property. Studybay shall not be entitled to use Assignment hosted by Writer including the information and/or other materials for commercial purposes or to transfer it to third parties outside of the Web Platform.
11.3 Writer and Customer 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 Assignment of or other materials that violate rights of third parties.
11.4 Use of the Web Platform content is possible only within its framework functionality, proposed Assignments or otherwise service the site. No elements of its services may be used without prior consent of Studybay or copyright holder.
Except where prohibited by law, Services and the Web 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 Web 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 Web Platform’s Services.
Any information and/or materials (including downloadable, instructions, requirements and guidance, etc.), access to which Writer and Customer have by using the Web Platform’s Services, Writer and Customer can use at their own risk and of their own responsibility for the possible consequences of the use of such information and/or materials.
13LIMITATION 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 Web 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 Customer in the Web 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 FINAL PROVISIONS
14.1 Studybay has the right at any time without notification to Writer or to Customer to change the terms of this Agreement. The new wording of the Agreement shall be published on the Web Platform.
14.2 Writer and Customer are responsible for any risk resulted from the new wording of the agreement; when Writer or Customer 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 Web 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, Writer or Customer are required to discontinue the use of the Web Platform.
14.4 In the event of disputes arising in connection with the execution of this Agreement, Studybay and Writer or Customer 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 Web Platform are appropriate or available for use in all locations. Those who access or use Services or the Web Platform from jurisdictions prohibiting such use, do so at their own volition and are responsible for compliance with local law.
We are always available to be reached by phone at +1(855)407-77-28, or by e-mail at [email protected]