Terms and Conditions
Version 2.2. Last modified: Sep 03, 2020 (view archived versions)
These terms & conditions (the “T&C” or “Terms”) govern your access and use of our Website and services at EssayByNerd.com (the “Website”). Please read them carefully.
The Website is owned and operated by NERD MY ESSAY Limited.
You are not allowed to access or use the Services or the Website if You are located, incorporated or otherwise established in, or a citizen or resident of: (I)Iran, Syria, North Korea or Sudan; (II) Australia; (III) a jurisdiction where it would be illegal according to Applicable Law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services; (together, the “Restricted Jurisdictions”). We may, in its sole discretion, implement controls to restrict access to the Services or the Website in any of the Restricted Jurisdictions. We reserve the right to close any of your accounts immediately upon discovery you are accessing the Website or Services in violation of these restrictions or Terms.
“Website” means an aggregate amount of the web pages available at http://www.essaybynerd.com and all sub-domains thereof, where the Services are realized.
“Services” means refers to various types of written tasks, including essays, research papers, dissertations and other written academic works that may requested by the Client.
“We”, “Us”, “Ours” means NERD MY ESSAY Limited, a company registered under the laws of United Kingdom.
“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
- The Order is placed by completing the Order form provided in the Website. No Product is provided by other means then by request.
- The Order form will specify the scope of the work, Order parameters and delivery terms. It is Your personal responsibility to provide exact, full and final information to each standard Order form section when filling in Our Order form.
- In addition to Your Product requirements You will be requested to register by providing Your contact information such as name, email address and phone number. Should any of these parameters change over time, it is your responsibility to update your Account information accordingly or inform our support of such changes.
3. Order Payment and Discounts
- When placing an Order, You agree to buy the Product from Us. We start to process Your Order only after the payment for the Product is made and is authorized.
- The payment for the Product is calculated according to our current pricing, which you may find at the Pricing page, and is paid in advance as stated in the Order form once the scope of work is identified. We are not responsible for Product delivery until the payment has been made in full and has been authorized.
- Orders can be paid with payment methods, currently available at the Website. Please check the Website to find available payment methods at the date of your payment.
- We reserve the right to offer discount and bonuses at our own discretion in accordance to current Discount Policy.
- The Company commits to provide equal access to discount and bonus program information for each Client with no exceptions.
- If the Client wishes to stop working with us – a refund will be processed according to the Money Back Guarantee Policy. Please note, that we cannot be held responsible for your Bank Transfer fees, transfer anomalies, and/or possible delays occurring due to any Bank service issues.
- 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.
- 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.
- You acknowledge that You must comply with Your obligations under income tax provisions in Your jurisdiction.
4. Order Process
- Order validation. We reserve the right to re-check the Order details following the final payment to confirm whether the requirements of the assignment were met successfully as indicated by the Client. Should a mismatch occur, we reserve the right to modify the Order to ensure that the Client’s requirements have been adhered to.
- Order volume. Each Order placed by the Client has a required volume, that is measured by the number of pages. One page equals to 275 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.
- 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 provide additional compensation for the additional instructions.
- 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.
- Communication. The Client is highly encouraged to communicate with the Writer or our support team using the messaging system of the Website or by contacting the support team directly by phone or live chat when seeking more information.
- 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 all communication means, which are available 24/7, to get updates on his or her Order status.
5. Order Delivery
- We are responsible for the delivery of the Product and for meeting the deadline indicated in the Order.
- 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.
- The Client is held responsible for downloading the Product in a timely manner after the Product has been provided by us.
- Please review our Money Back Guarantee to be aware of you right for refund.
6. Order Revision
- Please read our Revision Policy.
- Please note that we reserve the right to decline a revision request if the revision instructions violate initial Order instructions. In such cases the Client may be requested to pay additionally for the requested changes or place the Order for editing.
- 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 Money Back Guarantee Policy.
8. The Use of Products
- 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.
- 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:
- 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.
- 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.
- 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. Referral Program
Your actions provisioned by Referral Terms constitutes that (i) You agree to be bound by them, and (ii) You participate in the Referral Program. We reserve the right, at Our sole discretion and without prior notice, to suspend, change or terminate the Referral Program, in whole or in part; to modify, limit or suspend the use of or referral discounts in any respect; to modify or change procedures. In addition, We reserve the right to cancel Your Referral Program participation, in Our sole discretion, in case You violate any of these Terms or any applicable law, or if You earn the Bonus via deception, forgery, fraud, or commit any other abuse of the Referral Program. We may make these changes even though the changes may affect the value of discounts already accumulated at any time.
“Referral Program” or “RP” means complex of rules governing the process of earning bonuses by the existing Clients for referring third persons to the Website in capacity of new Clients, including all relevant material terms and conditions of such process and its substance.
“Bonus” means discount for the Services represented in the form of coupon – an electronic document, which has specific characteristics: (i) the amount of the discount is 10$, (ii) term of its validity is 30 calendar days, and (iii) eligible to be used with the single Order, which price exceeds 25$; it expires automatically.
“Referring Client” means existing Client, which refers to the third persons to the Website in capacity of new Clients, eligible for Bonus.
“Referred Client” means third person, which was referred by the Referring Client and, upon acceptance of T&C and further use of the Website, constitutes new Client, eligible for Bonus.
- Eligibility for Referral Program
- In order to participate in RP, the Referring Client has to be an actual Client in good standing, meaning – being in compliance with T&C in force, who has approved and completed at least one Order prior to the referral.
- Any third person, who is eligible to become a Client, may become a Referred Client, and no specific requirements, except provided by these Referral Terms, has to be met.
- Referral Process
- Every existing Client, eligible to participate, has an opportunity to participate in RP by inviting a third party to use the Services of the Website.
- Invitation has to be done using the Client’s interface – clicking the tab “Invite a friend”, which is located in the Client’s Account. The Client would be able to copy the invitation link, which leads to the Website, and send it to any third person (“Invited Person”) via any means of choice (e-mail, messengers, etc.)
- The Invited Person may follow the link and register Account according to the T&C, thus becoming a Referred Client.
- Such Referred Client receives Bonus to his/her Account automatically at the moment of registration. This Bonus would be automatically applied to the first (or the next one in case of Referring Client) Order. Confirmation of the Order with such discount constitutes its appropriate use and shall exhaust it.
- The Referring Client receives Bonus to his/her Account each time the Referred Client(s) uses Bonus appropriately at the moment when Referred Client finishes the Order. Algorithm of such Referring Client’s Bonus use is the same as for the Referred Client.
- Neither Referring, nor Referred Client may use more than one Bonus per one Order. At the same time, Bonuses are not cumulative.
- The number of invitation links, so as the number of Referred Clients, issued by one Referring Client is limitless.
- In no case the Bonus shall be provided in any other form (including cash, wire transfer) than the coupon with a discount.
- Bonus does not stick with another Bonus, or any other discount provided by Us.
- Restrictions and limitations
- The invitation link should only be used for personal and non-commercial purposes, such as sale or barter. It also should not be published or distributed by any commercial means, such as coupon website, or by improper means, such as “spamming” (meaning unsolicited commercial advertisement in scope of Law of the United States CAN-SPAM Act of 2003).
- Multiply referrals are allowed and no number of referrals sent shall be deemed as abuse of these rules.
- We reserve the right to suspend/terminate the Referral Program or alternate the rules upon any reason we deem appropriate.
- If We reasonably suspect that You, either as Referring or Referred Client, act abusively, fraudulently, or in violation of Referral Program, we may suspend Your access and, consequently, terminate Your use of the Website according to section 13 of T&C.
- We would notify the Referring Client on subject matter of: (i) when the Referred Client placed an Order, (ii) when the Referred Client finished an Order. We reserve the right to notify and communicate with both Referring and Referred Client on any other subject matter in case of need, so both of them also have the right to communicate/contact Us on the subject matter of any issue regarding the Referral Program.
11. Personal Data and payment information: use and security
12. Account information and security
- As part of the registration process you will be asked to provide your name and e-mail address (one or both of which will be your username for the Website) and select a password.
- You must keep your Account information secure and must not disclose it to or share it with anyone.
- 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 Edit profile and change it Yourself, or contact us using one of the methods specified here.
- We reserve the right to change Your password if we believe that it is no longer secure. If we do so, You will be notified by an email sent to the email address provided in your Account.
- If You forget Your password please click here where You will be able to reset your password provided You satisfy our security check.
13. Use of the Website; termination and suspension of use
- You may access the Website solely for Your own personal, non-commercial use.
- 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:
- disseminating any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, or otherwise objectionable material or otherwise breaching any laws;
- transmitting material that encourages conduct that constitutes a criminal offense, or otherwise breaches any applicable laws, regulations or code(s) of practice;
- interfering with any other person’s use of the Website; or
- making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- If You breach any of the provisions of these Terms, You will be responsible for any losses and costs resulting from your breach.
- We may terminate your use of the Website if you breach any of these Terms.
- 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.
- 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.
14. Intellectual Property Rights (“IPRs”)
- IPRs in the Products
- The Products delivered to You have been drafted by our Writers.
- Full copyright in any Products or other materials delivered to You is retained by us and/or our affiliates and partners.
- 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.
- 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.
- 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.
- 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 the intellectual property or other rights or 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.
- IPRs on the Website
- All IPRs in any part of the Website are owned by or licensed to us.
- 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.
- 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.
- Sources Used Feature
You will not be provided with articles or e-books in their entirety. Rather, excerpts cited in the Product are delivered for referencing purposes. Furthermore, a service fee is assessed for the collection and delivery of materials, including links to sources from where the material is available in its entirety for purchasing or viewing.
15. Disclaimer and Limitation of liability
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- Unless otherwise stated in these Terms, all notices from You to us must be in writing and sent to our contact address given in the Contact Us page on the Website.
- 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.
18. Governing law and jurisdiction
- These Terms are governed by laws of England and Wales.
- 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.
- In addition, both You and the we 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.
- 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.
- 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.
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.
- Version 2.2. Last modified: Sep 03, 2020
- Click here for version 1.0. Last modified: Jan 21, 2014