This TERMS AND CONDITIONS was last modified on 18th January 2018
This terms and conditions describe which you accept by using our Website or our Services.
The contents on this website https://collectifbdp.com/ (the “site“) are provided by “Plan B Services LLC” (herein after referred to as “Plan B Services”), registered under Delaware, USA Law, acting on behalf of and in the interests of Boosta LTD (Cyprus) on the basis of a license agreement. The site is an online platform which connects Writers who provide services and Customers who are in need of such services.
By using this site / placing an order / making payment, it is deemed that you have read and agreed to the following terms and conditions (“Agreement”). If you do not agree to them, do not use the site or access the service from it.
1.1. ‘Customer’ is the person who places order through Plan B Services to obtain the product according to his or her requirements and is governed by the defined terms and conditions (referred to as “you”).
1.2. ‘Writer’ is the person, who has agreed to work on a freelance basis to provide writing services like essays, dissertations, etc. under Plan B Services’ terms.
1.3. An ‘Order’ is an electronic request for a paid service from the Сustomer for a particular writing service. Order specifies the scope of work and other requirements of the Customer regarding the product.
1.4. A ‘Product Revision’ is an edited version of the original product initiated by the Сustomer.
1.5. ‘Support Team or Support’ is the part of Plan B Services’ organizational structure with the mission to assist and coordinate the order process, product and/or service.
1.6. An ‘Order Status’ is the stage at which the order is being processed at present.
1.7. The ‘Quality Assurance Department’ is the part of Plan B Services’ organizational structure with the mission to guard and evaluate the quality of the provided products or services.
1.8. The ‘Messaging System’ is an interactive feature that ensures effective communication between the Customer and the Support/Writer.
2. Acceptance of Terms
2.1. Plan B Services offers this platform to enable you to utilize the services of Writers, conditional on your acceptance without modification, of the Terms, and notices contained in this agreement and any operating rules, policies, and procedures that are published on this Site by Plan B Services (collectively, the “Terms”). The following Terms govern your access to and use of our Service. Your subscription and use of the Service constitutes your agreement to all such Terms. We may update these Terms from time to time without notice to you. You have to check this Terms time to time.
2.2. The words “use” or “using” in this Agreement, means any time a User (a person visiting/using the content/service of the site), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Plan B Services’ Services (see clause 3 below), transmit, receive or exchange data or communicate with the Plan B Services’ Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Plan B Services’ Services, for any purpose whatsoever.
2.3. Unless explicitly stated otherwise, the Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Plan B Services’ resources and services.
2.4. You will not use the Website if you:
are not able to form legally binding contracts;
are under the age of 15;
a person barred from receiving and rendering services under the laws of Delaware, USA or other applicable jurisdiction;
are suspended from using the Website; or
do not hold a valid email address/phone number.
2.5. Subject to your local laws, a person over 15 but under 18 can use an adult’s account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
2.6. We may, at our absolute discretion, refuse to register any person or entity as a User.
2.7. You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
3. Our Services
3.1. This Website is an online platform where Customers can find freelance Writers who can provide high quality essays, dissertations and other writing services. As a platform, Plan B Services ensures delivery of the services by Writers and payment to Writers by Customers. On this website, Customers can find Writers with the skills required for their jobs and who meet their budget, Turn Around Time and other requirements like originality of content.
3.2. Writers are freelancers and are free to apply for an account. Every writer needs to pass internal tests prior to be able to take orders. Every writer has its own rating. Writers with bad ratings are permanently banned to avoid “bad product quality” issues. If support team is not sure that certain writer is able to provide quality services, writer can be asked to provide additional data on his education/courses and/or to write a trial essay in order to test his skills.
3.3. Customers can place order by following the order process for specific job which writers would perform. Once Writers accept these terms to perform the job, it will be their responsibility to complete the job within the agreed time ensuring the quality. Once the job is complete and payment is made by Customer, Writers transfer all rights and ownership of the products to the Customer.
3.4. You also understand and agree that Services may include advertisements. You also understand and agree that the Services may include certain communications from Plan B Services, such as service announcements, administrative messages and updates.
3.5. When You upload, submit, store, send or receive files with text information to, or accepting similarity report from our Services, You give/grant to Us (Our representatives, agents, employers) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, host, store, reproduce, create derivative works (such as those resulting from translations, adaptations or other changes), communicate such content. The rights that you grant by this license are for the limited purpose of operating, promoting and improving our Services, and to develop new ones. This license shall survive termination or suspension of this Agreement notwithstanding the reason of such termination or suspension
4. Order Process
4.1. While registering with the site, please use a valid email address/phone number where you can be reached. We may be required to contact you. Providing incorrect email address is a violation of the terms and conditions of this agreement.
4.2. Customer places order on the site. We do not collect any fee for placing orders. Writers bid for the jobs placed by Customers.
4.3. Writer assignment. A writer specializing in a field chosen by the customer, when assigned with the job, contacts the customer. The customer may either communicate with the writer via messaging system or request for chat with the writer at a specified time. The writer is responsible for obtaining the details of the job. Once a Writer’s bid is accepted, Customer deposits the agreed amount of money with our site.
4.4. Messaging System. Plan B Services use the messaging system for communicating. Our support team and also the writers use message system for communication. Writers can contact the customers and our support team using the messaging system. 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 site.
4.5. 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 Customer. Customer waits for writers’ bids.
In Progress – Customer selects a suitable Writer and approves the bid. Writer starts the work on order. Writer delivers the first version of the product. Customer reviews the product and asks for revision.
Under Investigation – Client requested cancellation of the order; the order is being checked by the Quality Assurance Department. Money released to writer is put on hold. It does not return to client’s balance before the issue is resolved.
Finished – Customer reviews the Final product after the last revision is provided by the Writer. Customer clicks “release 100% money” button.
Cancelled by Customer – Customer cancels order which is in “Bidding” or “In Progress” status; no financial implication.
Cancelled by Writer – Writer doesn’t want to work on order which is “In Progress”; no financial implication.
Cancelled by System – System cancels the order automatically due to no payment / insufficient requirements / expired deadline or cancellation is initiated by customer and executed by the Quality Assurance Department; no financial implication.
5. Delivery and Copyright
5.1. Plan B Services shall not be responsible or liable for any type of delivery issues including those resulting from any of your service providers like internet, email, etc. which are beyond our control, or failure of customer to download the product. Our support team is available to assist you with any delivery problems.
5.2. The products delivered by the Writer engaged by you shall be as per your specifications. You shall own the full copyright pertaining to products and other materials delivered to you. If you find the Writer attempting to pass on the plagiarized content as original, you may reject the product and payment may be withheld.
5.3. Neither Plan B Services nor any of its affiliates and / or partners shall be liable for any inappropriate, illegal, unethical, or otherwise wrongful use of the products and / or other written material received from Writers. This includes plagiarism, expulsion, academic probation, loss of scholarships / titles / awards / prizes / grants / positions, lawsuits, poor grading, failure, suspension, or any other disciplinary or legal actions. Customers shall take up the matter directly with Writers for resolution of any disputes.
6. Revision Policy
6.1. Customer can seek revision of the product if it does not meet the specifications provided by the Customer. Release of funds by the Customer is deemed as completion of the job to the satisfaction of the Customer. No refund is possible either in part or in full if the Customer accepts part of the job or the complete product and instructs release of funds to Writer.
6.2. Customer should provide clear and well-supported reasons for requesting a refund. The refund request will be forwarded to our Quality Assurance department for the investigation. If it is approved, money will be returned to your balance. Сustomer will no longer have a right to use the product. In the case of a decline, the explanation will be provided.
6.3. If a revision request violates the original instructions, our Quality Assurance Department has the right to decline it.
6.4. If the order was in progress and some part of product was delivered, our Quality Assurance Department will review your order upon cancellation. If cancellation request is approved, the status of the order will be changed to “Cancelled”. If it is declined, order status will be changed to “Finished” and money reserved for the order will be released to writer. We reserve the right to release some percent of money to writers on cancelled orders if we see that your actions have no strong reasons or these were not provided to us.
7.1. By electing to use these Services; (a) you warrant that all information you submit is current, true and accurate; (b) you agree to update this information; (c) you agree not to use the Services for any unlawful purpose.
7.2. You confirm that you are of legal age (as defined by the laws of your country) to make on-line purchases of services. You also represent that you are not a person barred from receiving the Services under the laws of your country or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Plan B Services has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Plan B Services has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
8. Money Back Guarantee
8.1. Collectifbdp.com assesses refund requests on a case-by-case basis as there are usually unique reasons as to why a refund request is made. Please note that if you request a refund, we may require documented proof that the quality of your order is low (e.g., scan copy of your instructor’s feedback, plagiarism report, etc.). Should you feel it necessary to make a refund request, we will immediately forward your order to our Quality Assurance Department. After comparing their findings with the reasons for dissatisfaction, the necessary corrective actions will be taken. Any refund request must be made within the Refund Period.
8.2. In case Collectifbdp.com reimburses the money because of mistakes or some irrelevance to the initial instructions, our Quality Assurance Department, at its sole discretion, evaluates the quality of the Paper and refunds an amount comparable to the percentage of incorrect content in the Paper and mistakes present in it.
8.3. Collectifbdp.com provides various methods of contact (i.e. email, telephone, message board, and live chat) to facilitate communication between you, us and the writer assigned to complete an order. Using any of these methods, our Customer Support Center is available to you at any time and will respond to any refund request or other issue promptly. However, if such a request is not received using any of the aforementioned methods within the Refund Period, the company will not be obliged to honor or consider the above said request.
8.4. Collectifbdp.com offers a 14-day money back period for Papers less than 20 pages and a 30-day period for Papers more than 20 pages (”Refund Period”).
8.5. Refund Period begins on the date of Client`s order deadline and expires on the last day of the Refund Period. In case you are not satisfied with any of the Services, you can submit a refund request according to these Terms within the Refund Period. Once the Refund Period elapses, Collectifbdp.com will not refund any amounts paid.
8.6. We will refund 100% of the payment in the following cases:
- The order has not been assigned to a particular writer. You can cancel your order and get a full refund any time before it gets assigned to a writer;
- In case you accidentally pay twice for the same order, we will refund you the second payment after your confirmation*
* If you place two identical orders and pay for both of them, we will assume that you need both orders completed and start working on them. Therefore, if any of the orders is paid by mistake, please, make sure you contact us immediately to clarify the situation. Of course you can cancel any order that you do not need before it is assigned to a writer;
- If for any other reason your order is sent to you after the deadline and you do not need it any more, you can request a full refund. However, in such case, you cannot use the paper as it fully belongs to our company. We can decide to utilize it at our own discretion and also reserve the right to publish it online as a sample of our work;
- The research did not align with the initial instructions indicated in the Order Form (this is subject to inspection by a Quality Assurance Department specialist;
- The level of plagiarism exceeded 10% as indicated in the extended plagiarism report.
8.7. We will refund some of the payment in the following cases:
- Up to 70% – if you cancel the order “in progress” before deadline if less than half the time has passed**;
- Up to 50% – if you cancel the order “in progress” before deadline if more than half the time has passed**;
** A writer has already spent a significant amount of time working on your order and must be compensated
- Up to 70% – if your order is late, but you still have time and would like to use the paper, we will recalculate the price according to previous deadline option. The difference in price will be refunded to you
8.8. We will not refund of the payment in the following cases:
- If you accept order after;
- In case of timely delivery of the Product, We will not be responsible for failure of the Customer to download the Product. Please note that the you will still be billed for the service rendered and no refund is guaranteed at this point in order to pay the Writer for the work done;
- If you received a low mark(score);
- If you are caught using our service;
- If your order is late because you did not provide some required information or materials on-time or we could not reach you via contacts provided, then you can not claim a refund based on lateness. Please, be advised that it is very important to provide valid contact information, including your email address and phone number, so that we can reach you when emergencies occur;
- Excludes all liability for damages arising out of or in connection with your use of this Website. The latter includes, without limitation, damage caused to your computer, computer software, systems and programs and the data thereon, or any other direct or indirect, consequential and incidental damages;
- Non-refundable VAS – VIP Support, Assign the writer of your choice, Choose best writer automatically, Easy Bidding;
- Multiple Choice Question assignments and Problem Solving assignments are not subjected to any refund. Using answers provided by the writer automatically means their approval. In case writer scores less than 50% of correct answers you can be qualified for partial credit. The amount of credit is decided by the Customer Experience Manager separately in each case.
8.9. A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.
8.10. You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Writers through the Website, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.
8.11. You agree that we may reverse any such payments made to you, which are subject to chargeback or reversal instruction via your payment product issuer or third parties (such as payment processors). If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.
9. Payment, Tax and Chargeback
9.1. Placing order on the site for any job/project is free. You can pay money in your account any time. However, you must fund the project (pay money with Plan B Services) after you accept the bid of a Writer. You shall release the agreed fee on completion and delivery of the work by the Writer and its acceptance by you; either in stages, or in one lump sum on completion of the entire project, based on the terms of your agreement with the Writer. After the final document was uploaded (100% completion is stated in your order) you have 3 days to send us any complaints or revision requests. After 3 days money will be released automatically as this is a part of our writer protection. Please, review your order carefully. Once the entire agreed sum is received by the Writer, it is deemed that the work is complete and is to your satisfaction and no refund will be made.
9.2. If you do not plan to use services of Plan B Services, the Plan B Services will be allowed to withdraw the money after sending of appropriate request. Plan B Services ensures funds withdrawal to the User’s account upon request, if such request is made within a year from the last order date. If you use money from your balance after the request was sent Plan B Services reserves its right to reject your request and close the ticket. If you have previously cancelled the order and money was returned to your balance, Plan B Services reserves the right to investigate the reason of cancellation and make decision to either approve or decline your withdrawal request based on the results of this investigation. If money on your balance has never been used before, Plan B Services will refund it within 3-10 business days after the request is placed.
9.3. Money shall be stored on your personal account during six months after sending of the last order. Customer saves his right to make request about the return of unused money to Plan B Services within six months from the moment of sending of the last order. After expiration of six months unused money shall be transferred to Plan B Services on account of payment of operating charges of Plan B Services.
9.4. 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.
9.5. 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.
9.6. You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
10. The Sources
10.1. In the event that the sources required for Your order are rare, obscure, not open sourced or readily available to the general public, it is Your responsibility and You hereby agree to provide those materials at the time You place Your Order. Failure to do so will result in a violation of these Terms and Conditions and the Plan B Services may in its sole discretion take whatever action it deems necessary to address said violation, including, but not limited to refusal to complete Your Order at all or within the agreed time frame, refusal to fully comply with agreed page requirements of Your Order, and/or refusal to offer free revisions and/or any refund.
11.2. By writing a testimonial you agree that Plan B Services is allowed to use your testimonials linked to your account or not for marketing purposes. Plan B Services is also allowed to place your testimonials on pages of Collectifbdp.com
11.3. You can always contact support team and ask to block / remove your testimonials if you feel that it may harm your educational profile.
12. Conduct/Lawful Use
12.1. Customer agrees that use of the site is subject to all applicable International, National, State, and Local laws and regulations. The Customer agrees to abide by these laws and is solely responsible for the content of its communications through the Service. Customer agrees to use Plan B Services for lawful purposes only.
a. not to use Services for illegal purposes;
b. not to interfere or disrupt networks connected to the Plan B Services;
c. to comply with all regulations, policies and procedures of networks connected to Plan B Services;
d. not to resell or transfer your access to the service to any third party;
e. not to restrict any other visitor from using the service;
f. to act responsibly, treat other website Customers with respect and not violate their rights;
g. not to modify, adapt, sublicense, translate, sell, decompile, or disassemble any portion of the Service or any part of the Website;
h. not to harvest or collect information about Customers of the service without their express consent;
i. not to solicit personal information from any one under the age of 18.
12.2. In case of any violation of these Terms, Plan B Services reserves the right to seek all remedies available by law and in equity for such violations.
13. Disclaimer/No Warranty
13.1. PLAN B SERVICES’ SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IN NO EVENT SHALL PLAN B SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY CUSTOMER OR OTHER THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLAN B SERVICES’ SITE. PLAN B SERVICES MAY PROVIDE LINKS TO THIRD PARTY WEBSITES AS WELL AS ADVERTISEMENTS. PLAN B SERVICES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLAN B SERVICES’ SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. THESE THIRD PARTY SITES HAVE THEIR OWN PRIVACY POLICIES. WE ENCOURAGE YOU TO REVIEW THE PRIVACY POLICIES OF WEBSITES YOU CHOOSE TO LINK TO FROM COLLECTIFBDP.COM SO THAT YOU CAN UNDERSTAND HOW THOSE WEBSITES COLLECT, USE AND SHARE YOUR INFORMATION. COLLECTIFBDP.COM IS NOT RESPONSIBLE FOR THE PRIVACY POLICIES OR OTHER CONTENT ON WEBSITES OUTSIDE OF COLLECTIFBDP.COM. AS A PROVIDER OF ONLINE SERVICES, PLAN B SERVICES IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, BLOG OR OTHER INTERACTIVE AREA, EVEN IF PLAN B SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13.2. PLAN B SERVICES FURTHER DOES NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. PLAN B SERVICES MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. PLAN B SERVICES MAKES NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PLAN B SERVICES, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
13.3. Plan B Services is not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Plan B Services’ Services or combination thereof, including any injury or damage to Customer or to any person’s computer related to or resulting from participation or downloading materials (for the purpose of viewing only), in connection with the Plan B Services’ Services.
14. Limitation of Liability
14.1. AS A CONDITION OF USE OF THE SERVICE, AND IN CONSIDERATION OF THE SERVICES PROVIDED BY PLAN B SERVICES, CUSTOMER AGREES THAT NEITHER PLAN B SERVICES, NOR ANY OFFICER, AFFILIATE, DIRECTOR, SHAREHOLDER, AGENT, CONTRACTOR OR EMPLOYEE OF PLAN B SERVICES WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSES, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM ANY SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF WRITER/ CUSTOMER’S TRANSMISSIONS OR DATA OR FAILURE OF THE SITE TO STORE WRITER/ CUSTOMER’S TRANSMISSIONS OR DATA, OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICE, SITE OR CONTENT EVEN IF PLAN B SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2. You specifically acknowledge that Plan B Services shall not be liable for any User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
14.3. Plan B Services makes no representations that the Plan B Services’ Site is appropriate or available for use in other locations. Those who access or use the Plan B Services’ Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15. Digital Millennium Copyright Act
15.1. Plan B Services, an internet service provider, in accordance with requirements established in the Digital Millennium Copyright Act (“DMCA”), has adopted this DMCA Takedown Policy to prevent the violation of copyrights and infringement of intellectual property rights on the https://collectifbdp.com/ website. This DMCA Takedown Policy describes Plan B Services’ general approach to various infringements, and details a procedure for notifying Plan B Services regarding potential infringements.
* The Digital Millennium Copyright Act is a 1998 United States copyright law designed to protect certain content providers and create a “safe harbor” from copyright infringement liability for internet service providers that host allegedly infringing user-generated content. Service providers that follow DMCA requirements and takedown rules shall not be liable for copyright infringement by user-generated content.
15.2. Subject to these DMCA requirements, anyone who believes that a copyright or other intellectual property right owned or controlled by him/her may be infringed by any file made available by an internet service provider may address the internet service provider’s designated agent in order to protect this copyright or other intellectual property right. To contact Plan B Services’ designated agent, you should create a notification including at least the following:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works, including a representative list of such works at the website;
- identification of the material on the Plan B Services site claimed to be infringing on or to be the subject of infringing activity on the rights of the complaining party, which the complaining party is asking to be removed from the site or to have access disabled, including information reasonably sufficient to permit Plan B Services to locate the material;
- information reasonably sufficient to permit Plan B Services to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A notice containing this information shall be submitted as a written notification to Email.
16.1. Customer will defend, indemnify and hold harmless Plan B Services and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, Writers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys’ fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by Writer arising out of or in connection with this Agreement; (b) intentional or negligent violations by Writer of any applicable laws or governmental regulation, (c) contractual relations between the Writer and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.
16.2. This indemnification obligation will survive these Terms and Conditions and your use of the Plan B Services’ Site.
17.1. We reserve the right to terminate your right to use our Services even when you have paid the full amount, if the information that you provided initially to register for our Services or subsequently modified, contains false or misleading information, or conceals or omits any information we would likely consider material; if you do not cooperate for execution of your order; if we suspect that you are involved in any fraudulent transaction. In such a situation, the paid amount will be automatically refunded.
17.2. Transaction disputes under reasons fraud and non-receipt after delivery of product will be considered subject to account termination.
17.3. Any attempt to undermine or cause harm to Plan B Services server or its customers, is strictly prohibited and will be subject to automatic account termination. This includes spamming, transmission of – malware, viruses, trojan horses; or by linking to sites and files that contain or distribute them.
17.4. Plan B Services may terminate your account and forfeit any fee to be paid at any time without prior notice, if you are in breach of the terms of this Agreement. Plan B Services will be the sole arbiter as to what constitutes a violation of the Agreement.
18. Entire Agreement/Severability/Waiver
18.1. This Agreement sets forth the entire agreement between you and Plan B Services in respect of this site and its contents and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof. In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Plan B Services’ failure to act with respect to a breach by Writer or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each of us and our respective successors and permitted assigns.
19.1. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to make online transactions; to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
20. Governing Law
20.1. These Terms shall be governed by the law of Delaware, USA. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
21. Dispute Resolution
21.1. Any action or other judicial proceedings for the enforcement of this agreement or any of its provisions shall be instituted in the courts of competent jurisdiction of Delaware, USA.
22. Contact us
22.1. Any questions or concerns about these terms and conditions of use should be brought to our attention by email to [email protected], and providing us with information relating to your concern.