Terms and Conditions

Terms & Conditions

PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

These Terms of Services (“TOS”/“Terms of Service”) form an agreement between you, (“you”, “User” or “Professional”) and Answeropia Ltd. private limited liability company duly incorporated under the laws of the Republic of Cyprus, with registration number ΗΕ 412320 and with registered office at 5A Samouil Haouz str. K. Polemidia, 4151, Limassol, Cyprus   (“Company”, “we”, “our” or “us”), the owner of the www.answeropia.com (“Website”) (You and the Company shall jointly be referred to as the “Parties” and separately, each as a “Party”).

Description of our services: We and our Website facilitate the connection and conversation between Clients and Professionals for the purpose of the provision of Answer to Questions circulated by Clients through the Website, where the Client circulates a Question seeking Professionals to provide an Answer, interested Professionals bid based to provide an Answer to the Question on the basis of a fee, the Client selects a Professional to provide the Answer and the Answers are drafted and provided by Professionals in exchange for the pre-determined fee payable by the Client to the selected Professional which has been agreed upon the selection of the Professional. We and our Website also partly facilitate the payment of the fee by the Clients and the subsequent transfer of the fee to the Professionals, following the deduction of a commission for our services. Our services do not involve the drafting of the Answers and hold no responsibility or control with respect to whether the Question will be answered by the selected Professional and/or whether the Question will be answered correctly and/or accurately.

You are an independent practicing professional and/or academic acting in your professional capacity.

You must read, agree to, and accept all of the provisions of TOS located at any part of the of the Website, to be a User of our Website.

1. DEFINITIONS AND INTERPRETATION
2. PROFESSIONAL’S ACCOUNT
   1. ACCOUNT: registration and acceptance
   2. ACCOUNT: eligibility
   3. ACCOUNT: profile
   4. ACCOUNT: identity and verification
   5. ACCOUNT: prohibition on Account use
   6. ACCOUNT: usernames and passwords
3. GOOD STANDING
4. PROFESSIONAL’S DUTIES
5. QUESTION CLARIFICATION
6. REANSWERING QUESTIONS – ADDRESSING CLARIFICATIONS
7. HOW OUR PAYMENT/REWARD SYSTEM WORKS:
   1. PAYMENT DETAILS
   2. PAYMENT INSTRUCTIONS
8. CALCULATING PAYMENTS TO PROFESSIONALS:
   1. PENALTIES AND FINES
   2. TAXES
9. TRANSFER OF COPYRIGHT
10. INDEMNIFICATION
11. LIMITATION OF LIABILITY
12. CLIENT’S RIGHT TO WITHDRAW
13. TERMINATION
14. DISCONTINUANCE
15. DATA PROTECTION
16. CONFIDENTIAL INFORMATION
17. DISPUTE RESOLUTION PROCESS
    1. DISPUTES WITH CLIENTS
    2. DISPUTE WITH US
18. JURISDICTION
19. SEVERABILITY
20. OPT-OUT FROM TOS
21. GENERAL
    1. ENTIRE AGREEMENT
    2. WAIVER
    3. ASSIGNABILITY
    4. SEVERABILITY
    5. FORCE MAJEURE
    6. PREVAILING LANGUAGE AND LOCATION
    7. CONSENT TO USE ELECTRONIC RECORDS
    8. AMENDMENTS
22. CONTACTING US

1. DEFINITIONS AND INTERPRETATION
   In this document:
   • “Account” means the account profile associated with your email address with which you consent to use the Website and to be shown to and/or accessed by Company’s representatives, employees, subcontractors and (in required part e.g. username, rates, etc.) to Clients;
   • “Confidential Information” means any material or information provided to or created by a Professional or the suitability of another professional, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form.

     Confidential Information does not include material or information that is known to the public or that: (a) is generally known by third parties as a result of no act or omission of Client; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by Professional prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by Professional without use of another person’s Confidential Information.

   • “Services” refers to the provision of Answers by a professional to Questions which are sent by a Client. In contrast “services” shall maintain the general, everyday meaning of the word.
   • “Client” means and refers to any natural person who is requesting, bidding or paying for Services or executing an order, uploading any information through and/or on the Website, and who is registered on the Website as a user;
   • “you”, “
     User” or “
     Professional” means you provided that you are also a professional;
   • “professional” means an independent practicing professional and/or academic contracted as a freelancer and/or self-employed individual, who is registered on the Website as a Professional and provides Services to Clients, according to an agreement with us. For the purpose of these ToS “Professional” shall mean you, whereas “professional” shall mean either you any any another person fulfilling the above definition unless the specific wording of the ToS excludes you;
   • “Question” means an electronic request from the Client for an answer of a particular academic question by a Professional, in exchange for payment. Question specifies in detail the question, the deadlines and other requirements of the Client. Question refers to the question submitted in electronic form by the means available on the messaging system of our Website, by the Client. Question refers to a theoretical question or a question involving an imaginary or virtual scenario and/or problem and is not seeking advice as to how to deal with and/or handle any real-life scenarios and/or problems. Question might contain Client’s information.
   • “Reply” is the first response of the Professional to the Question.
   • “Answer” is the sum of responses to a Question, that are drafted and provided by the Professional in accordance with these Terms and Conditions. Answer is the Reply to the Client’s Question, the Clarification (if any) and it also includes all conversation between Client and Professional by any means available on the messaging system of our Website. In order for a Question to be considered as answered, the conversation between Client and Professional must close.
   • “Clarification” is the answer to a request from the Client for clarification of a Reply provided by a professional. It is in the form of chat message in the Website.
   • “Client`s information” means the file containing text and/or figurative information represented in any format that is accepted by the Website that has been submitted by the Client. We reserve the right to determine the requirements regarding the size and the format of the files with the Client`s information.
   • “Substantial Change” means a change to the terms of the TOS or other related document that reduces your rights or increases your responsibilities.
   • “Dispute Resolution Process” means the process to be followed by Professional and Clients in accordance with the Dispute Resolution Services
   • “Quality Assurance Department” refers to the Company’s structural unit responsible for evaluating and protecting the quality of the Services.
   • “Answeropia Point” is a token representing a professional’s right to be an additional bidder to a posted Question that already has 5 professionals who have placed bids and is considered as closed for bidding.
   • “Website” means the sum of the web pages available at answeropia.com and all sub-domains thereof, where the Services are realized.
   • “Company”, “
     we”, “
     our” or “
     us” means Answeropia Ltd. private limited liability company duly incorporated under the laws of the Republic of Cyprus, with registration number ΗΕ 412320 and with registered office at 5A Samouil Haouz str. K. Polemidia, 4151, Limassol, Cyprus
   • “Terms & Conditions”/“
     Terms”/“
     T&C”
     /“TOS”/“
     Terms of Service” mean all the clauses and definitions included herein, and includes the following important documents, as they may be in effect and modified from time to time: Cookie Policy, Privacy Policy, other rules and instructions in “Policies” section (“
     related documents”).

   Clause and/or section headings are used for ease of reference and do not affect the interpretation of this Agreement.

   A person or professional includes only a natural person, and does not include a legal entity, a corporate or unincorporated body (whether or not having separate legal personality).

   Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.

   A reference to one gender includes a reference to the other genders.

   A reference to a particular statute, statutory provision or subordinate legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts and subordinate legislation for the time being in force made under it. Provided that, as between the Parties, no such amendment or re-enactment made after the date of this agreement shall apply for the purposes of this agreement to the extent that it would impose any new or extended obligation, liability or restriction on, or otherwise adversely affect the rights of, any party.

   Writing or written includes e-mail (unless otherwise expressly provided in this Agreement).

   References to this Agreement include this Agreement as amended or varied in accordance with its terms by any other collateral agreement in writing.

2. PROFESSIONAL’S ACCOUNT
   1. ACCOUNT: registration and acceptance
      To access and participate in the Answer writing Services via the Website, you must register for an Account. Subject to the TOS, certain portions of the Website are available to any Website visitors, including those portions before your Account registration is accepted. Company reserves the right to decline a registration to add an Account at its sole discretion for any lawful reason, including but not limited to supply and demand, cost to maintain data, or other business considerations.

      By registering for an Account to use the Website, or by clicking to accept the TOS when prompted on the Website, you agree to abide by this TOS and the related documents.

   2. ACCOUNT: eligibility
      We offer the Website for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Website and participate in the provision Services, you must, and hereby represent and undertake that you (a) are authorized to act for an independent business person (whether it be as a practicing professional and/or an academic); (b) will use the Website for business purposes only; (c) will comply with any licensing, registration, legislation or other requirements with respect to your business, or the business for which you are acting, the provision of freelance services and the provision of the Services; (d) an individual of 18 years old or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form legally binding contracts, (e) you will not use the Website for any illegal purposes; (f) have and maintain
      sufficient academic and/or professional qualifications and/or with working and/or professional experience; (g) have sufficient academic and any other resources to provide Answers to Questions; (h) are acting in your professional capacity; and (i) maintain sufficient professional liability covering the provision of Services.
   3. ACCOUNT: profile
      To register for an Account to join the Website, you must complete a User profile. You agree to provide true, accurate, and complete information on all registration and other forms you access on the Website and to provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity, qualifications, experience, location or your skills and to correct any such information that is or becomes false or misleading. Information you provide us will be the subject of personal data protection in accordance to our Privacy Policy.
   4. ACCOUNT: identity and verification
      When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your location. You authorize Company to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us in a timely manner with complete information about yourself. If you fail to meet the requirements, the Company may immediately terminate this agreement, your Account may be permanently banned, and/or payments may be suspended until verification is done.

      You have to provide a valid phone number and email address so we can reach you. Providing an invalid email address or phone number or using fraudulent phone services may lead to immediate termination of this agreement, an account suspension and/or Account termination.

      You have to inform the Company if you change the place of residence. The Account of the Professional whose actual place of residence does not match the information provided in the profile may lead to the immediate termination of this Agreement and/or the Account to be disabled and/or permanently banned, as it would imply that the Account was sold and/or transferred to third parties.

      The name stated in the Professional’s profile should correspond with the name of the owner of an Account. Indicating any personal information in messages to the Client or any files shared with the Client is strictly prohibited. The Company does not bear any responsibility for information shared by these means.

   5. ACCOUNT: prohibition on Account use by third parties
      It is prohibited to give, give access, transfer or to sell an Account to another person, through the provision, disclosure and/or sharing of the username and password and/or otherwise. In case of breach of this prohibition you are fully responsible and liable for any action of any person to whom you have provided any permissions and/or access and any other person who uses the Account and this may lead to the immediate termination of this Agreement by the Company and the used Account can be banned by the Company.
   6. ACCOUNT: usernames and passwords
      When you register an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You have complete responsibility for your account and everything that happens on your Account, including for any harm and/or damage to us and/or anyone else caused by anyone using your Account without your permission. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in on the Website with the username and password of another person . Violation of Account security may lead to the immediate termination of this Agreement by the company, an Account ban and/or suspension of payments.

      This clause shall be without prejudice to the prohibition of clause 2.5 above.

3. GOOD STANDING
   By applying and participating in the Answer writing services provided through this Website, you are representing to us that you are a qualified Professional in good standing, have and maintainsufficient academic and/or professional qualifications and/or with working and/or professional experience, have sufficient academic and any other resources to provide Answers to Questions and are acting in your professional capacity. Providing false or incomplete information may result in the immediate termination of this Agreement, in being banned from the system and / or withholding of all payments due to the Professional, under these Terms and Conditions.
4. ANSWERING QUESTIONS/ PROFESSIONAL’S DUTIES
   Notifications about a Question posted by a Client, shall be sent to you depending on the subjects of expertise you have declared upon the registration of your Account.

   Once you receive notification about a Question posted by a Client, then you have the option to submit your bid by the bidding deadline. However, the bidding system works on a first-come-first served basis, thus only bids from the first 5 professionals that have bided shall be presented to the Client and only those will be possible to be accepted by the Client, unless the Professional redeems an Answeropia Point, in which case 6 professionals will be presented to the Client with him being the 6
   ^th bidder.

   A bid by the Professional shall represent an offer to the Client by the Professional to provide a Reply in exchange for the bid amount. The Professional’s bid shall not include an obligation by the Professional to provide any Clarification.

   You undertake to regularly check your email, notifications and Questions section of your Account in the website.

   You are allowed to withdraw your bid before it is selected by a Client, and in that case you shall not be bound by the bid previously submitted.

   Professional deadline; Beginning and adjustment: In case where a selection takes place, the deadline period for the submission of a Reply shall start counting upon both of the following have taken place: a) the Client selects the Professional and b) the payment of the agreed fee by the Client to the Company through the Website with respect to the selected Professional. It is hereby clarified that a) where the bid has been selected and payment has been made before or upon the bid deadline, then the deadline period for the submission of a Reply shall start counting from the expiration of the bid deadline irrespective of whether the selection has been made earlier than the bid deadline, and b) where the selection and/or the payment are done following the expiry of the bid deadline, the deadline period for providing a Reply shall start counting from the payment of the bid amount by the Client to the Company, and the Reply deadline shall be automatically adjusted so that the Professional has at their disposal a deadline period equal to the period between the end of the bid deadline and the expiry of the initial Reply deadline. The Professional shall be informed of the selection and any deadline/deadline period adjustments upon the start of the deadline period for the provision of a Reply. For instance, where a Questions is posted at 12:00pm on 19/05 with a bid deadline period of 3 (three) hours and the Reply deadline period is 24 (twenty-four) hours, in the event that:

   1. the Professional’s bid is selected and payment is made by 13:00pm on 19/05 (i.e. before the bid deadline), the Reply deadline shall expire at 15:00pm on 20/05, which is 24 hours from the end of the bid deadline.
   2. the Professional’s bid is selected and payment is made by 15:00pm on 19/05 (i.e. upon the bid deadline), the Reply deadline shall expire at 15:00pm on 20/05, which is 24 hours from the end of the bid deadline.
   3. the Professional’s bid is selected and payment is made by 18:00pm on 19/05 (i.e. after the bid deadline), the Reply deadline shall expire at 18:00pm on 20/05, which is 24 hours from the relevant selection and payment.

   Upon winning a bid, you are bound and undertake to draft and provide Replies to Questions in accordance with the Clients’ Questions, deadlines and these TOS, by using the Website’s messaging system and means available there.

   Reply must be clear, accurate and free of grammar, syntactic, and punctuation errors.

   The Professional in no case can be considered as, and shall in no circumstance take any action to cause any person to believe that the Professional is a hired employee of the Company or as its agent or representative. In the event that there is any suspicion or knowledge that a person considers the Professional as an employee, agent or representative of the Company, the Professional shall be obliged to clarify that this is not the case.

   After the Professional has Replied to the Question, the Client may either:

   1. State that the Client is satisfied with the Reply. In that case the Client shall have the opportunity within the next 7 days to include a rating for the Professional;
   2. State that the Client is not satisfied with the Reply. In that case the Client shall have the opportunity to include a rating for the Professional within the next 7 days or to request for a Clarification from the Professional a per clause 5 below
   3. do nothing. In the event that no rating is provided by the Client, no Clarification is requested and there is no activity between the Client and the Professional for 7 days, the conversation shall close automatically.

   In either of the above cases, upon the provision of a rating the conversation shall close and alternatively, if the Client does not provide a rating and the conversation closes, the Professional shall be automatically provided with a rating of 4 out of 5.

5. QUESTION CLARIFICATION 

   If the Client states that the Client is not satisfied with a Reply, then, inter alia, the Client can ask for a Clarification from the Professional.

   It is hereby clarified that, if the Client requires Clarification, then this shall not be considered to be part of the deadline to provide a Reply and the Professional shall be permitted to provide the Clarification even after the deadline has expired.

   Upon a request for Clarification from the Professional, the Client, at his sole discretion and without being required to offer time to the Professional to provide the Client with a Clarification, may either:

   1. include a rating for the Professional, in which case the Client shall also have the opportunity to select another professional to make the Clarification. Upon the provision of a rating the conversation shall close and no Clarifications can be requested from or provided to the Professional; or
   2. do nothing. In the event that no rating is provided by the Client, no Clarification is requested and there is no activity between the Client and the Professional for 7 days, the conversation shall close automatically and shall automatically provide the Professional with a rating of 4 out of 5.

    

   A Client shall be able to re-circulate to other professionals a request for Clarification as many times as the Client wants.

   It is not mandatory for the Professional to make any Clarifications. However, by making Clarifications, the Professional can improve the rating to be received by the Client. If the Professional does not want to make any further Clarifications, then this should be selected by the Professional after each Clarification is made. If however, the Professional does not make Clarifications requested, then the Client shall have the opportunity to rate the Professional, the conversation will close and the Client can select another professional to make the Clarification.

   If the Clarification requested by the Client constitutes another Question or is superfluous or vexatious, a warning message can be sent from the Professional to the Client and to the Company. The Company shall be the sole arbitrator as to whether the Clarification amounts to a new Question or whether the Clarification is superfluous or vexatious, and if this is the case then any negative rating by the Client against the Professional shall not be prevented from negatively affecting the overall rating of the Professional.

6. REANSWERING QUESTIONS – ADDRESSING CLARIFICATIONS
   Elapsed deadline questions: In the event that a professional fails to Reply to a Question by a deadline, and unless the Client selects to wait for a Reply by that professional for an additional 8 hours (see clause 8.1 below), or even if he Client decides to wait, the additional deadline of 8 hours is again not met, then the Client may elect to re-circulate the Question in accordance with the procedure of clause 4, to all the remaining professionals of the same subject of expertise, with the difference that the bidding deadline shall be 3 hours and the Reply to the Client shall be required to be submitted within 24 hours from the moment the Question was circulated (new deadline) for a fee equal to the whole bid amount initially paid by the Client. It is hereby clarified that the 24 hours of the new deadline includes the 3 hours of bidding deadline. Provided that the Professional is not the professional whose deadline elapsed, the Professional shall be allowed to bid to provide the requested Answer. In the event that the Professional’s bid wins then the Professional shall be bound to meet the new deadline.

   Clarification questions – i.e. when Client wants to choose another professional to provide a Clarification. In such cases, the Client may select to circulate the request for Clarification in accordance to the procedure noted in clause 5 to all the remaining professionals of the same subject of expertise, with the difference that the bidding deadline shall be 3 hours and the Clarification shall be required to be submitted within 24 hours from the moment the Question was circulated (new deadline). It is hereby clarified that the 24 hours of the new deadline includes the 3 hours of bidding deadline. Provided that the Professional is not the professional who provided the relevant Reply or was selected in the past to provide the requested Clarification, the Professional that will be selected by the Client will have access to the conversation between the Client and the previous professionals who provided an Answer or a Clarification, so it is easier to give the requested Clarification, however the Professional shall be prohibited to communicate, make available to the public, copy, reproduce any parts of the aforementioned communication and/or otherwise violate any copyrights which are attached to the aforementioned communication. The Professional shall be bound to meet the new deadline. When the Professional answers a request for Clarification, then upon provision of the Clarification and at the end of the conversation, he gains 1 Answeropia point which is the right to be an additional bidder in a question that already has 5 professionals that have placed bids and is considered as closed for bidding. These requests for Clarification can be answered when a question is circulated to the professional with the Re-bid status, and the Professional can select to answer this request for Clarification for free, in order to gain an Answeropia point. Following the provision of the Clarification, the Client may either:

   1. state that the Client is satisfied with the Clarification. In that case, the Client shall have the opportunity within the next 7 days to include a rating for the Professional; or
   2. state that the Client is not satisfied with the Clarification. In that case, the Client shall have the opportunity within the next 7 days to include a rating for the Professional and subsequently the Client can re-circulate the request and select another professional to make the Clarification.

   Alternatively, in the event that the Professional fails to provide the Clarification within the new deadline, then the Client shall have the opportunity to include a rating for the Professional, and subsequently the Client can re-circulate the request and select another professional to make the Clarification.

   In either of the above cases, upon the provision of a rating the conversation shall close, no further Clarifications can be requested, and alternatively if the Client does not provide a rating and the conversation closes, the Professional shall be automatically provided with a rating of 4 out of 5.

7. HOW OUR PAYMENT/REWARD SYSTEM WORKS

   Payment

   The Earnings page of the Professional shows, inter alia, all the Questions of the Professional. Once a Question has been fully answered and conversation was closed, then the Question will be available for selection, in order for the Professional to request payment

   The Professional can select anytime, as many Questions as the Professional wants to request for payment, provided that the total of the amount available to be paid to the Professional (i.e. the amount of the bid minus any commission withheld by the Website) from all the selected Questions to be paid to the Professional is more than €10.

   The amount to be paid to the Professional will be after the deduction of any penalties imposed to the Professional, and charges of the payment option selected by the Professional.

   After receiving a payment request from the Professional, the Website will process the request within 7 working days and once approved it will be processed by the payment option selected by the Professional.

   Once the requests for payment relating to the selected Questions have been paid for by the Website, they will move to the Paid Questions section.

   Answeropia points

   Once a Clarification has been provided and the conversation was closed, then the Professional gains an Answeropia point which appears in the Earning page along with the rest of the Answeropia points he has accumulated.

   The Answeropia points shall be automatically redeemed by the Professional upon the Professional selecting to bid with respect to a Question against which 5 other professionals have already bid.

   1. PAYMENT DETAILS
      Payment can take place by way of Bank Wire Transfer.

      Payment will be made in accordance with the payment details you provide to the Website .

   2. PAYMENT INSTRUCTIONS
      You agree to bear all and any costs related to the transfer of payments from the Company to you, including fees or commissions charged by banks and/or transfer agents. These commissions will be shown to you when selecting each payment option, before you submit your payment request, but it should be noted that additional charges might apply depending on the payment method (e.g. additional charges by the receiving bank).

      To receive any payments from the Company, you may choose the following options:

      • Bank Wire transfer: In order to complete payments, we need the following details:
        1. Name of recipient
        2. IBAN Number.
        3. SWIFT code
        4. Recipient Address
        5. Bank name
        6. Country of bank

      Attention! Please be very careful and precise with your information requested above.

      We cannot be held responsible for insufficient or incorrect bank details you have supplied to us. In the event of an error, you bear any bank fees and commissions charged for the recall of transfer and / or changes in the details of payment. Your ID may be provided to a bank on its request.

      Unclaimed payment:

      • In case a Professional stops working with our Website, it is the Professional’s responsibility to request and receive the money left on his/her balance;
      • If you decide to deregister or receive a message about the Account closure and/or termination of this Agreement, the security amount of €10 (or lower) will also be available for payment, provided that they are not withheld due to damages cause to the Company and/or due to breach of this Agreement.
8. CALCULATING PAYMENTS TO PROFESSIONALS
   When the Client first posts the Question, then the amount which becomes available to the Professional for payment is 80% of the bid amount. The 20% of the bid amount shall be withheld by the Website as a commission.

   When the deadline of a Questions has elapsed and the Client then selects the Professional to answer the re-circulated Question, then the amount which becomes available to the Professional for payment is 100% of the bid amount of the previous Professional who has missed the deadline.

   This clause is subject to any penalties and find applicable under clause 8.1 below.

   1. PENALTIES AND FINES

      Fines and penalties are applied by the Company due to the fault and/or negligence of and/or breach of this Agreement by the Professional. Such fines and penalties might be deducted by the Company from amount available for payment to the Professional, in addition to any commission withheld by the Company and in the event that the deductions are not sufficient then the Company may issue legal proceedings against the Professional for any remaining balance.

      Below, you can find cases when fines and penalties are applied:

      Violation of Confidentiality Policy: It is forbidden to disclose your personal information or ask for the Client’s personal information (personal contacts, login or payment details to communicate outside Answeropia.com). If the Client provides his or her personal information, Professionals must immediately inform the Client about the Confidentiality Policy Violation. If the Professional doesn’t remind the Clients about the violation, then the Professional will be noted as committing the Confidentiality Policy Violation.

      For the first instance of violation: the Professional shall be penalized €50.

      For the second instance of violation: the Professional shall be penalized €100 and given an official warning.

      For the third instance of violation: we shall immediately terminate this Agreement, cease our contractual relations with the Professional hereunder, and the Professional’s engagement with the Company shall be immediately terminated without any compensation or refunds due to the Professional whatsoever, any amount of available payment to the Professional shall be withheld and the Professional’s Account shall be closed and shut down.

      No reply to Question by deadline: Whenever a deadline has not been met by the Professional, then the Client shall be entitled to a full refund, provided always that his right to a refund is exercised before the Professional sends the Reply. It is hereby clarified that, if following the expiry of the deadline, the Professional sends the Reply to the Client, while the Client has not yet exercised his right to a refund, the Client shall then automatically lose the aforementioned right. Provided always that the Professional has not sent his Reply, the Client can exercise his right to a refund by first pressing the “Refund Button”, and then selecting one of the following three options:

      • Option 1: to wait for the Professional another 8 hours to reply to the Question. In this case, the Professional must reply to the Question within the new timeframe, but the Professional shall not be paid at all and will not be charged with any penalty. If the Professional again does not reply within the new timeframe, then in addition to the full refund of any amount to the Client, the Professional will be charged with a penalty equal to the bid amount paid by the Client;
      • Option 2: to select another professional to answer the Question. In this case, the Professional shall not be paid, any amount paid shall be refunded to the Client and the Professional shall be charged with a penalty equal to the bid amount paid by the Client.
      • Option 3: to close and not re-circulate the Question.

      Failure to meet three consecutive deadlines in replying three different Questions: If Professional fails to meet 3 consecutive deadlines to provide Replies to 3 different Questions he had undertaken to provide Replies to, then this Agreement may be immediately terminated by us, the Account may be suspended or the Professional may be given a warning and be re-examinied on the next failure to provide a Reply to a Question. It is up to the sole discretion of the Company to decide which of the above will apply and whether such failures have indeed occurred.

      Penalties and/or fines shall be deducted from amount available to be paid to the Professional from answering Questions.

      The penalties may also be applied in other cases determined by the Quality Assurance Department at its sole discretion.

   2. TAXES
      Professional acknowledges and agrees that he/she is solely responsible:

      (a) for all tax liability associated with payments received from the Company;

      (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Professional is not covered by or eligible for any insurance from the Company;

      (c) for determining whether Professional is required by applicable law to issue any particular invoices for the fees and for issuing any invoices so required;

      (d) for determining whether Professional is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the fees and remitting any such taxes or charges to the appropriate authorities, as appropriate. In the event of an audit of the Company, Professional agrees to promptly cooperate with the Company and provide documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Professional is engaging in an independent business as represented to the Company.

9. COPYRIGHT

   By posting or submitting an Answer to the Website, you also warrant that the Answer is your original work.

   You are obliged to provide Answers which are exclusively your own work, and undertake not reproduce any work which is not your own and generally not to infringe any copyright in the intervals of your Answers.

   By posting or submitting an Answer to the Website, you provide a non-exclusive license:

   1. to the Company to access and/or view your Answers at the sole discretion of the Company and to disclose the Answers to third-parties and/or other professionals in accordance to these TOS, or
   2. to the Clients to use the Answers for their personal and non-commercial use.
10. INDEMNIFICATION

    You agree that you are solely responsible for the content of any Answer to a Question submitted to the Company and / or the Clients. You also agree to indemnify and hold harmless the Company, its owners and employees with respect to any claims based upon and/or connected to and/or deriving from any Answer submitted to the Company and / or the Clients and with respect to any breach by the Professional of any of the presnt Terms and Conditions.

11. LIMITATION OF LIABILITY
    The Company shall not be liable to a Professional, Client, visitor, user or any other person or entity for any damages that result from the use of – or the inability to use – the website, even if such inability has been caused by the negligence of the Company and/or the Professional. Nor is it liable for reliance on the information contained in the website, support services, in the Answers provided by the Professionals to the Clients, or for any consequential, incidental, indirect, punitive, special, or similar damages, even if advised of the possibility of such damages.

    The Company, its affiliates, any officer, director, employee, subcontractor, agent, successor, or assignee of the Company or their affiliates shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever. This includes, without limitation, attorney’s fees and lost profits or savings, in any way due to, resulting from, or arising in connection with this website, including its content.

    The Website might contain links to other websites for which the Company does not maintain control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. Continued use of this Website following any change constitutes acceptance of the change.

    The Company shall not be responsible to the Professional with respect to any loss suffered by the Professional as a result of the exercise by any Client of their right to withdraw their Question and to cancel the acceptance of the bid, as this is provided below.

12. CLIENT’S RIGHT TO WITHDRAW
    1. Subject to the exceptions stated below, the general rule in accordance with the provision of 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, as amended, is that the Clients have the right to withdraw from the contract, for any reason and receive a full refund within 14 days from accepting a Professional’s bid.
    2. It is hereby clarified that, despite the above general rule, as the available deadline periods for receiving a Reply to a Question and which the Client can select from are less than 14 days, by setting a Question the Clients are requesting the performance of the Service to begin immediately and in any event within the aforementioned 14-days period. Thus, to be allowed to set a Question with the aforementioned deadline(s), We require that the Clients to make an express request for the immediate provision of the Service. As a result, in the event that the Clients decide to withdraw, the Clients shall be required to pay an amount which is in proportion to what has been provided by the Professional and Us up the time the Clients notified Us of the exercise of the right of withdrawal, in comparison with the full coverage of the contract. Hence:
       1. in the event that the full Service, i.e. the Reply to the Question, has been provided to the Client(s) by the Professional, the Clients right to withdrawal shall be extinguished and the Client(s) shall not be permitted to any refund; or
       2. in the event that the full Service has not been provided yet i.e. the Reply to the Question has not yet been sent to the Client(s) by the Professional, then an amount proportionate to the time which has passed in comparison to the total deadline period, shall be withheld by the Website and will be split between the Professional and the Website, whereas the remainder shall be refunded back to the Client(s). It is hereby clarified that in accordance with the terms of clause 8, out of the amount withheld by the Website, the 80% shall be paid to the Professional (hereinafter referred to as the “withdrawal bonus”) and the 20% shall be withheld by the Website as a commission. The Professional shall be able to claim the aforementioned withdrawal bonus only provided that the Professional’s has answered Questions with a total bid value six (6) times the withdrawal bonus amount. In the event that the total bid value is not equal to or greater than the withdrawal bonus amount, then no withdrawal bonus shall be granted to the Professional. For example, when the withdrawal bonus is €5, for the Professional to successfully claim that withdrawal bonus amount, the Professional needs to have answered Questions with a total bid value of €30.
    3. Upon withdrawal, the relevant Question shall close, any remaining obligations of the Client shall cease and We shall refund to the Client the relevant refund amount (if any).
13. TERMINATION: 
    We reserve the right to terminate this Agreement and/or our services and/or your right to use our Website if the information initially provided for registration on our Website or that is later subsequently modified, contains false or misleading information, or conceals or omits any relevant information; if you do not cooperate throughout the contractual relationship; if we suspect that you are involved in any fraudulent transactions and/or illegal activities and in any other instance mentioned in this Agreement as giving us a right to immediately terminate this Agreement.

    Any attempt to undermine or cause harm to the Company, the Website, any Clients, any other professionals and/or any third party through the Website is strictly prohibited and will be subject to immediate termination of this Agreement and/or automatic Account termination. This includes spamming, transmission of – malware, viruses, trojan horses; or by linking to sites and files that contain or distribute them. The Company may terminate your Account and forfeit any amount available for payment to you without prior notice, if you are in breach of these terms. The Company will be the sole arbiter as to what constitutes a violation of the terms.

    Without limiting Company’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Website, deny your registration, or permanently revoke your access to the Account to you if we suspect or become aware that you have provided false or misleading information to us; we believe, in our sole discretion, that your actions may involve illicit or illegal activity; and/or in any other circumstances which are note in the TOS as giving rise to the possibility of termination of this agreement.

14. DISCONTINUANCE
    We reserve the right to discontinue the present Agreement and/or the operation of the Website and/or the provision of our services upon the provision of 1 month’s notice to you. In that case any amount available to be paid to the Professional shall be paid to the Professional as soon as practicable following the aforementioned discontinuance in accordance to the payment method and details indicated to us.
15. DATA PROTECTION
    Your personal data shall be processed according to the applicable legislation and our internal related documents. For any further details please check the Cookie Policy and Privacy Policy.

    Professional is prohibited to request any personal data of the Clients, other professionals or other persons via Website.

    In case that any personal data of a Client, other Professional or any other person (except the data visible to any Website visitor) became known to you in the intervals of the use of the Website, you are obliged to immediately inform Company.

16. CONFIDENTIAL INFORMATION
    Professional hereby acknowledges the Company proprietary interested in securing non-disclosure of the Confidential Information. During the entire term of this TOS and for a period of five (5) consecutive years after its expiration or termination, Professional undertake:
    • not to disclose the Confidential Information to any third parties without prior written authorization by the Company;
    • to use the Confidential Information exclusively for the purpose of fulfilling its obligations provided for this TOS.
17. DISPUTE RESOLUTION PROCESS
    1. DISPUTES WITH CLIENTS 

       You acknowledge and agree that, in the event that a dispute arises between you and a Client in relation to any Service, you will first attempt to amicably resolve any differences that you have in relation to such Service, including in relation to the quality of the Services provided.

       If you continue to have any difficulties, dispute, claim or problems in relation to a dispute with a Client in relation to a Service we encourage you to contact us as set out in the Clause entitled “Contacting us”.

    2. DISPUTES WITH US  

       If a dispute arises between you and the Company, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at info@answeropia.com.

       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 Cyprus Arbitration Law of 1944, Cap. 4 which Rules are deemed to be incorporated by reference into this clause. The site of arbitration shall be Cyprus.

       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.

       Subject to the above arbitration clause, the Courts of Cyprus shall have exclusive jurisdiction to resolve any dispute between you and us.

18. JURISDICTION
    These TOS shall be governed by and construed in accordance with the laws of the Republic of Cyprus.
19. SEVERABILITY
    If any part of these TOS is deemed to be unlawful, void, or for any reason unenforceable, then that part shall be deemed to be severable from these TOS and shall not affect the validity and enforceability of any of the remaining TOS.
20. OPT-OUT FROM TOS
    In case of absence of any unfulfilled and/or pending orders (i.e. where you have undertaken to provide a Reply to a Question and such a Reply has not been provided yet), you can terminate the agreement expressed in these TOS by deleting your Account at any time.

    Also, in case of the deletion of personal data request, due to the objective impossibility of further cooperation without the required information, your Account will be deleted, and the agreement expressed in these TOS will be considered terminated.

    In the event that an amendment to the TOS is notified to you and you do not agree to the said amendment then upon the Effective Date, it will be considered that you would like to opt-out of from the TOS and our present agreement shall be terminated and you shall be able to use Account only with respect to the conversations with Clients that are already open and/or with respect to Answer writing services which you have already agreed to provide before the Effective Date. Following the completion of any open conversation and/or pending Answer writing service, your Account might be suspended unless you agree to the amended said amendment.

21. GENERAL
    Section 19 discusses additional terms of the agreement between you and the Company, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Website from certain locations, as detailed below.
    1. ENTIRE AGREEMENT
       This Agreement, together with any supplementary  Terms of Service, the Cookies policy and our Privacy Policy, sets forth the entire agreement and understanding between you and the Company relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof.

       Even though Company drafted the Terms of Service, you represent that you have taken professional legal advice in reviewing  the TOS and had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Company because of the authorship of any provision of the Terms of Service.

    2. WAIVER
       Our delay and/or failure to act with respect to a breach by you or others does not waive our right to act with respect to such a breach and/or any subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
    3. ASSIGNABILITY
       Professional may not assign and/or otherwise transfer any rights and/or obligations the Terms of Service, the ownership and/or rights connected to his Account, without Company’s prior written consent in the form of a written instrument signed by a duly authorized representative of the Company.

       Company may freely assign and/or transfer any rights and/or obligations to any natural and/or legal person(s) under this Agreement and the other Terms of Service without Professional’s consent.

       Any attempted assignment or transfer in violation of this subsection will be null and void.

       Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

    4. SEVERABILITY
       If and to the extent any provision of this Agreement or any other supplementary Terms and/or documents is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, they will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties and shall not affect the validity and/or interpretation of any other provision in the ToS. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
    5. FORCE MAJEURE
       The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, pandemics, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.
    6. PREVAILING LANGUAGE AND LOCATION
       The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.
    7. CONSENT TO USE ELECTRONIC RECORDS
       In connection with the Website Terms of Service, you may be entitled to receive certain records from the Company or our affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Website, you hereby give us permission to provide these records to you electronically instead of in paper form.

       By registering on the Website and/or clicking on the confirmation button below, you acknowledge that you have read, understood and agreed with these TOS.

       By clicking on the confirmation button below, you also acknowledge that these terms and conditions form a binding agreement between you and the Company.

       If you do not accept these TOS in its entirety, you must not and shall not be allowed to access or use the Website after the effective date except as permitted by these TOS.

       You represent and warrant that you have the legal capacity to be bind to these TOS.

    8. AMENDMENTS
       No modification or amendment to the Terms of Service will be binding upon the Company unless in a written instrument signed by a duly authorized representative of the Company or posted on the Website by the Company.

       We reserve the right in our sole discretion to amend these Terms and/or the Website at any time by posting a revised version on the Website. Company will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated Terms and/or providing a notice on the Website, and/or sending you a notice by email or by any other manner chosen by us in our commercially reasonable discretion. Such amendment might include but are not limited to the following changes: (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

       Any revisions to these Terms shall take effect on the noted effective date (each, as applicable, the “Effective Date”).

       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 the amended Terms. It is your responsibility to review the Terms periodically.

       In the event that you do not agree to the said amendment then upon the Effective Date our present agreement shall be terminated and you shall be able to use Account only with respect to the conversations with Clients that are already open and/or with respect to Answer writing services which you have already agreed to provide before the Effective Date. Following the completion of any open conversation and/or pending Answer writing service, your Account might be suspended unless you agree to the amended said amendment.

22. CONTACTING US
    If you require further information about the Website, please contact us either by email or chat based on the details provided in the
    Contact Us page on the Website.

Versions

• Current version (10/06/2022)