Terms and Conditions for Writers
This agreement (the “Agreement”) is entered into by a new Writer (“Writer”), and Online-Writings.com and Services sp. z.o.o. (“Online-Writings.com”).
In consideration of the mutual covenants made herein, the parties agree as follows:
Parties
Writer is engaged in the business of writing, re-writing, editing, proof-reading and formatting of the articles and other materials on a freelance basis. Online-Writings.com is engaged in the business of providing online access to the database of writing projects, 24/7 support and initial training of the freelance writers.
Relationship.
The parties expressly agree and acknowledge that the relationship created by this Agreement is one of an independent contractor (Writer) and party commissioning particular written works for hire (Online-Writings.com). Online-Writings.com is not the employer of Writer, and Writer is not, and will not be treated as, an employee of Online-Writings.com for federal tax purposes, employee benefits purposes, or any other purposes.
Services to be Provided by Writer.
Writer agrees to submit, on his or her sole initiative, written articles to Online-Writings.com (the “Articles”). The manner and method of producing these Articles is in accordance with the Rules of the Company, clearly explained to the Writer during the initial training. Online-Writings.com has every right of control over Writer’s manner or method of performance to ensure complete compliance with the Company regulations under this Agreement. Writer will submit Articles in accordance with any deadlines set forth by Online-Writings.com and in a form satisfactory to Online-Writings.com. Online-Writings.com will provide any relevant information to Writer to help facilitate the accuracy and content of each project and is responsible for the editing of each finished piece of work.
Changes to Material Submitted by Writer.
Writer agrees that Online-Writings.com may make any changes or additions to the Article(s) prepared by Writer, which Online-Writings.com in its sole discretion may consider necessary, and may engage others to do any or all of the foregoing, with or without attribution to Writer.
Representations and Warranties of Writer.
For each and every Article Writer submits to Online-Writings.com, Writer represents and warrants that he or she is the sole author of the Article and the Article: 1) is Writer’s original work; 2) is not in the public domain; 3) is not owned in whole or in part by any third party; 4) is accurate and truthful; 5) has not been obtained by unlawful means; 6) has not been previously published in any manner or medium, specifically including, but not limited to, print or electronic means; 7) that publication of the article by Online-Writings.com will not violate any copyright or other right of any third party, including the right of privacy or publicity; and 8) does not contain material that is either obscene, libelous or otherwise contrary to the law.
Indemnification.
Writer will indemnify and hold Online-Writings.com harmless for any claims, matters, complaints, liabilities and actions arising out of Online-Writings.com’s engagement of Writer, including but not limited to Writer’s failure to comply with applicable laws, rules and regulations concerning the withholding and payment of taxes in connection with services rendered to Online-Writings.com pursuant to this Agreement.
Compensation.
Online-Writings.com agrees to pay Writer relevant fee per each accepted Article, each fee is informed in advance before Writer accepts an order. Under no circumstances will Writer be paid on an hourly, daily or other basis that is a function of time. Writer acknowledges and agrees that Online-Writings.com will only pay writer for Articles that are accepted and Online-Writings.com has the sole and exclusive authority to determine whether or not to accept any and all Articles submitted by Writer.
Taxes.
As an Independent Contractor, Writer shall be responsible for the reporting, deposit and payment of any and all federal, state, and local taxes, including but not limited to income taxes, FICA taxes( if applicable), and unemployment taxes incidental to the performance of, or payment under this Agreement.
Contract Period and Termination.
This agreement will begin on the date of Registration and shall continue until terminated in writing by either party. Either party may terminate this Agreement at any time for a reason, effective upon thirty (30) days written notice.
If either party violates a term of this Agreement, then the other party (the “Non-breaching Party”) may terminate this Agreement effective immediately upon delivery of written notice of termination by the Non-breaching Party.
Ownership of Intellectual Property.
Writer expressly acknowledges that the Article(s) contributed by Writer, and Writer’s services hereunder, are being specially ordered and commissioned by Online-Writings.com. The parties acknowledge that any Article(s) contributed by Writer hereunder shall be considered “works made for hire” under U.S. copyright law (17 U.S.C. § 101). Online-Writings.com shall be the sole and exclusive owner of all rights and title in and to the results and proceeds of Writer’s contributions hereunder, at whatever stage of completion. Online-Writings.com shall have the right to copyright the Article(s) in its own name as author and proprietor thereof, to publish the Article, and all previously submitted to Online-Writings.com articles of Writer, in any tangible medium of expression, now known or later developed, from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device, including without limitation the rights to archive, republish, edit, repackage or revise any Article in any manner as Online-Writings.com sees fit. The rights conferred upon Online-Writings.com by this agreement shall be exclusive to Online-Writings.com.
If, for any reason, the results and proceeds of Writer’s services hereunder are determined at any time by a court of competent jurisdiction not to be “works made for hire,” Writer hereby irrevocably transfers and assigns to Online-Writings.com all right, title and interest therein, including all copyrights and other rights and protections, as well as all renewals and extensions.
Miscellaneous.
This Agreement shall not be amended, modified or changed in any respect except by written agreement of the parties. No trade, custom or usage shall affect this Agreement or the terms and conditions thereof. This Agreement incorporates the entire understanding of the parties and supersedes any and all prior agreements, oral or written, relating to Writer’s relationship with Online-Writings.com and is intended as a complete and exclusive statement of the terms of the arrangement between the parties.
The terms and provisions of this agreement shall be binding on the parties and their heirs, legal representatives, successors and assigns.
This Agreement is valid electronically and considered signed by both parties upon registration on Online-Writings.com
