The words “Client” and “Customer” may be used interchangeably and “Company” or “Organisation” refers to “TechNizen Solutions”. Specific Point of Contact (SPOC) refers to the Freelancer’s contract signed by the Company. This freelancer work contract is entered into and made effective as of the signing date, between Company with the office at Sarat Ch Pally Main Road, Haiderpara, Siliguri and email [email protected]
Parties and Assignment
This agreement (the “Agreement”) is made and entered into as of the signing date by and between “TechNizen Solutions” (Company name, hereafter referred to as “Client”), having a place of business at Sarat Chandra Pally main Road, Haiderpara, Siliguri 734006, WB, India and the expert (Expert’s name, hereafter referred to as “Writer”). The contract is with regards to professional freelance writing services to be performed as per the guidelines document shared with the writer.
In consideration of the mutual covenants made herein, the parties agree as follows:
1. Work: The writer agrees to produce written materials such as text, articles, images, videos and software (if required) (the “Work”) at the request of the Client for fees agreed upon in advance and turn in or deliver the Work by an agreed-upon deadline. The writer agrees that he/she will be the sole author of the Work, which will be an original work by the Writer, free of plagiarism. The writer agrees to use reasonable care to ensure that all facts and statements in the Work are true and that the Work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party. The writer agrees that the Client has the right to edit the Work as it deems appropriate and that the Writer will cooperate with the Client in editing and otherwise reviewing the Work based on feedback. The writer will cooperate with the Client if any complaints, claims or litigation should arise regarding the Work. If the parameters of the Work change, or if it involves more time than originally estimated, the Writer will inform the Client. If the Writer has not received any comments or revisions within one month of submitting a completed draft(not a complete file, which to be verified by the QC Team), the writer will be eligible for the partial payment for that Work as per A1.
2. Confidentiality: The writer acknowledges that he/she may be furnished or may otherwise receive or have access to information that relates to the Client’s past, present or future products, vendor lists, creative works, marketing strategies, pending projects and proposals, and other proprietary information which provides an opportunity to the Client to acquire an advantage over its competitors who do not know or use it (the “Proprietary Information”). The writer agrees to preserve and protect the confidentiality of the Proprietary Information and all physical forms thereof, whether disclosed to Writer before this Agreement is signed or afterward. Also, the Writer shall not disclose or disseminate the Proprietary Information to any third party and shall not use the Proprietary Information for his or her benefit or of any third party. Without limiting the generality of the foregoing, the Writer shall be prohibited from discussing the Client or the Work with a representative of the press or media or any third party including blog, website, social media etc., either directly or indirectly, without the Clients express prior written approval. The writer agrees to maintain confidentiality, details like the contact number and email ID of the client/student if revealed will be a breach of contract which will result in the end of the contract and all the pending payments of the month won’t be made. Moreover, the expert will be banned and no more work will be provided.
3. Compensation: The compensation will be customized for every order or task or project. The price for each order code will be decided by the allocator before taking/assigning the work. The compensation figure for each assignment is subject to the client’s budget and periodic pay rate revisions based on Writer’s performance. It may increase or decrease based on the expert ratings given by the clients. The criteria for rating are High quality work (Meeting marking criteria), Timely submission and Quick response to revisions. The writer needs to ensure to keep the Expert rating above 3.5, failing which the Writer may go into the inactive expert’s list and would not be able to receive new assignment orders on the portal. The Client reserves the right to make any revisions to the compensation as per business requirements, which would depend entirely on the quality of work delivered by the Writer.
4. Mode of Payment: The total amount for the previous month’s invoice will be deposited into the Writer’s bank account post deduction of TDS @applicable rates. The writer will bear any transaction charges related to bank transfers.
5. Payment Terms
5.1. Billing Cycle – The billing cycle is 1st to 10th/11th to 20th/21st to 31st day for the month and a reconciliation email will be sent to you at the beginning of next cycle wherein we ask you to check your delivered list of orders for the previous payment cycle and get them “Verified for Payment” by our Assignment Operations Team.
5.2. Payment date: The payment will be done on or after the 5th/15th/25th day of the month for all the signed invoices received for the Work delivered in the previous Billing cycle. The writer will be required to confirm his bank account details and PAN card details before the payment is initiated.
5.3. Mode of Payment: The total amount for the previous cycle’s invoice (of “Verified Orders”) will be deposited into the Writer’s account post deduction of TDS @ applicable rates. The writer will bear any transaction charges related to bank transfers.
5.4. Tax compliances: The expert will be responsible for the payment of all state and/or local taxes concerning the services he/she performs for the client as an independent contractor (TDS deduction @10% will be applicable for Indian Writers having valid PAN and @20% will be applicable for Non-Indian Writers which is to be borne by the writer, as per the availability of Indian PAN, (please click here for more https://www.tin-nsdl.com/services/pan/foreign-citizen.html) which is a mandatory requirement for the company as per GOI regulations. The tax would be deducted as TAN CALT11667F and PAN AATFT4572D. TDS certificate for the same will be provided on request to the accounts team of TechNizen Solutions.
6. Penalty and Order Cancellation Terms***
A1. Non-delivery after confirmation – Zero compensation + penalty of 50% of the Order Price
A2. Delay/Deadline missed – a penalty of 10% of the compensation for deadline missed, another 10% after 4 hours of delay without prior information and approval on deadline extension taken from us.
A3. Plagiarized Work: a penalty of 20% of the Order Price (Plagiarism must be below 10% excluding references except for technical assignments) for the last delivery attempt before the deadline.
A4. Non-acknowledgment- a penalty of 10% of the Order price in case no acknowledgment is received within 30 minutes of assigning the codes.
A5. Non responsive- In case the expert does not receive our phone calls for continuous 3 times, between 07:00 IST to 23:00 IST, penalty of 10% of the Order price will be applicable unless stating a proper reason.
A6. Advance payment- If the expert asks for advance payment, 40% of the order amount will be kept on hold for the next 14 working days and then it will be paid if everything is okay. In this case, the penalty of 15% of the order price will be deducted.
A7. Early Payment– If any expert asks for early payment for the work, i.e. After 2 days of complete delivery and before the next cycle’s payment date (See 6.2. Payment date mentioned above) then a flat 10% amount of the Order price will be deducted and the rest will be paid within the next 1 working day.
A8. Partial Draft – Partial draft amount will be decided by the QC Team, it will be in the range of 20% to 60%
A7. Failed /Dispute/ Refund/ Dissatisfied client – Zero compensation + a penalty of 30% of Order Price
A8. No Payment – In case after providing the draft or complete solution from the expert, the client or the third party client doesn’t satisfy with the answer due to quality issues, Zero compensation will be provided and a 10%-40% penalty can be applied as per the situation.
***We provide authentic grade cards/feedback/student login credentials for verification of failed grades, as we believe in transparency.
This Agreement may be terminated by either party upon 30 days written notice to the other party.
8. Relationship of Parties
It is understood by the parties that writer is an independent contractor with respect to Client, and not an employee of Client. The client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of writer.
9. Work Product Ownership
Any copyright-able works, ideas, discoveries, inventions, patents, products, or other information (collectively, the “Work Product”) developed in whole or in part by the writer in connection with the Services shall be the exclusive property of the client. Upon request, the writer shall sign all documents necessary to confirm or perfect the exclusive ownership of client to the Work Product.
10. Representations and Warranties
The writer represents and warrants to Client that there is no employment contract or other contractual obligation to which writer is subject, which prevents writer from entering into this Agreement or from performing fully writer’s duties under this Agreement. The writer shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the writer’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to writer on similar projects.
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.