Terms of Service
Date of Last Revision: February 21, 2019
In using this website you are deemed to have read and agreed to the following terms and conditions:
1.1 The following terminology applies to these Terms and Conditions, Privacy Statement and any or all Agreements:
1.1.1 “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.
1.1.2 “Company”, “Ourselves”, “We” and “Us”, refers to our Company.
1.1.3 “Expert”, “him/her” refers to individuals that the Company engages to fulfill the works contracted by the Client to undertake.
1.1.4 “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
1.1.5 “Works” refers to the subject matter that the Client engages the Company to complete.
1.2 All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Canadian Law.
1.3 The prevailing law is that of the law of the province of Ontario, USA unless Canadian Federal law supersedes.
1.4 Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2.0 Privacy Statement:
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
3.0 Confidentiality Statement:
3.1 Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than companies/individuals that are required to fulfil your order or if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
3.2 We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
4.0 Exclusions and Limitations Disclaimer:
4.1 The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
4.1.1 excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
4.1.2 excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
4.2 This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
5.1 Cash, all major Credit/Debit Cards, PayPal, or Interac e-Transfer, are all acceptable methods of payment.
5.2 Our Terms are payment in full immediately upon an Expert being secured. In the event that the company uses its discretion and agrees to a payment plan, a suitable deposit must be paid before an Expert will be secured, which will be a minimum of 50% of the order. All goods remain the property of the Company until paid for in full.
5.3 Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of USA’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement.
5.4 We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection Agencies and/or through the Small Claims Court in the event that the outstanding balance does not exceed $3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
5.5 Any returned or dishonored payment will incur a $35 charge to cover banking fees and administrative costs. In an instance of a second Returned cheque, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on future cash transactions only. Consequently, all agreements for Works entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
5.6 The Client may be invited to pay the Company in advance of securing an Expert to complete the Works. Such a payment in advance will not take place if there is not a reasonable chance of securing an Expert for the Works. There is no guarantee that pre-payment will result in the Company securing a suitable Expert. In the event that the Company cannot secure a suitable Expert within a reasonable time then the Client will be offered a full refund for the payment in advance.
6.1 In engaging with the Company, the Client will give us clear and accurate information on the facts required for the Expert to complete the works.
6.2 The Company will cooperate with the Client and ensure that reasonable skill and care is used to complete the Works successfully.
6.3 The Client will cooperate with the Company to ensure that all reasonable information is given at the beginning of the transaction and provide all information that is reasonably requested by the Expert, in order to enable him/her to complete the Works successfully.
6.4 The client accepts that the failure to provide:
(i) Full information before allocating the Works to an Expert may delay its delivery;
(ii) Information requested after allocation to an Expert may cause further delay to its delivery;
6.5 The Company will not be held liable for any loss or damage caused as a result of such delay. The Company is not bound by any promise to complete the Works by a specified time and date, unless the Client renegotiates with the Company and the Expert a new time once the information is provided. Failure to provide full information and requested information will mean that the “Refund Policy” will not apply.
7.0 No Plagiarism Promise:
7.1 The Company promises that the works will be free from plagiarism. The Company promises that when the Client identifies that the works contain plagiarism and notifies the company within the amendments period that the Expert will pay the Client $500 CAD plus provide a free rewrite or cover the costs for another Expert to provide the free rewrite through the Company.
7.2 Plagiarism includes and is limited to the following instances:
(i) The Expert passes someone else’s words and/or ideas as their own
(ii) The Expert paraphrases a source and contains the original ideas without giving proper credit (i.e. referencing).
(iii) The Expert fails to put a quote in quotation marks and/or without proper indenting as required by the referencing system requested by the Client.
(iv) The Expert breaches fair use rights within copyright by copying large sections of someone else’s words and/or ideas even when credit is given or quotations marks/indenting is used.
(v) The Expert provides incorrect information on the source of the quotation, which is obviously not merely a typographical error or mistake;
(vi) The Expert paraphrases the words of someone else’s work but maintains the structure of the paraphrased section without giving proper credit.
Plagiarism is defined by the limited circumstances identified in this section. Full discretion is given to the Company and any independent Expert employed to make a determination on a claim of plagiarism.
7.3 “Acceptable Plagiarism” as defined in this section will not fall under section 7.2. Plagiarism does not include properly cited works that adheres to the fair use policy, which means that high percentages on plagiarism software scanners will not necessarily amount to plagiarism. Copied works in the appendices will not amount to plagiarism, as long as full credit is given to writer and publication. These instances are known as “acceptable plagiarism” when defined as such on a plagiarism scanner.
7.4 When the Client claims there is plagiarism and it is not obvious or without intent then the Company will examine the work and will make the full and final decision on whether there is plagiarism contained within the work. In the event that the Company is unable to make a determination then we will send the work for an independent Expert review, which will be the full and final decision on whether there is plagiarism contained within the work.
7.5 If the Client specifies that the Expert to incorporate any information that is not the original work of the Expert then there will be a finding of No Plagiarism in all cases.
7.6 In all cases, no finding of Plagiarism will be made where the Customer has specifically requested that the Expert incorporate material in a way that the Agency would otherwise deem to be Plagiarism.
7.7 The No Plagiarism Promise does not apply when the Company identifies that there is plagiarism in the work and advises the Client. In all cases the Client can request that the Works be rewritten at no cost.
7.8 If the Company agrees that the Expert is liable for Client detected plagiarism then we will cooperate with you to provide all information on the Expert to pay the $500 CAD bond.
7.9 The Company is in no way responsible to pay the Client the $500 CAD bond. The Company does promise to hold any monies due to the Expert and retain then until the bond is paid and to release them up to the bond value after a reasonable period of time. If the Company is subject to litigation for holding the monies then we reserve the right to pay them as the Court directs.
8.0 Free Revision Policy:
8.1 When the client has a legitimate concern about the works you will have five (5) days to request a free revision. This revision period expires at the end of five (5) days and the Client must contact the Company by the end of business day on the fifth (5th) day. The following revision policy is in effect once the Works have been allocated to the Expert.
8.2 Revisions of the Works before the specified completion date:
8.2.1 The Client cannot make a revision request once the Order has been allocated to an Expert and the works have not been delivered in a completed form to the Client;
8.2.2. Any requests will be treated as a change in information and the Expert may request for additional payment and time to meet the request. An extension of time will be mandatorily imposed upon the Client, unless an extra payment is made by the Client to compensate the additional work that is required by the Expert. The Company will determine whether any other additional payment requested by the Expert given the nature of the additional information.
8.2.3 Provision of additional information once the work is allocated to the Expert, but aids the Expert to complete the work but does not conflict the original instructions for the Works will not give rise to the Expert claiming an extension of time and/or payment. The Expert is under no obligation to use this information. If the Client requires this information to be used then there will be a right to an extension of time and/or payment, as determined by the Company.
8.3 Revisions to Completed Works:
8.3.1 If the Company agrees with the Client that the Works: (i) do not follow the exact instructions of the Client (as long as they are reasonable); or (ii) do not meet the minimum grade promise (as identified in Clause 11.2) then the Client can request a revision within five (5) days of the work being delivered to the client. The five (5) day period can be extended if the Client has paid for an enhanced revision period. These revisions will attract no charge.
8.3.2 The Free Revision Policy only covers one request that is detailed through the appropriate communication channels set forth on the Website.
8.3.3 The Expert will be allowed a right of reply on each revision requested in the said communication. If the request is reasonable then the amendment will be completed in three (3) days. The Company can grant the Expert additional time if it is deemed fair.
8.3.4 If the Expert disagrees with all or part of the revision request, this information will be sent to the Client for comment. In the event that the Expert and Client cannot agree on the validity of all or part of a revision request, the Company will assess the dispute and identify what revisions (if any) are valid. The decision of the Company is final. In the event that the Company cannot make a decision, the dispute will be sent to an independent Expert to make the full and final decision.
8.3.5 If the Expert does not complete a reasonable revision request in a proper manner then the Client can make any subsequent requests to ensure that there is appropriate completion.
8.3.6 In the event that the revision request: (i) falls outside of the five (5) day revision period; (ii) wants to include additional information; (iii) is outside the original order instructions; or (iv) egregious in nature then the Expert has the discretion to accept or refuse to the request. In all such circumstances if the Client accepts the request then s/he make a quote on the costs and time for completing the request. If the Client agrees to the quote then payment must be made before the request is commenced.
8.4 Any spurious revision request will be rejected by the Company.
9.0 Cancellation Policy:
9.1 Minimum 12 hours’ notice of cancellation required before payment has been arranged and been allocated to an expert. Notification for instance, in person, via email, mobile phone ‘text message’ and/or fax, or any other means will be accepted subject to confirmation in writing. We reserve the right to levy a $30 charge to cover any subsequent administrative expenses.
9.2 The Customer agrees that once an Order payment arrangement has been made to allow for allocation to an Expert and the Expert allocated by the Agency begins work on that Order then the Order may not be cancelled or refunded. Until payment or a deposit has been made and the Order has been allocated to an Expert, the Customer may choose to continue with the Order or to cancel the Order with 12 hours’ notice.
10.0 Termination of Agreements:
10.1 Both the Client and ourselves have the right to terminate any Services Agreement for any reason at any time before allocation to an Expert.
10.2 No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Works are underway when allocated to the Expert.
10.3 Any monies that have been paid to us which constitute payment in respect of the provision of unused Services before allocation to an Expert, shall be refunded.
11.0 Minimum and Guaranteed Grade Promise:
11.1 If the Works are completed by the Expert and they do not meet the minimum grade then the Client can request a refund of the monies paid within one (1) month for all standard essays and three (3) months for dissertations.
11.2 The minimum grade standard is 60%, which means that the standard has not been met if a grade of 59% or lower is achieved.
11.3 Once a minimum grade claim has been approved by the Chief Operations Officer (COO) through the procedure set in sections 11.5 to 11.7 then we will provide a 50% refund and a 50% credit on a future order. Thus, the liability of the Company is Limited to 50% of the monies paid for the Works if the Client does not utilize the 50% credit in six (6) months from approval.
11.4 Homework Help USA also offers a guaranteed grade of 70%. The company guarantees a grade of 70% but if we fail to achieve this first time we can offer whatever revisions required on a resubmit to get the work up to 70%. If you cannot resubmit the work then we will offer a 10% discount on a future order, as long as the mark is not below 59%, in which the minimum grade guarantee applies. All free revisions for a resubmit or the 10% discount will be subject to the same evidence requirements and decision making process as the minimum grade guarantee. Once a discount on a future order is approved then the client must use it within six (6) months or forfeit any claim under the guaranteed grade guarantee.
11.5 The Company will make an assessment of whether the grade is valid; in order to do this the Client must submit a feedback form and attach all necessary documents, feedback forms, grades, and rubrics to make this assessment. All decisions by the Company are full and final. If the Company is unable to make a decision, the dispute will be referred to an Independent Expert who will make the full and final decision that is binding on all parties.
11.6 The Company is not liable to make a refund if the minimum grade has not been achieved because:
(i) The Client fails to provide full and accurate information;
(ii) The Client makes a revision request and the Expert complies that harms the quality of the work;
(iii) The marker applies a marking or personal criteria that the Expert did not have privy to and could not have reasonably known
(iv) The marker applies a stylistic or arbitrary marking criteria.
11.7 The Expert will be given a right to comment on the grade and identify whether any of the criteria in 11.4 applies. The Company will assess these claims and their decision will be full and final. If the Company is unable to make a decision, the dispute will be referred to an Independent Expert who will make the full and final decision that is binding on all parties.
12.1 Unless otherwise stated, the services featured on this website are only available within the USA or the US, or in relation to postings from either of these countries.
12.2 All advertising is intended solely for USA and the US. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.
12.3 Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company.
12.4 The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.
12.5 By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
12.6 Deadlines of six (6) hours or less are subject to Writer availability. If an order is placed with a six (6) hour deadline and cannot be completed, you will be refunded in full.
12.7 Please note that we have limited availability between the hours of 12:00AM – 8:00AM EDT. Any orders placed after 12AM may not be processed until 8AM the following morning due to Writer availability.
12.8 Top Writers may not be available for deadlines of twenty-four (24) hours or less.
13.0 Log Files:
13.1 We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
13.2 Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis.
13.3 Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
15.0 Links to this website:
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
16.0 Links from this website:
16.1 We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material.
16.2 Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.
16.3 This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
17.0 Copyright Notice:
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
18.1 We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
18.2 This company is registered in Ontario and at 2 Bloor Street West, Suite 700, Toronto, ON M4W 3R1.
19.0 Force Majeure:
19.1 Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
19.2 Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
21.1 The laws of USA govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of Canadian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
21.2 The Client accepts that the Company provides all services subject to availability and that the Works supplied is provided strictly as academic support and as such do not constitute professional advice.
21.3 The Client agrees that whilst every effort is made to ensure that all Work is completely accurate and fully custom written that inaccuracies may from time to time occur and that the Company, its employees and the experts on its books will not be held responsible, bar free amendments as allowed by these terms, and a discretionary discount for such occurrences.
21.4 The Client agrees that if they hand in the Work supplied by the Company as their own, either in whole or in part, that they are in breach of copyright and that they will automatically forfeit all of their rights under these terms and conditions. Any further remedy following such instances is entirely at the discretion of the Company.
22.0 Notification of Changes:
23.0 Fair Use Policy:
Topscholarsltd retains the copyright of any work that is provided. All use of the work provided must comply with the Fair Use Policy.
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
© Topscholarsltd Incorporated 2019 All Rights Reserved