WittyPen reserve the right to revise these Terms in its sole discretion at any time and without prior notice to you by updating this page. Visitors to, and Users (as defined below) of, the Site are urged to visit this page periodically for changes. Any changes are effective upon posting to the Site. Your continued use after a change has been posted constitutes your acceptance of those changes.
- "Account" means the unique login identity generated on the Site by a User, when he/she registers on the Site. A Writer’s Account will be considered legitimate only when it is/has been authorized by WittyPen.
- "Applicant" means a User who is willing to offer and deliver services through the Site and is being evaluated by WittyPen to be approved as a Writer. Only an individual who is willing to offer his/her services on his/her own accord shall register as an Applicant. Agencies/entities offering services through other sources or individuals shall not be entitled to register as Applicants and Writers on the Site.
- "Customer" means a User who avails the Services from the Site.
- "Intellectual Property" means all patent rights, copyright rights, mask work rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
- "Job" means the request submitted by a Customer through the Site or through any other means including but not limited to email or telephonic communications with WittyPen seeking the Services.
- "Site" means a set of related web pages located under domain and all subdomains, of www.wittypen.com.
- "Submission" means any and all work product or content developed by a Writer as required to complete a Job and submitted to WittyPen.
- "Third-Party Services" means all services that are accessible through the Site and delivered by third parties. The term Third-Party Services does not include the services provided directly by WittyPen.
- "User", "you", or "your" refers to a person who makes use of the Site on his or her own behalf or on behalf of any other person or entity who has authorized him/her and includes a Customer, a Writer and an Applicant as per the context.
- "WittyPen", "we", "us", or "our" refers to WittyPen Media Services Pvt. Ltd.
- "Writer" means a User who creates, writes and delivers content through the Site and receives the fees for such work, pursuant to these Terms.
- "Visitor" means a person who is only visiting the Site, not a User.
Description of the Services:
The term "Services" from a perspective of a Customer and a Writer shall mean the following:
- For Customer: The Services shall mean seeking the customised content services offered by one or more than one Writers through the Site. Such Services shall include but not limited to content creation in relation to Jobs postings, identify terms associated with Jobs, Making edit requests to Writers and making the payments for the Services etc; and
- For Writer: The Services shall mean offering the customised content services for the Customer’s business purposes through the Site. Such Services shall include but not limited to searching through Jobs, contract to prepare and submit digitally written works in connection with particular Job, managing the Jobs and receiving compensation for the Submissions etc.
Allocation of Jobs
WittyPen assesses each Applicant by requesting material that allows WittyPen to gain an understanding of that particular Applicant’s skills and abilities. In the event the Applicant successfully completes the assessment process, WittyPen shall, at its discretion, confirm the Applicant as a Writer.
WittyPen reserves the right to approve or reject Jobs based on the information and specifications provided by the Customer. WittyPen shall not be responsible to process a Job, until the complete information is provided by the Customer. The Customer understands that the estimated time to complete the Job shall vary subject to receiving the complete information.
When a Customer posts a Job on the Site, the Writers are allowed to place requests on the Site, if they are interested in a Job. WittyPen, matches a Writer to the Customer’s Job by careful consideration of the following: (i) Writer’s background and experience; (ii) evaluating a Writer against the criteria requested by the Customer, such as, style, expertise, tone etc.; (iii) a Writer’s past results in connection with prior Jobs, including Customer’s feedback; and (iv) any other elements that may be relevant to a particular Job. On completion of the above evaluation the Job is offered to a suitable Writer.
The Writers understand and acknowledge that, WittyPen does not assure and in no way guarantees that the Writers shall be assigned a Job on the Site. The discretion of assigning a Job to a Writer rests solely with WittyPen.
Upon selection of any Writer for a Job, the Writer agrees to deliver, the Submissions in accordance with the following - (1) these Terms; (2) the Job terms as awarded and accepted on the Site; and (3) the WittyPen Writer Services Agreement. Upon allocation, a Writer shall interact directly with WittyPen for the fulfilment of a particular Job.
After a Submission is made, the Customer shall be responsible to check the same for any changes required and make requests for changes to the Submissions if required within three (3) days from the date of providing the Submission. In the event the Customer fails to notify WittyPen of any changes required within such three (3) days, the Submissions shall be deemed to be accepted by the Customer. The Customers shall be entitled to make a maximum of two requests for changes in the Submissions. However, WittyPen shall not be responsible to accept any change requests that include substantial changes including but not limited to changes in the information or specifications initially provided and the scope of the Job by the Customer. The Writers shall adhere to the specifications provided by the Customers and make the required changes to the Submissions.
The Writers are entirely responsible for all the Submissions provided, or otherwise made available to the Customers through the Site. For any Submissions, the Writer confirms, represents, and warrants that: (i) the Writer owns, or has the necessary licenses, rights, consents, and permissions to use the Submission (ii) the content in the Submissions are original and factually accurate to the best of the Writer’s knowledge, (iii) the content in the Submissions does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (iv) the content in the Submissions does not and shall not contain any material that is illegal, threatening, obscene, racist, defamatory, libellous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam" or references to illegal activity, malpractice or false advertising; (v) the Submissions shall not violate these Terms or any applicable law or regulation and (vi) that the content in the Submissions does not require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
The Writer grants WittyPen, a perpetual, exclusive, transferable, irrevocable, sub licensable, royalty-free license to the Submissions.
WittyPen Transfers Intellectual Property to Customers
Upon the Customer’s (i) acceptance of a Submission; and (ii) complete payment for that Submission, WittyPen hereby automatically and irrevocably assigns to the Customers all right, title and interest worldwide in and to such Intellectual Property Rights concerning such Submission.
Reporting and Taxes; No Employment Relationship Created
The Customers and Writers are solely responsible for their respective income tax, payroll tax, payroll withholding, sales and use tax, goods and service tax, governmental reporting and other legal requirements under the applicable law, and all other applicable requirements. Customers and Writer agree to indemnify WittyPen for any taxes or penalties imposed on WittyPen by virtue of the purchase and sale of the Services between them on this Site.
The Writers acknowledge that they are independent contractors and not employed by WittyPen as an employee. In addition to satisfaction of tax obligations as set forth above, the Writers are solely responsible for their own license fees (if any) and normal business expenses. The Writers are not entitled to any benefits available to WittyPen employees, including, but not limited to, medical, unemployment, vacation and pension benefits. WittyPen shall not be responsible for providing workers’ compensation, liability, and other insurance coverage, for the Writers.
Prices and Payments:
The prices for the type of Services, including bundled packages ("Prices"), are displayed on the Site and are subject to change at WittyPen’s discretion. Any change in these prices shall apply on a prospective basis. Depending upon the nature of the engagement, the Customer shall be required to pay for the Services, (i) either completely in advance or; (ii) 50% in advance and the remaining 50% after the Job is completed and an invoice is raised by WittyPen. The Customer shall be required to make complete payments within 7 days from the date of invoice. WittyPen uses Razorpay as its payment gateway. All, payments to WittyPen directed via Site should be made using the same gateway to WittyPen’s merchant account. Furthermore, WittyPen reserves the right to request specific modes of payment, including through cheque for payments above INR 50,000. Customers understand that, payments once made to WittyPen are not refundable under any circumstances.
For every Job completed by the Writer to the satisfaction of the Customer and WittyPen, WittyPen may, at its discretion, pay to the Writer an amount not exceeding 70% of the total amount received from the Customer for that particular Job. The Writer, understands that out of this 70% of the total fees received from the Customer, the Writer shall be eligible to a fixed payment of 50% and the remaining 20% shall be payable by WittyPen depending upon various parameters including but not limited to the quality of the Submission, the Customer’s satisfaction, the track record and rating of the Writer etc. at the sole discretion of WittyPen. Notwithstanding any other provision of these Terms, if WittyPen determines in its sole discretion that a Writer has violated the conditions and restrictions of these Terms or the Writer’s Agreement, WittyPen has the right to refuse to process any payments due to the Writer.
Agreement to Pay
If, for any reason, WittyPen does not receive payment for any amounts that the Customer are required to pay for availing the Services, the Customer agrees to pay such amount immediately upon demand by WittyPen. You also agree to pay any interest charges at the rate of 1.5% per month, attorneys’ fees and other costs of collection incurred by WittyPen in collecting from you the authorized but unpaid amount. In such case, WittyPen may, apply any amounts then held by WittyPen on your behalf toward any deficiencies, losses or costs that we have incurred as a result of your use of the payment service or other WittyPen services.
Agreed Exclusivity with the Site
By using the Site and posting a Job, you agree to use WittyPen to make all payments to WittyPen for the Services provided through the Site. You acknowledge that WittyPen earns its fees through transactions that take place on the Site. You agree not to attempt to or deal, directly or indirectly, with any of the Writers. If a Writer solicits payment from you outside the Site, you agree to notify WittyPen immediately.
By using the Site and responding to a Job, the Writer agrees to use WittyPen to receive all payments from Customers through the Site. You acknowledge that WittyPen earns its fees through transactions that take place on the Site. You agree not to attempt to or deal, directly or indirectly, with any of the Customers. You also agree to notify WittyPen immediately if a Customer seeks to pay you outside the Site.
User Eligibility and Obligations:
WittyPen is intended solely for use by a legal entity or an individual who is eighteen years of age or older, and any registration by, use of, or access to the Site by anyone under the age of 18 is unauthorized and in violation of these Terms. By using the Site, you represent and warrant (as an individual) that you are 18 or older, and further, that you agree to abide by these Terms.
To become a User and access services through our Site you must register for a Customer/Writer Account. You agree to provide true, accurate and complete information as required for the registration process on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
You shall be solely responsible for maintaining the confidentiality of your Account (including the username and password) and you accept the responsibility for all activities that occur under your Account and in relation to the Services. We also reserve the right to refuse registration of or cancel any Account which we deem inappropriate.
Further, Customer shall be solely responsible to request WittyPen to create multiple "User IDs" required to provide access to its employees or updating or deleting such User IDs for the purpose of managing its Account.
If your Account has had no activity for at least six (6) consecutive months, your Account will be placed on "Inactive" status. WittyPen will notify you that your Account is Inactive by sending an email to your registered email address and give you the option of keeping your Account open and maintaining the balance or withdrawing the balance. If, within thirty (30) days of such notice, your Account has no activity, WittyPen shall have the right to terminate your Account.
Links to Third Party Content:
As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. Few of these linked websites may make use of WittyPen proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from WittyPen. WittyPen is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by WittyPen of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.
The following are prohibited activities, which could lead to the termination of a User Account:
- Sending or otherwise transmitting to or through this Site any unlawful, infringing, harmful, harassing, plagiarised, pornographic, defamatory, threatening, hateful or otherwise objectionable and/or illegal material of any kind, or any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
- Misrepresenting your identity or affiliation in any way;
- Restricting, discouraging, or inhibiting any person from using this Site, disclosing personal information on this Site or obtained from this Site, or collecting information about users of this Site;
- Reverse engineering, disassembling or decompiling any section or technology on this Site;
- Gaining unauthorized access to this Site, other users’ accounts, names, or personally identifiable information, or other computers or Sites connected or linked to this Site;
- Launching or using any automated system or initiating any action that would amount to denial or service, including without limitation, "robots," "spiders," "automated crawlers", or "offline readers," that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
- Sending or otherwise transmitting to or through this Site chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
- Violating any applicable laws or regulations or these Terms;
- Assisting or permitting any persons in engaging in any of the activities described above;
- You represent and warrant that any User Content (as that term is defined below) you contribute shall not be defamatory, nor shall it violate anyone’s right of privacy or publicity, not shall it infringe any copyright, trademark, patent, or other personal or proprietary right of any person or entity; and
- You further represent and warrant that you will obtain releases, consents, and permissions for use of all materials, trademarks, content, and persons depicted or included in any Content you contribute.
You are solely responsible for your interactions with other Users. WittyPen reserves the right, but shall have no obligation, to monitor disputes between you and other Users.
Some areas of the Site may allow Users to post feedback, comments, questions, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") through the Site. You understand that whether or not such User Content is published, WittyPen does not guarantee any confidentiality with respect to any User Content.
Our Proprietary Rights:
All materials including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music available on the Site ("WittyPen Content"), and all Intellectual Property Rights related thereto, are the exclusive property of WittyPen and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any WittyPen Content. Use of the WittyPen Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or feedback, review, ratings about the Site. By submitting any comment, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place WittyPen under any fiduciary or other obligation to maintain the secrecy of such feedback, comments or review and that we are free to use the feedback, review, ratings without any additional compensation to you, and/or to disclose the same on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, WittyPen does not waive any rights to use similar or related ideas previously known to WittyPen or developed by its employees, or obtained from sources other than you.
There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. You agree not to use the WittyPen names, logos and marks (whether registered or based on common law) for any purpose without the prior written authorization of WittyPen. Any unauthorized use of the WittyPen Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
When you avail our Services, we may use your trademarks and/or logos on our Site for marketing purposes and you expressly consent to the same.
WittyPen may terminate your use of this Site or any of our features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all WittyPen Content obtained from this Site and all copies thereof. The provisions of these Terms concerning Site security, prohibited activities, copyrights, trademarks, user submissions, disclaimers, limitations of liability, indemnity, and jurisdictional issues shall survive any such termination.
This Site and any WittyPen Content is provided to you on an "AS-IS" and "AS-AVAILABLE" basis for your information and use only. You agree that you will not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit for any commercial or other purpose whatsoever any WittyPen Content without the prior written consent of WittyPen, or except as expressly permitted herein.
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PURPOSE, OR NON-INFRINGEMENT. WITTYPEN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES OR THIRD PARTY SERVICES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN WITTYPEN CONTENT OR SUBMISSIONS; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OR ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WITTYPEN’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/ OR; (VI) ANY ERRORS OR OMISSIONS IN ANY SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SERVICES MADE AVAILABLE VIA THE SITE OR RELIANCE OF ANY PARTY ON THE CONTENTS OF THE SUBMISSIONS.
In addition, please note that the Site may include technical inaccuracies or typographical errors. WittyPen has the right at any time to change, modify, add to, discontinue, or retire any aspect or feature of the Site, including, but not limited to, hours of availability, equipment needed for access or use, or the availability of the WittyPen services on any particular device or communications service. WittyPen has no obligation to provide you with notice of any such changes, and WittyPen is under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Site.
Limitation of Liability:
YOU AGREE AND ACKNOWLEDGE THAT WITTYPEN SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY OTHER PARTY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM OR CONCERNING THE SITE OR THE SERVICES, WHETHER OR NOT WITTYPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY EVENT, WITTYPEN’S TOTAL AGGREGATE LIABILITY TO YOU UNDER ANY APPLICABLE LAW WHATSOEVER FOR ALL LOSS OR DAMAGE ARISING OUT OF USE OF THE SERVICES OR SITE SHALL NOT EXCEED THE PRICE RECEIVED FROM THE CUSTOMER FOR THE IMMEDIATELY PRECEEDING JOB COMPLETED ON THE SITE. THE FORGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
You agree to defend, indemnify and hold harmless WittyPen, its directors, officers, employees, agents, Users, or third party sponsors, subsidiaries, affiliates, successors, and assignees, at your sole cost and expense, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use of the Site and Services and from any User Content Submissions, Jobs you provide or avail through the Site. WittyPen reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with WittyPen in asserting any available defence. You shall not settle any indemnified claim without WittyPen’s prior written consent.
Trademarks on the Site:
All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to wittypen.com, are proprietary to WittyPen or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
Claims of Copyright Infringement:
WittyPen respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you are encouraged, to contact the involved party in an attempt to resolve the issue directly. You may in addition send a notice of claimed copyright infringement to WittyPen’s designated agent along with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
- A description of the copyright work that you claim has been infringed and a description of the infringing activity;
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Site where it is posted or the name of the book in which it has been published;
- Identification of the URL or other specific location on the Site where the material that You claim is infringing is located, including enough information to allow WittyPen to locate the material;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in Your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
In the event we understand that you have infringed the intellectual property of others, we may, at our discretion, and without prejudice to any other rights that we have, terminate your Account. You agree that if your Account is terminated pursuant to these Terms, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated you indemnify and hold us harmless from any and all liability that we may incur therefore.
Governing Law and Jurisdiction:
These Terms and the validity, construction, and performance thereof will be governed in all respects by the laws of India. Subject to the Arbitration section below, the Courts/Tribunals in Pune shall have exclusive jurisdiction to try any disputes or suit arising out of these Terms.
Any dispute or difference arising between the parties including any question as to whether or not any dispute or difference shall have arisen shall be resolved between the parties to the dispute by arbitration. Such dispute or difference shall be referred to a Sole Arbitrator to be appointed by WittyPen and arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in the city of Pune, at the sole discretion of WittyPen. The award of the arbitrator shall be final, conclusive and binding upon the parties to the dispute. The parties irrevocably agree that subject to the aforesaid provisions, for matters that are referable to a court of law under the provisions of the Arbitration and Conciliation Act, 1996, or otherwise the courts and tribunals of competent jurisdiction at Pune, India shall have the exclusive jurisdiction.
The failure of WittyPen to insist upon strict compliance or performance of any of the terms and conditions of this Agreement or in exercise of any optional right or remedy contained in this Agreement shall not be construed as a waiver or as a relinquishment for the future of such term, provision, option, right or remedy, but the same shall continue to remain in full force and effect.
If at any time any provision of these Terms becomes illegal, invalid or unenforceable in any respect, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions..
If you have any questions or complaints regarding these Terms, please write to us at firstname.lastname@example.org. Our address is: Office No. 17, 5th Floor, A Wing, Downtown City Vista, Ashoka Nagar, Kharadi, Pune, MH – 411014.