Terms of Use & Service

General

The terms of use mentioned here is the governing factor provided by Whiteseeker as the website owned as well as operated by Whiteseeker. If you are using this site, then it implies that you agree to restricted usage of this website in accord with our terms of use, refund policy, privacy policy and any other terms and conditions. It also might apply to any specific sections of the website or any products/services accessible from the Whiteseeker or the site. If you are using this site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We would also like to inform you that we reserve every right to modify these terms and conditions or to apply any new conditions for the use of this site, from time to time. In all the cases we will be posting the revised terms of use on this website. If you are continuing using the site even after we post any of the changes mentioned above, you duly accept the terms of use, as modified. On the other hand, if you do not agree to these terms of use or the privacy policy, or aren’t legally qualified to enter into any contract, then you should not access or use the website. 

In case of violation of Whiteseeker’s terms of use you might end up with your account disabled permanently. The users who have violated our terms of use and got their account disabled can contact our customer support team for more information regarding the breaking of the law and status of the account. We also reserve the right to permanently disable accounts or to put any account on hold because of the breach of the terms of use or any kind of illegal or incorrect usage of the site of services. Further, users whose accounts are on hold will not be able to buy or sell content on Whiteseeker.

Service

The sole objective of the middleware platform, ‘Whiteseeker’ is to connect the Content Providers and the content buyers to facilitate sale and purchase of Content through the Platform. Whiteseeker may charge the content buyer for its Services in future, and it will be duly communicated to the content buyer. Whiteseeker hereby provides limited, non-assignable, non-exclusive, revocable access to the Platform to the content buyer which enables the content buyer to purchase Content from Content Providers. Whiteseeker shall charge 10% commission from Content Provider on project cost for completed projects plus service tax and any other tax, as applicable. Content Provider can withdraw amount from their Whiteseeker account as soon as their balance is Rs.500 (Indian writer) OR $10 (Global Writer). Money withdraw request shall be processed within 5 working days.

Payment services and Projects

To start any project, the content buyer will be required to make an advance payment to Whiteseeker through the online payment gateway provided on the Platform by Whiteseeker. The Content Buyer cannot post the project until has an amount equivalent to the project cost in his Whiteseeker account. Once the payment is confirmed, the content buyer will be able to assign his project to the chosen Content Provider. When the advance payment burns out, the content buyer will have to refill the advance payment as and when necessary to make new purchases of Content from the Platform. The Content buyer can refill his account by adding money in the range of Rs.250 -Rs.50,000 or $5-$750. The advance payment will be used to purchase the Content from the Content Providers.

Content buyer or Content provider must not share any personal information with each other. Personal information includes skype id,mail address,mobile number, website address etc. If any one found sharing those detail over Whiteseeker platform then it would be in the result of immediate account ban. At first time user account would be banned for 30 days and if same user found again for same activity then user would be guilty for lifetime ban.
In the ban period user can not use money in thier account and can not request for withdraw. The content buyer shall not pay or make payment using any method other than through the Whiteseeker payment gateway to pay the Content Provider. Content buyer shall not pay the Content Provider directly using any method other than projecting through the Whiteseeker payment page.

Once the Content is sent to the content buyer, he may accept, return or reject the Content. If the Content is returned for rework, the Content Provider shall make the necessary changes to the same and send it again to the content buyer. If the content buyer chooses the “reject” option that would signify that the Content is definitely below expectations and the content buyer is not desirous of making any payment to the Content Provider. If the content provider agrees with the content buyer’s rejection then, the project becomes 'unfinished' and money taken for the project will be refunded back to the content buyer’s account immediately.

If content buyer is not satisfied with our service or have other reason to close account then they can withdraw amount from their whiteseeker account. In this case 10% fees applicable on withdraw amount.

Project Consignment

After completion of the project from the Content Provider, it will be posted to the content buyer’s account so that he can review. The content buyer can either accept the project, request for a rework or reject the project.  After 72 hours of delivery (3 days), if the buyer doesn’t accept, request a review, or reject the project; it means that the project will be automatically accepted.

The Content buyer can ask for maximum two times ‘request for rework’ action. If the content provider sends the result after rework and the content buyer doesn't respond within 48 hours, then also content will be accepted automatically.

Once the content buyer accepts the project or the project get accepted automatically, then the amount equivalent to the project’s cost will be credited to the content provider’s account. After project completion invoices will be sent to both content buyer and content provider on their registered mail id.

The buyer is solely responsible for scanning all the transferred files for viruses and malware. The Whiteseeker, in any case, will not be responsible for any compensation due to the usage of the site, use of content or the files shared. The Content Provider should hand over the completed files and the proof of work using the button ‘Send result’ (located on the project page). As far as responding and posting any review is concerned, when the content is delivered, both the buyer and the provider can post their reviews on the experience of working with each other.

If the client, has posted any project and not assigned it to anyone then he can cancel the project at any point in time. There are no means of content provider's bid for canceled projects. If the content buyer selects any bid and award project to any content provider; then, the content provider has full authority to either start working on it or cancel the project. If the content buyer assigns the project explicitly to any content provider, then the content provider has authority to accept or reject the content buyer’s offer. But, once content provider chooses to start working on the project, it cannot be canceled from the content provider’s side. We have a strict policy against the deadlines.

Content buyer has an alternate option to close the project in the following conditions:

  • If the content provider is unable to provide result within the specified deadline and also the deadline date is crossed;
  • If the content buyer requests for rework and if writer is unable to complete the review work within 48 hours

In these cases, the project will be closed, and the content provider will get nothing. The Content buyer can use closed project's cost for other future projects.

Why does the feedback reviews given by the content buyers play a quintessential role in the Whiteseeker’s review system? After the completion of the project, both the content buyer and the provider should rate each other share their experience, and also provide their valuable reviews to one another. It will help the content buyer to select the right Content Provider for their work. Similarly, the Content Provider would also know about the buyer reviews and feedback before working for him. Therefore, it would act as the win-win situation for both the parties for good earnings and higher work efficiency. The feedback reviews will not be removed unless and until if they clearly violate our Terms of Use. 

Note: If the Content Provider also, make any purchases outside of Whiteseeker to boost his/her ratings or to abuse the platform by using any false purchases then will result in the permanent suspension of the Content Provider’s account. To prevent any misconduct or misuse of our feedback system, all the feedback reviews provided to Content Provider must come from authentic sales executed which will be only through the Whiteseeker Platform from users within our community. 

Dispute

Once the content buyer has chosen the “reject,” and if the Content Provider disagrees by such decision, will refer a dispute to the Whiteseeker arbitrator, who shall decide the dispute on the basis of the facts and merits of the case and the arbitrator’s decision shall be final and binding between the parties.

Guarantees Of The Content Buyer

The content buyer represents and warrants as on the effective date and at all times thereafter:

The content will not be used for any illegal purposes or in any offending manner, will not project any type of content which might be indecent, profane, sexist, racist, obscene, pornographic, vulgar, harmful, unpleasant, discriminatory, threatening, abusive, offensive, derogatory, malicious, defamatory, hateful, menacing, and also which facilitate gambling and betting.

The Content Provider will be provided with every necessary and accurate information with respect to its requisites for the preparation of the content by the provider. Whiteseeker will not be held responsible in any manner directly or indirectly for any Intellectual Property infringement of the Content.

It is a duly organized and validly existing under the laws of India and has all legal power and authority to execute this Agreement and carry out the terms, conditions, and provisions hereof;

The execution, delivery and performance of this Agreement has been duly authorized by all requisite corporate and other actions and will not violate or contravene any material provisions or requirements of any government instrumentality or any rule, regulation, statute or ordinance or other applicable laws or approvals, or violate or contravene any provisions of its charter or bye-laws or any indenture, agreement, document or instrument to which it is a party or by which it or its property may be bound or affected;

No representations or warranty by content buyer contained herein or in any other agreement by content buyer to Whiteseeker contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make such representation or warranty not misleading in light of the circumstances in which it was made; and

It shall abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection and use of Content purchased from the Platform. Content buyer shall protect and hold harmless Whiteseeker and its partners, officers, shareholders and affiliates from any and all liability which may arise in connection with the content buyer’s conduct, including, in connection with or a result of matters relating to privacy.

Guarantees Of Content Provider

As of the Effective Date and at all times thereafter, Content Provider represents and warrants that:

It shall provide the Services in a workmanlike manner and shall adhere the requirements of the content buyer and endeavor to stick to the timelines decided with the content buyer;

It shall ensure that no third party Intellectual Property Right is infringed by the Content and does not and will not constitute a defamation or invasion of the rights of privacy or publicity of any third party;

The license granted to the content buyer herein shall be exclusive. The Content Provider warrants and represents that (i) the Content has not previously been used displayed performed, published, transmitted, distributed, advertised, demonstrated, promoted or otherwise exploited, directly or indirectly by or to the public and (ii) during the agreement and thereafter, the Content will not be used, displayed, performed, published, transmitted, distributed, advertised, demonstrated, promoted or otherwise exploited in any manner directly or indirectly, by or to the public.

It agrees and understands that breach of this Section by the Content Provider shall entitle the content buyer to injunctive relief for breach thereof along with appropriate damages. It is the author or creator or legitimate licensee of all Content provided under this Agreement with the necessary rights to distribute the Content which includes authorizing the content buyer to provide, promote and display the Content on its websites to be distributed to the users;

The Content does not violate the laws, statutes and/or regulations of any jurisdiction including India; the Content furnished by Content Provider to the content buyer for this Agreement is true, consistent and accurate at all times;

It is an entity duly organized and validly existing under the laws of India and has the power and capacity to execute, deliver, and perform the terms of this Agreement and has taken or shall take all necessary corporate and other action to authorize the execution, delivery, and performance of this Agreement.

Termination

We may cancel or terminate your right to use the site or any part of the site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities outlined in these Terms of Use, shall survive.

Refunds

Whiteseeker does not refund payments made for canceled projects back to your payment provider. Funds from project cancellations are returned to the content buyer's balance and are available for future purchases on Whiteseeker.

Payment refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team.

Filing a dispute or reversing a payment through your payment provider or your bank before attempting to resolve the matter by working it out with the Content Provider through the Whiteseeker dispute resolution tools and contacting customer support through this Site may get your account disabled to investigate possible security violations.

You are eligible for a refund on the Services under the following circumstances:

# If the Creative Content does not meet your specification; and/ or

# If the Content Provider is not able to complete your project in time for whatever reason.

The content buyer shall not be liable for a refund on the Services under the following circumstances:

# If the content buyer is spotted sharing / requesting contact details of the Content Provider; and/or

# If any Content Provider is spotted sharing / asking contact details of the content buyer.

Notwithstanding the above, Whiteseeker shall apart from holding the funds, will apply a permanent ban on both the Content Provider and the content buyer. If the user account is banned, then the user can access limited features of website. Whiteseeker reserves the right to grant or deny any refund requests. Mostly, the refund request is processed within five business days, however, in some cases; it might take upto 15 business days.

Disclaimer

THE CONTENT OF THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATION PURPOSE ONLY. IT DOESN’T CONSIST OF ANY SUGGESTION, AND SHOULDN’T BE RELIED UPON FOR ANY DECISION MAKING. IF THERE EXIST ANY SPECIFIC ADVICE OR QUERY REPLIES IN ANY SECTION OF THE WEBSITE IS/ARE PURELY THE PERSONAL OPINION OF THE PANEL OF EXPERTS/PERSONS/CONSULTANTS AND ARE NOT SUBSCRIBED TO BY THE WHITESEEKER WEBSITE. EVEN MORE, IT WILL BE THE SOLE RESPONSIBILITY OF THE USERS FOR UPDATING ANY INFORMATION, AND THE WEBSITE DOESN’T TAKE ANY RESPONSIBILITY FOR THE AUTHENTICITY OR THE ACCURACY OR THE TRUTH OF THE INFORMATION POSTED ON THE WEBSITE AND WEBSITE WILL NOT BE LIABLE CONCERNING THIS ACCOUNT. THE WEBSITE WILL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND THE WEBSITE'S CONTROL.

Limitation On Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall Whiteseeker be liable for any compensatory, punitive, special or consequential damages that result from

  1. The inability to use this site or the services;
  2. The misappropriation of materials;
  3. The use of this site or services offered by the site; or
  4. The loss of, or damage to, materials for any reason, even if Whiteseeker or a Whiteseeker authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above exclusion may not apply to you.

Security

It is the sole responsibility of the users and they agree that any data/material/information downloaded or else obtained through the website is purely done at their own risks and discretion and hence they are responsible for any loss or damage to their computer system or any loss of data which results from the download of such material or information. Once your account is created, you are entirely responsible for protecting your password which you use to access the Service and for any other activities or actions concerning your password, irrespective of your password is related with our services or a Whiteseeker you can’t register for more than one account. You truly agree that you will not disclose your password to any third party. It is advised, and you must intimate us immediately if you come across of any breach of security or any sort of unauthorized utilization of your account.

Indemnity

A. You agree to defend, hold harmless and indemnify Whiteseeker from and against any and all losses, costs, expenses, damages or other liabilities incurred by Whiteseeker from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Whiteseeker in connection with your use of the Website including any payment obligations incurred through the Website or through the use of any services including the use of your personal information, any breach of contract or other claims made by users with which you conducted business through the Website, a breach of any provision of this Agreement, any liability arising from the tax treatment of payments or any portion thereof, any negligent or intentional wrongdoing by any user, any act or omission of yours with respect to any payment due by you.

B. The Website may contain links to third party websites not under the control or operation of Whiteseeker. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site. You are responsible for the creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Whiteseeker' part to store, backup, retain, or grant access to any information or data for any period.