Extrabrains Terms of Service
Last Updated December’18
and Acceptance of Terms
Violation of Terms of Service may result in a termination of your account.
Extrabrains' services are non-transferable. You may benefit from our referral program to make your colleagues or friends happy with our service. Your Extrabrains account is also non-transferable. Thus, you cannot provide your account details (login and password) to another person.
All Extrabrains' services are project-based and are not linked with hours spent. However, additional charges may arise in case of significant task change after the work has been started.
All Extrabrains'' packages are recurring subscriptions that can be canceled at any time.
Extrabrains is not an employment agency, recruitment organization or introducer. You may not at any time (either during or after five years of the last provision of service) contract with, employ, reward or pay – either directly or indirectly – any Extrabrains employee. $5000 is the penalty becoming payable immediately in case this condition is breached.
Requests & Tasks
Each request (task) must be submitted by email, simple tasks and comments are accepted by phone. Please send your requests individually: this means that each communication you have with your project manager should contain one, defined, task. You’re more than welcome to send multiple tasks simultaneously, but we ask that you create a separate email for each. This ensures the fastest response for each task.
If you would like to make a comment on the quality of our service – kindly send an email at email@example.com.
Extrabrains working hours are Monday to Friday, from 8 a.m. till 8 p.m., UTC+2. All tasks submitted on working days after 5 p.m. UTC+2 will be put into work the next working day.
Working outside of working hours is a subject of the additional agreement. We need to be notified 2 working days in advance to plan personnel availability.
Extrabrains is adhering to official Ukrainian banking days and holidays schedule. Kindly discuss this schedule with your Project Manager directly.
Ownership and Confidentiality of Work Product
Extrabrains owns all the original Work Products created by our employees (i.e. designs, process maps, analytical presentations, research projects, reports, templates, spreadsheets, forms, etc.). Extrabrains grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your personal and commercial purposes. Extrabrains has the right to use and disclose the Work Product to any third party, provided that your confidential information will not be disclosed to any third party.
You keep sole ownership of your confidential information and your intellectual property. It will be removed from Extrabrains Work Product before it is disclosed to any third party.
As used in these Terms of Service, your confidential information means non-public information that you provide to Extrabrains that you reasonably expect Extrabrains to keep secret, including your personal information (i.e., your name, your social security number, your credit card information, and similar information) and business information (sales data, technologies, processes, financial data, patents, etc.), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by Extrabrains; (2) was or becomes available to Extrabrains on a non-confidential basis prior to your disclosure of the information to Extrabrains; (3) is independently developed by Extrabrains without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Extrabrains’ rights or property, or the rights of our other clients.
As used in these Terms of Service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with the creation of the Work Product.
Guarantee & Warranty
Extrabrains provides guarantee on our services to reach agreed results within 6 months since project kick-off. If results are not reached, Extrabrains continues to work free of charge within the same package for the upcoming 60 calendar days or until results are met – whichever occurs first.
Obligatory pre-conditions for guarantee to take effect:
- The results are quantifiable and agreed in written with Extrabrains before the work start.
- Extrabrains has direct impact on the results. For example, Extrabrains cannot be held responsible for underperformance of Client’s Sales Team.
- Extrabrains has direct access to the measured metrics and can track the progress at any time during project is ongoing.
- The Client implements Extrabrains’ recommendations which are aligned with agreed budget, Client’s business objectives and lies within legal framework.
Extrabrains provides no warranty on any of the Work Products developed by our personnel. We will do our best to provide the most accurate information available though we cannot be held liable for any unintentional mistakes.
Monthly packages can be canceled at any time. If the cancellation occurs within first 10 days of the month – the subject of refund is the unused working days pro-rata. If canceled after 10th day of the month – no refund is provided. To cancel, just email your Project Manager or email us at firstname.lastname@example.org and ask us to cancel your subscription. No cancellation fees are applied at any time.
Annual packages can be cancelled within the first 90 days and will result in a prorated refund for unused time. After the first 90 days, annual packages are non-refundable.
We may cancel your packages of any type for any or no reason immediately upon notice to you. In this case, in hours-based packages we will give you a refund of all the remaining hours at the standard rate of your plan for any period for which you have already paid. In project-based packages we will give you a refund of all undelivered milestones according to agreed project plan.