Extrabrains

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Extrabrains Terms of Service

Last Updated December’18

User’s Acknowledgment
and Acceptance of Terms

Extrabrains (“Us” or “We”) provides the www.extrabrains.net site and various related services (collectively, the “site”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference in these Terms of Use.

By using this site, you agree to be bound by these terms of use. If you do not wish to be bound by these terms of use, please exit the site now. Your remedy for dissatisfaction with this site, or any services, content, or other information available on or through this site, is to stop using the site and/or those particular services. Your agreement with us regarding compliance with these terms of use becomes effective immediately upon commencement of your use of this site.

These Terms of Use are effective as of the “Last Modified” date identified at the top of this page. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. However, for any material modifications to the Terms of Use or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Use will automatically be effective upon the earlier of (i) your continued use of this site with actual knowledge of such modifications, or (ii) 10 days from publication of such modified Terms of Use on this site. Notwithstanding the preceding, the resolution of any dispute that arises between you and us will be governed by the Terms of Use in effect at the time such dispute arose.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

Service overview

Violation of Terms of Service may result in a termination of your account.

Packages and Extra Pick services are non-transferable. You may either select Extra User service or 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.

Extra Team package is defined by hours used per 31 days. Thus, if any amount of hours is not used up by the end of the period, these hours will not carry over to the next period.

Yearly Extra Team package is defined by hours used per month and year. If a certain amount of hours is not used during a month, it will carry over to the next month within a year. Maximum overlap (both carry over of unused hours and credit of hours from upcoming month) between months within a year is 20 hours.

All Extra Pick 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.

Monthly and yearly Extra Team 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 extra@extrabrains.net. Please visit the following webpage to see the full list of services we offer: http://extrabrains.net/how-we-can-help/. Agreeing to these terms of service means you understand and agree to keep your tasks within the scope of our business. Any additional service is the subject of a separate agreement.

Working hours

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. Double hours are charged for every hour outside official working hours.

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 Extra Team services to reach agreed results within 3 months since project kick-off. If results are not reached, Extrabrains continues to work free of charge within Extra Team package for the upcoming 45 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.

Cancellations

Extra Pick services can be cancelled at any time without cancellation fees but are non-refundable.

Monthly Extra Team package can be canceled at any time. If the cancellation occurs within first 10 days of the month – the subject of refund is the unused hours. If canceled after 10th day of the month – no refund is provided. To cancel, just email your Project Manager or email us at extra@extrabrains.net and ask us to cancel your subscription. No cancellation fees are applied at any time.

Annual Extra Team package 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.

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