Expert Agreement

JustAnswer.co.uk is an Internet platform on which the "users" can ask general questions to "experts." The platform is operated by JustAnswer LLC., Idaho, USA. JustAnswer has its headquarters in California/USA. If you would like to become an expert, please read this agreement and all further conditions on the JustAnswer.co.uk website carefully before you submit an application to JustAnswer. With your application, you accept these regulations for the application and commit yourself to them, even though a binding agreement is only concluded upon your registration as an expert. This also applies to all further conditions, which you can view on the website JustAnswer.co.uk at the time of your application and which affect you. The agreement shall then come into existence under the following terms and conditions. The validity of deviating terms and conditions is barred, unless we have expressly agreed to them in text form. You may not submit an application if you do not agree to this contract and the terms and conditions.

Updated July 14, 2016

 
Overview
 
 

1. General provisions, exclusion of use

 
JustAnswer provides the Internet platform JustAnswer.co.uk (hereinafter also referred to as "Website") over which you, assuming you are confirmed as an expert by JustAnswer, can answer general questions posed by the registered users of the website JustAnswer.co.uk in your capacity as a registered expert.
 
JustAnswer is not responsible for the contents of questions and answers of the users. If you answer a question, an agreement shall come into existence exclusively between you and the user posing the question. This is explained in more detail in sec. 5.
 
Only natural persons of legal age may be registered as experts at JustAnswer. If you would like to register as an expert, you must demonstrate the required special knowledge and experience that users can expect from especially knowledgeable persons in the respective field.
 
Note that you are agreeing to restrictions to your rights of personality specified according to this contract. This is explained in greater detail in sec. 2 and 13.
 

2. Registration as an expert

 
Registration as an expert is free of charge. The data queried during your registration must be stated completely and correctly. You must notify Just Answer promptly of changes to the data you have provided (in this regard, see sec. 3). 
 
The application for registration is made on the website via a corresponding function with user guidance. A registration requires, in particular, that you answer the questions posed to you in your application completely and truthfully.
 
You can see various categories and fields via the relevant function on the website and select the category and/or subcategory in which you would like to register as an expert. With the selection of the category and your application, you ensure that you have the required expertise and special knowledge of an expert in the category. If you have questions about the categories, please send an e-mail to [email protected]
There are certain categories (e.g. tax questions, legal questions, medical questions) for which you can only register if you demonstrate the required professional qualifications (for example, you must have a license as a physician or a comparable license for the category "Medicine" and its subcategories).
 
JustAnswer is not obligated to accept your application for registration. In particular, JustAnswer is authorized to request further verification from you regarding your qualifications, particularly certificates, references, and licenses, before or after your registration as an expert. You shall bear any costs that might accrue for the acquisition of the documents requested by JustAnswer and forwarding them to JustAnswer yourself.
 
In addition, JustAnswer is authorized to obtain information concerning your qualification as an expert via appropriate trustworthy service providers (currently these are the firm of Automatic Data Processing, Inc. (ADP), domiciled in Roseland, New Jersey, USA, before or after your registration as an expert. The service provider will review, in particular, whether you have the license necessary for answering questions in the respective category and whether your stated value-added tax identification number is correct. This is necessary, in order to prevent the registration of "false" experts to the greatest extent possible and ensure a high quality of answers. To this end, we will, to the extent necessary, inform these service providers of your personal data of which we are aware. The service providers shall be obligated to use such data and their results solely for this purpose and not transmit them to third parties.
 
You will receive a corresponding message if we register you as an expert. You will then be a registered expert until this is revoked and/or terminated.
 

3. Modification of your data

 
Modifications of your data, particularly changes of your address, name, title, professional designation, references, your admission as a member of a certain professional group, professional bans, and other events that could affect your registration as an expert must be communicated to JustAnswer immediately via [email protected]
 
JustAnswer reserves the right, and expert agrees to comply, to periodically audit the credentials of any expert on the platform. Expert agrees that, if found ineligible to continue using the site, JustAnswer may remove such expert immediately.
 

4. Password and user ID

 
With your registration, you will determine a password and a user ID that will allow you to communicate with the users asking the questions via the website. Be absolutely certain to keep your password and user ID a secret, in order that it is not possible for anyone to answer questions using your "Expert Account." Please note that you can be held responsible if unauthorized third parties answer questions using your expert account.
 
If you suspect that someone is using your expert account without your consent, inform JustAnswer at [email protected] immediately, in order that the account can be promptly blocked. You shall be liable for unauthorized persons' use of your account, if which you bear responsibility for such use (for example, due to the furnishing of or negligent disclosure of your login data), until the account is blocked.
 

5. Legal relationships/Conclusion of the contract

 
It is necessary to distinguish between two kinds of legal relationships. An agreement between you and JustAnswer in accordance with these conditions comes into existence upon your registration by JustAnswer, of which you will be notified via the e-mail address you have entered.
 
When a user's question is answered, a contractual relationship can, depending on the content of the questions and your answer, come into existence with the user concerning free information or advice in accordance with the statutory provisions; in this regard, you shall have no claim to any remuneration. A contractual relationship in exchange for payment shall only come into existence with the user when the user pays you an amount for your answer using the function on the website intended for this purpose. JustAnswer shall not become a party to such contractual relationships. You can see from the "Terms of Service," particularly sec. 5 et seq., how and when you conclude a contract with the user. Note that the user has a right of revocation, such that he can possibly request the return of any sum that has already been paid. You shall be informed promptly via e-mail in the event of exercise of a right of revocation by the user, which is sent to JustAnswer.
 
You are thus in agreement with JustAnswer being your authorized recipient for declarations of revocations by users. In the event of the authorized exercise of the right of revocation by a user, JustAnswer shall refund the relevant amount to the user from your Expert Account.
 

6. Answering questions of users

 
As soon as you are a registered expert, you can answer the questions of the users in the category and/or subcategory in which you are approved as an expert by JustAnswer. Answering question from other categories and/or subcategories is not permissible.
 
The users can ask questions to all approved experts within a category or to a select expert. You can see how this works from the explanations on the website and, in particular, the "Terms of Service.
 
Your answers to users may only serve general informational purposes. In order to avoid your personal liability to the user in question and violations of any applicable professional law to the greatest extent possible, you should not answer any questions that a user has clearly posed with respect to his highly personal situation. Make absolutely certain to bear in mind with respect to your answers that your answers can be published on the website, and that this will be done under your name.
 
Some professional groups are only permitted to answer questions from users under certain conditions in accordance with the statutory requirements and other requirements of professional law that are applicable to them. Be absolutely certain to comply with these regulations (for more information, please see sec. 8 and 11).
 
You may only answer questions by users if you are certain that you possess the required knowledge. You must answer the questions with the diligence of a professional and in accordance with any existing requirements, obligations, and standards of your professional group. In case of doubt, do not answer a question or, if you have been addressed directly, inform the user that you cannot answer the question. You can and should ask the user for clarification if you are not certain how a question should beunderstood.
 
You may not ask for the personal contact information of the users in your answers.
 
Be absolutely certain to bear in mind your further obligations, which are described in detail in sec. 11, in your answers and follow-up questions.
 

7. Remuneration/Reward

 
You will not receive any remuneration from JustAnswer for your work as an expert. Under certain circumstances, however, you can be "rewarded" with a monetary amount from the user for answering a question.
 
The expert hereby appoints JustAnswer as his authorized payment and collection agent for payments by questioners. Payments by a questioner to JustAnswer are valid in relation to experts and shall have the effect of discharging his obligation. Experts answer questions as agreed, as if expert had received payments directly from the customer. Payments by questioners to JustAnswer release questioners in a legally valid manner from all debts and obligations to experts.
 
Users can only ask experts a question if they have previously named an amount that they wish to pay for the answer to their question. In part, the amount is also already preset on the website. The user must have acquired an electronic credit for that amount in advance. The amount that is intended to be paid for a good answer to a question will be communicated to you with the question. You may not conduct negotiations with the user regarding the amount he has indicated. If you find the amount to be too low, do not answer the user's question.
 
After receiving the answer, however, the user can freely decide whether he evaluates  you positively and "rewards" you with the stated amount ("Evaluated Answer") or is not willing to pay any amount. The user can also pay a higher amount than the amount that was initially indicated. You do not have any claim against the user (and/or JustAnswer) for payment of an amount for answering a question. However, if the user evaluates your answer to a question via a corresponding function on the website and thereby releases a specific amount, JustAnswer shall credit  to you in U.S. dollars (following deduction of the share to which JustAnswer is entitled to, i.e.) - assuming a corresponding credit of the user - via a credit account established for you at JustAnswer ("expert account"). You will be informed of this via e-mail. If at least 20 U.S. dollars have been credited to you, we will disburse your balance to you in U.S. dollars via PayPal transfer to the account you indicate by the 5th business day of the following month pursuant to your request at http://www.justanswer.co.uk/request_payment.aspx. We can also disburse your credits to you at any time without a request from you. We shall use the exchange rate of the Bank of England at the beginning of the respective quarter for the conversion of euros received in your Expert Account. This rate shall thus apply to the current quarter.
 
The balance in your expert account shall not bear interest. In the event of termination of your expert status, any residual balance shall be disbursed to you (after deduction of any claims held by JustAnswer) via PayPal within 30 days after the termination takes effect.
 
Note that JustAnswer does not provide any warranty or guarantee with respect to the users' ability and willingness to pay.
 
Please note that users have specific rights of revocation and rights of rescission in accordance with the Terms of Service. If such rights are exercised, a refund claim on the user's part might arise with respect to sums already credited or disbursed to you for answering questions. In such a case, JustAnswer shall refund the relevant amounts to the customer in advance and demand the return of such amounts from you.
 
If you are of the opinion that we have made an error in the calculation of the remuneration due to you, please contact [email protected] will then investigate your complaint and report the results to you as quickly as possible.
 
Users are entitled to demand a receipt for the released amount in the case of positively evaluated answered. For the purpose of simplification, you hereby authorize JustAnswer - until the revocation of this authorization - to issue such a receipt to the respective user in your name in the amount of the sum to which you are entitled. The receipt shall also include your name and address. We shall inform you when we issue such a receipt.
Absolutely note the following: Depending on your tax status, you shall be subject to value-added tax and must remit the appropriate amounts to the tax authorities. This applies both to the utilization of services of JustAnswer and the amounts that you receive from the users for the answering of their questions. The amounts that you have to remit to JustAnswer or, as the case may be, receive from the users shall always include the applicable statutory value-added tax; JustAnswer shall be authorized to separately list value-added tax for the remuneration paid by you for the utilization of the services of the website. You alone are responsible for the correct declaration of value-added tax to the tax authorities. If your competent tax office asserts claims against JustAnswer for the refund of value-added tax because you have - for reasons for which you are responsible - not correctly declared or remitted value-added tax, you shall refund the relevant amounts to JustAnswer or, as the case may be, indemnify JustAnswer from such claims.
 
If you have a valid value-added tax identification number, the value-added tax shall generally be payable on the fees that you remit to JustAnswer for use of the website. 
 

8. Special requirements for specific professional groups

 
In particular, experts in the categories "law & justice," "medicine," "taxes," "accounting," "veterinary medicine," and "pharmacy" must take special care that they only answer questions of general interest and do not provide any advice in the actual sense that could lead to the establishment of a special relationship of trust with the user, for example, something that extends from an information agreement to an attorney-client relationship, consultation agreement, or doctor-patient relationship.
 
Certain professional groups are currently not allowed to perform certain services without compensation in United Kingdom (as well as in some other countries). For example, this is currently the case for doctors, veterinarians, architects, tax consultants, and accountants. If, in accordance with the legal and professional conditions, it is not possible for you to answer questions free of charge, you promise to inform the users of this and/or refrain from answering the question until there is a legally permissible regulation.
 
Note that, according to the professional regulations for certain professions, a so-called self-advertising (advertising of your services) could be illegal and the answering of questions could be seen as such self-advertising. Certain professional groups are also subject to competition restrictions, with which you also must comply.
 
As an expert, you are personally responsible for ensuring that you comply with the provisions of professional law that apply to you. JustAnswer shall assume no liability for compliance with your provisions of professional law and is therefore also not able to advise you in this regard. In cases of doubt, please consult the competent professional organizations (e.g. chambers).
 

9. No liability on the part of JustAnswer for the content of users and experts or for telecommunications connections

 
Since JustAnswer solely provides an Internet platform, JustAnswer is, in principle, not liable for the content that users and experts exchange via e-mail or directly via the website or that is visible on the website. The same shall apply to defamatory or insulting content, criminally-relevant content or in the event of the infringement of rights of third parties (for example, copyright infringements, trademark infringements, etc.) as a result of the communication and content. JustAnswer is also not responsible for the content of websites that are referred to by JustAnswer, the users, or the experts by means of links or otherwise. JustAnswer shall, however, remove the relevant content from the JustAnswer.co.uk website if there is concrete suspicion of illegal content. You should inform JustAnswer at [email protected] if you have such a suspicion.
 
JustAnswer shall not be responsible for the means of communication with which you communicate with JustAnswer.co.uk and/or the users. JustAnswer shall therefore not be liable for an outage or disruption of such means of communication, unless JustAnswer has culpably caused such outage or disruption. JustAnswer reserves the right to temporarily restrict the access to the website JustAnswer.co.uk if work on the system is necessary or the content of the website is being changed.
 

10. Restrictions on the liability of JustAnswer

 
If JustAnswer itself is liable in exceptional situations, the liability of JustAnswer shall be limited to intentional and grossly negligent conduct. In the event of simple negligence on the part of JustAnswer, JustAnswer shall only be liable in the event of the breach of substantial contractual obligations (obligations, on whose fulfillment by JustAnswer the expert was permitted to rely). In the event of negligence, the liability shall be restricted to the foreseeable and contractually-typical damage. The statutory liability of JustAnswer in the event of injuries to life and limb shall remain unaffected.
 

11. Your obligations

 
In addition to the other obligations with which you are required to comply in accordance with this agreement and the additional provisions that apply to you as an expert, you are, in particular, not permitted to do any of the following in the course of your questions, answers and contributions:
   · violate statutory provisions,
public morality, or provisions of competition law;
   · infringe rights of third parties (e.g., rights of personality, trademark rights, copyrights);
   · distribute content that is unconstitutional, pornographic, or harmful to young people;
   · engage in any advertising, including by means of linking to other websites;
   · disseminate defamatory, slanderous, demeaning, discriminatory, racist content
or content that serves the sole purpose of dissemination of ideological, political, or religious goals;
   · disseminate content that violates statutory provisions, governmental provisions, or provisions of professional law that are applicable to you.
Advertising for third parties, for example, by means of linking to external websites, banners and the like, is not permissible.
You shall be required to reasonably ensure that you do not, through your communication, negatively affect the services of JustAnswer.co.uk or the means of communication of the users or other third parties by means of computer viruses, trojans, Internet worms or the like.
You also may not claim outside of the website that JustAnswer is sponsoring or supporting you or your answers and contributions. During the period of your expert status, you are also not permitted to make disparaging statements about JustAnswer or its employees, or about users or experts, or hold yourself out as a representative of JustAnswer.
 
You are not permitted to accept payments from users for your answers to questions posed via the website outside of the payment method described in sec. 7 or offer users to answer questions posed via the website directly with such users or directly communicate with such users in circumvention of the website.
 
In order to make users' circumvention attempts difficult, your signatures in your response e-mails via the website may not contain telephone or fax numbers or your e-mail address. However, this information is included in your profile.
You also may not include any incorrect statements concerning JustAnswer or the function of the website in your response e-mails.
You are personally responsible for the proper taxation of your revenues as an expert for JustAnswer. This also applies, in particular, to the remittance of value-added tax.
 
If you culpably breach these obligations, you shall be obligated to indemnify JustAnswer from all claims by third parties arising therefrom and compensate JustAnswer for all damage and costs resulting therefrom, including reasonable legal defense costs. JustAnswer will inform you if claims have been asserted against JustAnswer as a result of your conduct. In such a case, you shall be obligated to assist JustAnswer in defending its rights.
Regardless of your culpability, JustAnswer is authorized to delete content that is illegal or in violation of these terms and conditions. JustAnswer has no obligation to publish your answers to users on the website.
 

12. Evaluation of your answers

 
The user can leave you feedback with each of his "evaluated answers." He can submit a positive, negative or neutral evaluation and, in addition, write a brief comment. This evaluation will be used in order to determine the overall evaluation of each expert. In doing so, the numerical value for the evaluation shall be calculated using a simple formula. If an expert only receives positive evaluations, they shall receive an evaluation of 100%. Each time a negative evaluation is given, the evaluation shall worsen in relation to the positive evaluations according to the following formula: Evaluation = number of positive evaluations / (number of positive evaluations + number of negative evaluations). An evaluation of 98% for a large number of positively evaluated answers is, in principle, more informative and better than an evaluation of 100% for a small number of positively evaluated answers. Neutral evaluations have no effect on the overall evaluation.
 
JustAnswer is aware that the evaluation by users is subjective. JustAnswer does not exercise any influence on the evaluations. The satisfaction of the users is, however, the highest priority of JustAnswer.
 

13. Publications, data protection

 
JustAnswer may make your answers and contributions to the questions of users accessible on the website to all visitors to the website, including disclosure of your name, title, professional designation, and address. In addition, these answers and contributions could also be found via search engines. For commercial purposes, we may also publish or cause the publication of your answers (without revealing your name) outside of the website (for example, via advertising posts on external websites as well).
 
Users can evaluate your answers using an evaluation system (see sec. 12).  JustAnswer may make the results of these evaluations accessible to users (including all experts) on the website and via corresponding functions of the website. The evaluation is dependent solely upon the subjective estimation of the users; JustAnswer exercises no influence on this.
 
Note that additional personal data are visible to other registered experts and users at all times. This includes all data that you provide during your registration (with the exception of the data marked with a "P"). Experts and users can also see how many questions you have already answered and how many of them have been positively evaluated by the users.
 
Your personal data shall be used, processed, and stored exclusively for the services of JustAnswer. Forwarding to third parties shall not take place, with the exception of our service providers (e.g., researchers, PayPal), which will, in turn, be subjected to a corresponding obligation by JustAnswer.
Beyond that, we will only provide your data to third parties to the extent necessary, if we are obligated to do by law or governmental orders or if we have to defend ourselves against the rights or claims of third parties. We will make your personal data, such as name, address, professional designation, etc., publicly accessible to users via the website. You are statutorily obligated to publish these data as a provider of services via the Internet. Furthermore, we are allowed, in particular, to use your address data in your name when issuing receipts (sec. 7).
We may use your expert name and your signature in order to send messages to the user in your name which refers to the questions asked of you and your answers (for example, a notification that your answer is ready to be viewed). We will, however, never under any circumstances formulate answers to the questions of users in your name or submit declarations that otherwise bind or burden you.
 
Note that your data are stored and processed by JustAnswer in California and Texas and that our obligations to surrender data under U.S. law could differ from United Kingdom law.
We are further authorized to send you information that relates to your expert status or the services of the website via e-mail.
 
If you no longer agree to these regulations, you must terminate your expert status with JustAnswer in accordance with sec. 15.  We shall then only retain your data for five years for documentation purposes and shall then delete it. Even after your termination, however, it is possible that we will have to provide your data to third parties in accordance with the principles described above. In addition, you have the options of closing your Expert Account or deleting your account. If you would like to close your account, the account shall be blocked, but you shall still be named as the expert for purposes of questions that have already been answered. If you would like to delete your account, your account shall be deleted, but your answers shall continue to be visible, although your name shall be replaced with a placeholder.
 
You can find additional regulations concerning data protection as well as security under "Privacy & Security."
If you have questions, please [email protected].
 

14. Confidentiality

 
As an expert, you have access to certain confidential information about JustAnswer and other experts. You promise to always treat such information as confidential. Should you become aware of information about users that is not intended for the public, you must also treat such information as strictly confidential. This obligation to maintain confidentiality shall also continue to apply after the end of this agreement until the information is no longer confidential due to its publication by us or by third parties.
 

15. Block, termination

 
JustAnswer is authorized to block your access to JustAnswer.co.uk as an expert or your access as a whole if you breach your substantial duties arising from this contract, for example, the duties under sec. 11 or arising from other terms and conditions of JustAnswer that are applicable to you.
JustAnswer will terminate your expert status effective immediately for good cause if JustAnswer becomes aware of circumstances, according to which you do not or no longer possess the required licensing for your expert status. In cases of doubt, JustAnswer shall be authorized to temporarily block your access to the website and users, if there is justified doubt regarding your suitability or licensing. In such case, JustAnswer will request that you clear up the doubts. If you succeed in doing so, your access shall be restored.
 
JustAnswer shall also be authorized to terminate this agreement with you effective immediately for good cause. Good cause will be deemed to exist, in particular, if you have given JustAnswer a reason that justifies blocking your account. Good cause shall also exist if - to the extent that there are at least 20 evaluated answers for you - you receive an overall evaluation of less than 70% (in this regard, see sec. 12).  The same shall apply if your evaluation falls below 70% within a calendar month - regardless of the number of other evaluated answers.
 
You shall be authorized to terminate your expert status at any time without providing reasons by sending notification [email protected].
JustAnswer shall be authorized to terminate your expert status with a notice period of 30 days without providing a specific reason.
Remaining payment claims shall be disbursed to you within 30 days in the event of termination. Your already existing obligations arising from your legal relationships with users shall not be affected by termination.
 

16. Other services

 
In addition to the services described in these terms and conditions, JustAnswer offers other services whose terms and conditions and function are provided on the website. These services can be modified or discontinued by JustAnswer at any time.
 

17. Additional binding provisions

 
By way of supplement to these terms and conditions, all further conditions that can be seen on our website and which, due to their nature, are binding shall also apply. This includes, in particular, the provisions on Privacy & Security (and the Terms of Service.
 

18. Amendment of provisions

 
JustAnswer shall be authorized to amend the terms and conditions of this contract, as well as additional legally binding content of the JustAnswer.co.uk website, at any time. If an amendment is made your disadvantage, however, we shall inform you of this in advance by means of an e-mail or a clear notice on the JustAnswer.co.uk website. You have the opportunity to object to such amendment by e-mail to [email protected] within 30 days of receipt of the amendment notification. The amended conditions shall be deemed to have been accepted if you do not object in a timely manner or if you continue to use the services of JustAnswer.co.uk after receipt of the notice of amendment (for example, by answering the questions of users). JustAnswer shall inform you of this separately in the notice of amendment. Credits already existing in your expert account shall not be affected by amendments.
 
JustAnswer hereby points out that changes in the applicable law, court orders, or governmental orders might necessitate an immediate amendment of the contract and other provisions. In such case, JustAnswer reserves the right to implement the amendments effective immediately. JustAnswer shall inform you of this immediately. You can then immediately terminate your expert status in accordance with sec. 15.
If you object to the amendment in a timely manner, the right of JustAnswer to declare ordinary termination of your expert status via a message in text form shall remain unaffected.
 

19. Transfer of the JustAnswer expert agreement

 
JustAnswer LLC. shall be authorized to transfer this agreement to one of its affiliated companies (companies in which the JustAnswer LLC. directly or indirectly holds the majority of the shares or the majority of the voting rights or companies which directly or indirectly hold the majority of the shares or voting rights in JustAnswer LLC.). You shall be authorized to terminate this contract without compliance with a notice period by means of a notification to [email protected], if such a transfer occurs. We shall inform you of such a transfer via e-mail or a clear notice on the website.
 

20. Applicable law

 
United Kingdom law shall apply to this contract. UK law shall also apply to legal relationships with UK users. If a foreign user is involved, the law of the usual place of residence or the country from which the user has asked his question can also apply in accordance with the respectively mandatorily applicable law.
 

21. Place of judicial jurisdiction

 
The exclusive place of judicial jurisdiction for all claims against or by JustAnswer resulting from and in conjunction with this expert agreement shall be San Francisco, USA unless otherwise by laws in your local jurisdiction. JustAnswer shall, however, also be authorized to sue against you at your general place of judicial jurisdiction.
 

22. Invalid clauses

 
If one or more clauses of this contract or the additional contractual bases are or becomes invalid, this shall not affect the validity of the rest of this contract.

23. Additional Provisions Relating to Remote Desktop Users

Experts who use Remote Desktop tools understand and agree that by using such Remote Desktop tools they hereby agree to the following terms and conditions:

a. Any use of the Remote Desktop tools, whereby you can access and control the Customer’s computer, shall be for the sole purposes of computer diagnosis, service and repair as requested by the Customer;

b. You agree that you will be solely responsible for any claim of loss or harm arising out of your use of the Remote Desktop technology with the Customer;

c. JustAnswer may record any or all Remote Desktop sessions at JustAnswer’s sole discretion;

d. You will not install any software without the express agreement of the Customer;

e. You will support only one Customer via Remote Desktop at a time; and

f. You will not use the Remote Desktop technology to do anything unlawful or otherwise not permitted by our Terms.