Terms And Conditions
TERMS AND CONDITIONS AGREEMENT FOR USING 247FRIEND.ORG
Last updated 18 June 2020 01:11 PM AEST
1. Acceptance Of Terms
Hello and thank you for taking the time to understand the terms and conditions of using this Website. 24:7 Friend and/or its affiliates and subsidiaries (referred to as the Company) aims to change your life through a series of one-on-one conversations with our Coaches and through other related products and services that are sold through or offered on the Website.
By accessing or using the site in any and all ways, whether as only a visitor or as a registered user or purchaser on the Website, you agree to be legally bound by all of the terms of this agreement (referred to herein as Terms), without limitation. You also acknowledge that you are a minimum of 18 years old and have the legal ability to enter into such an agreement and be bound by such Terms. You understand that you are solely responsible for compliance with any and all laws, rules, regulations, costs, and fees that may apply to your use of the Website and Services currently and in the future.
If you disagree with anything contained in these Terms, you may not use the Website or its services. If the legal entity that you represent does not agree with these Terms, you must not accept this Agreement, must not register, and must not use or access the Website as an authorized representative. These Terms govern all of your activity and use of the Website and Services.
Please note that these Terms are a binding legal agreement between you and the Company. Failure to use the Website and Application within the bounds of this agreement may result in any action deemed fit by the Company, which may include – but not limited to – closure of your account, including retrieval or forfeiture of financial balances or credit, cessation of any existing agreements with the Company, and/or civil and criminal penalties. If you agree to these Terms on behalf of another legal entity, you must be able to provide legal documentation showing that you have the authority of that legal entity to be bound to these Terms and, in such event, your role in these Terms will refer and apply to that legal entity.
In short, these Terms are legally binding and can be accessed at https://247friend.org/terms-and-conditions/. If you have any questions about the content of this document and/or your legal obligations with the Company, please contact us. Thank you for taking the time to carefully read and understand these Terms.
“30-Day Happiness Guarantee” refers to the time frame beginning with your purchase and ending at the same time 30 days later. During this time frame, it is considered a trial period and Client may request a full refund of Client’s remaining unused balance. Refunds are not given after this trial time frame.
“Adjustment” (singular or plural) refers to the action taken by a Website Administrator to modify or correct the value of Services reported by Coaches, pre-purchased by Clients (also known as their Balance; see below for definition) or of Services owed to Coaches.
“Balance” (singular or plural) refers to the credit or value of Services that a Client has pre-purchased through payment provided to the Company. This amount and history of transactions are displayed in the Client’s account on the Website in what we call the ‘Minute Bank.’ In contrast, the term ‘balance’ with a lower case ‘b’ may apply to a Coach’s Payout balance.
“Bonus” (singular or plural) refers to a credit that Coach requests from Administrator that is added to a Client’s Minute Bank as an incentive, a reward, or a gesture of gratitude from the Coach.
“Client” or “Client user” (singular or plural) refers to any individual person, group of persons, or organization that has paid the Company for Services or has created an account on the Website, without limitation.
“Coach” or “Coach User” (singular or plural) refers to a person who the Company subcontracts as a Coach and who created an account on the Website.
“Coach Applicant” or “Coach Applicant User” (singular or plural) refers to any person who has entered into the process of becoming a Coach with the Company but is not yet recognized as a Coach by the Company. A Coach Applicant User becomes a Coach User when the Company has both (1) received a fully completed contract from a Coach Applicant and (2) sent an email to the Coach Applicant confirming their approval and acceptance as a Coach on the Website. This occurs at the end of the three-step coach application process. Both “(1)” and “(2)” must happen as described above for a Coach Applicant to cease being a Coach Applicant.
“Coach Profile Page” refers to a page on the Website whereby Clients and Public Users can view details of, make contact with, and/or commit to the Services of a Coach.
“Coach’s Rate” refers to the cost per minute that appears to the public on a coach’s profile on the Website.
“Company” or “the Company” refers to the brand 24:7 Friend and its owner.
“Gift Certificate Purchaser” (singular or plural) refers to any individual person, group of persons, or organization that has purchased or requested to purchase a particular monetary value of Services from the Company for the purposes of selling or gifting the monetary value to a third party. This definition applies to any such purchasing individual, group of persons, or organization irrespective of whether or not the monetary value has been redeemed by the third party.
“Public User” (singular or plural) refers to any visitor or user who does not have an account on the Website.
“Purchaser” (singular or plural) refers to any individual person, group of persons, or organization that purchases Services on the Website.
“Scheduled Conversation” refers to a conversation which was agreed by Coach and Client to occur at a specific date and time, and it is considered a Scheduled Conversation if it is arranged at least 24 hours prior to the agreed date and time.
“Services” or “the Services” refers to the one-on-one conversations, training, workshops, Gift Certificates, and other (paid or otherwise) products or services offered by Coaches.
“Terms” or “these Terms” refer to the content of this Terms and Conditions Agreement document.
“Text Communication” refers to electronic communications (or in the rare instance written communications) that involves typed or written text as opposed to voice or video.
“Unscheduled Conversation” refers to a conversation that occurred spontaneously without agreeing to a specific date and time on the calendar. It may be considered ‘Unscheduled’ if a date and time was arranged only within 24 hours of the appointment.
“User” (singular or plural) or “All Users” refer to any and all person(s) using, visiting, or interacting with the Website and Services and this includes all person(s) who have and have not made a purchase as well as person(s) who have and do not have a username and login to the Website.
“Variable-Length Conversation” this refers to a scheduled conversation that may be agreed to last a specific amount of time, but both parties understand that the time may vary or end early if needed.
“Voice-to-Voice Communication” or “Voice Communication” refers to communication using the human voice, recorded or live, as opposed to typed or written text and voice-to-voice is also as opposed to video that is face-to-face.
“Website” refers to the web platform found on www.247friend.org and all of its pages, content, forms, and data. It also collectively includes any other domains or subdomains that the Company owns or on which its products or services are directly sold. This does not include external websites or retail platforms that are not owned or managed directly by the Company.
“Website Administrator” (singular or plural) refers to the person from the Company who administers the website, or a third party that provides such services on behalf of the Company.
The Company reserves the right, at its sole discretion and without prior notice, to modify the Website at any time, including (but not limited to) fees, prices, or services and to modify the content of these Terms. The latest modification date of these Terms will be posted on the Terms webpage and will be immediately effective upon publication date. The Company will send notifications via email to all Users who have provided an email address. Users agree to advise the Company of any changes to their email address.
By continuing to access or use the Website after the Company has modified the Terms, you are indicating that you agree to be bound by the modified Terms. If you do not agree with or accept the modified Terms, your only recourse is to cease using the Website and any related services. No refunds will be given upon a change in the Terms and Conditions or upon changes to the Website.
If the Company changes its domain or company name or is sold to a different company, these Terms will apply to the new domain, new company name, and/or to the new company owners. In these cases, Users will be notified via email.
4. Company Values
Focused Conversations. A medical doctor does not ask their patient for money during a medical examination but instead focuses on their patient’s medical condition during the visit. Ordinarily, a doctor expects to have nothing to do with taking and managing payments for their services, as they choose to delegate this responsibility to their office staff. In a similar way, the Company believes that money is best managed separately from the Coach and Client relationship in order for the Coach to have interactions with their Client that are solely focused on the Client’s thoughts and feelings. Therefore, the Website Administrator of the Company receives payments from the Client and distributes those payments to the Coach according to how much time the Coach spends with the Client. The Client is required to pay the company directly, not the Coach, and this removes the often uncomfortable and awkward need for the Coach to ask for money and the equally awkward situation for a Client to ask about prices, payments, and cost. Rather than compromising the safe space of an emotional coaching conversation by discussing accounting matters, both the Client and Coach agree to communicate any and all financial matters directly with the Website Administrator.
Powerful Chemistry. The right sports Coach can work with a team that has a long losing streak and transform that team into world champions. Likewise, the Company’s hope is that every Client will find the right personal coach – a Coach with whom a Client experiences the most powerful and winning coaching chemistry. Therefore, in order for the Client to find the right chemistry for their particular goals, the Company allows each Client to work with as many Coaches as they so wish and also allows each Client the freedom to change their Coach whenever desired. The Company also allows each Coach to discontinue working with a Client if the Coach believes that Client will have a more powerful experience by switching to a different Coach. Also, a different Coach in a different niche may be needed for different seasons of change or particular areas in a Client’s life. Therefore, the Client and Coach retain the freedom to change who they work with. The Company allows a Client’s Balance to apply to any of the Coaches on the Website at any time. All coaching conversations fall under one contract between the Client and the Company, not with each individual Coach directly, and this allows for maximum flexibility for both Client and Coach.
Valued Time. The Company emphasizes the value of time that Coaches and Clients spend together. The stipulations of these Terms are designed to ensure that both Coach and Client equally value each other’s time and scheduling commitments in an effective way. To demonstrate and guarantee the value of each other’s time, there may be costs involved for the following events (but not limited to): cancellations of appointments, delayed starting times, rescheduled appointments, and contract expirations, all as described in these Terms.
5. All Users
You agree to these Terms in their entirety, and you agree to allow the Company to facilitate the Services between each Coach and Client.
5.1 The Company’s Right to Restrict Service by Region
The Company retains the right to restrict access to the Website or its services in regions of the world outside of the United Kingdom, United States of America, Canada, the European Union, the Republic of Ireland, Australia, and New Zealand. This may at any time be carried out through blocking of certain Internet Protocol ranges at the discretion of the Company. The purposes may include limiting services due to resources, making website management easier, or for general security management. If or when regional restrictions are in place, user accounts will remain active and Minute Bank Balances will expire at the current time limit; so if you are planning to travel to a country the Website does not service, please plan accordingly. This applies to all purchases, including Gift Certificate Purchases.
5.2 Coach and Client Agreements
You understand that while these Terms make reference to Client and Coach relationships and may provide some, but not complete, direction on how to properly manage such relationships, the Company cannot be held liable for any agreements entered into directly between Clients and Coaches. While the Company exists to facilitate connections between Clients and Coaches, it is not responsible for the content of or actions resulting from these connections. Clients accepts complete responsibility for every decision and action that happens as a result of conversations that take place with Coaches. The Company, therefore, disclaims all such liability resulting from agreements that are not explicitly outlined in these Terms. As such, all Users acknowledge that they engage with the Company and use all Services fully at their own risk.
5.3 Security of Third Party Applications
You understand that the Company is not responsible for the security of the data of third party websites or plugins associated with or integrated into the Website. You understand that there is a risk of potential loss of data or periods when the Website may be offline or when the security of the Website may be compromised, and you agree not to hold the Company liable nor expect compensation for any reason whatsoever.
5.4 Security of Login Credentials
It is the responsibility of all Users to keep their login details (i.e., password and related information) private and to never share these with a third party. This includes, but is not limited to, ensuring they log in and log out only when in full control and direct usage of the device they are logged onto. If a third party does access the account of a User under any circumstances, Users agree to take full responsibility of the third party’s actions, irrespective of the cause and consequences. Users agree to contact the Company immediately if it is believed that login details may be known to a third party and/or if unauthorized account usage has taken place.
5.5 Financial Responsibility
Any User who engages in financial transactions with the Company, including Coaches, Clients, Purchases, and any other individual or entity, without limitation, acknowledges full responsibility for compliance with any and all relevant laws, taxation rules, and other legal requirements. All Users agree to the Company having no liability in regard to their own financial decisions and situations and will not hold the Company responsible in any way, without limitation, for the consequences of any financial-related transactions with the Company, including, but not limited to, the need to notify taxation authorities of such transactions. The Company is not a registered charity or professional medical practice in any jurisdiction and should not be treated as such by any User, including Coaches, Clients, and Purchasers.
5.6 Acceptance of Internet and Phone Charges
All users accept full responsibility for all fees charged to them by their telephone, mobile phone, and/or internet service providers. All Users understand their joint responsibility to check their phone and internet contracts and speak with service providers to determine charges, prior to conversations or other Services. All Users understand that a Client’s payment to the Company does not include their own costs for mobile phone usage, including national or international phone calls or internet usage. All Users understand that they will pay for any such costs outside of their dealings with the Company.
5.7 Responsibility to Stay Informed Regarding Changes
6. Coach User
Each Coach user agrees to these Terms and is also bound by the responsibilities and expectations outlined in their signed Contractor Agreement. This can be accessed at any time within a Coach’s online account, located on the Website.
The Company has no obligation to provide Coaches with the ability to export their user data from the Website, including but not limited to financial data, time tracking data, Coach Rating data, or Client history or contact data.
When Coaches produce written or video content for publishing on the Website, the copyright for that material becomes property of 24:7 Friend and may not be republished without the written consent of a Website Administrator.
Once a coach submits material for publication on the Website, a Website Administrator may edit the content without the approval of the Coach.
7. Coach and Client Users
7.1 Coach Ratings
The Company reserves the right to ask Clients to rate a Coach’s performance, including time management, lateness, rescheduling, response time, coaching skills, life-changing ability (how much Coaching is, in their subjective opinion, changing their life), and any other characteristics that help the Company evaluate a Coach’s skills, effectiveness, and impact. This data may be used by the Company for marketing purposes and/or to publish such ratings in whatever manner the Company finds helpful.
7.2 Coach and Client Relationships and Contact Methods
Clients may choose to contact any Coach on the Website at any time. Both Coaches and Clients can discontinue the coaching relationship with any Coach or Client at any time. Clients are not bound to continue working with only one particular Coach, nor are Coaches bound to continue coaching a particular Client. Each party has the freedom to choose which Coaches and Clients on the Website that they want to work with.
While a Client and Coach may choose any form of communication they wish, each party should agree on their primary form of communication and respect the others’ wishes regarding forms and times of communication. The Company recommends using some form of Voice Communication as the primary method as this proves to be most effective and efficient in a coaching relationship.
To schedule a conversation, a Client will use the Schedule button located on a Coach’s Profile.
A Client may change the appointment at any time but will establish an appointment through the Coach’s calendar that is accessed on the Website, also known as Scheduled Conversations. It is important to make regularly scheduled conversations, such as daily or weekly, in order to maintain momentum, avoid becoming “too busy,” and/or to prevent credit in a Balance to expire (this takes place 12 months after the purchase date of the credit).
Coaches agree to maintain at least a total of 10 hours of available or scheduled time slots per week.
A Coach may refer a Client to a different Coach if a Coach feels another Coach may serve their Client better.
While 24:7 Friend values, prioritizes, and monitors Coach availability, there is no guarantee that a Coach will be available at a Client’s preferred time.
Before a contract expires, the Company has the right to remove a Coach profile from User view, to the degree needed by the Company to ensure bookings are not made beyond the expiration date of a Coach’s contract. If a Client has concerns about the inability to schedule a conversation or other Service, they agree to contact the Company for a resolution.
The Company assumes that the Coach and Client consider their time to be valuable both financially (“time is money”) and emotionally. The following policies are established in order to place an actual value on the time set aside for Scheduled Conversations. If a Coach or Client consistently runs late, cancels often, or reschedules often, then the party on the receiving end of the lateness, cancellation, or rescheduling should discontinue working with the other party and, instead, work with someone else whose schedule agrees better with their own.
7.3a Cancellations, Rescheduling, and No-Shows
If a Coach or Client cannot attend or participate in a Scheduled Conversation, then the Company requires that the canceling or rescheduling party provides a minimum of 24 hours notice to the other party. The only exceptions are a documented medical emergency or a natural disaster. Poor time management, poor calendar management, or forgetfulness are not acceptable reasons for cancellations, rescheduling, and no-shows.
If either a Coach or Client does not show up to a Scheduled Conversation or if a Coach or Client provides any less than 24 hours notice of a cancellation or rescheduling, then Company may credit the person who received the cancellation and debit the account of the person who cancelled. For a client, a deduction for cancelling would come out of the Client’s Minute Bank on the Website. For a Coach, a deduction for cancelling would come out of the Coach’s payout balance on the Website. Likewise, a credit when receiving a cancellation would be added to the Minute Bank (for Clients) or to the payout balance (for Coaches). The specific amount deducted or credited will equal the same number of minutes that was scheduled. To put it simply, if you cancel or reschedule less than 24 hours ahead of time, you lose money, and the other party gets credited with the money you lost. However, this credit and deduction will only happen when one of the parties notifies a Website Administrator within 24 hours of the cancellation. Otherwise, the Company cannot proceed with a deduction or credit.
Coaches and Clients agree that significant change is unlikely to happen without regularly scheduled conversations, as noted above.
If either a Coach or Client joins a Scheduled Conversation more than 15 minutes late for whatever reason, then the person waiting can consider the appointment canceled and the same consequence will apply as described above for conversations that are canceled less than 24 hours ahead of time. However, the deduction and credit will only happen when the party who waited at least 15 minutes notifies a Website Administrator. Otherwise, the Company cannot proceed with the withdrawal or credit.
7.3c Time Zone and Availability Considerations
Coaches and Clients need to be aware of the other’s local time. Although scheduling via Google Calendar will help assist Coaches and Clients in this regard, confirming the local time displayed on a service, such as Talk Pop, is recommended to avoid any timezone-related scheduling issues. For Variable-Length Conversations, the Client is to always lead the amount of time. This means that if a conversation comes to a premature conclusion, the conversation ends at that point. Similarly, if both the Coach and Client are available beyond the scheduled ending, and both parties agree to continue, they can do so.
Coaches and Clients should be aware that they can use any means to talk, including a free conference call number. Coaches and Clients are both responsible for preparing a stable internet connection ahead of time. The Company is not responsible for technical failures, whether reception or device-related, or the money lost due to those failed connections.
7.3d Coach Responsiveness and Charges
When a Client sends a Coach a message as part of an Unscheduled Conversation, that Coach must respond within 24 hours. Without a legitimate reason for not responding, a Coach loses the ability to charge a Client’s Minute Bank for reading or listening to the Client’s message after a 24-hour gap in the Coach response time. Coaches also lose the ability to charge the Client’s Minute Bank for their initial response back to the Client after a 24-hour gap. Coaches may start charging the Client’s Minute Bank the next time the Client replies. This is to ensure that Coaches are responsive to the needs of their existing Clients.
Clients should not expect more than one text reply of any size from a Coach every 24 hours. For longer messages in which a fuller reply is needed, Coaches may send a short text response, offering to continue the conversation in a voice-to-voice format.
7.4 Coach Rate
Each Coach’s Rate is subject to change at any time. Clients can confirm a Coach’s current Rate on their Coach Profile, and it is recommended that Clients check this Rate prior to each conversation. A Client should also be aware that conversations are charged at the Coach Rate applicable when a Coach reports a conversation. If a Client has any concerns regarding Coach Rate changes in the period between scheduling a conversation and a Coach reporting a conversation, they should contact a Website Administrator with their concern. Rate adjustments can be approved in such cases, but only when requested by a Client to a Website Administrator.
7.5 Minute Bank and Contract Expiration
All package purchases have a one year expiration date in order to motivate Users to engage with their Coach and take action. In other words, in a manner similar to other professional services such as prepaid gym memberships, a Client’s Minute Bank credit (Balance) operates on a ‘use it or lose it’ basis. This is meant to motivate Clients to use their purchase and keep moving. A one year expiration date also applies to the gift certificate purchases, starting from the date that the gift certificate was purchased (not the date it was redeemed).
A Client’s contract expires one (1) year from the date of purchase, and any unused balance in Client’s Minute Bank will be lost unless a Client purchases more credit before the expiration date. When a Client makes a new purchase, the contract expiration date is extended by twelve months (a 12-month extension) and this also means that all of the credit in the Balance (both the existing and the new credit) will be available for that 12-month extension. This is also explained in the “Purchasers” section of these Terms and Conditions.
A Client accepts that all Voice-to-Voice Communication with a Coach is counted as payable time and will be withdrawn from the Client’s account, whether it lasts 30 seconds, a minute, an hour, or several hours. Conversations may contain breathing and natural pauses, running to the bathroom, and a host of other time-consuming events. These events are all considered natural to a conversation and are therefore paid time unless there is a definite pause and/or interruption in the conversation that lasts more than three minutes.
The Website will round all seconds to minutes. When a Coach reports 30 seconds and above, it will be counted as 1 (one) minute, and reporting 29 (twenty-nine) seconds and below will be counted as zero minutes. For example, if the entry is 5 (five) minutes and 30 (thirty) seconds, the minute computation would be 6 (six) minutes. If the entry is 5 (five) minutes and 29 (twenty-nine) seconds, the minute computation would be 5 (five) minutes.
A Coach is never required to report the number of seconds, but if a Coach decides to enter seconds, it should only occur for Voice Conversations that last under 5 (five) minutes.
For Clients who cancel less than 24 hours before a Scheduled Conversation, the Coach will receive payment for the length of the scheduled conversation based on the amount of time that the appointment was set for on the Calendar. When a Coach cancels less than 24 hours before a Scheduled Conversation, the Coach will lose a payout amount equal to the amount of time that was scheduled with the Client.
All Voice Communication, including discussions about appointments or other topics, no matter the subject matter or content, is regarded as Payable Time.
Text Communication is not charged. If a Coach or Client initiates contact via Text Communication, then the other can choose to reply with Text or Voice Communication. If, for example, the Client leaves text messages, the Coach may choose to respond with voice messages. Coaches may charge the Client’s Minute Bank any time a Client leaves a voice message or any time the Coach responds with Voice Communication.
If one believes that the other may communicate too much via text, then it should be communicated that the matter is better to discuss voice to voice. If communication preferences cannot be reconciled, then the Coach or Client should consider working with another Coach or Client.
The Company guarantees Clients that the Website will display their current Balance of money and time left. To ensure this guarantee, Coaches will record time in the Website immediately after time spent with the Client.
There may be times when the server is down or the Website is undergoing maintenance and the Website is unavailable to Coaches and Clients. During these times, the Coach is responsible for recording their time in as timely a manner as possible, checking the Website availability at least once per 24 hours to record their time.
7.5a Example Conversations and Minute Bank Charges
Please note: 24-hour time is used in the below examples, including seconds past each minute.
A Scheduled Conversation:
The Client requests a 1-hour appointment with a Coach, and a start time of 15:00:00 the following day is confirmed. The Client makes contact with the Coach the next day at 15:01:15. The conversation ends at 16:03:30, and the Coach reports the conversation as 62 minutes 30 seconds, with the Client’s Minute Bank updating at that time.
A Scheduled Conversation where the Client is unreachable:
The Client requests a 1-hour appointment with a Coach, and a start time of 12:00:00 on Saturday is confirmed. On Saturday, the Coach waits for the Client at 12:00:00 without success, sending an email and Voxer message to see if Client will be joining, in addition to the attempted Skype call. The Coach attempts contact again at 12:15:00 without success. The standard 15-minute maximum wait time is reached and Coach considers the appointment canceled. The Client makes contact with the Coach later that night, apologizing for forgetting about the appointment. The Coach reports the conversation as 60 minutes the following day, with the Client’s Minute Bank updating at that time.
An Unscheduled Conversation:
A Client sends a 20-second Voxer message to a Coach at 10:10:00. The Coach responds with a Voxer message two minutes later. The Client and Coach exchange Voxer messages – with no more than three minutes elapsing between messages – until 10:45:00. At 11:15:00, the Client sends a 45-second Voxer message to the Coach, who responds with a 1-minute, 15-second Voxer message sent at 11:17:45. The Coach later logs two separate conversations of:
- 35 minutes (continual conversation from 10:10:00 to 10:45:00) and
- 3 minutes (continual conversation from 11:15:00 to 11:17:45).
7.5b Checking the Minute Bank and Reporting Comparable Time Spent
A Coach should always check their Client’s Minute Bank Balance before the time of a Scheduled Conversation; this is because Coach’s time with the Client must be reported within 24-hours of the conversation, and if the Client’s balance is not sufficiently funded, then Coach runs the risk of not being able to report within 24 hours and not getting paid for the time spent.
If Coach checks Client’s Minute Bank Balance prior to the conversation and finds that the Client’s Balance is low, Coach can remind Client to fill it up before the Scheduled Conversation begins. This gives the Coach and Client the confidence that the conversation will be reported on time and paid.
Coaches should also check a Client’s Minute Bank Balance before responding to Unscheduled Conversations. If the Client’s Balance is low, Coaches are encouraged to provide a 5-minute grace period in which they first respond to the content of a Client’s message and then, remind them to refill their Minute Bank before continuing the Conversation. For example, a Coach should respond to the message and end by saying, “I would like to go deeper into this conversation with you, so please let me know once you’ve refilled your Minute Bank.”
Failing to check a Client’s Minute Bank Balance could result in non-payment for the full or partial amount of the Coach’s time spent in that Scheduled or Unscheduled Conversation.
If a Coach and Client communicate via voice communication other than live voice-to-voice conversations, Coaches should only log time against a Client’s Minute Bank comparable to the time that would be spent in a live, voice-to-voice conversation. In other words, any time gaps between messages should be reduced to reflect a normal flow of conversation.
7.6 Monetary Concerns
Money discussions must always be between a Client and the Website Administrator of the Website, not directly with their Coach. The exception to this rule is if a Coach is also a Website Administrator. The Website is currently configured so that a Coach can see how much time a Client has left with a Coach in minutes and/or hours, but it is not configured to share information with a Coach about a Client’s monetary balance in dollar amounts (or other currency). This financial information is confidential to the Client unless a Client voluntarily provides this information to a Coach.
While Coaches and their Clients may not discuss payments or financial amounts directly, a Coach may be expected to remind their Client of how much time, how many minutes, or how many hours the Client has remaining in their Balance. A Coach can see the Balance of a Client on the website through their Coach account.
Although money may not be directly discussed between Clients and Coaches, it is important to provide here an understanding of how financial transactions work on the Website.
Here is an explanation of how financial transactions are managed on the Website. In the background, the Website calculates the remaining time that a Client has with a Coach by using the total monetary value in a Client’s account and dividing it by the Rate Per Minute that appears on the published Coach’s profile page. Currency exchange rate calculations may also be involved in the calculation if either party is not using USD currency. The method of these calculations is not provided to a Client or a Coach. The amount of time available for a Client and a Coach will change as currency rates change and as a Client’s Balance changes.
A Client’s Balance changes whenever a new purchase is made, whenever time is reported by another Coach, or when an Adjustment or Bonus is made to a Client’s account. A Coach may request from Website Administrator to apply a Client Bonus (a reward, incentive, or gesture of gratitude) or Adjustment (correction) at any time.
7.7 Ownership of Coach Choice and All Resultant Decisions
A Client acknowledges that while the Company exists to provide Clients with a selection of Coaches that may provide desired Services, the Company in no way endorses any of the claims made by a Coach unless explicitly stated otherwise by the Company. It is, therefore, the responsibility of a Client to verify any information about a Coach that a Client deems necessary. A Client excludes the Company from all liability regarding any false claims, omissions, or actions of a Coach and agrees to pursue individual Coaches for any legal remedy due to such behavior by a Coach.
All Services are designed to help a Client think through what is right for them. From time to time, a Coach may make suggestions to a Client, but the Client acknowledges that they take full responsibility for the consequences of the decisions and actions taken after such conversations with their Coach. A Client accepts all responsibility and places no liability whatsoever on the Company for any losses of any kind that happen as a result of the Client’s decisions and actions in light of a conversation with a Coach.
A Client agrees that desired change is unlikely to materialize without regularly scheduled conversations taking place on a daily, weekly, monthly, or some other recurring basis.
A Client understands that calling a Coach’s mobile or cell number may be classed as an international call by the Client’s telephone service provider and charged accordingly. It is the responsibility of the Client to determine or ask the location of the Coach and investigate the relevant charges before the call. A Client agrees to pay for every call, no matter the expense involved and/or the quality of the reception. If, for any reason, the quality of the phone call is not considered adequate by either a Client or Coach, it is recommended that they reschedule or try a different device or format of communication.
A Client has the right to dispute any reported Minute Bank entry within 72 hours of a Coach reporting a conversation (which a Coach is required to do within 24 hours of a conversation). If more than 72 hours have lapsed for any reason whatsoever, a Client forfeits the right to dispute a discrepancy. Refunds, Bonuses, and Adjustments remain solely at the discretion of the Company.
There may be times when the server is down or the Website is undergoing maintenance and the Website or specific features might be unavailable to Coaches and Clients. During these times, any Client wishing to report a dispute is responsible for doing so in as timely a manner as possible, checking the Website availability at least once per 24 hours to file their dispute.
The Company will acknowledge reception of your dispute claim within 24 hours except in the case of power outages, natural disasters, medical emergencies, and other reasonably unforeseen events.
A Client acknowledges that a Coach has a contract directly with the Company. If a Coach violates this contract by entering into any direct agreements with a Client outside of their 24:7 Friend contract, a Coach has broken a legally binding contract, has damaged their integrity, and agrees to pay a referral fee for the losses incurred to the Company and its Coaches (refer to Non-Solicitation and Non-Competition Agreement section below for more detail). A Client is obligated to advise the Company if they suspect any suspected breach of contract and obligations.
If a Client has concerns with how a Coach is using their time during billable conversations, the Client agrees to contact the Company to advise the Company of this concern and/or Client agrees to change Coaches. The Company’s decision to provide Clients with the choice and flexibility of multiple Coaches is designed to assist with any such concerns. Client acknowledges that they will not hold the Company financially responsible for any dissatisfaction with a Coach outside of the above-mentioned 30-day guarantee safeguard.
Everyone can experience varying symptoms of mental illness at one time or another and yet not have a formal, clinical diagnosis. It is the responsibility of Coaches and Clients to be aware of this and to act appropriately. For example, Clients who either continue to mention signs or symptoms consistent with a mental illness, or in whom these signs and symptoms are observed by a Coach, may, in the first instance, be asked if they would like a referral to a more suitable medical professional who can assist further. If this referral is refused or not acted on, and the signs and symptoms increase in severity, a Coach may determine it necessary to seek further advice from a medical professional and take appropriate action. This may include a referral to a primary care physician or a mental health professional. Any Client who expresses thoughts and/or plans to harm themselves or others in any way will be treated as a medical emergency. All Clients and Coaches agree to this preventative, proactive approach.
If you are in a crisis or if you or any other person may be in danger, do not use the Website or any of the Company’s Services. Instead, call 1-800-273-TALK (24-hour suicide prevention hotline) or your relevant emergency service. The Company is not the right solution for you if any of the following are true:
- You have thoughts of hurting yourself or others.
- You are legally considered a minor or you are under the care of a legal guardian.
- You are in an urgent crisis or an emergency situation.
- You have been diagnosed with a severe mental illness or advised to be under psychological supervision or psychiatric care.
- You were required to undergo therapy or counseling either by court order or by any other legal authority.
7.9 Non-Solicitation and Non-Competition Agreement
Coaches and Clients agree to non-solicitation during the period of these Terms and also for a period of twelve (12) months after expiration or termination of these Terms. Clients agree not to solicit, recruit, engage, or otherwise employ or retain, on a full-time, part-time, consulting, work-for-hire, or any other kind of basis, a Coach (including former Coaches or Company employees), whether or not either of the parties involved have been assigned to perform tasks under these Terms. In the event of such employment, consultation, or work-for-hire, Clients agree that the Company shall be entitled to an agency commission or referral fee to be the greater of either (1i) 25% percent of the Coach’s salary or contract with a Client over the subsequent three years, or (2ii) 25% percent of fees paid to the Coach by Client as an independent contractor totaling an amount equivalent to a period of three years of fees. In the event of the former (1i), payment of the commission will be due within 30 days of the employment starting date. In the event of the latter (2ii), payment will be due at the end of any month during which the independent contractor performed services for the Client. The Company, in the event of non-payment and in connection with this section, shall be entitled to seek all remedies available under the law and equity.
During the period of these Terms and also for a period of twelve (12) months after expiration or termination of these Terms, Coaches agree not to start, operate, or work for another online Coaching network platform that resembles the Company’s. If a Coach is found to be developing, working for, or operating a site similar to the Company’s in the aforementioned timeframe, then the Company has the right to request a legal cease and desist order along with damages it incurs and all legal fees spent as a result of a User violating this Agreement.
This non-solicitation and non-competition agreement is put in place to protect the Company’s intellectual rights and efforts in building the Website and platform.
7.10 Coach Contact Attempts
The Website will generally rely on Clients scheduling a conversation with a Coach or Clients sending messages to begin an Unscheduled Conversation. Client acknowledges that Coach may contact Client at any time regarding the content of a conversation they have previously had or regarding any matter about their coaching relationship on the Website.
For any communications between a Coach and Client, a Coach will not overload a Client with attempts at communication, unless Client has invited Coach to do so. To protect Client from too many communication attempts from Coach, a Coach may contact a Client they have worked with up to 3 times before a Client responds. This applies to Clients who have left the Website, whose Minute Bank Balances have expired, or Clients who have simply been quiet or unresponsive.
If the Client does not respond after three attempts or if they respond by asking the Coach not to contact them, the Coach must not contact them again.
8. Coach Applicant Users
Until a Coach Applicant receives confirmation of their Coach status through both a congratulatory email and the presence of their online profile, a Coach Applicant is not yet considered a Coach of the Company. At any time during the application process, the Company has the right, without limitation, to reject and cancel any application, whether partially or fully completed.
Purchases by the general public (who are not yet Clients) include one year of services. Refunds of unused Balances are offered within 30 days of purchase, referred to as the 30-Day Happiness Guarantee. If no refund request has been received prior to the 30th day after purchase, the Purchaser has committed to the program and sealed their commitment and payment is non-refundable.
Whenever an existing Client makes a new purchase, money is deposited into their Minute Bank Balance, and the Website automatically extends the Client’s contract expiration date for a further one (1) year ahead. The 30-day Happiness Guarantee is an introductory offer to new Clients and so it applies only to first-time purchases, not to second or subsequent purchases made by existing Clients.
The 30-Day Happiness Guarantee is a refund of unused purchased minutes (purchased minutes are also referred to as “packages”). It is available in the case of an unsatisfied Client. This guarantee only applies to unused funds and is not applicable for minutes already reported by a Coach. The 30 (thirty) days begins, without any limitation, from the date of purchase, and this applies to the date of Gift Certificate purchases as well. In other words, both purchases and Gift Certificate purchases both have a 30-Day Happiness Guarantee that begins on date of purchase and ends on the 30th day afterwards. The 30-days does not begin once Gift Certificate is redeemed, but instead begins once Gift Certificate is purchased.
A contract cannot be canceled for a refund beyond the 30th day from the initial purchase.
To save time, a Purchaser has an option to securely store credit card information. This avoids the need to re-enter the information at the time of the next purchase.
9.1 Gift Certificate Purchasers
A Gift Certificate Purchaser is responsible for forwarding the How to redeem email instructions to their chosen gift recipient. A Gift Certificate Purchaser understands that the 30-Day Happiness Guarantee starts on the day of gift certificate purchase, whether the gift certificate is redeemed or not. This is intended to get Clients moving. Refunds of unused gift certificates will not be accepted.
When a Gift Certificate is redeemed, the purchased package amount is credited to the Client’s Minute Bank in the Client’s currency. If a Client redeemed a gift certificate from a currency that is not their own, then the amount of the redemption of the gift certificate depends on the currency conversion rate at the time and date that the gift certificate was purchased. Likewise, the Website will extend the contract expiration date for another year ahead automatically with reference to the time and date the gift certificate was purchased. The contract period for the Client is automatically updated.
To save time, a Gift Certificate Purchaser has an option to securely store credit card information. This avoids the need to re-enter the information at the time of the next purchase.
9.2 Special Offers and Discounts
The Website may offer unique pricing, incentives, or other discounts on services and products. To be valid, any offer must be either advertised on 247Friend.org or be communicated via an email either from Cyndi@247Friend.org or Admin@247Friend.org. Offers sent directly via email are not transferable to other persons.
All offers and discounts must be used within the time frame set by the Website to be valid.
10. Affiliate Program
The Company may offer an Affiliate Program to Users whereby an individual or legal entity can refer others to become a Client of the Company. Contact the Company for further information.
11. Payments And Finances
The Company aims to provide a convenient, relevant, and impactful platform to create life-change. To this end, the Company charges a 15% (fifteen percent) commission on the billable rate per minute of each Coach. A Client does not have to pay the Company beyond the Coach Rate per minute, as the commission is included as part of the rate per minute set by each Coach.
The Company collects all payments made by Clients. At the end of each monthly billing period, the Company pays each Coach according to their billable minutes minus the 15% commission (i.e., 85% of the total funds received from a Coach’s appointments).
All Users accept that this rate and any other fees and charges may at any time be changed, increased, and/or added, without limitation. The Company will communicate any such change, increase, or addition through its various communication channels. Users will accept these changes, without limitation, through their continued use of the Website and its Services.
The Company’s Website software might operate in USD (United States Dollars) on the backend, but Users are able to see the equivalent rate in AUD (Australian Dollars), CAD (Canadian Dollars), EUR (Euros), GBP (Great British Pounds), and NZD (New Zealand Dollars). The exchange rates for each currency into USD are determined by the Company. These rates are not live and do not fluctuate according to live international market changes. By proceeding with any payment, a User is accepting the exchange rates determined by the Company. It is therefore recommended that all Users who are using a currency that is not USD confirm the Company’s exchange rate before proceeding. No refunds will be provided on the basis of exchange rate disputes.
The Company uses third parties to process payments made by Clients and Purchasers. By providing personal and financial details and/or proceeding with any payment, Users acknowledge and accept the terms of these third parties and the way in which the third parties act on behalf of the Company. It is important that Users understand the terms and conditions of these third parties, as the Company disclaims all liability regarding these terms and conditions.
Users accept that the Company takes no responsibility for any and all fees and charges applied by a User’s financial institution for any transaction related to the Company and disclaims all such liability.
All Users acknowledge, without limitation, that they are responsible for abiding by all relevant tax and financial laws in all relevant legal jurisdictions. It is recommended that all Users seek professional tax advice to confirm how payments to the Company may affect their particular financial situation, as the Company takes no responsibility for such requirements.
If you have any questions about these Terms, please contact 24:7 Friend at firstname.lastname@example.org.