Payment Terms of Service - Coach
Please read and accept the terms below to continue your registration.
Last Updated: May 5, 2020
1. Terms of Service
This application (the “CoachLink App” ) or is owned and operated by InertiaForce LLC (”CoachLink,” “COMPANY,” “we” or “us”). By using the CoachLink App, you agree to be bound by these Payment Terms of Service and to use the CoachLink App in accordance with these Payment Terms of Service.
These terms and conditions (“Payments Terms”) govern the Payment Services between you and students registered on the CoachLink App. You will handle any and all payments conducted through or in connection with the CoachLink App "Payment Services").
These Payment Terms constitute a binding legal agreement between you and CoachLink.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE COACHLINK APP OR PAYMENT SERVICES.
Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, “you” and “your” will refer and apply only to that company or other legal entity.
PLEASE NOTE THAT, AS STATED ABOVE, THE COACHLINK APP AND SERVICES ARE INTENDED TO BE USED TO FACILITATE COACHES AND STUDENTS CONNECTING AND BOOKING ONLINE COACHING SESSIONS DIRECTLY WITH EACH OTHER. COACHLINK CANNOT AND DOES NOT CONTROL THE METHODS, MATERIALS, ONLINE DELIVERY TOOLS AND ALL ASPECTS OF THE COACHING SESSION PERFORMED BY THE COACH. COACHLINK IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL COACHING SESSIONS. ACCORDINGLY, ANY PAYMENT SERVICES WILL BE MADE OR ACCEPTED AT THE COACHES OWN RISK.
CoachLink reserves the right, at its sole discretion, to modify or terminate the Payment Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payment Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Payments Terms. By continuing to use the Payment Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Payments Terms. If the modified Payments Terms are not acceptable to you, your only recourse is to cease using the CoachLink App.
3. Coaching Eligibility
The CoachLink App is intended solely for professional coaches who are 18 or older. Any use of the CoachLink App by anyone under 18 or not a professional coach is expressly prohibited. By using the CoachLink App you represent and warrant that you are a professional coach 18 or older.
4. Account Registration and Identity Verification
In order to use the CoachLink App, you must first register to create a CoachLink Coach Account and agree with the Terms of Service. You acknowledge, consent and agree that anyone you authorize to use your Coach Account may use the CoachLink App on your behalf and that you will be responsible for any payments made to such person.
You authorize CoachLink, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver’s license or passport), your date of birth, and other information requiring you to take steps to confirm ownership of your email address, business; or attempting to screen your information against third party databases. You further authorize CoachLink (or its affiliates) to request a consumer report on you or your business from a Consumer Reporting Agency. This consumer report will be requested and utilized in compliance with Application applicable law, included the Fair Credit Reporting Act. CoachLink reserves the right to close, suspend, or limit access to the CoachLink App in the event we are unable to obtain or verify any of this information.
5. Key Terms for Payment Services
"Coaching Per Minute Fee" - Coaching Per Minute Fee is the amount the coach is due and payable by a Student for confirmed video coaching session that has been performed by a Coach. The Coach alone, and not CoachLink, is responsible setting the Coaching Per Minute Fee.
"Service Fee" - Service Fee is the fee CoachLink charges the Coach when using CoachLink App. Current fees for coaches is 25% which will be deducted from the subtotal after the completion of a video coaching session.
“Tip” – Upon completing the payment, the Student is presented with the opportunity to add a tip for the coach. Coaches receive 100% of any tips received from the student minus payment processor transaction fees.
"Payment Method" - Payment Method is the service that a Student uses to purchase coaching sessions. Examples of payment methods are credit cards, debit cards, or PayPal.
"Wallet" - The Wallet is found in as a menu item in the app. All funds from all coaching sessions and tips less the CoachLink percentage and transaction fees are accumulated in your wallet.
6. General Relationship
CoachLink makes the Application available as an online venue where Coaches and Students connect with each other through video to take advantage of the Video Coaching Sessions. CoachLink is not involved in the dealing and contracting between Students and Coaches, or in the Coaches delivery of Coaching Services to Students. CoachLink has no control over and does not guarantee the quality, safety or legality of Coaching Services advertised, the truth or accuracy of listings, the qualifications, background, or abilities of Coaches, the ability of Coaches to deliver Coaching Services, the ability of Students to pay for Coaching Services, or that a Student or Coach can or will actually complete a transaction.
Performance of Coaching Sessions
Upon confirmation of the Coaching Services, time, and price by both the Student and the Coach, the Student agrees to purchase, and the Coach agrees to deliver, the Coach Services in accordance with the Terms of Service (collectively the "Coaching Contract"). You agree not to enter into any contractual provisions in conflict with the Terms of Service. The Student and Coach each covenants and agrees to act with good faith and fair dealing in performance of the Coaching Contract. Furthermore, the Student and Coach each acknowledges and agrees that the value, reputation, and goodwill of the CoachLink App depends on their performance of the foregoing covenants and agreements. The Student and the Coach therefore agree that CoachLink has the right to take such actions with respect to the Coaching Contract, including without limitation suspension, termination, or legal actions, as CoachLink in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Application.
7. Financial Terms for Students
Students must pay for any and all coaching sessions with the contracted Coach using the CoachLink App.
Third Party Payment Method Fees
When using the CoachLink App, there will be transaction fees that are charged to process the transaction. You are responsible for these fees. These fees are not under CoachLink's control, and CoachLink disclaims all liability in this regard. Whatever Payment Method the student uses may be subject to additional terms and conditions imposed by the applicable third-party payment provider. It is up to the user to review the terms and conditions before using a third party payment method.
Review the transaction fees here: Stripe Payment Processor Transaction Fees
Cancelled Coaching Session Requests
If a Coaching Session is cancelled by the Student due to poor connection or incompatible coaching style the Student may request a refund within 7 days of the transaction. CoachLink will review the refund request. If granted, CoachLink will issue the refund to the student through our STRIPE payment dashboard. Any and all reufnds will be deducted from your accumulated funds in your Wallet. Please contact us below if you feel the refund is in error or false claims are being made by the student.
Feedback and Ratings on Coaching
Upon completion of a coaching session, Students will be asked to leave a star rating for the Coach as well as a review. Leaving a star rating is not optional. However, reviews are up to the student. Students agree that if they leave a review it will not be used to artificially raise or lower a Coach's rating, commit fraud, spam, insult, harass, threaten, or enact intentional misuse.
You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Service, and agree not to take any actions that undermine the integrity of the feedback system.
Disputes with Coaches
In the event there is a disagreement with a Student, there are two phases to resolving the dispute.
Phase 1: Student/Coach Resolution – The Student and Coach should discuss and reach agreement on what services should be provided, and whether a refund should be issued. Any new terms that are agreed on by the Student and Coach should be submitted to CoachLink, for a written record.
Phase 2: CoachLink Dispute Judgment – If the Student and Coach cannot agree, then the dispute will be handled by CoachLink. CoachLink will review any evidence and submitted materials pertaining to the Dispute and make a final ruling.
8. Financial Terms for Coaches
You agree to CoachLink's Coach Terms of Service:
Accepting Coach Service Requests
Coaches will receive requests for Coaching Services ("Coaching Requests"). By accepting a Coaching Request, you agree to provide your Coaching Services in a timely manner. You can also choose to decline the request. If you do not respond, the student will be added to your Student Queue (accessible from the Application) where you can contact them at a later date or time for a coaching session.
Cancellations of Coaching Requests
If CoachLink decides for any reason that it is necessary or desirable to cancel a confirmed Coaching Services Request made via the Application and Services pursuant to CoachLink Terms of Service, you agree that CoachLink and the relevant Student will not have any liability for such cancellations or refunds.
CoachLink Service Fees
CoachLink collects a service fee when a Coaching Service ("Coaching Session") is confirmed by the Student. For each transaction on the Application, the commission is 25% of the subtotal cost of the Coaching Service ("Coaching Session "). Fees due to CoachLink are deducted upon transfer of funds from the payment processor.
CoachLink does not charge any fees for the Coach to register or create a listing for Coaching Services on CoachLink. To the extent any refunds are issued, service fees will be based on the amount that is not refunded back to the Student.
Circumvention of Service Fees
Coaches agree not to engage in any action or activity meant to circumvent the service fees. Prohibited practices include (but are not limited to) the following:
- Suggesting, soliciting, or accepting payment by other means outside the CoachLink Payment Service.
- Failing to report inaccurate or a final service price different than that agreed between Student and Coach.
9. Disbursement of Funds
Upon signing up for the CoachLink app, a Wallet will be created inside the app. This Wallet can be seen in the Menu tab. Your Wallet stores any and all funds that are due to you from your coaching sessions plus tips minus CoachLink fees and transaction fees.
Over time your funds from your coaching sessions coaching sessions plus tips minus CoachLink fees and transaction fees accumulate in this wallet. Once the amount of $50 is reached, you can then Withdraw these funds by clicking the "Withdraw" button.
Upon withdrawing funds, CoachLink will be notified and proceed to pay the total amount within your Wallet within 7 days. This amount will be sent to the business name and address your specified when signing up for the CoachLink app.
Pay Out Method
CoachLink offers you various choices on how you would like to be paid. We pay via check, paypal, and Zelle. This choice will be made after clicking the "Withdraw" button.
If CoachLink reasonably concludes, based on information available to CoachLink, that a Coach's actions may have resulted or will result in a significant number of disputes, refunds or other claims from users who purchased their Coaching Services, CoachLink reserves the right to terminate your account.
CoachLink's Rights Regarding Reimbursements
CoachLink reserves the right to seek reimbursement from a Coach if CoachLink, in its sole discretion, (a) provides a refund to a Student if the Coach cannot promptly deliver such refund, or (b) discover erroneous or duplicate transactions. The Coach authorizes CoachLink seek such reimbursement from the Coach by any lawful means.
Coaches understand and agree that they are solely responsible for determining their applicable Tax reporting requirements and obligations relating to applicable Taxes for their services. They are also solely responsible for remitting to the relevant authority any Taxes included or received. CoachLink cannot and does not offer Tax-related advice to any Coaches.
11. CoachLink's Rights Regarding User Accounts and Funds
Security and financial fraud
As a security measure, CoachLink may impose transaction limits on some or all Students and Coaches relating to the value of any transaction or the cumulative value of all transactions during a period of time, or the number of transactions per day or other period of time. We will impose these limits before any services are rendered if we determine it is necessary for security reasons or the prevention of fraud.
CoachLink reserves the right to void purchases if purchases are found to be fraudulent.
Reservation of Rights for Erroneous Transactions
CoachLink reserves the right to seek reimbursement from any Coach. The Coach will reimburse CoachLink if CoachLink discovers erroneous or duplicate transactions for the amount of such transaction from such Student. CoachLink may obtain such reimbursement by seeking reimbursement from such Coach by any lawful means.
Prohibition on Friendly Fraud
"Friendly Fraud" is when a person initiates a fraud dispute with a payment provider, claiming that their credit card (or other payment method) was not intended to be used. Because CoachLink does not offer refunds, users that disagree with the policy have tried to use friendly fraud to receive a refund.
This type of behavior is illegal and prohibited by all payment providers. CoachLink also strictly opposes friendly fraud. If friendly fraud is discovered, the student's account will be deactivated and the user will be noted as a financial security risk.
We strongly advise students to contact you or CoachLink customer service to resolve any financial disputes.
12. User Conduct
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Payment Services. In connection with your use of the Payment Services, you may not and you agree that you will not:
- Violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- Use the Payment Services for any commercial or other purposes that are not expressly permitted by these Terms;
- Use the Payment Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers, or photographs of others without their permission;
- Register any Payment Method with your CoachLink account that is not yours or you do not have authorization to use;
- Attempt to probe, scan, or test the vulnerability of any CoachLink system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by CoachLink or any other third party (including another user) to protect the Payment Services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Payment Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Payment Services;
- Advocate, encourage, or assist any third party in doing any of the foregoing.
CoachLink has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Payments Terms, CoachLink may take a range of actions against you, including but not limited to limiting access or terminating your CoachLink Account and any associated Payment Services, for a violation of these Payments Terms.
13. Enforcement of Terms of Service
We may suspend or terminate your Coach Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party. Without limiting CoachLink's other remedies, we will suspend or terminate your Coach Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service and the other written policies and procedures posted on the Application; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users or for CoachLink.
Once suspended or terminated, you may not continue to use the CoachLink service under a different Account or re-register under a new Account. This includes usage of any associated Payment Services. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If a Coach engages in actions or activities which circumvent the Application or otherwise reduces service fees owed CoachLink under the Terms of Service, that Coach will be liable to CoachLink for the service fees due, and may be subject to additional sanctions including, but not limited to, suspension or termination of CoachLink Account. CoachLink reserves the right to terminate any Coach for any reason, at its sole discretion and to refuse to provide registration to you in the future. When your account is canceled, you may no longer have access to data, messages, files and other material you keep on the Application.
IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT COACHLINK PROVIDES THE PAYMENT SERVICES “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COACHLINK EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. COACHLINK MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COACHLINK MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE COACHLINK SITE, COACHLINK APP, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOTWITHSTANDING COACHLINK EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
15. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF THE PAYMENT SERVICES REMAINS WITH YOU. IF YOU PERMIT OR AUTHORIZE ANOTHER PERSON TO USE YOUR COACHLINK ACCOUNT IN ANY WAY, YOU ARE RESPONSIBLE FOR THE ACTIONS TAKEN BY THAT PERSON. NEITHER COACHLINK NOR ANY OTHER PARTY INVOLVED IN PROVIDING PAYMENT SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PAYMENT SERVICES, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PAYMENT SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COACHLINK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold CoachLink and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Payment Services, or your violation of these Payments Terms.
17. Entire Agreement
Except as they may be supplemented by additional CoachLink policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms (and the terms below) constitute the entire and exclusive understanding and agreement between CoachLink and you regarding the Site, Application, Services, Content, and any Coaching Services Requests made via the Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between CoachLink and you regarding the Site, CoachLink App, Services, and Content.
You may not assign or transfer these Payments Terms, by operation of law or otherwise, without CoachLink’s prior written consent. Any attempt by you to assign or transfer these Payments Terms, without such consent, will be null and of no effect. CoachLink may assign or transfer these Payments Terms, at its sole discretion, without restriction. Subject to the foregoing, these Payments Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by CoachLink (i) via email (in each case to the address that you provide) or (ii) by posting to the CoachLink Site or via the CoachLink App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
20. Controlling Law and Jurisdiction
The Terms of Service are governed in all respects by the laws of Nevada without giving effect to any principle that may provide for the Application of the law of another jurisdiction. You agree that any claim or dispute you may have against CoachLink must be resolved by a court located in Nevada, or as described in the Arbitration Option paragraph below. You hereby submit to the personal jurisdiction of the courts located within Nevada for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to this Site or Application must be commenced within 30 days after it arises, or the cause of action is barred.
21. Dispute Resolution
If a dispute arises between you and CoachLink, our goal is to resolve such dispute quickly and cost effectively. You agree to first contact us directly to seek dispute assistance by going to Customer Service. You and CoachLink agree to resolve any claim or controversy at law or equity that arises between us out of this Agreement or the CoachLink Services (a "Claim") with Dispute Resolution.
For any claim arising between you and CoachLink (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than 5,000USD, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled "Disputes Resolution," CoachLink will be entitled to recover attorneys' fees and costs up to 10,000USD, provided that CoachLink has notified you in accordance with the Terms of Service of the improperly filed claim, and you have failed to promptly withdraw the claim.
The failure of CoachLink to enforce any right or provision of these Payments Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CoachLink. Except as expressly set forth in these Payments Terms, the exercise by either party of any of its remedies under these Payments Terms will be without prejudice to its other remedies under these Payments Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Payments Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Payments Terms will remain in full force and effect.
Contacting Customer Service
If you wish to report a violation of Site, Application or Service Policies, have any questions or need assistance, please contact CoachLink Customer Service as follows:
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