Terms and Conditions of This Website, Our Services, and Privacy Policy
Last updated: 24 June 2024 1:10 PM AEDT
Contents
Part C. What do You agree to be responsible for regarding your conversations with a Friend?
Part D. What does each Friend agree to be responsible for regarding appointments with Clients?
Part E. What does each Friend agree to be responsible for in relationship to The Brand?
Part F. What do you get when you make a purchase?
Part A. Definitions
Section A.1 What and who is “Best Kinda Friend”?
(a) It’s the name of a brand owned by Convosique Pty Ltd., legally formed in Queensland Australia and serving clients and customers online around the world. "Best Kinda Friend" and "Boundaries Health Check" are both brands owned by Convosique Pty Ltd. Many of "Boundaries Health Check" Services are performed by Best Kinda Friend, and the entirety of those Services are covered by the Terms and Conditions described here below.
(b) On this page and in this Agreement, we refer to “Best Kinda Friend” as “The Brand”.
Section A.2 Who does “You” or “Your” refer to in this Agreement?
(a) “You” or “Your” with a capital “Y” includes every person or entity who reads this Agreement or uses this website for any reason, including as a client, website visitor, customer, contractor, subcontractor, or any number of other purposes or reasons.
Section A.3 What does this “Website” with a capital “W” refer to?
(a) This “Website” refers to the domain www.BestKindaFriend.com.
Section A.4 What does this Agreement or This Agreement refer to?
(a) “This Agreement” or “Agreement” with a capital letter “A” refers to all ideas, terms, content of all kinds, and words on this webpage. This “Agreement,” includes everything from the top of this webpage to the end of it.
Section A.5 Who are “Friends” or who is a “Friend” with a capital “F”?
(a) In This Agreement, “Friend” and “Friends” with a capital “F” are words that refer to anyone with whom You can make a booking or schedule a conversation through the Website. Friend or Friends is simply a short and fun way of referring to anyone who serves as a coach through “Best Kinda Friend”.
(b) The Brand may call a person a "Friend" only after The Brand has collected all of the information they need and after the person's information has been published to the Website.
(c) When a person no longer fulfils their obligations to The Brand as a "Friend", they no longer receive that title.
Section A.6 What are The Brand’s products and services?
(a) “Services” include but are not limited to one-on-one professional coaching conversations, which may include conversations with fully qualified or certified coaches who You choose. Conversations may include prepaid live conversations that occur through live calls (whether video or audio), voice messages back and forth (calculated by recorded length of time), or text and email message exchange via any form of text or email communication (calculated by average words read per minute). Conversations may also be referred to as "calls" or "sessions" or "coaching conversations" or similar.
(b) The Brand might decide to also provide a way for You to hire coaches who are still in training for a lesser price, and if so, then it will be stated on the Website near their video or in their published professional information that they are in training.
(c) “Products” include any item, digital or physical, which may be sold on the Website or by The Brand.
Section A.7 What does The Brand’s services include?
(a) Services consist of professional coaching techniques and skills performed over confidential conversations.
(b) For additional details, read the Frequently Asked Questions (“FAQ”) on the Website.
Part B. This Agreement
Section B.1 What are You agreeing to?
(a) Whenever You use this Website or pay for any Services or Products from The Brand, You fully, unconditionally, and irrevocably agree to all terms and conditions described in this Agreement without exception, as permitted by Governing Law (as defined in this Agreement). Yes, that is a risk for You, and you fully accept that risk when you use this Website or pay for any Services or Products. You agree not to contest, dispute, or redefine the content of this Agreement, regardless of any category of current or future unforeseen events, emergencies, or extraordinary occurrences.
Section B.2 Who do You agree is responsible?
(a) By using this website or The Brand’s Services, You agree to be patient, forgiving, and gracious with The Brand as it continues to grow and change its business. You understand that our Services are run by humans, and while we wish we could do everything perfectly and make everyone happy 100% of the time, You understand that it’s likely for businesses to have oversights or misunderstandings of any kind, and by using this Website or purchasing Services or Products, You agree to overlook and understand this if or when issues of any kind arise.
(b) The Brand relies on third-party vendors such as internet service providers and third-party apps such as Telegram or other communication apps, booking apps such as Calendly, and others. Because of that, The Brand may suffer from those third-party oversights, errors, or misunderstandings. You may experience those oversights, errors, or misunderstandings directly or indirectly, and you agree and guarantee that you will not hold The Brand responsible in any way, shape, for form whatsoever, whether past, present, or in the future.
(c) You agree to take 100% full ownership and responsibility over Your decisions and actions when using this Website or using The Brand’s Services or Products.
(d) This Agreement covers additional legal terms and conditions in other sections such as "Limitation of Liability" and "Indemnification".
Part C. What do You agree to be responsible for regarding your conversations with a Friend?
Section C.1 Your honesty is the key to Your progress.
(a) During conversations with Your Friend, you agree to answer questions honestly and bravely to the best of Your ability. This is for the sake of you seeing the best results.
(b) Apart from basic logistical questions (such as scheduling, verifying audio or sound clarity, or overall session details), the kinds of questions that Friends ask you should feel positive, helpful, or insightful, and it is your responsibility to tell your Friend immediately when either your Friend's questions or the conversation topics do not feel right or they do not suit you or your needs.
Section C.2 The purpose of every conversation.
You agree that the purpose of every conversation is to identify what you need or want the most right now from your life and then to help you design a motivated next step for you to take. This may mean that you design either a long-term goal or a short-term goal.
Section C.3. Coaching challenges or next steps of action.
Every conversation ends with a next step of action that You are committed to, now matter how big or small. However, if You are unsure of a next step of action, You give Your Friend permission to propose coaching challenges for you to consider, which You can either reject or accept. Challenges and actions are meant to help You either get further clarity or move closer toward Your goal.
Section C.4 Consistently moving forward.
You understand that every conversation with Your Friend is intended to be forward-moving toward discovering what is your current goal, and then designing a motivated action you can take toward that goal. You can change your goal as needed, but Your Friend will keep you accountable to your current goal from beginning to end of each conversation.
(a) This means that Your Friend does not:
(i) act as a counsellor, therapist, or psychologist,
(ii) diagnose mental health issues,
(ii) dwell on topics that cause You negative or painful emotions,
(iii) hang out in person,
(iv) engage in unnecessary small talk,
(v) talk about their own life or problems or feelings, except for situations where personal examples may serve to illustrate something that assists You getting clarity or taking action.
Section C.5 Preparation for each conversation.
Ahead of each conversation, You will plan and prepare for the following:
(a) You will plan to talk or communicate in a physical space or room where You feel safe, comfortable, and uninterrupted.
(b) If it's a phone call or a live conversation, you will initiate the call (the Friend will not call you, unless Friend makes an exception to this rule). If it's a Zoom conference link or other link that is sent to both parties, then no one calls the other first, but you simply click the link to join.
(c) You will have a secondary internet or telephone option as a backup plan in case Your internet fails. If Your internet connection is cutting in and out or is not available, You might choose to use Your regular telephone number to call Your Friend or You will use another connection technology. For example, You might normally use Your mobile phone carrier’s data plan to join a Zoom conversation with Your Friend, but if that fails, You will have a backup plan for Your scheduled conversation, such as a local WiFi connection, satellite, or You may decide to use a regular telephone call as Your backup plan.
(i) You will communicate Your backup plan to Your Friend so that they are prepared and can agree to accept a telephone call if or when required.
(ii) Technical connection issues are fairly common these days, so it's important to have a backup connection plan. The time lost due to technical connection issues will not be refunded, and that is why we encourage You to have a backup plan that you agree to with your Friend.
(iii) If connection issues persist beyond 15 minutes of the live conversation, then either party may reschedule the conversation once at no extra cost to You. In this single event of rescheduling (due to technical issues lasting beyond 15 minutes), Friend will agree with you to a new live conversation at no extra cost to You. However, if rescheduling for this reason happens more then once for You with a particular Friend in a 31-day (thirty-one day) period of time, the second time this occurs in that time 31-day time frame, then either party may cancel the live voice or video call after 15 minutes of continued technical issues, and Friend will continue the conversation via a text-only chat back and forth if necessary and not schedule again until both parties have setup a reliable backup plan. A back and forth text-chat (due to an unstable connection) counts as fully paid time as normal, as long as it continues for same length of time as the scheduled booking.
Section C.6 How payments work.
Payments are non-refundable and non-transferrable.
(a) Pre-paid conversations, prepaid time, and prepaid scheduled appointments are non-refundable.
(b) Pre-paid refers to any completed purchase of a product or service from The Brand or delivered by a Friend.
(c) This policy intends to help You respect Your commitment to Your appointments, respect Your Friend’s limited time, help You stay conscious of Your goals, and to keep You moving forward.
(d) If You feel little or no professional personality chemistry with Your Friend, we encourage You to persevere and complete Your scheduled conversation so that You do not lose Your prepaid time. However, if You feel it is good for You, then You may choose to end the conversation early, but Your remaining prepaid time will not transfer to another conversation or to another Friend.
(e) If the conversation with Your Friend goes so well that You achieve everything You need before the conversation's scheduled end time and you have prepaid time remaining, then we encourage You to use the rest of the time to talk about Your next step (next short term goal) or talk about another subject that You feel good about. If You wish to leave the call early because You don't have more to say and there are still a number of minutes left, then the remaining prepaid time will not transfer to another conversation or to another Friend. The exception to this rule is if Your Friend agrees, at their own discretion, to give You extra time for free at a future date at their own personal expense.
Section C.7 Showing up on time.
Time is The Brand's greatest value, and so we hold You and Friends both accountable to show up at the time that You scheduled, not any later.
(a) Your Friend has other appointments beside Yours, and so for each minute of Your lateness, You agree to lose that minute of Your paid time. For example, if You have a 30-minute prepaid appointment, but You arrive ten (10) minutes late, then You understand that You will lose those ten (10) minutes of Your prepaid time.
(b) If either You or Your Friend do not show up to a scheduled appointment within fifteen (15) minutes of the scheduled start time, then the appointment is deemed cancelled or rescheduled. You and Your Friend agree as follows:
(i) If your Friend does not show up within fifteen (15) minutes, then You can reschedule the conversation, and your Friend agrees to owe you double the amount of minutes you lost (the "double time"), at no further cost to You. The double time can only be provided by the Friend who did not show up; it cannot be provided by another Friend on the Website. The only exception to the "double time" rule is if the Friend can provide valid documentation of a medical emergency to The Brand, and if that is deemed valid, then You agree that your Friend does not owe you double the amount of minutes for that conversation.
(ii) If You do not show up within 15 minutes of a scheduled start time, then the scheduled conversation is canceled, and you lose the entire amount that You paid for the conversation. For example, if your scheduled time is 2:00 pm, but you have not joined the call at 2:15 pm, then you lose the entire amount for that call. In this example, joining the call anytime from 2:16 pm or later is deemed a cancelation. The only exception to this rule is if You can provide valid documentation of a medical emergency to The Brand, and if that is deemed valid, then You may request a rescheduling link from your Friend so you can book for the same time at no further cost to you.
Section C.8 Rescheduling.
You will keep scheduled appointments, and You will only reschedule if there is a medical emergency or other provable and legitimate urgency that is fully out of Your control.
(a) If You either reschedule or cancel a scheduled appointment more than once in a one-month time frame, You understand you may lose the full value of your prepaid conversation and Your Friend may decline your appointments until Your schedule or situation allows You to consistently show up.
(b) For any exceptions to this rule, You may submit documentation to The Brand as proof or evidence of a medical emergency or natural disaster, or other emergency in order for consideration of a possible refund.
Section C.9 Your own costs.
(a) You understand that You are responsible for Your own costs used for conversations such as internet charges, charges from third party apps that You use to communicate with Your Friend, and/or any mobile phone operator charges used during the conversation.
(b) During Your conversations with Your Friend, you will design actions that may help you move forward in life or goals. You are 100% responsible for any and all costs associated with any and all such actions.
Section C.10 Your relationship to The Brand.
(a) When You purchase a service through The Brand, such as paying for a conversation whether through a third-party booking form or through the Website directly, Your relationship to The Brand falls under the category of “Client and Contractor”, with The Brand as Contractor and You as Client.
(b) When You purchase a product through The Brand, such as purchasing a product either directly through the Website or through a third-party website such as (but not limited to) Amazon.com, Your relationship to The Brand falls under the category of “Customer”.
(c) Since The Brand sells services that focus on You using professional coaching tools and techniques, You are not considered a “Friend” or “friend”; rather, You are referred to as a Client.
(i) You have no obligation or expectation to act as a “friend” according to its general definition. Also, you are not a “Friend” with a capital “F” as defined in this Agreement, unless you and the Brand have both formally agreed to a contractor and subcontractor relationship in writing.
Part D. What does each Friend agree to be responsible for specifically regarding their conversations with Clients?
Section D.1 Showing up on time.
Time is The Brand's greatest value, and so we hold Clients and Friends accountable to show up at the scheduled time, not any later.
(a) As a Friend, you will read and understand Client’s commitments as described in this Agreement, so that you can refer Client back to them as reminders when needed.
(b) If Friend does not show up to a scheduled appointment within fifteen (15) minutes of the scheduled start time, then the appointment is deemed cancelled or rescheduled. In that case, Friend agrees as follows:
(i) Client can reschedule the conversation, and Friend agrees to owe Client double the amount of minutes that Client lost due to the missed appointment (the "double time"), at no further cost to Client. The double time can only be provided by the Friend who did not show up; it cannot be provided by another Friend on the Website.
For example, if the scheduled time for a 30-minute call is 2:00 pm, but Friend does not join the call at or before 2:15 pm, then Client can cancel the call and Friend agrees to give Client a total of 60 minutes (double time) for free at Friend’s own expense. In this example, joining the call anytime from 2:16 pm or later is deemed a cancelation, unless the Client agrees otherwise in writing. The only exception to the "double time" rule is if the Friend can provide valid documentation of a medical emergency to The Brand, and if that is deemed valid, then Friend does not owe double the amount of minutes for that conversation.
(ii) If Client does not show up within 15 minutes of a scheduled start time, then the scheduled conversation is canceled, and Client loses the entire amount that Client paid for the conversation.
For example, if the scheduled time is 2:00 pm, but Client has not joined the call at 2:15 pm, then Client loses the entire amount pre-paid for that call. In this example, joining the call anytime from 2:16 pm or later is deemed a cancelation. The only exception to this rule is if Client can provide valid documentation of a medical emergency directly to The Brand (not to the Friend), and if that is deemed valid, then Client may request a rescheduling link from the Friend to book for the same amount of time at no cost to The Client, and Friend agrees not to accept any payment for that time lost due to medical emergency.
Section D.2 Rescheduling.
Friend will keep scheduled appointments and will only reschedule if there is a medical emergency or other provable and legitimate urgency that is fully out of Friend’s control.
(a) If Friend either reschedule or cancel a scheduled appointment more than once in a one-month time frame, Friend understands that Friend may lose Friend’s share of the prepaid conversation and Friend agrees to decline any new appointments until Friend’s schedule or situation allows Friend to consistently show up.
(b) For any exceptions to this rule, Friend may submit documentation to The Brand as proof or evidence of a medical emergency or natural disaster, or other emergency in order for consideration.
Section D.3 Friend’s costs.
(a) Friends agree to work with the Brand as subcontractors and therefore understand that each Friend is responsible for their own costs for conversations such as internet charges, charges from third party apps used to communicate with Clients, and/or any mobile phone operator charges used during conversations.
(b) During conversations with Client, Friend will help Client design actions that intend to help Client move forward in life or goals, and all payments are made through The Brand. Friend will refuse to accept any money or fees or costs or benefits directly from Client for any reason whatsoever at any time.
Section D.4 Ethical and professional commitment.
Friend agrees to honesty and direct communication with Client to ensure full agreement about all aspects of the professional relationship such as sticking to the time booked by Client, sticking to the goals and conversation topics that Client decides, and keeping Client’s information strictly confidential.
(a) After conversations, Friend will check in with Client on Client’s progress and Client’s wishes regarding follow up and accountability.
(b) Friend will ask basic logistical questions such as scheduling, verifying audio or sound clarity, or overall session details such as Client’s goal for today’s conversation. Friend will also check in with Client to confirm that Client finds Friend’s questions to feel positive, helpful, forward-moving, and/or insightful.
(c) If a Friend deems themself incapable of believing in a Client’s ability to achieve their goals or feels incapable of supporting their goals, then Friend will discontinue accepting new bookings with that Client, will complete the currently promised or pre-paid bookings with Client, and Friend will notify Client of their unsuitability to serve as their Friend.
(d) Friend’s confidentiality includes keeping any related notes password-protected at all times or if on paper then locked with a key or padlock equivalent. At any time that Client requests it, Friend agrees to permanently delete or safely dispose of any notes.
Section D.5 Goal of every conversation.
Friend agrees that the purpose of every conversation is to identify what Client needs or wants the most from Client’s life right now from and then to help Client design a motivated next step that aligns with the motivators or values of the Client. This involves designing either a long-term goal or a short-term goal and then holding Client accountable to that goal throughout the entire length of the Services.
Friend leads the conversation with questions, but Client leads the content and topics.
Section D.6 Challenge or next step of action.
Friend helps Client come up with a next step of action in every conversation. Sometimes, that action might be a coaching challenge proposed by the Coach. Friend will only propose a challenge if Client believes that it will move Client toward Client’s current goal. Client may reject or accept. These challenges will fall 100% within the concept of professional personal coaching challenges or actions such as brainstorms, vision boards for specific goals, or the challenge or action will align with any other professional coaching skills or techniques acknowledged by the International Coach Federation or contained in the book The Science of Personal Coaching by Cyndi McCoy.
Section D.7 Forward-moving.
Every conversation will be forward-moving toward either:
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getting clarity on Client’s most desired goal, and then helping Client to design their next step of action to bring Client closer to that goal, or
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getting clarity and then taking action on any obstacles that may temporarily derail Client's progress toward their goal.
(a) A Friend will not:
(i) act as a counsellor, therapist, or psychologist, (ii) diagnose mental health issues,
(ii) dwell on topics that cause Client negative or painful emotions,
(iii) hang out in person,
(iv) engage in unnecessary small talk,
(v) talk about their own life or problems or feelings, except for situations where personal examples may serve to illustrate something that assists Client in getting clarity or taking action.
Section D.8 Preparation before a conversation.
Ahead of each conversation - whether scheduled or unscheduled, Friend will ensure:
(a) A physical space or room where there are no other people in the same room, except if Friend is wearing headphones and others are far enough away from Friend’s device that they cannot see what Friend is writing or typing.
(b) If it's a phone call or a live conversation, Friend will not initiate the call; Client is expected to call first if it is a live phone call. If it's a Zoom conference link or other link that is sent to both parties, then no one calls the other first, but both parties simply click the link to join.
(c) Friend will have a secondary internet or telephone option as a backup plan in case internet or other form of connection fails. If Friend’s internet connection is cutting in and out or is not available, Friend might choose to use a regular telephone number or will use another connection technology. For example, You might normally use Your mobile phone carrier’s data plan to join a Zoom conversation, but if that fails, Friend agrees to have a backup plan for all scheduled conversations, such as a local WiFi connection, satellite, or other backup plan.
(i) Friend will communicate Friend’s backup plan to Client so that Client is prepared and can agree to accept a telephone call if or when required and consider additional expenses incurred, if any.
(ii) Technical connection issues are fairly common these days, so it's important to have a backup connection plan. The time lost due to technical connection issues will not be refunded, and that is why Friends agree to provide a backup plan ahead of time.
(iii) If connection issues persist beyond 15 minutes of the live conversation, then either party (Friend or Client) may decide to reschedule the conversation once at no extra cost to Client. In this single event of rescheduling (due to technical issues lasting beyond 15 minutes), Friend agrees to one new live conversation scheduled at a new time and date at no extra cost to Client. However, if rescheduling for technical reasons happens more then once with the same Client within a 31-day (thirty-one day) period of time, then the second time this occurs in that time 31-day time frame, then either party may cancel the live voice or video call after 15 minutes of continued technical issues, and Friend will continue the conversation via a text-only chat back and forth via text or email and not schedule again until both parties have setup a reliable backup plan. After two failed conversation due to technical issues, a back and forth text-only chat (due to an unstable connection) counts as fully paid time as normal, as long as it continues for same length of time as the scheduled booking.
Section D.9 Understand payments.
(a) Pre-paid conversations, prepaid time, and prepaid scheduled appointments are non-refundable for Clients, but Friend is not guaranteed Friend’s share of the payment if Friend’s commitments to Client and the Brand are not fulfilled; an example is if a Client books and pre-pays for Friend’s time, but Friend does not show up to the schedule conversation, that constitutes Friend failing to fulfil their commitment to the Brand or to their Client. All obligations to The Brand and Clients are contained in this Agreement. If Client complains about a Friend’s non-attendance or lateness to a conversation, then Friend understands the cost of reputation damage to The Brand and agrees to forfeit payment for the number of minutes that Friend either failed to show up or number of minutes that Friend arrived late.
(b) Pre-paid refers to any completed purchase of a product or service from The Brand or delivered by a Friend.
(c) This policy intends to help Friends respect their commitment to Client, respect Client’s limited time, help Client stay conscious of Client’s goals, and to keep Client moving forward.
(d) If Friend feels little or no professional personality chemistry with Client, Friend agrees to give the Client a reasonable chance by persevering and completing the scheduled conversation so that Client does not lose Client’s prepaid time and so that Friend can more reasonably determine chemistry. When Client chooses to end the conversation early, Client’s remaining prepaid time will not transfer to another conversation or another Friend.
(e) If the conversation with Client goes so well that Client achieves everything intended before the conversation's scheduled end time and there is prepaid time remaining, then at Friend’s discretion, Friend may either:
(i) use the rest of the time to talk about Client’s next step (next short term goal) or another subject that Client feels good about, or
(ii) end the call early and, at Friend’s own personal loss or Friend’s own personal cost, add that remaining number of minutes for free to the end of the next scheduled conversation (i.e., if next conversation is booked for 30 minutes, then add the new number of minutes as additional minutes to the end of that 30 minutes) if Client agrees, or
(iii) advise the Client that the remaining prepaid time will not transfer to another conversation or to another Friend and that remaining time does not transfer to a future conversation.
Part E. What does each Friend agree to be responsible for in relationship to The Brand?
Section E.1 Definitions:
(a) Clients: Individuals or entities who use or purchase the services and products provided by Friends through The Brand.
(b) Assets: Resources provided by The Brand, including but not limited to emails, website, logos, and other intellectual property.
(c) Standards and Guidelines: All rules and expectations that are published on this Website and/or shared via email direction from The Brand, and these rules and expectations guide each Friend's professional practices and behaviors.
(d) Media: Photos, videos, writing, webpages on or off The Website, images of any format, or other forms of media that contains information or visuals of or about a Friend.
Section E.2 Each Friend agrees to perform services and sell products through The Brand as a subcontractor, not employee.
(a) Each Friend agrees to provide services and sell products in accordance with all ethics, policies, standards and guidelines established by The Brand.
(b) Guidelines to be shared by The Brand include, but are not limited to, the appropriate use of The Brand's assets—such as emails, website, logos, images, videos, website layout and content, and intellectual property; when it comes to taking action of any kind in relationship to those assets, each Friend will not proceed without written and direct approval from The Brand.
(c) Even though a Friend may not have a current membership with the International Coach Federation, Friends agree to adhere to professional practices and ethical behaviors expected of a coaching professional, according to international Coach Federation as described on their website: https://coachingfederation.org/ethics/code-of-ethics
(d) Friends agree to be solely responsible for the quality, accuracy, and timeliness of the services they provide and the products they sell. Friends understand that their relationship with The Brand can end at any time if they fail to fulfill expectations as described in this Agreement.
(e) Friends agree that any media (photos, videos, writing, or other media) they provide to The Brand becomes the full property of The Brand and can be used according to The Brand’s discretion, even after the termination of this Agreement for any reason whatsoever.
Section E.3 The Brand acts as an agent through which each Friend can connect with people and entities who wish to use the Services.
(a) Friend, as subcontractor, assumes all liability with Clients they work with; in other words, the Brand facilitates the connection between Friends and Clients but does not assume responsibility for actions or omissions of Friends.
(b) Friend acknowledges that The Brand is not liable for any disputes arising between Friends and Clients, and Friends agree to resolve any such disputes independently with Clients.
(c) Friend acknowledges that The Brand will act as each Friend's authorized agent, exercising full control over the visual design, text content, booking forms, and follow-up processes throughout the entire booking process to ensure a fully consistent experience for all Clients.
(d) As the agent, The Brand, at its discretion, may promote Friends in order to educate or attract Clients. In doing so, each Friend grants The Brand unlimited rights to market and utilize all provided Media. By emailing, sending, or giving any Media to The Brand, the Friend agrees to transfer full ownership and copyright of such Media to The Brand, allowing The Brand perpetual rights to use, modify, and distribute the Media for promotional and marketing purposes according to The Brand's self-determined needs or business purposes.
(e) Friends agree to The Brand's way of managing business growth and cost coverage for Friends, as follows:
(i). Variable Amount Addition
- The Brand will add a variable amount to the price set by each Friend.
- This additional amount can be up to 30% of the Friend’s price depending on the services or products offered and the Friend's skills and experience.
- The Brand will retain this additional amount, and the remainder will be paid to the Friend according to an agreed payout schedule contained in an official email from The Brand (official email refers to an email from its owner or executive with The Brand's domain).
- The specific percentage and payout frequency will be confirmed in writing via email, referred to as the 'Pricing Arrangements,' and will remain in effect for the agreed period stated in that email.
(ii). Pricing Agreement
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Setting Prices and How Payment Works
- Friend agrees with The Brand on a price that Friend will be paid per minute for performing Services.
- Friend agrees that a Client's prepaid time may include live real-time conversations or text or email or communication through asynchronous voice messaging. Asynchronous voice is a communication method where voice messages are sent and received at different times, rather than in real-time conversation. Only time that is recorded and verifiable on a third party app counts as deductions of a Client's prepaid time.
- Friend agrees to exclusively sell prepaid time through The Brand to Clients, and not directly to the client through their own tools, links, or devices. Using any payment mechanisms without The Brand's direct involvement is a breach of this Agreement and constitutes a breach of Friend's obligations to not compete with The Brand.
- The Brand will pay out each Friend for Services according to a per-minute rate and according to all of the terms of this Agreement, and this payment is referred to as a "payout".
- Friends should expect to receive the agreed payout amount for all time paid for by Clients according to The Brand's payout schedule and according to the terms of this Agreement.
- Friends should consider all of their own business expenses and contracting costs when setting their price.
- Example Calculation: If a Friend wants to earn a base value of $1 per minute net, they should add their additional costs on top of that $1 (e.g., insurance, internet charges, any applicable wire transfer fees or other payout costs, etc.). In this example, the base value plus costs might total $1.15 per minute.
- On top of the Friend's base cost and expenses, The Brand will publish a price for Services or Products that includes anywhere up to 30% added by The Brand on top of the Friend's total price per minute. For example, on top of the base value of $1 and the Friend's own costs of $0.15, a maximum of 30% would equate to a published price per minute of $1.50 ($1.15 + $0.35 = $1.50). Therefore, when prepaying for time, the Client's cost would be $1.50. This price reflects the consistency, the additional options, professional standards, unique features, administrative burden relief for Friends, strength gathered as a team, and the accountability benefits that The Brand offers as an agency versus an individual.
(iii) Percentage Agreement and Adjustments:
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Agreement on Percentage:
- The percentage added by The Brand to the Friend's total price per minute will adhere to what is agreed upon via official email from The Brand's owner or executive.
- Friends agree not to change the agreed percentage within the stipulated time frame.
(iv) Cancellation and Rescheduling Policies:
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Policies and Financial Impact
- Friends also agree to the respect cancellation, rescheduling, and other policies outlined in these terms and conditions, which may result in financial losses as described in this Agreement.
Section E.4 Compliance with Legal and Ethical Standards
(a) Each Friend agrees to comply with all applicable laws, regulations, and ethical standards in the provision of their services and sale of their products.
(b) Friends agree to obtain and maintain all necessary licenses, permits, and certifications required to perform their services and sell their products.
Section E.5 Confidentiality and Data Protection
(a) Friends agree to maintain the confidentiality of any personal or sensitive information received from Clients and The Brand and shall use such information solely for the purpose of providing services and selling products.
(b) Friends agree to comply with all applicable data protection laws and regulations and shall implement appropriate measures to protect the security and confidentiality of Client information.
Section E.6 Indemnification
(a) Each Friend agrees to indemnify, defend, and hold harmless The Brand, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from the Friend's:
(i) provision of services or sale of products;
(ii) violation of this Agreement;
(iii) violation of any rights of any other person or entity.
Section E.7 Termination
(a) The Brand reserves the right to terminate or suspend any Friend’s ability to provide services or sell products at any time, with or without notice, for any reason, including but not limited to breach of this Agreement.
(b) Upon termination, the Friend's right to provide services and sell products through The Brand will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including but not limited to confidentiality, indemnity, and limitations of liability.
Section E.8 Relationship of the Parties
(a) Each Friend is an independent contractor and not an employee, partner, or agent of The Brand. Nothing in this Agreement shall be construed to create any partnership, joint venture, or employer-employee relationship between The Brand and any Friend.
(b) Friends agree not to represent themselves as agents or employees of The Brand and shall not have any authority to bind The Brand in any manner.
Section E.9 Non-Compete
(a) Friends agree that during the term of this Agreement and for a period of five (5) years following the termination of this Agreement or following The Brand's decision to discontinue professional relationship for any reason, they will not create, develop, or offer any new service that uses the concept or idea of friendship, friends, pals, confidant, buddy, or any branding that sounds or appears similar to the Services provided through The Brand.
(b) This non-compete clause is intended to protect The Brand, to protect against false associations with The Brand, and to ensure that Friends do not use any unique ideas, concepts, or models developed by The Brand for their personal gain outside of the professional relationship established under this Agreement.
Section E.10 Actions in the Name of The Brand
(a) Friends agree that any actions they take in the name of The Brand, including but not limited to communicating with customers or Clients, must be conducted only with direct written or documented permission from The Brand. Such permissions can be provided through official emails from The Brand, formal publications, or any other documented means.
(b) Friends must follow the instructions or advice provided by The Brand in these terms, official emails, or other formal communications regarding any actions taken on behalf of The Brand.
Part F. What do You get when You make a purchase?
The
Section F.1 30-Minute Get Clear Conversation
(a) One thirty (30) minute conversation in which your Friend will ask coaching questions, based on professional coaching theory, standards, and practice such as contained in the book The Science of Personal Coaching by Cyndi McCoy. The aim is for You to end the conversation with greater clarity about what you want or need more in your life or business and to feel committed to your next step.
Section F.2 10-day Friendship
(a) Ten (10) consecutive calendar days of 24/7 access to Your Friend through the Zoom app, and the purpose is to help you stay motivated and accountable to take action on something in your personal life or business. Each day is capped at thirty (30) minutes of Your Friend's time, which includes Your Friend listening to your voice notes, replying to your voice notes, reading your messages, or having live conversations with You over phone or video chat. Like a gym membership, it's a "use it or lose it" insofar as the 30 minutes each day do not carry over to the next. If You reach Your maximum on any particular day, then Your Friend may wait until the next day to read, listen, or reply to Your messages. When using voice messages, note that Your Friend may acknowledge your previous messages by recapping or paraphrasing or bullet pointing what you talked about in your previous messages, and this, as well as every moment of time spent listening or responding, counts toward the 30 minutes max per day.
(b) After the 10 days have passed, if both You and Your Friend feel inspired to continue working together, your Friend will extend an invitation for you to decide if you would like to purchase additional blocks of time (such as another 10 days or 30 days) to continue your 24/7 access.
Section F.3 Boundaries Health Check
(a). One thirty (30) minute conversation in which your Friend will ask coaching questions, following the coaching theory contained in the book The Boundaries Health Check by Cyndi McCoy. The aim is for You to end the conversation with greater clarity about which boundaries you want or need to adjust in either your own life or in a particular human relationship, and what your next step would look like.
Part G. General Provisions
Section G.1 Privacy Policy
(a) The Brand’s commitment to safeguarding Your privacy is paramount. This section outlines the collection, use, and protection of Your personal data, in compliance with and subject to applicable data protection laws.
(b). Personal data refers to any information that relates to an identified or identifiable individual, including but not limited to names, contact details, personal text messages, voice messages, video containing identifiable content, content potentially captured during live conversations, as well as data such as IP addresses, location data, biometric information, and any other data that can be linked to a person directly or indirectly.
(c) By using this Website or any Services provided by The Brand, You consent to the collection and use of Your information as described in our Privacy Policy, which is incorporated herein by reference.
(d) The Website may use cookies and similar tracking technologies to enhance Your experience. You can manage Your cookie preferences through Your browser settings.
(e) You have rights regarding Your personal data, including but not limited to access, correction, and deletion. Detailed information is available in our Privacy Policy.
(f) Personal data in third-party software applications (Apps)
(i) Products and Services offered by The Brand might make use of various third-party apps through which You enter or save Your personal data, including text or media that you enter into the app as well as using live or recorded audio or video features. A few examples of third-party apps used by The Brand at various times at their discretion, might include Discord, Telegram, WhatsApp, Messenger, any apps owned by Google, Wix, other email applications, and third-party plugins within applications used by The Brand.
(ii) While we would like to hope that all third-party apps are 100% reliable, we know that is not reasonable or true. So, You understand that if you purchase Services or Products that involve Your use of a third-party app, then it is possible that a Friend, The Brand, and/or You may suffer privacy-related or security issues with the data that either You, The Brand, or a Friend entered or saved into the third-party app.
(iii) By using our Services, You understand that The Brand or a Friend will control what it has a reasonable ability to control according to its own resources and capabilities, but the storage or saving of Your personal information inside of a third-party app 100% belongs outside of The Brand's scope of responsibility or management, since neither The Brand nor Friends own or control the administrative backend application, hardware, or virtual hardware or other resources where that data is protected.
(iv) You understand that neither The Brand or Friends own responsibility for the data that you choose to enter or save in a third-party app. You understand that all forms of information or data that you submit or upload to third-party apps are outside of The Brand's control and so you accept 100% ownership of any or all privacy-related problems that may arise from Your use of a third-party app and you accept all potential data-related risks that come with modern software application technology.
(v) You will ensure that you educate yourself about best practices for protecting your data when using third-party apps, and this can include, but is not limited to, understanding the risks of malicious attacks and hacking in modern apps, creating strong passwords, recognizing phishing attempts, and regularly reviewing privacy settings.
(vi) In summary, if You do not agree with both this Privacy Policy here in this Agreement and the privacy policy of any third-party app, then you will discontinue use of the associated Services or Products that require it without any expectation of refund or compensation from The Brand. You understand that you accept 100% responsibility and all risk associated with using these apps, entering personal information, as well as using live or recorded audio or video features. In other words, you will not hold The Brand responsible for any accidental or other failure, error, breach of privacy, or other undesirable technical or security-related event that occurs through all third-party apps.
Section G.2 Intellectual Property
(a) All content on this Website, including but not limited to text, graphics, logos, images, and software, is the property of The Brand or its licensors and is protected by intellectual property laws.
(b) You are granted a limited, non-exclusive, non-transferable license to access and use the Website for strictly private and non-commercial purposes. Unauthorized copying, reproduction, modification, distribution, or any other use of the content is strictly prohibited.
(i) “Use of the content” means You can view, read, and interact with the content on the Website as long as You are doing it for Your own personal, non-commercial use. For example, You can read articles, view images, or watch videos provided on the Website, but You cannot copy these materials, modify them, share them with others, or use them for any business purposes without getting permission from the Website owner.
(c) Other definitions of terms and phrases used in this Section:
(i) Limited License: A restricted permission to use specific content or services, which does not grant full ownership or unrestricted rights.
(ii) Non-Exclusive: A permission granted to multiple users, not exclusively to one individual.
(iii) Non-Transferable: A permission that cannot be transferred to another person or entity.
(iv) Personal and Non-Commercial Purposes: Use intended solely for individual, private use, and not for any business or profit-making activities.
(v) Unauthorized Copying, Reproduction, Modification, Distribution, or Any Other Use: Any use of content that has not been expressly permitted by the content owner, including copying, altering, sharing, or distributing the content without permission.
Section G.3 Dispute Resolution and Governing Law
(a) This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of Queensland Australia, in which The Brand is established, without regard to its conflict of law principles. This means that only the laws of the jurisdiction where The Brand is based will apply, and any rules that would direct the application of another jurisdiction’s laws are excluded.
(b) Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration, conducted in accordance with the rules of the relevant arbitration body.
(c) You agree to submit to the personal jurisdiction of the courts located within said jurisdiction for the purpose of litigating any claims or disputes that are not subject to arbitration.
Section G.4 Limitation of Liability
(a) To the fullest extent permitted by law, The Brand shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from the following:
(i) Your use of or inability to use the Website or Services;
(ii) any unauthorized access to or use of our servers and/or any personal information stored therein.
(b) The Website and Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Section G.5 Termination
(a) The Brand reserves the right to terminate or suspend Your access to the Website or Services at any time, with or without notice, for any reason, including but not limited to breach of this Agreement.
(b) Upon termination, Your right to use the Website and Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Section G.6 Changes to Terms
(a) The Brand reserves the right to amend these terms and conditions at any time. Any changes will be effective immediately upon posting on the Website.
(b) It is Your responsibility to review the terms and conditions periodically for any updates or changes.
(c) Your continued use of the Website or Services following the posting of changes constitutes Your full acceptance of those changes.
Section G.7 Indemnification
(a) You agree to indemnify, defend, and hold harmless The Brand, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from Your (i) use of the Website or Services; (ii) violation of this Agreement; (iii) violation of any rights of any other person or entity.
Section G.8 Contact Information
(a) For any inquiries, support requests, or issues related to this Agreement, You may contact The Brand at the contact information provided on the Website.
Section G.9 Force Majeure
(a) The Brand shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, civil disturbance, governmental actions, strikes or other labor disputes of any kind, internet or telecommunication failures, or shortages of resources or materials.
(b) You understand that the phrase "Force Majeure" is French for "superior force" and refers to unforeseeable circumstances that prevent someone from fulfilling a contract.
Section G.10 Severability
(a) If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction (according to Governing Law as described in this Agreement), the remaining provisions of this Agreement will continue in full force and effect. Such invalid or unenforceable provision shall be deemed modified only to the extent necessary to render it valid and enforceable while preserving the intent as closely as possible.