PlusGuidance service provider terms of use

We provide an online counselling platform to allow You as the “Service Provider” (Counsellor, Therapist or other practitioner) to offer your services online via video, voice (audio), and messaging sessions directly through our Website PlusGuidance.com.

1. The contract.

These Service Provider Terms of Use (also referred to as "Terms" in this document) govern the relationship between you, the Service Provider ("You" or “Your”), and PlusGuidance Global Limited (“PlusGuidance” or “us” or “we” or “our”), and Your use of Our “Platform” (“PlusGuidance.com” or “Website” or “Site”) to provide counselling, therapy and other guidance services to Clients solely in accordance with your obligations and duties as a licensed provider of such services.

These Terms constitute the contract between You and Us. By using our Platform, you are deemed to accept the Terms.

The Terms, together with any document referred to therein, contain the entire agreement between You and Us.

PlusGuidance can make changes to these Terms in its sole discretion and notify You of these changes. By continuing to use our Platform after notification, you are deemed to have accepted the revised terms.

Use of our Platform is expressly conditioned on (a) your compliance with your professional duties as a qualified and verified professional, registered with an approved governing body; and (b) acceptance of this Service Provider Terms of Use. The obligations set forth in this Service Provider Terms of Use are in addition to, and not in lieu of, your professional and legal obligations as a qualified, registered or verified provider of counselling, therapy and other guidance services. If you are unable to simultaneously comply with your obligations under this Service Provider Terms of Use as well as your professional and legal obligations, you may not use the Platform.

Please take the time to carefully read these Terms which will govern your use of PlusGuidance.com to provide counselling, therapy and other guidance services to Clients. In order to use the Platform or participate in any services offered by PlusGuidance, you must read this Service Provider Terms of Use and accept all of the terms and conditions herein. If you decide not to agree to the terms and conditions discussed herein, you may not use the Platform.

These terms and conditions apply to any use by you of the Platform on this website, including without limitation all services available at http://www.plusguidance.com (the “Site”) or PlusGuidance Platform accessible through other sites, such as a personal web page or PlusGuidance partner.

In addition to this document, in connection with your use of the Platform, you are also bound by the Privacy Policy, as well as the guidelines, rules, schedules, disclosures, disclaimers and amendments to this Service Provider Terms of Use and other terms that we post on the Site or otherwise provide or make available to you from time to time, each of which are hereby incorporated by reference.

2. The parties.

Throughout this Service Provider Terms of Use, the words “PlusGuidance,” “we,” “us,” or “our” mean, collectively, PlusGuidance Global Limited, and all of their respective affiliates, successors or assigns. “You” or “your” means the Service Provider who is a qualified and verified provider of counselling, therapy and other guidance services, registered with an approved governing body, who creates an account with PlusGuidance which is accessible through the Platform, or any website or partner that offers PlusGuidance’s Platform. “Client” means an Authorised Person who uses the Platform to find a Service Provider and/or receive counselling and/or therapy and/or guidance services via the Platform.

3. Description of the Platform.

The “Platform” shall mean all communications, Sessions (described below), features, products, functions and other services available or otherwise used by you on or through the Site or a website that embeds or makes available PlusGuidance’s Platform.

You may use the Platform to enable you to provide counselling services to Clients, who, or whose insurer, employer or other payor, are your private paying clients, have entered into an agreement with PlusGuidance to make the Platform available to you and the Client (individually, a “Payor”, and collectively, “Payors”), or whose insurer, employer or other payor has not entered into an agreement with PlusGuidance (individually, an “Other Payor”, and collectively, “Other Payors”).

A “Session” shall mean a single instance in which you provide counselling, therapy or other guidance services to a Client through PlusGuidance.com via either single messages or via video, voice (audio) or instant-messaging sessions, or via our Unlimited Therapy subscription of which a Session is defined as the time period paid for by the Client or credited by the Service Provider. By definition, a Session will have previously been purchased or received through PlusGuidance’s credit system by a Client on the Platform and booked in by you or the Client at a specific time if applicable, and does not include communication between you and your clients via the credit-free, unpaid messaging features on the Platform.

4. Eligibility.

By using the Platform, you represent and warrant that:

(a) You have the legal capacity and authority to agree to the terms and conditions of this Service Provider Terms of Use;

(b) All registration information and session information you submit (including but not limited to your insurance and membership to a professional body information) is accurate and truthful;

(c) You will maintain the accuracy of such information;

(d) You are, and will be at any time that you use the Platform and Website, qualified, registered or verified, as applicable, in good standing, and shall meet all other legal requirements, to provide counselling, therapy and other guidance services to Clients in the countries in which you provide those services using the Platform and Website;

(e) At any time that you are no longer qualified, registered or verified, as applicable, or otherwise permitted in a country to provide counselling services to Clients, you will immediately cease to use the Platform and Website to provide counselling, therapy or other guidance services in that country;

(f) You are a provider of counselling, therapy or other guidance services who is contracted, credentialed and in good standing with those Payors connected to your Profile (as defined below) to provide counselling or therapy on this Platform to Clients;

(g) At any time that you terminate your contract with a Payor, or are otherwise restricted from providing counselling services to a Payor’s Clients, you shall immediately cease providing counselling services to such Payor’s Clients using the Platform and the Website; and

(h) Your use of the Platform does not violate any applicable law or regulation.

Your Profile may be removed and your participation and account may be terminated without warning if PlusGuidance believes you are in breach of any of the foregoing representations and warranties.

5. Your responsibilities and liabilities.

Except as specifically set forth in this Service Provider Terms of Use, you will be responsible for providing all equipment, supplies and services required for the effective provision of counselling services utilising the Platform in accordance with all applicable laws and applicable Payor and Other Payor requirements. Specifically, but without limitation, you shall provide and maintain all services hereunder using the minimum technology standards set forth in our “Minimum Requirements”, as such standards may be modified from time to time and communicated to you by PlusGuidance by email or messaging on the Platform.

You will adhere to these Minimum Requirements listed by PlusGuidance and communicated to you by email or messaging from time to time throughout your use of the Platform.

You will complete an online profile (“Profile”) describing yourself in such form and having such content as PlusGuidance may determine and communicate to you from time to time by email or on-Platform messaging. You hereby consent to PlusGuidance posting your Profile and a picture of yourself on the Site.

You agree to maintain availability to treat Payors’ Clients hereunder in the same manner and to the same degree that you maintain availability to treat all other clients.

You will personally provide the counselling services provided using the Platform hereunder. You acknowledge that it is your obligation to ensure a proper transition of care for any Clients for whom you will no longer provide counselling services, or provide your Clients with adequate notice of your leaving.

You will at all times provide the counselling services provided using the Platform in accordance with all applicable national laws and local regulations, as well as the applicable ethical and professional standards applicable to you now in effect or as may be adopted from time to time by any regulatory or professional standards body having jurisdiction over you. This shall include, but shall not be limited to, all national and local laws pertaining to the provision of medical/clinical services via the Internet (“telemedicine”). It is your responsibility to know which Clients you can legally and ethically provide Services to according to your local and national laws and professional duties and requirements. PlusGuidance cannot guide you in regards to which countries you can provide services to, or what Client base you can provide services to. If you are unsure about your particular requirements and laws surrounding online therapy and cross-border therapy, it is suggested you consult a solicitor or your applicable professional body or association.

You represent and warrant that you will maintain the confidentiality of “Client Personal Information” (as defined in our Privacy Policy) and shall only use Client Personal Information and the “Protected Health Information” (“PHI”), as defined in our Privacy Policy, of Clients as permitted in this Service Provider Terms of Use, our Pivcay Policy, and consistent with national and local privacy laws. PlusGuidance cannot be held responsible for your handling, use and storage of Client Personal Information and Protected Health Information. Furthermore, PlusGuidance is not an insurance provider, so the only way you will be insured for your professional services and actions on the Platform is to enter an insurance agreement from outside of our Platform.

You accept that PlusGuidance is not publicly directed to Clients under age 18 and that all Clients who have first made contact with you through your PlusGuidance public Profile has indicated that they are 18 years or over (written on the sign-up form) as well as accepted our General Terms of Use. We cannot guarantee that such age indication or acceptance of our General Terms of Use by Clients is truthful, so it is solely your responsibility to get suitable confirmation from Clients of their age and acceptance of our General Terms of Use, as needed according to all your national and local legal and professional requirements and laws. If you are qualified and in a legal position to provide services to Clients under 18 years, you are solely responsible for handling this process according to your professional and legal obligations.

6. Profile Information.

By providing your public Profile Information (information that is automatically shown on your public PlusGuidance Profile URL), You are agreeing that it can be made available to the public via our website. By submitting for verification, you agree that your Profile URL, including its Profile Information, can be displayed in and found via our public search directory. It is your sole responsibility to ensure that the contact and registration information in your PlusGuidance Profile and Account is current and accurate. Profile and Account Information include, but is not limited to, name, address, email addresses, relevant qualifications to the services you provide, proof of insurance cover, and details of membership with a professional body. Changes to your Profile and Account Information can be made by you when you log in to your Account. You are responsible for immediately updating your Profile and Account Information as and when it changes. You are solely responsible for any liability or expense resulting from outdated or inaccurate information.

In the event we become aware or are notified that you have not updated and properly monitored your Profile and Account Information appropriately under these Terms, we may, in our sole discretion, remove any or all of your Profile or Account Information. If these Terms are not adhered to, we also reserve the right to freeze or delete your Account, and ban you from the Site. If you are an organisation rather than an individual, the relevant information to be given will be of the same nature of information as it relates to a member or members of that organisation.

If your professional insurance or membership to your relevant professional body expires or is no longer active for any reason, you must immediately stop providing your services on PlusGuidance.com and/or immediately change your Account and Profile Information and, if aplicable, notify us of this situation so we can take you out of our public search directory if you have been verified. If you do not adhere to both of these points, You will be fully responsible for any consequences of offering your services on our Platform whilst You are still in breach of our Service Provider Terms of Use.

You accept we are an online technology platform for you to provide services to Clients. By publishing your details, we do not in any way provide a reference or endorsement of you, your services or your business.

You are not entitled to publish articles, advertise events, seminars or workshops, or publish information of promotions, products, special offers or any services that are not specifically counselling, therapy or other services delivered through PlusGuidance.com. We reserve the right to decide not to publish any particular part or parts of the information you provide. You expressly agree that you will not sell or trade in any materials on the Website or re-distribute these in any way or for any purpose including the compiling of any databases, lists or directories or providing commercial information to any third party or any commercial or other reason.

You agree that PlusGuidance may share your information with any professional body, hospital, insurance company, healthcare provider or other similar entity with whom you are professionally affiliated with (“Related Entities”). You authorise us to make any inquiries we deem necessary of your professional accrediting body, training bodies, insurance policy provider and other Related Entities to verify the information you provide to us. You agree that PlusGuidance may contact you via email or on-Platform messaging regarding this Service Provider Terms of Use, the Site or the Platform.

You agree that you will respond to Client scheduling requests within a reasonable amount of time.

7. Professional standards.

You warrant that you will at all times in providing your services comply with and seek to uphold the standards and requirements, and meet the relevant competencies, of professional guidelines set by the relevant bodies applicable to the relevant jurisdictions in which the services are provided, including guidelines as well as statutory or other mandatory requirements determining, among other matters, when the services may or may not, or should or should not, be provided; and in compliance with any relevant reporting or alerting requirements where you have reason to consider that the Client may be at risk of serious self-harm. Furthermore, you agree that you will advise us if any complaint is, or ever has been, made against you.

8. Security and confidentiality of Access Information.

Use of the Platform requires a computer and internet access connected through an internet service provider with a web browser.

You acknowledge that in the course of performing services or work under this Service Provider Terms of Use, you may be given access to resources, information, and materials which are owned by PlusGuidance, its subsidiaries or affiliates, and/or owned by third parties and in the possession of or licensed to PlusGuidance, and which constitutes valuable resources, confidential and/or proprietary information, know-how, and trade secrets belonging to PlusGuidance, their subsidiaries or affiliates, and/or third parties (hereinafter referred to as “Proprietary Information”).

You hereby agree to hold the Proprietary Information in strict confidence and not to disclose it or otherwise make it available to any person or third party without the prior written consent of PlusGuidance. You agree that all Proprietary Information shall be used only for the purpose of providing counselling, therapy or other guidance services on the Platform under this Service Provider Terms of Use and shall not be produced, copied, in whole or in part, except as specifically authorised and in conformance with PlusGuidance’s instructions when necessary for the purposes set forth herein. You shall return all Proprietary Information, together with any copies, reproductions or other records thereof in any form, to PlusGuidance at such time as you cease using the Platform.

You agree to abide by all PlusGuidance policies and standards governing access to and use of computer resources, as such standards may be modified from time to time and communicated to you by PlusGuidance by email or on-Platform messaging.

You agree to keep your username and password and any other security or access information (collectively, “Access Information”) confidential to prevent unauthorised access to your account(s) and to prevent unauthorised use of the Platform. You agree not to give or make available your Access Information to any unauthorised individual. You will be solely responsible for any disclosure of your Access Information or use thereof by any unauthorised and authorised third party.

If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use the Platform under your username without your consent or your Accounts have been accessed without your permission), you must notify us immediately.

We reserve the right to deny your access to the Platform or any part thereof, in order to maintain or restore security or performance to the Site or any other PlusGuidance sites and systems. We may also do so if we reasonably believe you are in breach of this Service Provider Terms of Use or your Access Information has been or may be obtained or is being used or may be used by an unauthorised person(s).

PlusGuidance agrees not to willingly share information stored within the PlusGuidance system with third parties, except as set forth in the Privacy Policy. However, you agree to hold PlusGuidance harmless in the event information stored in the PlusGuidance system is required to be disclosed by law, or is accidentally or maliciously obtained by a third party. While PlusGuidance takes measures to secure the Platform and back up the information stored on PlusGuidance.com, you agree to hold PlusGuidance harmless for any loss of data or information stored in the system. You also agree to indemnify and hold harmless PlusGuidance for any damages you incur by using PlusGuidance.

We strongly recommend that you do not use PlusGuidance.com on public computers. We also recommend that you do not store your PlusGuidance.com password through your web browser or other software.

9. Service Provider obligations with respect to Client Information.

A Client may submit medical history and other personal information (“Client Personal Information”) on the Platform and authorise you to have access to such information. You acknowledge, agree, release and indemnify PlusGuidance from all claims and liability arising out of your failure to have the Client confirm their submission of their Client Personal Information or arising out of any omissions or errors in any Client Personal Information provided by the Client.

You covenant that all use of Client Personal Information will not conflict with the Privacy Policy or your professional and legal duties and obligations. You understand that the information available from PlusGuidance, including, but not limited to, the FAQs, is to be used at your own risk.

10. Platform fees.

You agree that you will pay the “Payment Fee” (also called "Payment Processing Fee") and “Service Fee” (also called “Commission”) in accordance with the current rates, as agreed between you and us from time to time or varied at our discretion, to be eligible to use our payment processing system and “Public Search Directory”. The current rates are displayed in the pricing information section of the Website. PlusGuidance may increase or decrease any Platform fees solely at our own discretion and will notify you by email prior to these changes if so.

Non-payment of any fees will result in suspension of your account after 3 days of payment being overdue. Accounts will only be reactivated at our discretion and after full payment of any overdue fees.

“Payment Fee” means the cost incurred by us to provide the entire process of an online counselling Session, including but not limited to, the Session itself, the server and hosting costs, the booking, and the payment transactions between you and a Client.

“Service Fee” means the cost incurred by us to spend on resources and marketing required to run the “Public Search Directory” where Clients search for “Verified Service Providers” (Service Providers we have background-checked and made searchable in our Public Search Directory). You will only be required to pay Service Fees for Sessions with Clients who have first made contact with you through your public Profile.

When using the Platform, you agree that you will pay the Payment Fee and Service Fee, as appropriate, in accordance with the current rates as agreed between you and us from time to time or varied at our discretion. Such Payment Fee, and Service Fee if relevant, will be paid to us by deduction by us from the payments received by us from Clients to whom you provide your services before we make payments to you.

Payments required of you and paid to PlusGuidance represent fair market value for your use of the Platform, and are not based upon the value of any referrals to you or business otherwise generated by PlusGuidance. The Platform imposes no requirements on the session types, session prices or session times you choose for providing counselling services to a Client.

11.Termination.

We reserve the right to terminate this Service Provider Terms of Use and your access to the Platform, in whole or in part, at any time and for any reason. Either party to this agreement may terminate usage of the Platform at any time. If you terminate your usage of the Platform within a time period that a Payment Fee and Service Fee is still being processed, and that time period has not yet come to an end, that payment must still be made by you to PlusGuidance. Refunds of any Platform fees will be made only at our own discretion.

If you wish to delete your PlusGuidance Profile, you must email us at info@plusguidance.com to request your Profile to be removed from the Website.

12. Electronic communications.

You agree that all electronic communications that we receive on the Platform or otherwise in connection with the Platform, such as those directing us to take an action with respect to your account, that match your Access Information or other identity information you have provided when enrolling in or using the Platform, will be deemed valid, authentic and binding.

You agree (to the maximum extent permitted by law) to hold harmless PlusGuidance and its vendors and suppliers and protect and indemnify PlusGuidance and its vendors and suppliers from and against any and all claims, losses, liability, damages and/or demands (including, without limitation, reasonable attorneys' fees and court costs) of any kind, direct or indirect, arising out of or in any way connected with any Platform rendered by PlusGuidance pursuant to or in accordance with any and all electronic communications for which we have attempted to verify your identity as set forth above.

You agree that all electronic communications, including but not limited to data entry, will not be fraudulent or otherwise incorrect, and that you have the right to disclose any information that you disclose to PlusGuidance.

13. Communication fees and charges.

You agree to be responsible for any telephone charges and/or Internet service fees you incur in accessing your Account(s) through the Platform.

14. Changes and interruptions in service.

We may revise, discontinue, or otherwise modify, temporarily or permanently, the Platform or any part thereof (including, without limitation, the Platform, this Service Provider Terms of Use, the scope of the Platform, and any materials related to the Platform), or your access thereto. Without limiting the foregoing, we reserve the right at any time to terminate this Service Provider Terms of Use as to all prior versions of the Platform and/or related materials and limit access to our more recent versions and updates.

You may choose to accept or decline our changes by closing, continuing or discontinuing use of the Platform to which these changes relate. Your use of the Platform after we make any changes will constitute your agreement to such changes and the then current version of this Service Provider Terms of Use as posted on the Site.

We may from time to time perform maintenance upon the Platform or experience hardware, software or other problems related to the Platform, resulting in interrupted service, delays or errors in the Platform. We will attempt to provide prior notice of such interruptions, delays or errors but cannot guarantee that such notice will be provided.

15. Assignment.

This Service Provider Terms of Use is personal to you and you may not assign this Service Provider Terms of Use or your rights to the Platform to any other party. We expressly reserve the right to assign this Service Provider Terms of Use and to delegate any of its obligations hereunder, under our sole discretion and without your consent. We may also assign or delegate certain of our rights and responsibilities under this Service Provider Terms of Use to independent contractors or other third parties.

16. No waiver.

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any right or remedy shall operate as a waiver of that right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

17. Harm to computer systems and data.

You agree that we shall have no liability of any kind for viruses, worms, Trojan horses, or other similar harmful components that may enter your computer by downloading information, software, or other materials from the Platform or any other PlusGuidance site.

18. Limitation of liability.

You acknowledge that PlusGuidance is not a healthcare provider, licensed or otherwise. PlusGuidance cannot and will not assume responsibility for or control over the care of any Client, which shall, at all times, remain your responsibility. PlusGuidance will not be responsible for the assignment of staff to treat Clients or any other activity that involves the practice of counselling, therapy, other guidance services, medicine or the provision of healthcare services.

You acknowledge and agree that PlusGuidance is not responsible for (i) the accuracy, reliability, timeliness, or completeness of your information, Client Personal Information, other data provided by Client, or any other data or information provided or received through the Site or the Platform, (ii) the results that may be obtained from the use of the Platform, (iii) the provision of your services as a result of your reliance on any Client Personal Information or other data provided by Client, through the Platform, or (iv) the cancelling or rescheduling of any appointment booked through the Platform by any Client.

Except as otherwise expressly provided herein, your use of the Platform is at your own risk.

To the maximum extent permitted by law, none of the entities comprising PlusGuidance or its vendors and suppliers, nor any of their respective officers, directors or employees, nor any other party involved in creating, producing, or delivering the Platform is liable for (i) any incidental, consequential, indirect, special, exemplary, or punitive damages of any kind; or (ii) loss of profits, lost revenue, cost of replacement goods or services arising out of your access to or use of the Platform, or the inability to access or use the Platform, whether caused by PlusGuidance or third parties, online service providers, any agent or subcontractor or any of the foregoing. In no event shall PlusGuidance’s liability under this agreement exceed the amount paid by you for our services in the last 30 days.

19. Indemnification.

You will defend, indemnify and hold PlusGuidance and its affiliates, directors, officers, employees, consultants and agents harmless from any and all claims, actions, proceedings, losses, damages, liabilities and expenses, including reasonable attorneys’ fees and amounts awarded by a court or paid in settlement, arising from or related to (i) any service or treatment provided by you to a Client resulting from your use of the Platform or the Site, or (ii) any breach of a representation or warranty hereunder.

20. Warranty disclaimer.

Without limiting the foregoing, except as otherwise expressly provided herein, the Platform and the Site are provided to you “AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from any course of dealing or performance or usage of trade. While PlusGuidance makes every effort to provide accurate information in connection with the Platform, except as otherwise expressly provided herein, PlusGuidance makes no warranty that (i) the Platform will be uninterrupted, timely, secure, or error-free, or (ii) any information contained on, results that may be obtained from the use of, or other aspect of the Platform will be accurate, current, complete or reliable.

Nothing contained in the Platform is intended to provide medical, legal, accounting, tax, business, or financial advice. You should consult your own professional advisor on such matters.

21. No inducement.

This Service Provider Terms of Use has been negotiated in good faith through arms’ length negotiations. Nothing contained in this Service Provider Terms of Use, including any compensation paid or payable, is intended or shall be construed (i) to require, influence or otherwise induce or solicit a party or any of its affiliates regarding referrals of business, or recommending the ordering of any items or service, of any kind whatsoever to any of the other parties or their affiliates, or to any other person; or (ii) to interfere with a Client’s right to choose his or her own healthcare provider.

22. Severability.

If any provision of this Service Provider Terms of Use is void or unenforceable, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in another jurisdiction or any other provision in that or any other jurisdiction.

23. Independent contractors.

The relationship of the parties shall be that of independent contractors. Neither party will represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other party, or to represent the other party as agent, employee, or in any other capacity, except as specifically provided herein.

24. Collection expenses.

If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses under this Service Provider Terms of Use, including arbitration fees, attorneys' fees and court costs.

25. Law and jurisdiction.

These Service Provider Terms of Use are governed by the laws of England and Wales. Any dispute arising in connection with these Service Provider Terms of Use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

26. Contacting us.

We encourage you to contact us at info@plusguidance.com if you have any questions concerning our Service Provider Terms of Use. Please note that email communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.

Last revised: 11th August, 2016