Last Revised Feb 1, 2017
This Payment Policy forms part of the Member Agreement and is incorporated by reference therein. Capitalized terms not defined herein will have the meanings set forth in the Member Agreement and related policies.
1. LiveAdvice's payment responsibilities for Advisor Services you provide are subject to restrictions and limitations. The Member who initiates a Transaction with an Advisor through the Site is solely responsible for payment of any and all fees for the Transaction. LiveAdvice shall not be obligated to pay any Advisor fees for which LiveAdvice has not been fully paid by the Member or Member's credit card issuer or bank, as applicable. You hereby authorize LiveAdvice to collect payments from Members on your behalf for any and all Transactions that you conduct. LiveAdvice will credit to your Member account the fees collected by LiveAdvice less LiveAdvice's platform fees and commissions set forth below, any tax withholdings required by law, and any refunds, discounts, chargebacks and chargeback fees payable by LiveAdvice (the "Net Fees").
As an Advisor, you may charge Members a price per-minute fee as part of the listed rate. LiveAdvice may collect a minimum per-minute fee. LiveAdvice will retain platform fees for each call in the amount of LiveAdvice's then current platform fees. LiveAdvice reserves the right to change the amount of platform fees retained by LiveAdvice at any time. In addition to platform fees, LiveAdvice will retain a commission equal to forty three percent (43%) of the Net Call Fees for all live calls. The "Net Call Fees" means the Gross Call Fees less LiveAdvice's platform fees. The "Gross Call Fees" means the fees collected by LiveAdvice for each call (live or recorded) to your Advisor listing at the listed rate for the duration of the connection. *
As an Advisor, you may charge Members a price per-minute fee as part of the listed rate. LiveAdvice may collect a minimum per-minute fee. LiveAdvice will retain platform fees for each chat in the amount of LiveAdvice's then current platform fees. LiveAdvice reserves the right to change the amount of platform fees retained by LiveAdvice at any time. In addition to platform fees, LiveAdvice will retain a commission equal to forty three percent (43%) of the Net Chat Fees for all live chat transactions. The "Net Chat Fees" means the Gross Chat Fees less LiveAdvice's platform fees. The "Gross Chat Fees" means the fees collected by LiveAdvice for each chat to your Advisor listing at the listed rate for the duration of the connection. *
As an Advisor, you may charge a price per-minute fee for Recorded Listings as part of the listed rate. LiveAdvice may collect a minimum per-minute fee. You must clearly indicate in your listing(s) that the per-minute fee is for a recorded (not a live) call. In addition to platform fees, LiveAdvice will retain a commission of forty three percent (43%) of Net Call Fees for all calls to your Recorded Listing(s). *
As an Advisor, you may charge a fee for responding to the Paid Mail requests that you receive. You must clearly state the fee for responding to Paid Mail in your Member listing(s). LiveAdvice will receive a commission equal to forty three percent (43%) of the Gross Mail Fees. The "Gross Mail Fees" means the fees collected by LiveAdvice for each Paid Mail sent from your Advisor address that is accepted by a Member. *
For each Group, the Group Manager may collect a percentage of each Advisor's Net Fees from the listings in the Group (“Percentage”). If you create listings in a Group, the Percentage will be determined by your arrangement with the Group Manager. This Percentage may range from 0% to 100% of Net Fees generated from your listings in such Group, so LiveAdvice advises you to carefully consider the Percentage that you will receive prior to joining any Group. If your Advisor listing is included under a Group, LiveAdvice will issue payment to you for the percentage of the Net Fees generated from your listings in the Group according to your arrangement with the Group Manager. If you are a Group Manager, you hereby authorize LiveAdvice to collect payments from Members on your behalf for all Transactions with the Group Manager listing or a listing of an Advisor in the Group. *
LiveAdvice may, at its option, invite you to participate as an Advisor in special offerings that may include custom branding, promotional pricing, qualifications verification and/or targeted promotion. You do not have any obligation to accept such invitations, however, if you do accept such an invitation, you agree to be bound by the terms set forth in the invitation in addition to the terms and conditions of the Member Agreement and the policies incorporated therein. *
2. Advisor Fee Remittance.
- When you request to receive your Advisor fees, LiveAdvice will distribute Advisor fees to you from your Member account. LiveAdvice makes payments only in U.S. dollar denominations.
- If you are enrolled in monthly payments by check, LiveAdvice will deduct and retain a fee of $2 for each check issued to you. If fees that are due to you for any month are less than $25, LiveAdvice will hold the payment until the amount due to the Advisor at the end of any month is at least $25. LiveAdvice will send fees by check mailed to the address you specify via U.S. Postal Service approximately ten (10) days following the end of each month. *
- You may register to receive fees by direct deposit via ACH if you have a registered U.S. bank account that is eligible for ACH transfers and otherwise meet the direct deposit requirements. If you are enrolled in direct deposit and are eligible to receive funds daily by ACH, LiveAdvice will send fees daily through ACH to your U.S.-based bank account. LiveAdvice reserves the right to terminate a Member account's ability to receive funds daily by ACH at any time without reason or notice.
- You are solely responsible for (i) all hardware, software and other costs incurred in using the Site, and (ii) determining, collecting, reporting and paying any applicable state and federal sales, income or other taxes. LiveAdvice may withhold taxes from amounts issued to Advisors as required by law and reserves the right in its sole discretion to suspend or close a Member account until tax information, including, but not limited to, a Taxpayer Identification Number (TIN), is accurately collected.
- LiveAdvice reserves the right in its sole discretion to institute a chargeback policy as LiveAdvice deems appropriate. LiveAdvice reserves the right to withhold issuing payment for your fees without notice on any transaction which in our sole discretion suggests that the Member or Member's bank may not fulfill his or her payment obligation. LiveAdvice reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious to ensure integrity of the funds.
- LiveAdvice reserves the right to close a Member account at any time without reason, including, but not limited to, a violation of this Payment Policy, upon notice to the Advisor and payment to the Advisor of any unrestricted funds held in custody.
LiveAdvice reserves the right to restrict payments from a Member account for any of the following reasons. If your Member account is identified for review, you will be notified by email and requested to provide information relevant to your Member account. LiveAdvice will use reasonable efforts to promptly investigate the matter and /or reach a final decision on the restriction. If the investigation result is in your favor, LiveAdvice will unrestrict your Member account. If the investigation result is not in your favor, LiveAdvice may return funds to the Member and unrestrict the remainder of your Member account, will continue the restriction for up to one-hundred-and-eighty (180) days as to funds necessary to protect LiveAdvice against the risk of chargebacks, or may close your Member account
by giving you notice and mailing a check for any funds in your Member account
that are not in dispute to the address that you have provided. If you are
later determined to be entitled to any disputed funds, LiveAdvice will make an additional payment of those funds to you. Reasons may include, but are not limited to, the following:
- Reports of unauthorized or unusual credit card use associated with the Member account including, but not limited to, notice by the card issuing bank
- Reports of unauthorized or unusual bank account use associated with the Member account
- Receipt of potentially fraudulent funds
- Excessive disputes or chargebacks
- Refusal to cooperate in an investigation or provide confirmation of identity when requested
- Sending unsolicited email or posting referral links on websites where they are not permitted
- Opening multiple Member accounts under different names to facilitate fraudulent activity
- Suspected violations of the Member Agreement
- Name on the bank account associated with the Member account does not match the name on the Member account
- Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number or incorrect bank account number
- Use of an anonymizing proxy
- Any other circumstances which cause LiveAdvice to believe that a Member account may be being used for fraudulent purposes