Counselor Terms and Conditions
Revised: April 13, 2007
This Agreement ("Agreement") is a contract between You and Luminent Solutions, LLC. and applies to your use Luminent Solutions services
In this Agreement, "you" or "your" means any person or entity using the Service to provide Therapy ("Counselors"). Unless otherwise stated, "Luminent Solutions", “Luminent ", we" or "our" will refer collectively to Luminent Solutions, LLC and its officers, directors, employees, assigns, agents, and successors. In addition, "Therapy" means any advice or other products or services provided by You to a paying recipient "User." The terms "mental health professional", “therapist” and “counselor” are used in this Agreement (Terms and Conditions) and on the website to refer to a variety of mental health professionals including, but not limited to, psychiatrists, psychologists, marriage and family therapists, social workers, and counselors.
Eligibility: Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law.
Service Provider: Luminent Solutions is only a service provider. Luminent Solutions does not verify, guarantee or make any representations regarding the identity of any User. Counselors who disclose personal contact information to Users do so at their own risk. Luminent Solutions does not recommend or endorse any particular Counselor, nor any products or services offered by any Counselor. Counselors who offer Therapy do so at their own risk, and Luminent Solutions is exempt from any responsibility in this regard.
Verification: Luminent Solutions requires you to provide a valid State License and insurance certificate. Luminent will verify both and will require you to send us any renewal prior to expiration. You authorize Luminent Solutions, directly or through third parties, to make any inquiries we consider necessary to validate information. In addition, we may require verification of your identity and/or other background information in order for you to continue using the Service. In such event, you will provide additional information that may be requested, consent to disclosure of your personal information to third-party service providers in order to verify your identity and/or other background information, and authorize us to verify your identification.
Insurance Requirements: You must maintain Professional Liability/Malpractice Insurance of $1mm each claim/$3mm aggregate through a reputable insurance carrier.
Counselor Regulations: Luminent Solutions has the right to immediately terminate your account and use of the Service without notice if we suspect you of violating any of the following regulations:
· You will only establish listings in categories for which you have applicable qualifications. You represent and warrant that you have all the ability, education, experience, licensing, skills, and/or training required to satisfactorily provide appropriate Advice for any category in which you list.
· You will not engage in misrepresentation of yourself, your background, your qualifications and/or your credentials.
· Your profile shall not contain any inappropriate content or language, ("Inappropriate Content"), as defined as profane or vulgar in nature is prohibited. Luminent Solutions, in its sole discretion, shall determine what is considered Inappropriate Content.
· You can not create advertisements or links to web sites that involve the sale or solicitation of any product or service unrelated to your Counseling Services.
· You can not engage in any purposeful redirection strategies to circumvent Luminent. To be clear, this means that if you first make contact with a client through your Luminent listing or somehow utilizing Luminent’s systems whether it is through the phone, email, online chat, a Luminent event, or any other means, you must provide online or phone services with that client through Luminent. If you do have a private practice and it makes sense to you and the client to speak face to face, you may work with the client face to face through and not utilize Luminent; however any subsequent online or phone sessions must not circumvent Luminent. If Luminent suspects that you are engaging in purposeful redirection strategies, Luminent reserves the right to audit your records, pursue legal action, and pursue action with your state board.
· You can not create repetitive listings for saturation placement in single categories or sub-categories or across multiple categories.
· You will, during the times you designate yourself as 'Available' to take calls, be always accessible and available to receive such calls from Users. Any charges disputed by Users due to an Advisor's inaccessibility during such 'Available' times will be the sole responsibility of the Advisor.
Luminent Solutions has the right to immediately terminate your account and use of the Service without notice if we suspect you of violating any of the prior regulations.
Laws and Guidelines: You, as a licensed mental health professional, and your practice are subject federal and state specific laws. Luminent makes no claims to monitor any of these laws or to monitor your adherence to said laws. It is your sole responsibility to ensure your practice operates legally.
In most states there are exceptions to confidentiality or privacy laws if, there are suspected cases of child abuse, dependent adult abuse, elder abuse, and in cases where the client is a danger to self or to others. For those situations or any other situation for which you are required to break confidentiality, Luminent will provide a number for you to call and report the situation.
Furthermore, there are a variety of online therapy guidelines. We recommend that all counselors become familiar with these guidelines. Examples of organizations with guidelines include: American Counseling Association, International Society for Mental Health Online, American Psychiatric Association, and American Psychological Association.
Compliance & Prohibitions. The following is strictly prohibited:
· Using the Service for any purpose that is unlawful, fraudulent or contrary to this Agreement and/or related policies is prohibited.
· Circumventing or attempt to circumvent the Service using any third-party payment services.
· Using the Service in any manner to harass Users or other Counselors or to interfere with any other party's use of the Service.
· Using the service for any offensive or unwelcome communications.
· Attempting to gain unauthorized access to any User or other Counselor account information, computer systems or networks.
· False identification or impersonation of any other person or use of a name that You are not authorized to.
· Transmission of any "spam," or unsolicited mass distribution of email or bulletin board postings to the Luminent system is prohibited.
· Undermining the feedback/ratings system are prohibited.
· Creating obscene, offensive, tasteless, defamatory or hateful profile content.
Furthermore, you will cooperate fully with Luminent to investigate any suspected unlawful, fraudulent or improper activity.
Privacy Statement: See our Privacy Policy at www.luminentcounseling.com.
Pricing & Fees: You, at your discretion, shall set your Counseling Rate. Luminent Solutions will collect a fixed $0.40 per minute technology services fee for the ability to do OnDemand Phone Therapy and a 25% marketing fee. Fees are subject to change if deemed necessary by Luminent Solutions. Luminent does not collect any payment for referrals; all fees are based on use of service.
Payment: You will be paid once per month, in the first week following the end of the month.
Luminent Solutions is not obligated to make any payments to you if Luminent Solutions has not received full payment or the payment is under dispute. You hereby authorize Luminent and its agents to collect payments from Users on your behalf for any and all Service calls that you conduct.
Activation Fee: Luminent Solutions charges a $25 non refundable activation fee. This fee is charged prior to You going live on the Luminent Solutions platform. This fee covers work required to be performed by Luminent Solutions in order to create Your listing and account and includes such things as: License and insurance verification and account set up. This fee does any guarantee any client calls. This fee may be paid by check via credit card..
Disputes, Privacy & Monitoring: Luminent Solutions nor its agents monitor telephone conversations between Users & Counselors. Further information can be found in our Privacy Policy.
Modification & Termination: Luminent Solutions reserves the right in its sole discretion to modify the terms and conditions of your use of the Service, without notice. All modified terms and conditions will be effective thirty (30) days after initial publication. If any modification is not acceptable to you, your only recourse is to cease using the Service. By continuing to use the Service following any posting of a new Agreement, you accept and agree to be bound by the new Agreement and/or policies. Luminent Solutions may at any time put an account on hold, terminate the Service, terminate this Agreement, or delete any Counselor from the system for reasons including but not limited to excessive disputes, suspected violations of any aspect the Counselor Agreement, harassment, and any activity perceived of as suspicious or potentially fraudulent. Luminent Solutions will notify You via email of any such termination or deletion, which shall be effective immediately. Upon deletion or termination or expiration of this Agreement for any reason, remittance of any outstanding balance in Your account will be made accordingly unless violations of this Agreement require otherwise.
Telephone Platform and Credit Card Processing: Luminent Solutions has partnered with Ether, to provide the e-therapy business platform. Utilizing Ether’s proven platform, Luminent Solutions, Counselors and the Users have a trusted experienced partner who has comprehensive platform services and a secure and reliable service. For the purpose of this agreement, Ether is an agent of Luminent Solutions LLC.
Ether is strictly a service provider and does not provide any mental health advice. Ether does not make any representations regarding and mental health advice or any content or categorization provided by Luminent Solutions LLC.
Luminent Solutions will maintain an account for each Counselor through Luminent’s group account with Ether. Users maintain an account directly with Ether. Using the account, the User will pay the fee in accordance with the Counselor’s rate at the time of the counseling session.
Liability: Luminent Solutions shall not be responsible for any act or omission by You. Luminent Solutions shall not be liable for any actual, incidental, consequential or punitive damages resulting, directly or indirectly, from the Services provided hereunder, including but not limited to transmission outages, interruptions and blockages. You acknowledge liability for any and all charges resultant of intentional or unintentional usage, including but not limited to fraudulent misuse of Luminent Service. If You have a dispute with a User, or suffer or cause any harm arising out of or connected with the Services, You hereby waive all claims against and release Luminent from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any transaction or Advice session or with regard to such disputes. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations waive their rights under analogous laws, statutes or regulations.
No Warranty: LUMINENT SOLUTIONS MAKES NO WARRANTY, EXPRESSED OR IMPLIED, , AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
LUMINENT SOLUTIONS DOES NOT WARRANT THAT PRODUCT OR SERVICE DESCRIPTIONS OR OTHER CONTENT OF THIS SITE IS ACCURATE, CURRENT, OR ERROR FREE. IF A PRODUCT OR SERVICE IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN THE PRODUCT OR TERMINATE THE SERVICES.
Relationship of Parties: This Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties.
Waiver: No term or provision of this Agreement shall be deemed waived, and no breach or default shall be deemed excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of, a breach or default by the other, whether express or implied, shall constitute a consent to, waiver of or excuse for, any different or subsequent breach or default.
Indemnity: You agree to indemnify, defend and hold harmless Luminent Solutions for any liability incurred or threatened to be incurred by the Luminent to any third party as a result of the negligent conduct, willful acts or omissions of You and Your agents, servants, employees or any other parties over whom You exercises control. Such indemnification shall include, without limitation, any liability, including attorneys' fees and court costs, incurred or threatened to be incurred by Luminent Solutions as a result of any claim, demand, action, lawsuit or proceeding brought about by Your acts or omissions in connection with the transmission or republication of any material which is found to be defamatory in nature or involves the unauthorized use or infringement of a trademark, trade name, service mark, patent rights or similar data or information transmitted by You over Luminent’s network.
This Terms and Conditions Agreement set forth herein shall be construed
under and governed by the laws of the State of
Force Majeure: Luminent Solutions shall not be liable for any failure, interruption and/or diminution of Services in the event that such failure, interruption and/or diminution is the result of any fire, flood, epidemic, earthquake or any other act of explosion, strike or other disputes, riot or civil disturbance, war (whether declared or undeclared), armed conflict, any municipal ordinance, or state or federal law, governmental order or regulation, or order of any Court of competent jurisdiction, or other similar forces not within the control of Luminent Solutions.
Notice: Provider may give notice to Users by means of a general notice on the Site. User may give notice to Provider by the following means:
Electronic mail to info@luminentsolutions; or
Letter faxed to Provider at: (484) 229 1120.
Such notice shall be deemed given when received by Luminent.
Integrated Clause: This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes any and all other agreements, communication (written or oral) between Provider and User. Provider may amend this Agreement or impose new conditions at any time by notice from Provider to User as published through the Site. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications, or new conditions.
It is understood and agreed that if any part, term, or provision of this Agreement is held by a court to be unenforceable, unlawful or in conflict with any law of the State of Pennsylvania, the validity of the remaining terms of this Agreement shall not be altered, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the part, term, or provision held invalid