Effective Date: April 2, 2018.

This Fee and ACH Authorization Agreement (this “Agreement”) is effective as of April 2, 2018 and provides information on the fees Mirach LLC (the “Company”) charges for use of the Platform’s communication, invoicing, dispute resolution and payment services, including Payment Protection, and includes eligible Users’ authorization for debits and credits from and to their designated bank accounts via the automated clearing house network (“ACH”). This Agreement is part of the Terms of Use.

By continuing to use the Platform or the Platform Services on or after the Effective Date, the User accepts and agrees to this Agreement. To the extent permitted by applicable law and except as otherwise provided in the Terms of Use, the Company may modify this Agreement without prior notice to the User, and any revisions to this Agreement will take effect when posted on the Platform unless otherwise stated. Please check the Platform often for updates.

  1. SERVICE FEES CHARGED TO COUNSELORS. Pursuant to the Terms of Use Agreement, the Company charges Counselors a Service Fee for each Engagement. Depending on the nature of the Engagement, the Service Fees will be charged either as straight or tiered pricing, as discussed in further detail in this Section 1. Where applicable, the Company may also collect taxes (such as value added tax (VAT) in Europe) on Service Fees.
    1. Based on Counselor Privilege Points: The following chart outlines the amount of Service Fees the Company will take from the total payments received from Hosts:
      4.00-5.00 (or no ratings): 10%
      3.00-3.99: 15%
      2.50-2.99: 20%
      <2.50: 25%
  2. PAYMENT PROCESSING FEE TO THE HOST. The Company shall charge Hosts thirty cents ($0.30) for any transaction less than $10 USD.
  3. AUTHORIZAITON FOR ACH DEBITS AND CREDITS.
    1. If and to the extent permitted by the Company in its sole discretion, Hosts may pay Counselor Fees and other fees owed under the Agreement from their designated bank accounts. Subject to the Company’s eligibility requirements, if the User elects to pay Counselor Fees and other fees owed under the Terms of Use via ACH transfers from the User’s designated bank account, the User hereby authorizes the Company to electronically debit and, if necessary, electronically credit the User’s designated bank account via ACH for such fees pursuant to the Terms of Use, and the User agrees to comply with the ACH rules issued by the National Automated Clearing House (“NACHA”) and all applicable laws, including, but not limited to, the federal Bank Secrecy Act, the U.S.A. Patriot Act, and economic sanctions overseen by the Office of Foreign Assets Control (OFAC). The User’s authorization for ACH transfers contained in this Section will remain in full force and effect until the User notifies the Company that the User wish to revoke the User’s authorization by removing the User’s bank account information from the User Profile or by contacting Customer Support. The User understands that the Company requires at least one (1) business day’s prior notice in order to cancel the User’s authorization for ACH transfers contained in this Section.
    2. The User must notify the Company of any change in the User’s designated bank account’s information at least five (5) business days before any such change by updating the User’s bank account information in the User’s Profile or by contacting Customer Support. If the Company does not receive notice at least five (5) days before any such change, the Company may attempt, in the Company’s sole discretion, to implement such change prior to any ACH debit or credit transfer performed pursuant to the User’s authorization provided in this Section. However, the Company assumes no responsibility for the Company’s failure to do so.
    3. The User may view a history of the User’s Account transactions by logging in to the Platform. The User is solely responsible for promptly reconciling the User Account transaction history with the transaction records for the User’s bank account. The User must notify the Company of any errors or discrepancies in the User’s Account transaction history (each, an “Error”) within 30 days of when the Error could be viewed in the User’s Account transaction history on the Platform. If the User does not notify the Company of an Error within 30 days of when the Error could be viewed in the User’s Account transaction history on the Platform, the User will forfeit the right to contest the Error, except to the extent such forfeiture is prohibited by applicable law or the NACHA rules.
    4. Subject to the foregoing notice requirement: (a) if and to the extent an Error is caused by the Company, the Company will correct the Error and (b) if an Error is caused by the User, the Company may, but is under no obligation to, attempt to correct the Error and will offset any costs the Company incurs from any funds returned to the User’s bank account or the Host Escrow Account, as applicable.
  4. PHONE SESSIONS. While there are not any additional charges to the Company for using the complimentary Phone Service, there may be additional charges with the User’s telephone provider for such use.