This Payment Policy forms part of the Gurumypc.com Customer Service Agreement ("Customer Agreement") and the Gurumypc.com Member Service Agreement ("Member Agreement") and is incorporated by reference into both agreements. Capitalized terms not defined herein will have the meanings set forth in the Customer Agreement, Member Agreement and related policies.
For Computer Gurus Customers
(a) Starting on October 21, 2009 and until further notice, the rate at which Customers will be charged for Guru Services with a Guru will be on a per hour or per session basis and such rate will be provided in the Guru's offer for that particular session. Unless otherwise stated in the Guru's offer, the fee amount that a Customer will be charged for the session will be presented at the beginning of the session after the Guru has had an opportunity do an assessment of the services required by the Customer. A Guru's assessment will be based on a number of variables including the Customer's description of the technology support problem and the time estimated by the Guru to address the problem. All rates not posted as flat rate services on gurumypc.com are charged individually by Gurus and are subject to change in that Guru's sole discretion and may not be the same if a Customer requests another session with a Guru. In the event that a Guru refers or forwards a Customer's case to another Guru, a Customer is only obligated to pay the fee amount finally accepted by the Customer.
(b) Gurumypc.com is collecting fees from you on behalf of the 'Guru' and you hereby authorize Gurumypc.com to collect such fees immediately upon conclusion of each transaction by charging the credit card you provide to Gurumypc.com.
Gurumypc.com has no obligation to pass on any fees to Gurus until Gurumypc.com has collected such fees in full from the Customer or Customer's credit card issuer or bank, as applicable. Gurumypc.com may institute a chargeback policy as it deems appropriate in the event that the Customer or Customer's bank does not honor a payment obligation or if Gurumypc.com questions its ability to collect funds.
(c) You authorize Gurumypc.com, directly or through third parties, to make any inquiries we consider necessary to validate your Gurumypc.com account information. This may include ordering a credit report or otherwise verifying the information you provide. In such event, you agree to provide Gurumypc.com with additional information that may be requested and you consent to Gurumypc.com's disclosure of your personal information to third-party service providers in order to verify your credit, identity and/or other background information.
(d) Money Back Guarantee: If for any reason, a Customer is not satisfied with a Guru Services session, such Customer may submit a request to receive a full refund of the fees paid for a Guru Services session by sending us such a request. Refund requests must be received within five (5) days after the date the relevant Guru Services session was rendered. Subject to the sole discretion of Gurumypc.com, a refund may be credited back to the credit card the Customer used for payment for the Guru Services session, within fourteen (14) business days of receipt of the request. To request a refund, please fill out an E-ticket and type "Refund Request" as your "Additional Comments" per the instructions on the form.
(e) Coupon Redemption: Certain restrictions apply to the redemption of any Gurumypc.com coupon. Please see the relevant coupon for details.
For Non-Certified Users "Gurus"
Non-Certified Users are not eligible for payment for providing any services to Customers via the Gurumypc.com Site or Services. Gurumypc.com will not provide payment for any session conducted by Non-Certified Users or any interactions by Non-Certified Users with Customers under any circumstances. Non-Certified Users are only eligible for payment by Gurumypc.com when they have been certified as "Gurus". Non-Certified Users may interact with Customers only to get acquainted with the Gurumypc.com platform. In accordance with the Member Agreement, all sessions with Customers and Member activities are subject to inspection and review by Gurumypc.com.
For Gurumypc.com "Gurus"
(a) Starting on October 21, 2009 and until further notice, if you are a Guru, you can set rates for your Guru Services, which rates will be set forth in each Guru offer that you create. Gurus may set their default rate and whether their services are available on a per hour or per session basis in their Gurumypc.com profile and may edit the amount of fees that will be charged to a Customer for the relevant Guru Services session at the beginning of each session. Once the Guru makes an offer to a Customer and the Customer accepts such offer, the rate at which the Customer will be charged cannot be changed for the relevant Guru Services session. The above applies to services not covered on the Gurumypc.com Site and which do not list flat rate service fees.
(b) The Gurumypc.com Service Fee. You as a Guru hereby authorize Gurumypc.com to (i) collect fees for each Transaction from Customers on your behalf immediately upon conclusion of each Transaction and (ii) retain a portion of such fees ("The Gurumypc.com Service Fee"). The current Gurumypc.com Service Fee is seventy five percent (75%) of the fee amount charged to a Customer for an Guru Services session. The Gurumypc.com Service Fee is subject to be changed by Gurumypc.com at any time. "Transaction" means any completed Guru Services session (including those delivered via the tools provided within Gurumypc.com platform installation) for which a "Session Report" has been delivered to the Customer by the Guru. Under no circumstances will any payment be due to a Guru from Gurumypc.com where a Transaction has not occurred and the Customer has not paid for the relevant Guru Service session. The Gurumypc.com Service Fees operate on a tiered system since we allow both established business and individuals to become qualified "Gurus." Gurumypc.com also provides liability insurance, licence's, hosting, marketing, and e-mail services for qualifying Gurus. As a result of these incurred initial costs of bringing an new Guru on board a tiered system has been put in place. Under this model the lowest Gurumypc.com Service Fee is thirty five percent 35% for qualifying Gurus allowing those qualified Gurus to earn up to sixty five percent 65%. The qualification level a Guru is classified as falling under is at the sole discretion of Gurumypc.com and is based on the following factors: (a) Time in service (TIS) as a certified Gurumypc.com Guru. (b) Number of successful cases (SC) completed as a certified Guru. (c) Customer satisfaction rating (CSR). (d) Other experience and third party certifications that the Guru posesses. Waivers can be given for TIS and SC at the sole discression of Gurumypc.com if a Guru has satisfied item d. of this paragraph.
(b)(1) In the event that a Guru refers a case to another Guru before a Customer has accepted a Guru's offer, the last Guru to refer the case will receive a commission of ten percent (10%) of the total fee amount charged to the Customer less The Gurumypc.com Service Fee. The Guru that conducts the referred Transaction will be paid the total fee amount charged to the Customer less Gurumypc.com Service Fee, and less the commission paid to the last Guru to refer the case. Both the referring Guru and the Servicing Guru should indicate the action and submit along with the session ID when they submit their report.
(b)(2) In the event that a Guru forwards a case to another Guru after a Customer has accepted a Guru's offer from a Guru, the last Guru to forward the case will receive a commission of twenty percent (20%) of the total fee amount charged to the Customer less The Gurumypc.com Service Fee. The Guru that conducts the forwarded Transaction will be paid the total fee amount charged to the Customer less The Gurumypc.com Service Fee, and less the commission paid to the last Guru to forward the case. Both the referring Guru and the Servicing Guru should indicate the action and submit along with the session ID when they submit their report.
(b)(3) In the event that a Guru forwards a case to another Guru after initiating a flat rate Guru Service, the last Guru to forward the case will receive a commission of fifteen percent (15%) of the total fee amount charged to the Customer less The Gurumypc.com Service Fee. The Guru that conducts the forwarded Transaction will be paid the total fee amount charged to the Customer less The Gurumypc.com Service Fee, and less the commission paid to the last Guru to forward the case. Both the referring Guru and the Servicing Guru should indicate the action and submit along with the session ID when they submit their report.
For the purpose of clarity, where a case is referred or forwarded a commission is only paid to the last Guru to forward or refer a case prior to the ultimate execution of the Transaction by the receiving Guru.
(c) Subject to Section (g) below, Gurumypc.com. will pass funds collected from Customers to Gurus on a bi-weekly basis for all fees collected from Customers for Guru Services rendered in the preceding work period less The Computer Gurus Service Fee. If the amounts due to a Guru in any period are less than fifty dollars ($50) then Gurumypc.com may wait to pass the funds collected from Customer on to the Guru until the following period in which at least fifty dollars ($50) is due or at another time to be determined by Gurumypc.com in its sole discretion.
(d) The Customer will be asked to provide payment details to Gurumypc.com prior to the Guru Services session. It is strongly recommended that the Guru confirm with the Customer, via chat, that these steps have been completed by the Customer. Please refer to the payment settlement status indicator available within the Guru's control pannel. (as applicable.)
(e) Payments due to Gurus will be delivered by check to the billing address that the Guru provides in his or her Gurumypc.com profile. All monies provided to Gurus by Gurumypc.com will be provided by The Computer Gurus in U.S. dollars. You are solely responsible for all costs incurred by you in using the Site and providing Guru Services and determining, collecting, reporting and paying all applicable state and federal sales, income and other taxes. The Computer Gurus will only pass funds on to the Guru when Gurumypc.com has actually collected payment from the applicable Customer. Gurumypc.com may institute a chargeback policy as it deems appropriate in the event that the Customer or Customer's bank does not honor a payment obligation or if Gurumypc.com questions its ability to collect funds.
(f) Payments due to Gurus may be held pending investigation if negative feedback is left by a customer regarding a Guru Services Session. Gurumypc.com reserves the right to increase its fee to 100% and transfer any portion of that fee as it sees fit in such a case that further action is needed to resolve a customer complaint. "Complaint Resolution" includes repeated performance of identical services in the event the services were not initially performed correctly or performance of additional services are required in the event that a Gurus diagnostic was grossly inaccurate in regards to solving a technological problem with a customers PC or equipment, or other means by which to resolve a customer complaint as determined reasonable by Gurumypc.com. Gurumypc.com has sole discretion in determining satisfactory resolution actions. In all cases that Gurumypc.com determines repeated or additional services are required for Complaint Resolution, the additional Guru Services Session will be performed by a different Guru than the Original Executioner of the Guru Services Session. Gurus will not be paid on any Guru Services Session where a valid complaint and or negative feedback is provided that is confirmed by an investigation conducted by Gurumypc.com or a third party including but not limited to Law Enforcement Agencies. In such cases the Guru will have violated these terms and the Terms and Conditions of the Guru Services Agreement and forfeits related monies.
(g) Money Back Guarantee: Where a Customer requests a refund for an Guru Services session and such request for a refund is granted in the sole discretion of Gurumypc.com, the Guru will not be paid for the relevant Guru Services session about which the Customer has complained. If a payment was already delivered to a Guru the amount will be deducted from the Guru's future earnings, or if insufficient earnings have been posted within a period not to exceed 30 days Gurumypc.com may at its discretion request that such forfieted funds that were paid be returned to Gurumypc.com, and/or initiate other means by which to collect such funds from the Guru.
(h) MSP+OL Session Claim: When a Monthly Service Plan with On-Line Support Session is claimed by a Customer, Gurus will not be paid for the Transaction and no fees will be due to the Guru other than in accordance with this Section. In the event that a Customer claims an MSP+OL Guru Support Session, Gurumypc.com will "sponsor" the relevant Guru Services session for the relevant Transaction and pay a thirteen dollar and fifteen cent ($13.15 USD) fee to the Guru for each Guru Services session where a Free Session Coupon is redeemed. The sponsored amount is based on a 25% average of eligible services and is subject to change by The Computer Gurus at any time. The Computer Gurus does not assess a Service Fee for Sponsored Sessions.