Out of Darkness Comes Light Ltd (ODCL) – Terms & Conditions
We are Out of Darkness Comes Light Ltd (ODCL) incorporated in the UK under company number 08812437. ODCL owns and operates CosyChats.Com (CC).
These are our terms and conditions. They tell you what we do and how we do it.
By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.
Last update to these T&C Monday 18th April 2024.
1. User accounts
• To use CC, Users have to register for an account, provide accurate and complete information, and keep this account information updated. Both Buyers and Service Providers undergo an account registration process.
• You must apply with a properly completed application, by submitting your application, you are agreeing for us to, at any time during our relationship with you, use a third party electronic verification company to confirm your identity, or at the discretion of ODCL, the identity of anyone else providing or receiving monies on your behalf and, where required, the identity of other connected parties.
• If you change any of your Account details (such as your address), we may need to carry out new checks to confirm your identity. We may also need to seek additional information from you to verify your identity in the form of documentation. Until your identity has been successfully verified, we may (i) delay
your application; or (ii) reject your application.
• We may share the personal information we collect from you with fraud prevention agencies, who will use it to prevent fraud and money-laundering and to verify your identity.
• Each account must be a personal account, but Users may trade as a sole trader, company or any other legal entity (whether incorporated or unincorporated).
• Users cannot register for more than one account.
• The information that Users supply in the public profile of their account must comply with CC profile policies.
• CC reserve the right to restrict your access, temporarily or indefinitely block your account, stop any Services you have in progress, warn other Buyers and Service Providers of your actions or issue you a warning if:
a) you breach the letter or spirit of these terms and conditions or the referenced policies;
b) we are unable to verify or authenticate any information you provide to us;
c. we believe that your actions may cause any loss or liability to our Users or to us
• Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person’s user account or registration information for the Website.
2. Service Delivery
• On purchase of a Service the Buyer’s funds will be held pending service delivery.
• The Service Provider will contact the buyer and provide the service as agreed, at the agreed times.
• The buyer may be entitled to a refund, as defined in the Refund Policy as detailed on CC.
Service Delivery.
• Poor or non-delivery of service may negatively affect the Service Providers rankings on CC.
• If the event of a unresolved dispute buyers must contact CC immediately and provide full details of the dispute and their dissatisfaction.
• CC will endeavour to resolve the dispute to the satisfaction of all parties.
• Once the service has been completed the Buyer will be able to leave feedback for the Service Provider, upon which the funds held will be available to the Service Provider as payment forward to the next payment date.
a) alternatively, if the Buyer is not satisfied with the service provided they can contact CC with clear and detailed explanation of their dissatisfaction and CC will investigate and where the buyers dissatisfaction is upheld provide a refund.
• b) if the Buyer does not contact CC expressing dissatisfaction with the service received, the funds held will be available for payment to the Service Provider after seven (7) days of service confirmation by the Service Provider, forward to the next payment date.
• if the funds held are paid to the Service Provider in accordance with b) above, CC and the Service Provider will be entitled to assume that the Buyer is satisfied with the Service Provided and does not have a dispute of any kind in relation to the job. The Buyer agrees that they will not file a dispute or seek to reverse payment through their credit card provider, bank, PayPal or any other payment service.
3.2 Service
• The Service Providers payment is agreed as a fixed price, relative to their hourly rate and service booked:
• In advance, the Buyer must provide any additional detailed requirements for the Service Provider to agree, including details of any subjective elements of the Service required, a breakdown of expected service deliverables and any other expectations for the work.
• Once satisfied the Buyer can finalise the agreement with the Service Provider.
• Once any additional requirements have been received from the Buyer, the Service Provider must:
a) provide the service as described on CC and where appropriate additionally agreed with the buyer.
• On occasions the Service Provider may not be able to provide the agreed service due to unforeseen unavoidable circumstances. The Service Provider must inform the Buyer as soon as practical and agree a revised service delivery date.
• failing to deliver the work within agreed time-scales, or repeatedly revising previously agreed time frames, may mean the Buyer requests a cancellation of the Service and refund.
• Poor or inconsistent delivery of a service will negatively affect the Seller’s rankings on CC.
• All Disputes between buyer and service provider will be managed by ODLC in accordance with the Dispute Resolution Policy as detailed on CC.
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3.3 Quality
All Service Providers on CC must strive to deliver a high standard of service, appropriately meeting their Buyer’s needs. Service Providers should be aware of safety and safeguarding when delivering their Service. Although part of the T&C’s Service Providers should ensure Customers have read and understood the safeguarding and safety pages and policies, as well as other policies. CC will assist as best it can but cannot and does not replace any recognised or official support or emergency organisation that is best placed to assist.
Specifically, Service Providers must ensure that their service is:
a) accurate and not misleading;
b) clearly communicated without distortion or interference
c) of a standard consistent with the level of experience and expertise indicated in the Service Providers profile and Bio and
d) as best as the Service Provider is able due to their experience and knowledge, fully addresses each of the Buyer’s defined requirements.
e) Confidential. Exceptions being where a safeguarding or safety issue is identified or where a Customer moves between Service Providers and asks that a handover of information be completed to better enable the new service.
f) Does not provide a professional or not, service. including but not limited to counselling, therapy, coaching, holistic medicine.
For the avoidance of doubt, any such service(s) cannot be provided following any contact or booking made originally through CosyChats.com. By the service provider or associate of the service provider.
3.33
a) Safeguarding training. Service Providers commit to undertaking appropriate Safeguarding training and providing sufficient safeguarding signposting and support.
b) Service Providers past experience. Service Providers accept that by providing the service they may experience mental health trauma.
3.4 The heavy but important bits:
• The Buyer and Service Provider create a direct service contract between themselves and ODCL or CC are not party to that contract.
• You promise that:
a) you are able to pay for the services if you are a Buyer and perform the services if you are a Service Provider;
b) you are not in breach of any applicable laws, rules or regulations or obligations to any other person;
c) you have made and will make all required legal and tax filings. If relevant, you will file all necessary legal documentation relating to your self-employment required by any governmental body, and pay all applicable taxes including without limitation PAYE or other income tax and national insurance;
d) you shall not (and shall not permit) any third party to either take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, of service provided on or through the services CC provide, including without limitation any User Content, that infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty.
4. Payments
• Payments are made as described in Section 3, for a Job agreed by the Buyer as successfully completed.
• The Service Provider may request part payment of funds prior to Job completion, it will be at the discretion of CC and ODCL as to whether a part payment is agreed.
• Funds are held by ODCL, the purpose of funds being held is to provide the Service Provider with the security needed for them to undertake the work.
• All payments between Buyer and Service Provider must be processed through CC as described in Section 3, both for work sourced on CC and for any follow-on service between the Buyer and Service Provider, either for the same Service or another Service. A Service Provider may seek express written permission from CC to allow payment by alternative means for a specific invoice or payment if the Service Provider intends to issue proceedings or pursue legal action against the Buyer.
• Payment (or attempt of) outside of CC is a breach of these terms and conditions unless the prior express written consent of CC has been obtained. Such payment (or attempt of) and will lead to temporary and/ or permanent suspension of the Buyer and/ or Service Providers account. The Service Provider will be liable for any loss of business and legal expenses that CC may incur in recovering it. CC reserve the right to sanction funds held on behalf of the Service Provider in order to recover lost fees. Moreover, CC will not mediate any Disputes or be liable to either the Buyer or Service Providers loss of business as a result of violation of this clause. Users must report attempts or offers to make payment outside of CC by their Buyer or Service Provider to CC immediately.
• Payments by Buyers may be checked by CC for fraud prevention purposes, before any payments are released to the Service Provider.
• CC makes regular payments and will process payments forward to the next payment run. CC has at least monthly payment runs. Once CC has processed payments, they are then subject to time-scales imposed by the banking clearing system (BACS in the UK). CC endeavours to process payments within three working days but reserves the right s to take ten working days. CC reserves the right to make payment via cheque.
• For security reasons, CC reserves the right to request additional information from Buyers, Service Providers and other Users, including original documents, and to verify documents with issuing institutions. Therefore, we reserve the right to request the following proofs of identity:
– a copy of a Government issued ID (Passport, Driver’s License or National ID Card);
– a copy of a recent utility bill showing your name and address (less than 3 months old);
For credit/debit card users (one of the following):
– a copy of the front and back of the card used. For Security Compliance, we recommend that you blank out the central 8 digits of the card number digits, and the last three digits from the number on the back;
– Credit or Debit Card Bank Statement of the card used on your HO account (less than 3 months old). For Security Compliance, you must blank out the central 8 digits of the card number digits;
For PayPal users:
– PayPal Account statement showing your PayPal registered name, email address and verification status along with any relevant transactions.
• CC is not a deposit taking body and any monies held by CC on a User’s behalf are not insured deposits. Users will not receive interest or other earnings on the funds held CC will endeavour to ensure that the funds held are available to the User in accordance with these Terms and Conditions but do not guarantee that they will be available to the User in circumstances which are unforeseen or beyond our control.
• If CC has to return funds to the Buyer due to the Buyer (contrary to these Terms and Conditions) filing a dispute or requesting a payment be reversed through its credit card provider, bank or Paypal then HO will be entitled to recover any such amount from the Service Providers credit card or other previously made payment method if available. If CC is unable to recover the amount returned to the Buyer from the Service Provider in full then the Service Provider agrees to pay to CC any outstanding sums within 48 hours of CC making a request.
5. Leaving Feedback
• When the Service has been provided the Buyer is able to provide both qualitative feedback and a rating for the Service Provider.
• Feedback should be completed honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to CC.
• Feedback comments that are reported to us as defamatory, abusive or offensive will be reviewed and may be removed at our discretion.
6. Cancellations and refunds
6.1 Cancellation of a Service
• After the Commencement of a Service, the Buyer or Service Provider may request a cancellation:
a) the requester must notify the other party of the cancellation and if they believe they are entitled to a refund subject to Section 6.2. The Buyer must notify the Service Provider and request a “Request Refund” using the Contact Us form.
b) if the Buyer fails to notify the Service Provider that they wish to cancel the Service and the Service is subsequently completed, the Buyer must pay for the service delivered in accordance with these terms and conditions and should not seek to file a dispute or reverse payment with their credit card provider, bank or PayPal.
• Once notified of a cancellation:
a) the Service Provider should confirm acceptance of the cancellation and stop providing the service;
b) the parties should agree what payment is necessary for any service provided.
• If the cause of the cancellation was not due to the circumstances defined in the Refund Policy as detailed on HO the Service Provider is entitled to request payment at minimum equal to the value the service already provided.
6.2 Refunds
Buyers must avoid filing a dispute or reversing payment through their credit card holder, Bank or PayPal. Attempts to seek a refund in this way will lead to the Buyer’s account being automatically suspended.
6.3 Requesting a refund
• A Buyer can request a refund of the funds held excluding the refund fee as described in Section 8.1, specifying a reason for their request:
a) Rejected Refund Requests are raised to CC for Dispute assistance and handled in accordance with Section 7;
b) CC will attempt to contact the Service Provider, if CC is unsuccessful, it may release the funds back to the Buyer subject to the following clause.
• CC will process refund requests back to the Buyer subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If CC reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations CC shall not be obliged to make the refund. CC may at its discretion may make a payment to charity on behalf either party.
• CC will approve or reject a refund request.
6.4 Refund and cancellation penalties
• Users are strictly discouraged from causing cancellations and refunds. Refunds may impact Users standing in the CC marketplace as follows:
a) where the Service Provider is at fault for the refund (for example, due to no response or poor service provided), it may negatively impact their Service Provider status and rankings;
b) refunds attributed to a User may lead to temporary and/ or permanent restrictions on their account.
• CC will process approved refund requests back to the Buyer’s subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If CC reasonably believes that the parties have not complied with these terms and conditions or are seeking to avoid any such obligations CC shall not be obliged to make the refund.
7. Disputes
• CC encourage our Service Providers and Buyers to try and resolve any disagreements between themselves. However should that not be possible CC Customer Services can provide Dispute resolution.
• A Dispute can be raised by Buyer or Service Provider, in any event CC may reach out to both parties in order to mediate and try and bring the Dispute to resolution.
• CC will aim to make a resolution decision on behalf of both parties within seven (7) days. If a mutual resolution has already been agreed between both parties then the dispute will either be cancelled or resolved in line with the mutual agreement.
• CC will consider;
• a) if both parties are acting in good faith and have tried to resolve the issue between themselves before contacting us, including at least a second attempt made between both parties to resolve the dispute;
b) if the Job was delivered in accordance with the terms in Section 3;
c) for Disputes concerning the quality of the service delivered: CC will consider whether the Service has met general quality standards as defined in Section 3.3. Assessments on quality i) down to perceived taste, or ii) requiring specialist technical or subject matter expertise, will not form part of the resolution decision;
d) if the Buyer and Service Provider have complied with these terms and conditions.
In the event of having to make a resolution decision on behalf of the parties, CC will notify both parties within fourteen (14) days of the Dispute. The disputed funds shall be dealt with in accordance with the resolution decision and these terms and conditions. Our involvement with the Dispute ends once the resolution in relation to the Dispute has been communicated
8. CC fees and service charge
8.1 Service charge
CC may make a service charge to the buyers total fee.
• Where a Buyer is entitled to a refund according to Section 6.2, the Buyer receives the funds requested according to Section 6.3 minus a minimum refund fee of £10 or equal to 10% of the requested amount, whichever is greater. The refund fee is waived in case the Service Providers at fault for the refund per the refund Policy as detailed on CC.
8.2 Service Provider fees
For Service Providers CC charges a Service Fee of a 10% (excl. VAT) on all work billed (earnings), above the first £250 earned in the month which has a 15% (excl. VAT) Service Fee.
• The minimum payment made is £100 (excl. VAT).
• The minimum Service Fee per invoice is £10 (excl. VAT).
• Users are provided with a statement showing their fees.
• Bank transfer reversal fees – If your bank transfer gets reversed due to incorrect banking information, wrong bank account type or foreign currency bank account settings limitation, you will be charged a reversal fee of £2.
• If the Service Provider decides to raise a dispute as per section 7, they are required to pay a non-refundable fee equal to 10% of the refund amount, subject to a minimum charge of £5 per dispute.
9. Referral Program
9.1 General
The CC Referral Program is a program that allows Users to receive certain benefits if they refer a non-HO user (“Referred User”) to HO and they then make a qualifying purchase on the site (“Successful Referral”). Users perform this referral by submitting their HO details and email address of the Referred User on the contact us form.
9.2 Referral Reward
Subject to the eligibility conditions in Section 9.3, Users will receive the following as Referral Reward for every Successful Referral:
• £10 cash or equivalent payment.
9.3 Eligibility
To be eligible for the Referral Reward:
• you must have an active User account on HO;
• you may not refer yourself for the Referral Program;
• the Referred User should not already have a User account (active or inactive) on HO;
• the Referred User should sign up for a User account using the activation link of the Referral Invitation;
• the Referred User should have received and paid for services within 365 days from registration of at least £50.
9.4 Discontinuance or modification
CC reserves the right at any time to modify or discontinue the Referral Program either temporarily or permanently with or without notice for individual or all users. CC will not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program.
9.5 Non-compliance
CC reserves the right to suspend the User account should abusive or fraudulent activity regarding the Referral Program be suspected at the discretion of CC.
10. CC reserves the right to suspend any User account without reason or explanation at the discretion of CC.
11. General terms of website use
The CC terms of website use define how Users may make use of CC whether as a guest or a registered user. They contain the important information so please read them carefully.
12. Privacy Statement
By proceeding to use the CC service Users consent that CC may process the personal data (including sensitive personal data) that CC collects from them in accordance with the CC Privacy Policy.
13. Governing Law
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).
14. Related Policies
The following policies are part of these terms and conditions and should be read carefully:
• Terms of website use
• Privacy Policy
• Posting policies:
• Refund Policy
• Resolution Policy
•Safety and Safeguarding Policy
Safety Page Including Service Provider Agreement (The Service Provider Agreement is signed separately but also included here to be included in the T&C’s of this site). Service Providers do not need to sign the agreement separately to be applicable. Service Providers should read the Safety page and Service Provider Agreement prior to agreeing to the Terms and Conditions of this site.
Hourlies posting policies
Jobs posting policies
Profile policies
15. Definitions
In these terms and conditions:
‘Buyer’ means a person buying services from a Service Provider on CC;
‘Commencement of the Service’ means the purchase of a service by the Buyer.;
‘Content’ means such things as data, text, photographs, videos, audio clips, written posts and comments, graphics, User content and interactive features generated, provided, or otherwise made accessible on or through CC;
‘Custom Job’ is a piece of work that commences with the acceptance of a Proposal by a Buyer. This work is agreed after direct communication between a Buyer and a Seller.
‘Dispute’ means a dispute raised in relation to a Service;
‘CC’ means the website with the domain name www.cosychats.com or Out of Darkness Comes Light Ltd;
‘Service’ means a Service that a Service Provider and Buyer agree. The Service is to be provided by the Service Provider to the Buyer.
‘Service charge’ the fee CC applies to a buyers total fee.
‘Service Provider’ the seller of the service, the service is provided to the buyer.
‘User’ means any person who uses CC;
‘User Content’ means all Content uploaded, submitted, distributed, or posted to the services by Users, including without limitation, User Content does not include any materials or deliverables, or intellectual property therein arising from a Job, which shall be assigned to the Buyer on successful payment for the Job. User Content is the sole responsibility of the person who originated it;
Version 1.0
Last updated 18th April 2024