Terms and Conditions of Commitment Contract
Last updated: March 31, 2021
This contract is between you ("Client") and stickK.com, LLC ("stickK"). stickK owns the website located at www.stickK.com (the website, any subdomain thereof, any goal-setting portal hosted by stickK, any mobile version thereof, or any software system designed to support or permit interaction with the website or its functionality over a network, the "Website").
The Parties hereby agree as follows:
1. THE COMMITMENT
2. CHILDREN UNDER AGE 18
- Weekly and Single Report Commitments: 72 hours after the end of the reporting period.
- Daily Commitments: 24 hours after the end of the reporting period.
5. EMAILING THIRD PARTIES
6. TERMS FOR FINANCIAL COMMITMENT CONTRACTS
Client shall be responsible for all charges incurred as a result of Client's Commitment, including any applicable taxes. If payment cannot be charged to Client's credit card or if a charge is refunded for any reason, including chargeback, stickK reserves the right to immediately and without notice, either suspend or terminate Client's access and account, thereby terminating all of stickK's obligations under this Agreement. Client is required to pay any amounts still owed to stickK at the time Client's account is suspended or terminated.
stickK may return any remaining portion of the Prepayment (without interest) to Client at the end of the contract. The Prepayment is owned by stickK and stickK has at most a contingent, non-fiduciary duty to transfer amounts to the Client or to Designated Recipients pursuant to paragraph 6.5. If stickK deducts from the Client's Prepayment during the term of the Commitment Contract, Client authorizes stickK to charge Client's credit card or electronic payment system an amount sufficient to replenish the Prepayment to maintain a constant amount throughout the term of this Commitment Contract. If for any reason Client is more than 2 weeks late in replenishing the Prepayment under this paragraph, Client authorizes stickK to treat the remaining Prepayment as Deducted Stakes and agrees that the contractual obligations of both sides will come to an end. Client and stickK agree that it is a basic assumption of the parties in making this contract that Client will bear the risk of any inability to replenish the funds in a timely manner.
6.5.4 Fees. In order to pay transaction costs (including both transaction specific and non-transaction specific Commitment Contract costs, collectively referred to as “Contract Costs”) and compensate stickK for its services under this Agreement, stickK deducts and retains the Contract Costs and the stickK compensation from Forfeited Stakes and Deducted Stakes to calculate Transferrable Stakes. Such deductions are made as follows: (a) (i) for all Commitment Contracts for which the Designated Recipient is a friend or foe, the greater of $1.00 or the transaction costs actually incurred by stickK in such transactions; (ii) for all Commitment Contracts for which the Designated Recipient is an anti-charity, 50% of all Forfeited Stakes and/or Deducted Stakes; and (iii) for all other contracts, 19.5% of all Forfeited Stakes and/or Deducted Stakes and (b) for Commitment Contracts described in clauses (ii) and (iii) stickK allocates and deducts all Contract Costs proportionately among the Commitment Contracts.