Advising Services Terms & Conditions

TIC offers various Services for purchase on the Website. By purchasing and making payment for a specific Service on the Website, You hereby agree to engage TIC to provide the purchased Service. The purchased Services may be documented internally on the Website, via a third-party scheduling application, or through a receipt.

Services shall consist of Advising Sessions as described on the Website. The Sessions shall be provided in person or via telephonic or internet platforms at election of the Parties.

The Services shall also include a reasonable amount of phone, text messaging via phone and email support (“Additional Communications”). TIC shall use best efforts to respond to Additional Communications within forty-eight (48) hours of receipt.Short Description

You shall pay to TIC in exchange for the Services the fees as described on the Website at the point of purchase (the “Fees”). All Fees for Services must be paid in full pursuant to the Terms in advance of the first Session. No Session or Services shall be scheduled without such timely payment.

You may pay Fees by check, ACH transfer, credit or debit card or other payment agreed to by You and TIC. You acknowledge that the use of a third-party processor (“Processor”), whether through TIC’s or Processor’s website, is at Your own risk. You further acknowledge that by using a Processor You agree to be bound by all applicable terms and conditions of Processor and that TIC shall not be liable for the actions or inactions of the Processor.

You and TIC may agree in writing to a payment plan. TIC, in its sole discretion, will determine how many payments will be due before Services may commence.

Confidential Information. Unless otherwise agreed to in writing or as provided for in these Terms, TIC shall use good faith effort to keep in confidence and not disclose the information, content, or conversations (documented or verbal) that an Advisee shares with TIC as part of the Services (the “Confidential Information”). Where Advisee is under eighteen years of age and You are the legal guardian of the Advisee, the foregoing shall be limited to the extent permitted by law. TIC and Advisee both acknowledge and agree that the Services do not create a legally confidential relationship (like those of the medical and legal professions), and thus communications and Confidential Information are not subject to the protection of any legally recognized privilege.

Exclusions. Confidential Information shall not include information or communications, whether or not shared by Advisee during the Services, that: (a) was in TIC’s possession prior to its being furnished by Advisee; (b) is generally known to the public or in TIC’s industry; (c) is obtained by TIC from a third party, without breach of any obligation to Advisee; (d) is independently developed by TIC without use of or reference to Advisee’s Confidential Information; (e) TIC is required by statute, lawfully issued subpoena, or by court order to disclose; (f) in the sole discretion of TIC, leads TIC to reasonably believe there is an imminent or likely risk of danger or harm to Advisee or others; or (h) involves illegal activity.

Safety. TIC takes its ethical obligations very seriously, and as such, shall report any disclosure by Advisee of Advisee’s intent to physically harm themselves or others. If TIC reasonably believes that the threat of harm is emergent (i.e. Advisee is threatening harm in the moment or near future), TIC may, in its sole discretion notify (i) public authorities; (ii) Advisee’s educational institution (if enrolled), (iii) Advisee’s personal emergency contact as provided by Advisee to TIC, and/or (iv) if Advisee is under eighteen years of age, Advisee’s legal guardian.

Written Permission to Disclose. In addition to the foregoing, with Advisee’s prior written consent, Advisee may additionally grant permission for TIC to disclose Confidential Information or a portion of Confidential Information with certain parties such as a parent, guardian, or another specified party, such as a college counselor or professor.

Refunds for purchased Services or gift cards are not accepted. Refunds shall also not be accepted for unused time in a specific Session. TIC, in its sole discretion, will determine exceptions to this policy.

Required Notice. You or Advisee may cancel a Session by providing notice (“Cancellation Notice”) through the scheduling application designated by TIC no less than one (1) hour prior the scheduled start time of such Session; such Sessions shall be deemed to be unused and may be rescheduled. Sessions that are cancelled with a Cancellation Notice less than one (1) hour notice prior to the scheduled start time shall be considered a “Late Cancellation” and shall not be rescheduled, nor shall any Fees or portion of Fees be refunded. Cancellation Notices must be made through the scheduling application designated by TIC.

Except as expressly provided in the Terms, TIC makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the Services or Sessions, and specifically disclaims any guarantees or warranties related to academic success, career success, or resolution of any matters discussed by You or Advisee. In no event shall TIC be liable to You or Advisee for any direct, indirect, consequential or special damages, whether or not related to: (i) Your or Advisee’s academic success, resolution of academic or career matters, or any other topic discussed during the Services or Sessions, (ii Your or Advisee’s physical or mental wellbeing, (iii) Your or Advisee’s self-harm or harm to another person, whether physical or mental, (iv) Your or Advisee’s harm or damage to any physical or real property. Notwithstanding the foregoing, TIC’s entire liability under this Agreement, and Your and Advisee’s exclusive remedy, shall be limited to the amount actually paid by You to TIC under the Terms in the six (6) months preceding the applicable suit.

You and Advisee acknowledge that TIC may utilize Processors, tools or applications to provide the Services (together, “Third Parties”), such as applications for scheduling, its website, communication or payment processing. You and Advisee agree that by using such Third Parties, You and Advisee agree to any applicable additional third party terms and conditions and that TIC is not responsible for the actions or inactions of such Third Parties, including any damages or loss that may be incurred by You or Advisee as a result of use of such Third Parties.

Modification. TIC may modify the Terms at any time without notice to You or Advisee, however, shall only be effective upon written notice to You.
Severability. If any provision of the Terms shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court of law finds that any provision of the Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver. The failure of either You or TIC to enforce any provision of the Terms shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of the Terms.
Assignment. TIC may incorporate into a business entity such as a limited liability company at any time, at which time, its rights and obligations shall be assigned and transferred to such successor entity without prior written consent or notice.
Applicable Law. The Terms shall be governed and construed in accordance with the laws of the State of New York, United States without giving effect to any conflicts of laws provisions.
Binding Effect. The Terms shall be binding upon the parties hereto and their respective successors and permissible assigns.
Entire Agreement. This document reflects the entire agreement between TIC and You, and reflects a complete understanding of the parties with respect to the subject matter.