General Terms & Conditions

Last update: May 2020

1. Introduction

SimoneSauter.Com (“Coach”, “us”, “our” and “we”) is owned and run by Simone Sauter PR Coaching registered as a business in the Netherlands under number: 71343393. We offer coaching programs and services to support businesses and individuals (“Client(s)”, “you” or “your(s)”) to get publicity for their own company and/or coaching business. These General Terms and Conditions (“Terms”) are exclusively between you and Coach (“Party” and “Party” or “Parties”). 

Client agrees with the stipulations and covenants as set out below, including its future amendments and supplemental agreements.  

2. Services, Subscription and Access

2.1.  The Services we offer, contain individual coaching sessions and may include video material and training, Voxer access and/or group calls. After agreeing with these Terms and, the Client will directly receive access to our full online program. The Services, and all of its content and materials are only accessible for the Client.  

2.2.  We will use our best endeavours to deliver the Services as stated in these Terms. We cannot guarantee any result of any kind with regards to the Services. 

2.3.  Each Client must use its best efforts, spend sufficient time on the program and follow all instructions given by the Coach. Client understands and agrees there is no guarantee that he/she will receive press and/or media coverage. Client must not share access to our Services and agrees the login credentials are safe, protected and not-accessible to third-parties.

3. Subscription Term and Payment

3.1.  The Client gets access to the membership area for the duration of the agreed period and after he/she has paid the agreed fee. After the expiration of the membership subscription, Coach and Client may agree on an extension period and new fee. 

3.2.  Nothing in this Agreement shall be deemed to create the grant of a license of any kind or any other right in Coach’s proprietary software, patents, trade and service marks, trade secrets, rights, copyrights interests, trade secrets or (personal) data.

3.3.  Client must pay access to the Services at once unless agreed otherwise. When Parties have agreed on several instalments, we may limit access to our Services until you have paid each agreed instalment or the full remaining fee.

3.4.  You understand that ThriveCart will process your payment and Clients must use either a credit card or PayPal to pay the agreed amount to Coach. Each offer we make shall always be without any applicable VAT or other taxes that may apply in your country. 

4. No Refund

4.1.  In case Client decides to stop taking part in the Coach’s program, he/she is still under the duty to pay for any remaining instalments Parties agreed on. 

4.2.  If the Client is not able to attend a scheduled coaching call, he/she must cancel it at least 24 hours before the appointment. Calls that are cancelled less than 24 hours before the appointment cannot be rescheduled.  

5. Ownership Services and Restrictions

5.1.  Coach remains the owner of all the Services, including all materials related to the coaching program and sessions. All the content is subject to copyright, and any other intellectual property right that may apply. 

5.2.  Client is not allowed to license, sell, rent, transfer, assign, distribute, or otherwise commercially exploit the Services or any content displayed on the website, in whole or in part. In addition, Client shall not record, share, copy, reproduce, modify, make derivative works of, disassemble or reverse engineer any part of the Services or website in order to offer similar or competitive services as the Coach. 

6. Non-Disclosure, Non-Competition and Non-Disparagement 

6.1.  During the term of this Agreement and for five (5) years after its conclusion, Client must not reveal to any person or corporation any information regarding the content and materials of our Services, including but not limited to all confidential and proprietary information, trade secrets and work methods. 

6.2.  During the term of this Agreement and for five (5) years after its conclusion, Recipient must not engage in any work and/or employment for any person or corporation, including consulting engagements and business relationships through a legal entity, that is directly or indirectly supporting competition with the business of Coach. 

6.3.  Client understands and agrees that he/she will not make any false, negative or disparaging remarks about the Coach, and that he/she must refrain from directly or indirectly making any public comments or engage in any other action or activity which reflects harmfully on the Coach and its company. Client’s duty with regard to non-disparagement applies to all comments made verbally, in writing, electronically or by any other means, including, but not limited to websites, postings, message boards, texts, video or audio files.

6.4.  In the event of a breach of any of the provisions of this Article 6 in these Terms, the Client shall be liable to the Coach for an immediately due and payable penalty of EUR 20.000,– per breach and EUR 2.500,– for each day on which such a breach has not been cured. This penalty clause is without prejudice to any other rights provided for by the applicable law. 

7. Indemnification and Waiver of Liability

7.1.  Each Client agrees to indemnify and hold the Coach, its company officers and employees harmless, including all costs and reasonable lawyer’s fees, from any demand or claim made by any third party arising out of your use of our website and/or Services and/or the breach of these Terms or any other applicable laws and/or regulations. 

7.2.  You hereby waive and forever discharge the Coach, its company officers and employees for every past, present and future claim, dispute, demand, controversy, disparagement and liability, including personal injury and property damage that may arise out of our website or Services. 

8. Disclaimer

8.1.  Our website and Services are provided on an “as-is” and “as available” basis, and Coach expressly disclaims any warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, and/or non-infringement.  We make no warranty at all that the website and Services will meet your requirements, will be available uninterrupted, timely, secure, or error-free, or will be entirely accurate, reliable and free of errors or computer viruses.

8.2.  To the maximum extent permitted by law, in no event shall coach be liable to you or any third party for any losses, lost profits, lost data, costs of substitute products, or any other damages arising from or relating to these terms or your use of the website and services. 

9. Amendments 

These Terms may be amended from time to time, and it is Client’s sole responsibility to check this page regularly and be aware and knowledgeable about the latest version of these Terms. 

10. Applicable Law, Competent Court and Dispute Resolution 

10.1.  This Agreement is covered by the internal laws of the Netherlands, and the civil court in the city of Groningen is competent to hear any claim that may arise out of these Terms.

10.2. Subject to the provisions of these Terms regarding applicable law and competent court, Parties agree not to commence any legal proceeding with respect to any dispute that may arise out of these Terms. Parties agree to take the following steps in the event of a dispute, conflict or disagreement (“Dispute”).

(1) The Party who claims first there is a dispute will send the other Party a written notice setting out the nature of this dispute. If Client submits such a written notice he/she must demonstrate and submit evidence that he/she has followed all the steps and instruction in the program given by the Coach;

(2) The Parties will attempt to resolve the dispute through direct negotiation among themselves, or by persons who have been assigned by both Coach and Client to resolve the disput.

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