The following expressions shall have the following meanings:
1.1 “The Company” means any education or life and business coaching products and/or services provided by Murielle Marie or other staff members on behalf of Soul Works Ltd. of Uliza Prof. Haralambi Tachev 2, 1164 Sofia, Bulgaria;
1.2 “The Client” means any party who enters into a contract for life or business coaching and/or educational Services with the The Company;
1.3 “Sign Up Forms” means a booking document, registration form, letter of engagement, quotation or other written instruction describing the Products & Services and requesting a contract for those Products & Services;
1.4 “Products & Services” means the coaching and educational products & services as described in the Sign Up Forms and these Terms and Conditions;
1.5 “Fees” mean the payment for Products & Services as outlined in these Terms and Conditions and the Sign Up Forms;
1.6 “Terms and Conditions” means the terms and conditions of supply of Products & Services as set out in this document and any subsequent terms and conditions agreed in writing by the The Company;
1.7 “Agreement” means the contract between The Company and The Client for the provision of the Products & Services incorporating these Terms and Conditions.
2.1 These Terms and Conditions shall apply to the Agreement for the supply of Products & Services by The Company to The Client and shall supersede any other documentation or communication between parties.
2.2 Any variation to these Terms and Conditions must be agreed in writing by The Company.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which The Company may be entitled in relation to the Products & Services, by virtue of any statute, law or regulation.
3 SIGN UP FORMS
By entering personal and/or payment information (such as credit card information or PayPal information) on a Sign Up Form, or by enrolling in the programs via any other means through a Sign Up Form: electronically via the website or via email, through written or oral agreement, or otherwise, The Client understand and agrees that she/he is entering into a legally binding agreement with The Company.
4 SERVICES AND DELIVERY
4.1 The Products & Services are as described in the Sign Up Forms and in these Terms and Conditions.
4.2 Any variation to the Products & Services must be agreed by The Company in writing.
4.3 The Company shall take all reasonable measures to keep educational and coaching information correct but may alter educational and coaching techniques, products and services at any time. The Company shall notify The Client in writing of any such changes.
4.4 The Services shall be carried out online, as described on the Sign Up Forms or otherwise as agreed by The Company.
4.5 Dates given for the delivery of Products & Services are estimates only and not guaranteed. Time for delivery shall not be of the essence of the Agreement and The Company shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Products & Services.
4.6 The coaching and educational sessions offered through individual or group coaching, online membership and access to eBooks, online courses or any other coaching or educational material shall be conducted on an individual or shared basis as agreed with The Company and specified on the Sign Up Forms.
4.7 Coaching sessions, monthly group coaching calls or any other type of live or recorded educational or coaching sessions shall take place online as determined and intimated by The Company to The Client.
5.1 The price for Products & Services is as specified in the Sign Up Forms and is Exclusive of VAT any other charges as outlined in the Sign Up Forms.
5.2 The terms for payment are as specified in the Sign Up Forms.
5.3 The minimum duration for a coaching session is 30 minutes.
5.4 In the event that a session, at The Client’s request, is conducted at a place other than The Company’s normal preferred venue The Client is responsible for the expenses incurred by The Company when travelling to and from the session.
5.5 The Client is responsible for the full costs of any books and materials provided or otherwise required by The Company for the purpose of providing the Products & Services.
5.6 The Client must settle all payments for Products & Services within 7 days from the invoice date.
5.7 For purchases online, payment is due at the moment of purchase. In such case, payment can be done via the following payment methods: credit card, debit card, iDeal, PayPal.
5.8 For purchases online, payments are serviced by PayLane sp. z o.o. which is located in Gdańsk at ul. Arkońska 6/A3, zip code: 80-387, KRS: 0000227278.
5.9 The Client will pay interest on all late payments at a rate of 10% per annum above the base lending rate of ING Bank.
5.10 The Company is also entitled to recover all reasonable expenses incurred in obtaining payment from The Client where any payment due by The Client is late.
5.11 The Client is not entitled to withhold any monies due to The Company.
5.12 The Company is entitled to vary the price to take account of:
5.12.1 any additional Products & Services requested by The Client which were not included in the original Sign Up Forms;
5.12.2 any reasonable increase in rates, if applicable;
and any variation must be intimated to The Client in writing by The Company.
5.13 The Company shall be responsible for the payment of National Insurance contributions, Income Tax, VAT or other liabilities arising out of remuneration for providing the Products & Services.
6 CLIENT OBLIGATIONS
6.1 The Client agrees to cooperate fully with The Company with regard to the obligations set down in these Terms and Conditions.
6.2 The Client must attend coaching sessions promptly, including making telephone calls or sending any requested e-mails on time. If The Client is delayed in respect of these commitments The Company shall not be under any duty to extend the time of the session or reply to any telephone or e-mail messages.
6.3 The Client must ensure that regular practice of learned skills is undertaken between each session and any tasks set by The Company are completed in full.
6.4 The Client agrees to pay the Fees as specified on the Sign Up Forms and in these Terms and Conditions.
6.5 The Client must behave in a respectful and appropriate manner at all times. Disruptive or threatening behaviour alone or in group will result in termination of this Agreement. In such cases no refunds shall be payable by The Company to the Client.
6.6 The Client must bring to the attention of The Company any dissatisfaction with the Products & Services as soon as The Client becomes aware of such issues.
6.7 Persons other than The Client are not permitted to attend sessions or to take The Client’s place online in the membership site or any other online group coaching class, unless the prior consent of The Company has been obtained.
6.8 The Client must take responsibility for their own development and the exploration of new ideas, strategies and approaches. When online programs, membership sites and online courses are concerned, The Client is solely responsible for learning the material and applying what is learned.
7 COMPANY OBLIGATIONS
7.1 The Company shall supply the Products & Services as specified in the Sign Up Forms and in these Terms and Conditions.
7.2 The Company shall perform the Products & Services with reasonable skill and care and to a reasonable standard and in accordance with any recognized codes of practice and government guidelines.
7.3 The Company shall hold all professional qualifications required to provide the Products & Services.
7.4 The Company shall hold all necessary insurance policies required to provide the Products & Services.
7.5 The Company shall provide the agreed support for the facilitation of The Client’s personal or professional development against a set of agreed or proposed objectives. The Company cannot guarantee the achievement of these objectives.
7.6 The Company will seek to enable The Client to improve their quality of life and to achieve their desired outcomes. However, The Client has sole responsibility for taking important decisions in their life. The Company has no liability for any loss incurred by any Client, whether financial or otherwise, following commencement of coaching sessions, online programs, membership access or for any perceived failure by The Client, whether justified or otherwise, to achieve a material improvement in quality of life or to achieve their desired outcomes or goals.
7.7 Personal information supplied by The Client during a session or otherwise will be treated as confidential. It will not be disclosed to a third party without The Client’s prior permission, except where required by law or where action might be necessary to prevent harm to The Client or someone else.
8.1 Payments for Product & Services are non-refundable and non-transferable.
8.2 A refund is only considered in exceptional circumstances where The Client contacts the Company within 7 days of a booked session or sign up to any of The Company’s programs or online courses. Any such refund is made at the discretion of The Company and is subject to an administration fee of €100, deducted prior to any refund being made.
9.1 Fees are non-refundable in the event of cancellation of a session, series of sessions or any other online membership or program enrollment on the part of the Client. Clients are advised to hold insurance to cover such circumstances.
9.2 If The Company is unable to hold a booked session, private or group coaching call all attempts will be made to provide an alternative coach of the same professional standard or to offer an alternative date that is suitable to The Client.
9.3 In the event that The Company cancels a coaching series in it’s entirety, a full refund of Fees shall be made to The Client.
10 PERSONAL INFORMATION
The Company shall comply with the Personal Data Protection Act of 2002 and any other applicable data protection legislation concerning the processing of The Client’s personal data.
11.1 The Company many terminate this Agreement with immediate effect if The Client demonstrates any physical or verbal abuse towards The Company or other Clients.
11.2 The Client may terminate the Agreement if The Company fails to comply with any aspect of these Terms and Conditions and this failure continues for a period of 30 days after notification of non-compliance is given.
11.3 The Company may terminate the Agreement if The Client has failed to make over any payment due within 30 days of the sum being requested.
11.4 Either party may, with immediate effect, terminate the Agreement by notice in writing to the other if:
11.4.1 the other party commits a material breach of these Terms and Conditions and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
11.4.2 the other party commits a material breach of these Terms and Conditions which cannot be remedied under any circumstances; or
11.4.3 the Company passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect; or
11.4.4 the Company ceases to carry on its business or substantially the whole of its business; or
11.4.5 the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
11.5 In the event of termination The Client must make over to The Company any payment for Services incurred up to the date of termination.
11.6 Any rights to terminate the Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Agreement as at the date of termination.
Both parties warrant their authority to enter into this Agreement and have obtained all necessary approvals to do so.
13 LIMITATION OF LIABILITY
13.1 The Company shall not be liable under any circumstances to The Client or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by The Client or other third party howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
13.2 Nothing in these Terms and Conditions shall exclude or limit the liability of The Company for death or personal injury, however The Company shall not be liable for any direct loss or damage suffered by The Client or third party howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the sum insured under the insurance policy held by The Company in the insurance year in which the claim is first notified.
The Client shall indemnify The Company against all claims, costs and expenses which The Company may incur and which arise directly or indirectly from The Client’s breach of any of its obligations under these Terms and Conditions.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
The Client shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of The Company.
17 THIRD PARTY RIGHTS
Nothing in these Terms and Conditions intend to or confer any rights on a third party.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Sign Up Forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
21 ENTIRE AGREEMENT
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
22 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of Bulgaria and the parties hereby submit to the exclusive jurisdiction of the courts of Sofia.