- Definitions
- Terms and Conditions: the full set of Terms and Conditions that are stated below in this document.
- Client: an individual or legal entity that enters into an Agreement with Haileynoa.com.
- Coach Session: a personal conversation between Haileynoa.com and Client within the scope of the Agreement, with the purpose of the personal development of Client.
- Services: all offers, assignments, contracts, issued quotations, offered Services, coaching programs, (digital) products, (digital) programs/courses, other activities and Agreements in which Haileynoa.com is one of the offering Parties.
- com: the sole proprietorship HaileyNoa.com, whose statutory seat is in Amsterdam, The Netherlands, registered at the Dutch Chamber of Commerce under file number 68883250.
- Materials: all documents, assignments, advices, rapports, (online) learning environments, videos, audios, quotations and/or preparation material that has been made available or used in regards of the Services.
- Agreement: the Agreement between HaileyNoa.com and Client, which HaileyNoa.com shall perform in collaboration with Client.
- Quotation: price offers that have been made by HaileyNoa.com
- Party: HaileyNoa.com or Client.
- Parties: HaileyNoa.com and Client jointly.
- Written: traditional Written communication as well as digital communication such as, but not limited to, email and WhatsApp.
- General
- These Terms and Conditions apply to all Services offered by Haileynoa.com, unless agreed otherwise.
- Terms, Agreements and contracts that differ from these Terms and Conditions are only valid when a Written confirmation has been made by Haileynoa.com.
- With signing the Agreement and/or Quotation, Client declared to have taken notion from the Terms and Condition and that he/she agrees with this.
- Introductory meetings
- Introduction meetings between Haileynoa.com and Client are free of charge.
- An Introductory meeting is the first meeting between Client and Haileynoa.com with the purpose of exploring if Parties want to enter into an Agreement with each other.
- Introductory meetings are non-binding and confidential.
- The Agreement
- Parties enter into an Agreement when both Parties have signed an Agreement or in another way have stated in writing that Parties wish to conclude an Agreement. How this is done is free of format.
- When Parties have signed an Agreement regarding to a coaching program and the regarding invoice has been paid, the first session will be planned.
- com is not obligated to perform the agreed Services when the payment obligation has not been fulfilled by Client.
- Rights and Duties HaileyNoa.com
- The Agreement between Parties is a ‘best effort Agreement’. This means that Haileynoa.com shall put in use all of her available resources to guide Client to the best of her ability for the duration of the Agreement. Also, Haileynoa.com will put in her best effort to guide, mentor and coach Client for the duration of the Agreement.
- com shall do her best to guide and coach Client for the duration of the agreement.
- com offers no guarantees regarding the result of the Agreement and/or any coaching Services.
- com shall offer all Services that have been agreed to in the Agreement.
- In between Coach Sessions, Haileynoa.com is unlimited available to answer any questions that Client may have.
- Rights and Duties Client
- The Agreement between Parties is a ‘best effort Agreement’. This means that Client shall put in her best effort to reach the goals that he/she has set for herself in light of the Agreement for the duration of the Agreement.
This means that Client:
- shall be on time for the Coach Sessions.
- will have finished and email the assigned homework to Haileynoa.com at least 2 hours prior to the next Coach Session.
- has a serious intent to change and personal growth.
- will make every effort to ensure he/she is at a peak mental, physical and emotional state for each Coach Session.
- is ready to work and receive feedback. Client is willing to try new ways of learning, be honest and open, keep commitments and inform Haileynoa.com immediately when things are not working for you.
- is willing to explore, challenge and change thoughts, feelings and actions that he/she recognizes as self-defeating.
- is willing to wholeheartedly try new concepts or different ways of doing/approaching things.
- Client will pay the amount that has been agreed in the Agreement within the payment term.
- Client shall provide all information that is relevant for the fulfillment of the Agreement.
- Client is aware that the Services of Haileynoa.com are not psychological or psychiatric counseling.
- The agenda of a Coach Session belongs to Client. If a Coach Session is not heading in the direction Client would like, if Haileynoa.com ever says anything you don’t feel comfortable with or if Clients has a concern with the way the Sessions are proceeding You will let Haileynoa.com know immediately. You are also allowed to make suggestions for the content of a Coach Session.
- Client enters into this Agreement with the full understanding that she is solely responsible for creating her own results. Client understands that achieving your goals (in whole or part) cannot be guaranteed and no warranties are given.
- Client is aware that coaching is not counselling, psychotherapy, psychoanalysis or any other form of mental health care treatment or therapy, nor is it to be used as a substitute for professional advice by legal, medical, financial, business or other qualified professionals.
- Payment
- The payment obligation of Client starts on the day on which the Agreement has been entered.
- All invoices that have been sent by Haileynoa.com need to be paid within the term that is stated on the invoice.
- Client is entitled to the agreed Services when the Invoice has been paid, unless agreed otherwise.
- If Client does not pay the invoice within the set term, but her/she did already make use of any of the Services as described in the Agreement, Client will automatically be in default, without the need of any additional formal notice.
- In case of liquidation, bankruptcy, debt restructuring, suspension of payment of Client, all outstanding claims will immediately fall due and be payable.
- Intellectual property
- All rights of (intellectual) property of the made available Materials belong to Haileynoa.com
- The Materials that have been made available by HaileyNoa.com may never fully or partially, be multiplied, duplicated, copied, sold, used for commercial purposes, or in any other way that is not strictly personal be used, unless agreed otherwise.
- Client can only use the Materials for his/her personal development. Client is not allowed to share the Materials with others.
- All the Materials and everything that should reasonably fall under this term, are protected by the copyright and/or/ intellectual property right and/or/ industrial property right laws under the applicable law.
- Liability
- All Agreements entered in between Haileynoa.com and Client are “best effort Agreements”. Haileynoa.com can never be liable for Client not reaching his/her desired outcome.
- Except in the case of willful intent or conscious recklessness, Haileynoa.com can never be liable for any damages that Client suffers in relation to the Agreement.
- If despite these Terms and Conditions, HaileyNoa.com should be liable, then only direct damages is eligible for compensation. Every liability is capped to the amount of the last invoice that has been paid by Client.
- Direct damages, as mentioned in article 9.3 can only be:
- the reasonable costs for determining the cause and size of the direct damage;
- any reasonable costs made to allow the faulty performance of Haileynoa.com to comply with the contract, unless they cannot be attributed to Haileynoa.com;
- any reasonable costs made to prevent or reduce the damage, in so as far as Client is able to prove that these costs have contributed to the reduction of the direct damages as referred to in these Terms and Conditions.
- Confidentiality
- Parties are obligated to keep all the information that they receive in connection with the Agreement confidential.
- Information can be seen as confidential when a Party has communicated this or when this results from the nature of the information.
- Any provided information/documentation by Haileynoa.com such as reports and advice are strictly meant for Client and cannot be made public without the prior consent of Haileynoa.com
- com reserves the right to use information that she has gained from the Agreement for other purposes, as long as this does not breach confidentiality.
- Termination of the Agreement, Force Majeure, Refunds
- com reserves the right to terminate an Agreement midterm without giving any reason. In that case, any unused Coach Sessions will be refunded to Client.
- If Client pays in installments, and a payment of an installment is made to late, Coach has the right to immediately terminate the agreement, without the obligation to refund unused Coach sessions, unless agreed otherwise.
- Sessions that have been used by Client are never eligible for refunds.
- Coaching programs are only eligible for refunds if they are requested within the first 30 days after closing the Agreement.
- If Client should wish to terminate the Agreement within the above mentioned 30 days, he/she needs to announce this in writing at least 8 days prior to the desired termination date. In that case, Client will explain explicitly and extensively why he/she wishes to terminate the Agreement. Haileynoa.com reserves the right to not accept the request for termination of the Agreement and wish for fulfillment of the Agreement. If Haileynoa.com accepts Clients reason to terminate the Agreement, Haileynoa.com will only refund the amount that is equivalent to the value of the unused Coach Sessions at that point.
- Deposits are never refundable.
- (Digital) Services and products, such as, but not limited to, courses, trainings, workshops, webinars, (e)books, (e)workbooks, are never eligible for refunds.
- com is not held to fulfill the Agreement in case of force majeure. If the state of force majeure still exists after 90 days, both Parties are allowed to terminate the Agreement. Services that at that time have already been provided will be settled accordingly.
- Cancellation
- com reserves the right to (partially) charge for a Coach Session if Client wishes to cancel a session within 24 hours of the made appointment.
- com reserves the right to cancel a Coach session. Haileynoa.com also reserves the right to cancel a Coach Session within 24 hours of a scheduled Coach Session. In both cases will a new appointment be made.
- Applicable law and Jurisdiction
- On every Agreement and consequent legal relationships between Haileynoa.com and Client, Dutch law shall be applicable.
- Parties will only start legal procedures after they have extensively tried to settle any issues outside of the court room.
- Unless binding law states otherwise, the judge that is allowed to rule on a legal matter is the judge that is seated in the place of business of Haileynoa.com.
- Closing conditions
- If any term, condition, or provision of the Agreement or these Terms and Conditions is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.
- com reserves the right to change the rates for her products and Services. In principle, this will not affect the terms of already entered Agreements at the time of the change. It can affect new and future Agreements.