Terms and Conditions

Terms and Conditions

Whereby Coach agrees to provide Coaching Services for Client as attached to this Agreement as Schedule A. 

Description of Coaching: Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals. Coaching is not a result-based performance but is only being done by best effort. 

Art. 1) Coach-Client Relationship:
A. Coach agrees to maintain the ethics and standards of behavior established by the International Coach Federation “(ICF)” (Coachfederation.org/ethics). It is recommended that the Client review the ICF Code of Ethics and the applicable standards of behavior. 

  1. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. 
  2. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
  3. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.   
  4. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
  5. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program. 
  6. In addition, these terms & conditions are applicable on the Coaching contract between Coach and Client, such without any other Client referred or implied (general) conditions.

Art. 2) Services: 
The parties agree to engage in a coaching service through virtual meetings. Coach will be available to Client by e-mail, Slack and Zoom in between scheduled meetings as defined by the Coach. Coach may also be available for additional time, per Client’s request on a prorated basis rate of €150,- an hour (for example, reviewing documents, reading or writing reports, engaging in other Client related services outside of coaching hours). Performance of interacting couching is being done life or virtual from coaches’ institute in the Netherlands. 

Art. 3) Schedule & Payment: 
1. This coaching agreement is valid as of the date the contract is signed by the client and owner. Total payment must be received before starting the first session. If no payment plan is selected, the client agrees to pay the invoice fully before the start of the program. 2. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.

Art. 4) Procedure: 
Coach is committed to provide all clients in the Program with a positive Program experience. The time of the coaching meetings and/or location will be determined by Coach with a preference for “Zoom” as a cloud-based video conferencing service that can be used to virtually meet clients by video and/or audio. The calls/meetings shall be approximately 60 minutes time. Client can freely use the time blocker in the ‘meeting agenda’ of the coach for the intended reservation of sessions.

Art. 5) Confidentiality: 
This coaching relationship, as well as all information (documented or verbal) that the Client shares with the Coach as part of this relationship, is bound by the principles of confidentiality set forth in the ICF Code of Ethics. However, please be aware that the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognized privilege. The Coach agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Coach will not disclose the Client’s name as a reference without the Client’s consent. 

Confidential Information does not include information that: 
(a) was in the Coach’s possession prior to its being furnished by the Client;                                            
(b) is generally known to the public or in the Client’s industry;                                                         
(c) is obtained by the Coach from a third party, without breach of any obligation to the Client;
(d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or                                                                                                             
(e)the Coach is required by statute, lawfully issued subpoena, or by court order to disclose;    
(f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and          
(g) involves illegal activity;
The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner. 

Art. 6) Release of Information: 
The Coach engages in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all Clients for possible verification by ICF. By signing this agreement, you agree to have only your name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship, no personal notes will be shared. Coach acknowledges that he will accept en perform according the obligations of the EU Regulation on data protection.

According to the ethics of our profession, topics may be anonymously and hypothetically shared with other coaching professionals for training, supervision, mentoring, evaluation, and for coach professional development and/or consultation purposes. 

Art. 7) Cancellation of meetings Policy: 
Client agrees that it is the Client’s responsibility to notify the Coach 48 hours in advance of the scheduled calls/meetings. Coach reserves the right to bill Client for a missed meeting. Coach will attempt in good faith to reschedule the missed meeting. 

Art. 8) Refund Policy: 7-Day Money Back Guarantee
In the case the client has enrolled TubeCreator Academy, the 7-Day Money Back Guarantee will be applicable. All other coaching services are non-refundable.

We want you to be satisfied with your purchase, but we also want you to give your best effort to apply some of the game-changing strategies you’ll learn in the program. In the case that you decide your purchase was not the right decision, within 7 days of enrollment, contact our support team at info@woutermanders.com and let us know you’d like a refund by the 7th day at 11:59 EST. Refund rate will be 95% of the total initial amount due, related to settlement of administration fees.

Notes about our refund policy:
1. Within the first 7 days from original date of purchase, you can request a refund as mentioned in art. 8 above.
2. No refunds will be given after 7 days from the original date of purchase. After day 7, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you use the information or not.
3. All refunds are discretionary as determined by woutermanders. If you download all the materials, take advantage of the special deals/discounts and then ask for a refund. We reserve the right to deny your request. Why? Our generous refund policy was built to give people the opportunity to see if the Program is a good fit. Stealing the material is NOT covered under this policy.
4. To further clarification, we will not provide refunds after the 7 day from your date of purchase (not even one day afterwards) and all payments must be made on a timely basis.

If you have any questions or problems, please let us know by contacting our support team directly. Support can be reached at info@woutermanders.com

Art. 9) Record Retention Policy: 
The Client acknowledges that the Coach may disclose his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. If so, such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 5 years. 

Art. 10) Termination: 
By purchasing this Coaching Program, Client agrees that the Coach may, at his sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments or agreed installments if Client becomes disruptive to the Coach or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by the Coach. Client will still be liable to pay the total contract amount.
Client is not entitled to cancel any sessions of the Coaching Program after the first session. In that case there will be further obligation of payment for the following/next sessions. 

Art. 11) Client Responsibility: 
The program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client him/her self is 100% responsible for their progress and results from the Program. Coach makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach any goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Coach assumes no responsibility for errors or omissions that may appear in any program materials.

Art. 12) Limited Liability: 
Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages.

Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date. 

Art. 13) Disclaimer: 
Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will overcome low self-esteem, shyness and other mental issues. Examples in these materials are not to be interpreted as a promise or guarantee. The potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get confident quick scheme.” Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success. Nor are we responsible for any of your actions. 

Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Art. 14) Disclaimer: No Transfer of Intellectual Property
Coache’s program is IP copyrighted © and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Coach’s intellectual property for Client’s business purposes. All intellectual property, including Coach’s copyrighted program and/or course materials, shall remain the sole property of the Coach. No license to sell or distribute Coach’s materials is granted or implied. By purchasing this product, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Coach is confidential and proprietary, and belongs solely and exclusively to the Coach, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Coach. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Coach will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Art. 15) Entire Agreement:
This document will be defined as the additional general terms and conditions being applicable on the main contract. The main contract and these general terms & conditions reflects the complete understanding of the parties, with respect to the subject matter and will be considered as the entire agreement between the Coach and the Client. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in (and in respect of and taking into account of the specific clauses as stated in these general terms and conditions) only writing signed by both the Coach and the Client. 

Art. 16) Dispute Resolution:
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to (certain amount of time such as 30 days) after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees, interests and court costs from the other party. 

Art. 17) Severability: 
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement 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. 

Art. 18) Waiver: 
The failure of either party to enforce any provision of this Agreement 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 this Agreement. 

Art. 19) Applicable Law:
This Agreement shall be governed and construed exclusively in accordance with the laws of the Netherlands, Arrondissement Oost-Brabant, without giving effect to any conflicts of laws or provisions. 

Art. 20) Modification: 
Coach may modify terms of this agreement at any time. All modifications shall be posted on the Coach’s website and purchasers shall be notified.

Art. 21) Binding Effect: 
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns. 

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