TERMS & CONDITIONS IVONNE VAN DIS
This “Agreement” confirms that Ivonne van Dis, a Dutch corporation (“we” or “us”), will provide you with the Businessreading and coaching as described in the Scope of Work in this Agreement.
Scope of Work
Your businessreading is taking place remotely (the information is on the energy of the name), your businessreading is sent to you in an audio file, we schedule a meeting on zoom for the coaching call, we meet each other online on zoom.
Rules of the Game
We believe that “showing up” is a key element to achieving the success you desire. We promise to “show up” for our work together and we expect you to do the same. We ask that you are respectful of our time, and we will do the same for you. This means being responsive to emails, coming to all sessions on time, and giving advanced notice of cancellation. It also means being prepared for all sessions so we can make the highest and best use of our time together.
We are taking you through a process designed to transform your business results, and you agree to follow all assignments that we issue. If you fail to complete the assignments in the time allotted, we reserve the right to terminate further coaching sessions/calls until you complete the assignment. Any terminated coaching sessions are not refundable.
Fees and Payment
You agree to pay the fees described in the Scope of Work (the “Fee”) and any other charges described in this Agreement. In the event any payment due under this Agreement is late, your participation in the program will be suspended until payment is made.
We charge a 2% (two percent) late penalty on all balances due that are not paid within five days. We reserve the right to immediately suspend all services if your account is beyond five days overdue.
When you make a commitment to up level your business by working with us, we want to support you fully in that commitment. Therefore, there are no refunds and you agree that you will be responsible for the full Fee regardless of whether you complete the program.
We provide businessreading and consulting services only. You agree that you have evaluated your ability to pay the Fee with your independent consultants, in light of your financial position and circumstances, and you verify you are able to pay the Fee and will not be unduly burdened by payment of the Fee.
This Agreement will end either (1) automatically upon completion of the Services, (2) automatically upon written notice by us if you fail to make timely payment(s) under this Agreement or (3) immediately if we give you written notice for good cause, which, in addition to a material default by you, includes if you do not complete your assignments or other responsibilities as described above and discussed with you.
If you become incapacitated or die (in other words, physically or mentally unable to complete the program), this Agreement will automatically terminate. Notwithstanding anything herein to the contrary, you or your estate will not be obligated to continue making payments under this Agreement beyond what has already been paid up to the date of termination. No refunds will be issued for funds received prior to the date of termination.
We value your trust and respect your right to privacy and confidentiality. We will not disclose or use any of your Confidential Information that we learn of during the course of our work together without your consent. If you participate in one of our group coaching packages, you agree to treat any information you learn about other group members as Confidential Information.
“Confidential Information” includes any information you disclose to us while we are working together. It does not include information that (1) is or becomes available to the general public, (2) is already known to us before you disclose it, or (3) that we rightfully receive from a third party.
All materials we provide to you, whether or not they are eligible for copyright or other intellectual property right protection, are for your use only and you are not authorized to share, copy, distribute, or otherwise disseminate the Materials without our prior written consent. All of our intellectual property, including all materials and trade secrets, processes, techniques and procedures, is our sole property (the “Materials”).
If you make any changes, suggestions, enhancements or improvements (each, a “Change”) to any of our Materials and own the copyright to those Changes, you hereby assign to us, for no additional consideration, all of your rights, including copyrights, in all works prepared by you under this Agreement. You agree to promptly sign and deliver any documents and take any actions that we reasonably request to establish and perfect the rights assigned to us under this provision. If you are unable or unwilling to sign any further documents necessary to convey the rights set forth in this Agreement, you appoint us as your true and lawful attorney-in-fact with full power of substitution.
You understand that nothing in this Agreement gives you a license to share, copy, distribute, trade, re-sell or otherwise exploit any Materials for any commercial or non-commercial purpose. You may not transfer or assign this Agreement without our written consent.
We are committed to helping you achieve your goals, but you are solely responsible for your progress and results from the Services. We have made every effort to accurately represent the Services, but ultimately, your participation and commitment to the program are up to you completely. We make no representations or guarantees regarding performance other than those specifically written in this Agreement.
Our Services do not constitute counseling, psychotherapy or psychoanalysis or deal with the diagnosis or treatment of medical issues. You acknowledge that we do not provide medical treatment and that you will seek medical, therapy or psychotherapy services, if needed. We are glad to refer you to qualified professionals as needed.
Because of the nature of the Services, the results experienced by clients vary significantly. You accept responsibility for this variance. We are not responsible for any decisions you make as a result of the Services, or for any consequences of those decisions. We disclaim the implied warranties of titles, merchantability and fitness for a particular purpose.
Limitation of Liability
You release us, our employees, associates, representatives, independent contractors and related entities, from any and all risks, foreseeable or unforeseeable, arising out of any transaction between us.
We will not be liable to you for any amount greater than the Fees paid by you to us during the six (6) month period preceding the date in which the cause of action arose. We will not be liable for any indirect, consequential or special damages in any form.
You agree to indemnify us and hold us harmless and our directors, employees, agents, assistants, attorneys and other representatives, as well as any predecessors, successors and affiliates (collectively hereinafter, “ us ” or “ we ”) from and against any and all claims, demands, causes of action, judgments, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “ Loss ”) arising out of or incident to, either directly or indirectly, (1) any act or omission arising out of this Agreement, and (2) your gross negligence or willful misconduct. We will retain control over the defense of, and any resolution or settlement relating to, such Loss. You will cooperate with us and will provide reasonable assistance in defending any such claim. Mediation, Arbitration, Applicable Law & Severability
We will attempt to resolve any dispute in connection with this Agreement on an amicable basis, through our prompt, good faith discussions and non-binding mediation. Any dispute that we cannot resolve ourselves will be determined by final and binding arbitration in Amsterdam, The Netherlands, before a sole arbitrator who will award attorneys’ fees and other costs to the substantially prevailing party. The arbitration award will be in writing and will specify the factual and legal bases for the award. Judgment on the award may be entered in any court having jurisdiction. Notwithstanding anything in this Agreement to the contrary, if either party initiates arbitration before mediation, that party will be responsible for the other party’s attorneys’ fees and costs of arbitration.
This Agreement will be governed by Dutch law, without regard to principles of conflicts of law. If any part of this Agreement is invalid or unenforceable or in conflict with the law of any controlling jurisdiction, that provision will be severed from this Agreement and the validity of the remaining provisions will not be affected.
This Agreement has all of the terms of our relationship. These written terms of engagement are not subject to any oral agreements or understandings, and they can be modified only by written agreement signed by both of us. The waiver by either party of a breach or violation of any provision of this Agreement does not constitute a waiver of any subsequent or other breach or violation.
Ivonne van Dis,
CEO IVONNE VAN DIS AUGUST 2020
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