General Terms and Conditions for Coaching and Consulting
- Scope of application
These General Terms and Conditions govern the agreements in which the contractor Christina Herz (hereinafter referred to as “the consultant(s)”) supports the client through coaching. The subject matter of the contract is consulting services on a mental and business level aimed at supporting the client in the preparation and implementation of personal, business or professional decisions. For all business relationships between the consultant and the client, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the client shall not be recognized unless the consultant expressly agrees to their validity in writing. The customer is a consumer insofar as the purpose of the services ordered cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract. - Subject matter of the contract & scope of services
(1.) Upon commissioning, the General Terms and Conditions of the Consultant shall be deemed to have been accepted and agreed. Any deviations from these must be agreed in writing. Details of the assignment such as the task, duration, fee, etc. shall be set out in writing (assignment). The assignment comprises the agreed consulting activity and not the achievement of a specific result. The consultant’s services shall be deemed to have been rendered as soon as the meetings with the client have taken place. It is irrelevant whether or when the conclusions or recommendations are implemented. The knowledge imparted and the self-awareness are provided voluntarily and at the client’s own risk. Each client decides for themselves the extent to which they engage with the content, events, processes and exercises during the sessions. Subsequent changes and additions to the order or the main results of the work must be recorded in writing in order to be effective.
(2.) By clicking on the “Book now” button, the customer enters into an online offer to conclude a contract. A contract between the customer and the consultant is only concluded after the consultant has confirmed the order. The customer can select products from the consultant’s range online and collect them in a shopping cart by using the “Buy now” button. After entering his personal data, the customer can click on the “Continue” button and is then taken to the page where he can select his desired means of payment (PayPal, Venmo, Paylater, credit card). By clicking the “Buy now” button, the customer submits a binding purchase request for the products in the shopping cart. Once the application has been received, the customer can download an automatic invoice.
(3.) The consultant initiates the offline offer for the conclusion of a contract. The contract between the customer and the consultant is concluded upon payment of the invoice. - Confidentiality & data protection
(1.) The consultant is obliged to maintain confidentiality about all information relating to the client, even after completion of the assignment. Without the written consent of the client, this information may not be passed on to third parties, including written statements such as reports or recommendations. In addition, the consultant must store the documents provided securely and protect them from unauthorized access. The data may not be passed on to third parties in any way for advertising purposes. The consultant is obliged to comply with the applicable data protection regulations during the booking process and processing, in particular the German Federal Data Protection Act (BDSG), in order to ensure the security of customer data.
(2.) The privacy policy provides detailed information about the collection, storage and processing of personal data as well as the rights of the data subjects. By using the services, you confirm that you have read the privacy policy and agree to it.
(3.) The client has the option of revoking consent to be contacted by the consultant via various means of remote communication (e.g. email, SMS, telephone, messenger services, video call) at any time. To do so, the client must send an email to info@no-more-limits.com. In the message, the client must provide all contact options via which we should no longer be able to reach him. Incomplete information on the part of the client shall not be at the expense of the consultant. The time of receipt of the e-mail is decisive.
(4.) All personal data provided (e.g. name, address, telephone number, e-mail address, personal interests, financial situation, hobbies, character traits) are stored and processed by the consultant. Cookies within the advisor’s services and user behavior are evaluated, stored and analyzed.
(5.) In the event that outstanding receivables are forwarded to a factoring company, the consultant reserves the right to transfer all necessary client data to the relevant company. - Obligations of the client to cooperate
The services are based on preparatory discussions between the parties involved, which are based on cooperation and mutual trust. It should be noted that coaching is a free, active and self-responsible process in which certain outcomes cannot be predicted. Clients are accompanied and supported as process partners in making decisions and changes, but the actual change work is the responsibility of the client. It is important that the customer is willing and open to deal with their own situation. Advice and recommendations only serve as a guide for personal decisions and cannot replace them. - Terms of payment
(1.) The prices displayed on the Consultant’s website include the applicable statutory value added tax. The client is obliged to pay for all services provided by the consultant in advance, unless otherwise agreed in writing. Payment must be made no later than 48 hours before the agreed appointment, otherwise the appointment will be considered null and void and may be reassigned by the Consultant.
(2.) For the dispatch of digital products, it is the customer’s responsibility to ensure that he provides a correct e-mail address and regularly checks his SPAM folder. If necessary, he should ask the advisor where his digital product is located.
(3.) The offers are non-binding and may be subject to change. Unless otherwise agreed, travel costs, expenses and statutory VAT shall be added to the fee prices quoted. This also applies to fixed price offers. Remuneration for the consultant’s services is either based on the time spent (time-based fees) or is set as a fixed price, as agreed in writing. Fixed prices are due before the start of the project and will be invoiced accordingly. The invoice for coaching or consulting services is payable immediately upon receipt, unless otherwise agreed.
(4.) If required by the client, an installment payment agreement can be made. After approval by the consultant, the invoice amount is then to be paid in three consecutive monthly installments of 1/3 each by the 1st of the month at the latest. It is also possible to make an individual payment agreement. In the event of default, the entire amount is due immediately.
(5.) In the event of a return debit note, in particular due to insufficient funds in the account, the customer shall bear the bank charges incurred.
(6.) As already mentioned in point (1), there is an advance payment obligation with regard to the corresponding fee. - Liability
(1.) Customer claims for damages are excluded in most cases. Unless the client’s claims for damages are based on serious injury, injury to life, limb or health or the breach of essential contractual obligations (so-called cardinal obligations). In addition, the Consultant shall be liable for damages resulting from intentional or grossly negligent breaches of duty by the Consultant, his legal representatives or vicarious agents. Essential contractual obligations are those that are indispensable for the fulfillment of the purpose of the contract.
(2.) In the event of a breach of essential contractual obligations, the Consultant shall only be liable for the usually foreseeable damage caused by simple negligence, unless the Client’s claims for damages are based on injury to life, limb or health.
(3.) The restrictions pursuant to paragraphs 1 and 2 shall also apply to the legal representatives and vicarious agents of the Consultant if claims are asserted directly against them.
(4.) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the consultant has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the consultant and the client have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
(5.) Special disclaimer: The client is solely responsible for his/her decisions, actions and results in his/her life. Under no conceivable circumstances can the Consultant be held responsible/liable if the Client implements decisions, actions or work results in his/her life and business processes based on the coaching session. The Consultant does not provide professional medical, psychological, therapeutic, legal or financial advice. - Force majeure
In the event of impairment of the Consultant (e.g. due to illness) or events of force majeure that significantly impair performance or make it temporarily impossible, the Consultant shall be entitled to postpone the fulfillment of its obligations for the duration of the impairment and a reasonable start-up period. Both parties are obliged to inform each other immediately of such circumstances. If a coaching session cannot be carried out due to force majeure, such as severe weather, earthquake, or pandemic such as Covid-19, the obligation to perform on the part of the Consultant is suspended. In this case, the consultant assumes no liability for any costs associated with the session, including travel and accommodation costs. - Protection of the Consultant’s intellectual property
The Client undertakes to ensure that all reports, workbooks, drafts, drawings, e-books or other works produced by the Consultant as part of the assignment are used exclusively for the Client’s own purposes and are not published without express consent. Any use of the consulting services provided for the Client’s affiliated companies shall require a separate written agreement. - Rights of use
(1.) The consultant owns all rights to images, videos, texts, webinars, databases, etc. that he publishes (e.g. on Facebook or password-protected platforms). The use of this content without the consent of the Consultant is prohibited.
(3.) The Client is responsible for ensuring that the content provided by the Consultant is protected from access by third parties. The customer is prohibited from passing on his login data to third parties.
(4.) The distribution or reproduction of the content provided on our platforms by the consultant is strictly prohibited. Should the customer reproduce or edit content from the protected member area, pass it on to unauthorized third parties or enable them to access it, an appropriate contractual penalty shall be due, the amount of which shall be determined by us and may be reviewed by a court in the event of a dispute.
(5.) The customer does not have permission to use advertising texts/advertisements published by us on our websites or within forums/groups.
(6.) Exceptions to this reservation of consent apply to forms of use that are permitted on the basis of mandatory statutory provisions. - a Right of withdrawal for consumers
(1.) As a consumer, you have the right of withdrawal in accordance with the provisions of §10b.
(2.) The period for revocation begins immediately after conclusion of the contract. This contract is concluded for consultations, seminars and training courses as soon as you receive the booking confirmation for your consultation/training/seminar from us. You have 14 days to cancel your booking free of charge.
(3.) For digital products, the following special provisions apply with regard to the right of withdrawal:
(a) If you purchase a digital product (e.g. an online course, an e-book, an audio file, etc.) and wish to have immediate access to the entire product.) and receive immediate access to the entire content, you waive your 14-day right of withdrawal.
(b) We will inform you immediately BEFORE you complete the order as follows: You waive your 14-day right of withdrawal because:- you get immediate access to all course content and/or
- you can download the e-book, workbook, etc. immediately and/or
- we should start providing services (coaching/consulting) immediately.
CONSEQUENCES OF WITHDRAWAL
If you withdraw from this contract, all payments made by you will be refunded immediately and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract is received. The refund will be made using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. If you made the payment by bank transfer, please provide your account details again, as only part of your account details can be seen on the bank statement.
11. termination
Unless otherwise specified in the contract, it is possible to terminate the order at any time for good cause without notice. The termination must be made in writing to be effective. The services rendered up to the time of termination shall be remunerated in accordance with the terms of payment (§5).
12. other
(1.) The law of the Federal Republic of Germany shall apply to agreements between the Consultant and the Client, with the express exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods. Provisions restricting the choice of law and the applicability of mandatory provisions of the country in which the client as a consumer has his habitual residence remain unaffected.
(2.) If the Client is a merchant, a legal person, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Client and the Provider shall be the registered office of the Consultant.
(3.) Even if some parts of the contract should be legally invalid, the remaining parts of the contract shall remain valid. In such cases, the statutory provisions shall, as far as possible, replace the invalid parts.
(4.) The current version of these General Terms and Conditions shall apply at the time of the order. You can check the status of the General Terms and Conditions at the end of this document.
(5.) The exclusive place of jurisdiction is irrevocably Rellingen.
(6.) Please note that, in addition to the usual legal steps, there is also the option of out-of-court dispute resolution in accordance with Regulation (EU) No. 524/2013. Further information on this can be found in the aforementioned regulation and at the following Internet address: http://ec.europa.eu/consumers/odr. We do not participate in dispute resolution proceedings.
Rellingen, 06.05.2024
Version 1
Status 06.05.2024
