GENERAL TERMS AND CONDITIONS

Consulting Coaching Training

Scope

These general terms and conditions (“GTC“) apply to all business transactions between Jasmina Buhre, Consulting Coaching Training (“we” or “us”) and the clientele (“the Client“). Upon placing the order, the Client is considered to have accepted these GTC. Deviations from the GTC must be agreed in writing prior to the conclusion of the contract.

If the Client does not agree to these GTC, the Client may not use the Consulting, Coaching or Training (“the Service“). These Terms and Conditions incorporate by reference our Privacy Policy, which can be accessed here[A1] 

1 Obligation of the Client to cooperate

The Service is provided based on the initial conversation between the parties. The Consulting, Coaching, and Training are characterized by an active and individual process, whereby we support the Client as a coach. The Client continues to bear responsibility for him/herself, his/her decisions and actions within and outside of the Service provision.

2 Conditions

Depending on the agreement, a written offer is prepared for the provision of the Service. The scope of the order, the objectives and the fee will be set out in it. Once the order has been placed, the agreed conditions are binding for all parties to the contract.

For unlimited offers the price fixing expires after 3 months.

Unless otherwise agreed, invoices are issued after the Service has been rendered and are payable within 10 days.

3 Cancelation

Coaching and Consulting: A cancellation of the Service free of charge is possible up to 24 hours before the appointment, for Monday appointments up to Friday 12.00 o’clock, after that the fee is due in full.

Workshops and Trainings: If the Service is cancelled up to 30 days before the appointment, we will charge the preparatory work incurred up to this point, including expenses (according to the agreed hourly or daily rate for implementation). In the event of cancellation between 14 and 29 days before the appointment, 50% and in the event of cancellation less than 14 days before the appointment, 100% of the amount of the Service fee will be charged.

If an appointment is cancelled by us, the Client will receive a refund of the fee already paid for the Service not yet provided. In the case of cancelled appointments, an alternative date will be offered if possible. Further claims due to a cancelled appointment are excluded.

4 Intellectual property

All intellectual property rights, in particular all copyrights, to presentations, drawings, illustrations, plans, photographs, designs, brochures, texts (“the Content”) created by us, irrespective of their protectability and form, remains exclusively with us.

Unless expressly agreed in advance, the Client may not make the Content acquired in the Consultation, Coaching or Training available to third parties.

The Client remains the owner of all intellectual property rights to the information he/she provides to us.

5 Liability

The Service, as well as all Content, recommendations, information, and materials contained therein are provided “as is” and without warranties of any kind. Our Coaching, Consulting, and Training are pure service activities. Success, in whatever form can therefore not be guaranteed and is also not owed.

Any liability is excluded. The use of the Service is at the sole risk of the Client.

The limitations in this section do not apply to loss or damage caused by wilful misconduct or gross negligence, or to the extent prohibited by applicable law, or to personal injury.

For direct damages, our liability is limited to the amount paid for the provision of the Services in the 12 months prior to the occurrence of the harmful event.

The Client cannot assert any claims or proceedings in relation to the Service or otherwise within the scope of these GTC against auxiliary persons, partners or clients of ours. Claims or proceedings may only be brought against us.

Neither party is liable for any breach of these GTC (other than payment obligations) due to circumstances beyond its control (force majeure).

The Client indemnifies and holds us harmless from and against any and all claims, liabilities, losses, costs, penalties and damages, including reasonable attorneys’ fees, arising out of the Client’s breach of Client’s obligations.

This Service is not a substitute for any necessary medical or psychiatric treatments and therapies. The use of the Service requires a normal mental and physical resilience.

6 Confidentiality

We will take all reasonable steps to keep all known business, commercial and private matters of the Client strictly confidential.

We use and disclose confidential information of the Client only upon instruction or insofar as this is necessary for our Services and the disclosure of information due to mandatory statutory provisions or official orders or if a risk of personal injury or injury to third parties of the Client is apparent.

7 Final provisions

Severability: If any provision of these GTC (in whole or in part) is unlawful, invalid, or otherwise unenforceable, the remaining provisions remain in full force and effect.

Changes: We reserve the right to change these GTC at any time. The Client is expected to review these GTC on a regular basis. In the event of significant changes, the Client will be informed in advance and within a reasonable period of time. Any amendments to these GTC must be made in writing and only supersede the GTC if they expressly refer to the relevant clauses.

Entire Agreement: These GTC constitute the entire agreement between the parties and supersede all prior agreements relating to the subject matter hereof. Notwithstanding the foregoing, certain portions of the Service may contain additional terms. In the event of any conflict between these GTC and such additional terms, the additional terms prevail.

No Assignment: Neither party may assign any of its rights, obligations or claims under this agreement.

Jurisdiction and applicable law: The parties agree that all legal relations arising from this contractual relationship are governed by Austrian substantive law, excluding the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes in connection with the performance of this contractual relationship are the ordinary courts in Vienna, Austria.