GENERAL TERMS AND CONDITIONS OF CONTRACT
These general terms and conditions of contract, hereinafter referred to as ’GTCC’, are to regulate the terms and conditions of use of the services, in particular coaching and the related supplementary services, provided by Bernadett Dara private entrepreneur and ITC Wellbeing Ltd – Eszter Dara company director, hereinafter referred to as the ’Providers’ or ’Coaches’ via www.innertruthconversations.com (’Website’), hereinafter referred to as ’Services’.
These GTCC form the integral part of the contract concluded with the Client under section 4 hereof. By accepting the contract offer under section 4, the Client acknowledges that in respect of the provisions not regulated separately the provisions of the GTCC shall apply and the Client undertakes to apply them by accepting the contract offer and using the Service. The currently effective text of the GTCC is available on the Providers’ website (www.innertruthconversations.com).
- The Providers:
Name: Bernadett Dara private entrepreneur
Registered seat: 1065 Budapest, Nagymező u 68.
VAT No.: 55602860-1-42
Name: ITC Wellbeing Ltd – Eszter Dara company director
Registered seat: Building 3 North London Business Park, Oakleigh Road South, London, United Kingdom, N11 1GN
Company number: 14523614
E-mail address: email@example.com
- Description of the Service
The Providers render support and assistance by means of coaching to the client if the partner is a natural person or to the person designated by the client if the partner is a legal entity in finding the way to the objective set by him or her and in deepening his or her self-knowledge. The coaching Service is available only online, based on a prior appointment, by holding ‘sessions’ (hereinafter referred to as the ‘Service’).
The purpose of the Service is to render support to the participant (hereinafter referred to as ’User’) in drawing closer to his or her own internal world, understanding the individual points of his or her internal operation and so in achieving personal development. The Service is also intended to achieve development in the designated fields as agreed upon in a preliminary conversation between the User and the Coach.
Each visitor (User) has an opportunity to apply once for a free 50-minute preliminary ‘pre-coaching’ conversation through the website using the ‘Book a free call’ option by completing and sending an online form.
- The Client
The Providers shall provide the Service both to legal entities and natural persons (hereinafter referred to as ’Client’). If the Client is a legal entity, the Client shall designate a user (“User”) to whom the Coaches will provide the Services. As a private individual, the Client may only be a natural person above 18 whose legal capacity is not restricted.
Individuals under 18 may not use the Service. The Provider is not in a position to verify the age or the content of any statement of the User, so the User will be responsible to decide whether he or she is entitled to use the Service or not.
The rules defined in the GTCC are binding to the Client – or if the Client and the user of the Service (User) are not identical, also to the User – who, by accepting the contract offer and using the Service, confirms that he or she has become aware of the provisions of the GTCC and acknowledges them as binding for himself or herself.
The Client shall promote the Providers’ contractual activity by providing the necessary information in due time so that if the Client fails to provide such information or provides it late, the Providers shall bear no liability for their late performance arising therefrom.
- Entry Into of the Legal Relationship Between the Parties; the Individual (Service) Contract; Relation Between the Individual Contract and the GTCC; Cooperation Between the Parties
The Providers and the Client hereby enter into a (service) relationship. When the Client accepts the Providers’ written offer sent by e-mail, a contract is entered into between the parties as specified therein. The Providers’ offer and the contract between the parties will be sent and stored electronically on devices enabling distance communication. In the matters not regulated specifically therein, the provisions of the GTCC shall apply, the knowledge and acceptance of which shall be confirmed by the Client and the User by accepting the offer and using the Service.
Acceptance of the offer shall include, depending of the type of the Service, the Client’s name, address, e-mail address, the total amount of the consideration for the Service (Service Fee) including tax and, if appropriate, the details required for invoicing the Service Fee.
The offer shall include the Providers’ scope of Services undertaken to be performed by the Providers. The Providers or the User may conclude a contract with the Client, at their discretion or as agreed upon by the parties, to be settled by individual occasions (sessions) or for 6 occasions (sessions).
The offer shall include, depending on the type of the service, the total fee of the Services, the opportunity for changing the fee and the cases when it may be changed provided that, unless the parties otherwise agree, any deviation therefrom may only be made by amending the contract.
The legal relationship between the parties for the Service may be terminated:
- if any party ceases to exist without a legal successor or, if the Client is a private individual, if the party dies;
- if any reason for automatic termination occurs (e.g. the Service Fee payable in advance is not paid);
- by mutual agreement of the parties;
- either party may terminate the contract in writing by a 30-day notice, in which case the Providers will be entitled to receive the consideration of the Services already provided by them till then;
- Should either party grossly breach his or her obligations hereunder, the other party will be entitled to terminate the contract in writing, with immediate effect, without giving the reasons therefor (e.g. if either party breaches his or her confidentiality obligation, if the Client fails to meet his or her payment obligation, etc.).
The Client acknowledges and agrees that the Providers (coach(es)) and the User(s) will make an appointment at the latest during the preceding session.
The User(s) may cancel an appointment date and time free of charge at the latest 48 hours beforehand. In such a case the Service may be cancelled free of charge and 100% of the fee paid shall be reimbursed by the Providers to the Client within 8 business days or, if several occasions are agreed upon, it may be carried over to a new appointment.
Should an appointment date and time be cancelled within 48 hours prior to commencement of the relevant session or should the User(s) fail to appear in the session within 15 minutes after the starting time without cancellation:
- the Client shall pay the Service Fee, or
- if several occasions are agreed upon, the relevant session shall be deemed to have been held, or
- if payment was effected in advance, the Providers will be entitled to retain the Service Fee and will not be obliged to reimburse it.
Should the User change an appointment date and time due to any extraordinary hindrance (accident, sudden sickness, force majeure event) and demonstrates such extraordinary hindrance to the Client, then the Client may offer a new appointment date and time to the User within a period of 30 days after the original appointment.
The Providers or Coaches may cancel an appointment date and time at the latest 24 hours beforehand provided that, in the case of cancellation, the Providers or Coaches shall offer to the User a new appointment date and time within 15 days or 100% of the Service Fee shall be reimbursed by the Providers to the Client within 8 business days.
The Client acknowledges that if a given session is not held for any reason and the Client is entitled to set a new appointment date and time therefor, such appointed date and time may be used within not more than 30 days after the original appointment. Should no new session be held within 30 days after the original appointment date and time for a reason attributable to the Providers, the Client will be entitled to retain the Service Fee paid in advance.
The legal relationship between the parties is entered into for a definite term, until the sessions covered thereby are held, but for not more than 180 days, excluding the option to extend the contract or transform it to a definite-term contract after lapse of the definite term.
If the contract is concluded for several occasions and with natural persons, the Client expressly states by signing the contract that the Providers should start performance of the Service in advance, so the Service Fee shall be paid in advance, in a single amount and the Client expressly acknowledges by signing the contract that he or she will forfeit his or her right of termination after performance of the whole Service.
- Confirmation of Applications
Applications may be sent directly to the Providers via the website by e-mail or using the ’Book a free call’ option. The Providers shall review the applications received and confirm their receipt or send their relevant offer to the inquirer. The Provider reserves the right to reject an application received without giving the reasons or to refuse conclusion of the contract with the inquirer. The applications accepted will be confirmed by e-mail.
- Service Fee
The Providers shall in each case send by e-mail a separate quotation for performance of the Service, which shall be confirmed by the Client and deemed as accepted by the Client thereafter. Conversation 0 (a 50-minute pre-coaching conversation) shall be free for each new Client.
The parties agree that the Client shall pay the Service Fee to the Providers by a bank transfer within not more than 48 hours preceding holding of the relevant session or, if several occasions are agreed upon, preceding holding of the first session. The parties agree that should the Service Fee not be paid to the Providers hereunder, the Providers shall not be required to provide the Services under the contract and/or these GTCC and the contract between the parties will not come into force.
- Rights and Obligations of the Provider
- The Providers undertake to provide the Service advertised by them and used by the Client at the highest possible standard, taking the professional rules and standards into consideration
- The Providers undertake to deliver any information, data, description and method they delivered in the course of provision of the Service taking the professional standards and legal regulations into consideration, in full compliance with the ethical rules relating to the profession.
- In addition to delivery of the information detailed in section 7.2, the Providers undertake no commitment to achieve any result, so the Providers shall not be held accountable in any way for the utilization or success of application of the information, data and methods delivered.
Accordingly, the parties agree that, owing to the nature of the Service, the Providers shall take no implied warranty, product warranty or guarantee for the success and applicability of the Service.
- The Providers’ Service shall not be deemed to be a healthcare service and the Providers shall not be entitled to pursue under this Service Contract activities falling within the scope of psychotherapeutic practice subject to medical experience and health qualification and non-conventional therapeutic and naturopathic procedures within the meaning of Section 103(1) of Act CLIV of 1997 on Health (hereinafter referred to as ’Health Act’).
- The Providers shall be entitled to amend the provisions of the General Terms and Conditions of Contract unilaterally, which shall be published on the Website together with the effective date thereof.
- Rights and Obligations of the Client
- The Client shall be entitled to use the Service he or she ordered by himself or herself (in case of natural persons) or through the User.
- The Client himself or herself or the User shall be entitled to use the information, data and methods received in the course of provision of the Service for the purposes of own self-development.
- The Client himself or herself or the User shall not be entitled to re-sell the information, data and methods received in the course of provision of the Service, to refer to them as his or her own intellectual work or to use them in any way.
- The Client shall inform the Providers immediately of any change in the details provided by him or her.
- Exclusion of Liability for Damages
The Providers shall exclude their liability for damages occurred in connection with the completeness of the Service and performance of the contract to the fullest possible extent permitted by applicable laws.
The Contracting Parties represent that the website www.innertruthconversations.com, its elements and all the materials published or sold through it that are deemed to be works protected by copyright shall be the property of the Providers. Nothing in the contract can be construed so that the Providers acquire any right of use or other copyright for either the part or the whole of such materials thereunder.
The materials available on the website and/or made available by the Providers, including those disclosed during the session, may only be used in connection with the Service provided by the Providers and for the Client’s own purposes. Reproduction, copying and any use or citing for other works of the whole or part of the materials available on the website and/or made available shall be allowed only with the Providers’ consent, without which any such act shall be deemed as an infringing act.
The parties specifically agree that the Client shall not be entitled to record, reproduce, publish or disclose the sessions and any such act shall be deemed as an infringing act.
The code of conduct within the meaning of the act on the prohibition of unfair commercial practices shall not apply to Clients who are private individuals (natural persons).
Any fee for use of the devices enabling distance communication used for conclusion of the contract, as well as any fee of all devices, subscriptions, etc. required for use of the Service shall be borne by the Providers so that the amount thereof shall be based on the Providers’ own access and the Client shall charge no separate fee therefor.
For Clients who are private individuals, the contract is concluded for minimum 1 session or the consideration of such Service.
For distance contracts, a Client who is a private individual shall have the right of termination within the following time-limit without giving the reasons therefor.
A Client who is a private individual may exercise his or her right of termination within fourteen days after the date of conclusion of the contract for the Service, by issuing a relevant clear notice, provided that he or she has not yet commenced use of the Service. Should the Providers be obliged to effect repayment, it shall be effected at the latest within fourteen days after the day when the Providers became aware of the notice of termination, in a manner identical to the mode of payment used by the private individual Client. However, the Client shall pay to the Providers a fee commensurate to the service already performed until the date of disclosure of the notice of termination.
However, for contracts concluded for several occasions, a private individual Client shall not be entitled to exercise his or her right of termination after performance of the whole Service because the Providers have commenced performance with the private individual Client’s express prior consent, the Service is deemed to be digital data content not supplied on a tangible medium and the private individual Client has acknowledged that he or she would forfeit his or her right of termination after performance of the whole Service.
For Clients who are not private individuals, the rules for termination are established by the contract concluded between the parties.
- Effect and Force of the GTCC
The Service may be used from anywhere, so the Clients are not subject to geographical restriction. This version of the GTCC is effective from 05 April 2023.
The Provider shall perform the Services specified in their scope of activities in accordance with the General Terms and Conditions of Contract (hereinafter referred to as ’GTCC’). The GTCC shall apply to the whole Service and also to the future changes therein. The Providers shall carry out any future extension of or change in the Service taking the provisions of the GTCC into consideration.
The Providers reserve the right to supplement or amend the General Terms and Conditions of Contract. Following any amendment, the Providers shall draw up the provisions of the GTCC in a consolidated structure and make them known to the Client on an ongoing basis on the Internet, at www.innertruthconversations.com.
- Final Provisions
Should any legal dispute arise in connection with the use of the Website or the Services, the parties shall settle such disputes through negotiations in good faith. Should such efforts remain unsuccessful, the legal dispute shall be subject to the Hungarian laws and regulations and judgment of such legal disputes shall fall within the jurisdiction of the Hungarian courts competent at the Providers’ registered seat. In addition, the User shall be entitled to have recourse to arbitration. Name and mail address of the competent arbitration board competent at the Providers’ registered seat: Budapesti Békéltető Testület (Arbitration Board of Budapest), 1253 Budapest, Pf.:10.
In the matters not regulated herein the provisions of the Civil Code, for private individual Clients Government Decree 45/2014. (II.26.) on the detailed rules governing contracts between consumers and companies and Act CXII of 2011 on Informational Self-determination and Freedom of Information shall apply.
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