TERMS AND CONDITIONS DANIELA KURA
General terms and conditions of Daniela Kura, established on 11-11-2021. Daniela Kura Is a
trade name of Daniela Kura and is registered with the Dutch Chamber of Commerce
under number 53587596.
Any questions regarding the terms and conditions can be directed to [email protected].
Article 1. Definitions
Here you can find some definitions used in these terms and conditions:
a) Client: The natural or legal person who has approved the offer, as well as representatives of the legal person.
b) Contractor: Daniela Kura
c) Order: Any assignment for the delivery of products or services that client and contractor have established. This also includes: changes, additions and all (legal) acts in preparation and execution of the aforementioned assignment.
d) Assignment: the written representation (e.g. in the form of a quotation) of the agreements and claims between the client and the contractor with regard to the nature of the product delivery, services, rates and terms.
Article 2. Applicability of conditions
2.1 The general terms and conditions apply to all products and services of Daniela Kura. This includes all training courses, programs, coaching trajectories, coaching sessions, consultations, 1-on-1 trajectories, speaking gigs, e-books and other services and/or products offered by Daniela Kura.
2.2 Daniela Kura reserves the right to unilaterally change its general terms and conditions. You will be informed of this by e-mail. If you, as the client, are considered a private consumer, you are entitled to dissolve the agreement (in accordance with article 237 subsection c of the 6th book of the Dutch Civil Code (in Dutch: art. 6:237 sub c BW) by means of a written rejection of the amended general terms and conditions within 4 weeks after receipt of the amended terms and conditions. If you as a client qualify as a business consumer (otherwise called: B2B customer), you agree to the most recent version of the general terms and conditions available. You will be informed of this by e-mail.
Article 3: Registration and provision of assignment
3.1 The assignment between the Client and the Contractor is established by acceptance of the offer formulated by the Contractor, by means of the submission of a digital registration form.
3.2 The Client accepts the Contractor’s offer by submitting a fully completed registration form and/or ordering a product via Daniela Kura’s website. After the conclusion of the agreement, the Client will receive a confirmation of this by e-mail.
3.3 By means of registration, the client commits themselves to follow all lessons pertaining to the course or training.
3.4 In the event that the Client participates in a training via the registration form, Client gets access via personalized login data to the training associated teaching materials via Daniela Kura’s online platform in Kajabi.
3.5 In the event that the Client determines that their login details have been provided by a third party is used to gain unauthorized access to Daniela Kura’s online environment, the Client will inform Daniela Kura of this immediately. Daniela Kura will provide new personalized login details to the Client for this purpose.
3.6 Daniela Kura strives to keep the online training platform (Kajabi) available on a continuous basis. Daniela Kura reserves the right to temporarily take the online environment offline due to maintenance, adjustments, etc. If the online environment will be offline for more than 24 hours, Daniela Kura will inform the Client of this.
3.7 The Contractor reserves the right to decline an assignment from the Client if there is payment arrears for previously purchased products and/or services from Daniela Kura. As soon as the amount owed is paid, the Client regains the opportunity to do business with the Contractor. With regard to this clause, the other provisions of these general terms and conditions also apply, and in particular: art. 4, 5, 6, 7, 8, 9, 10 and 14, as well as legal provisions regarding: periods for dissolution, cancellation, destruction, suspension and all other possible relevant legal provisions.
Article 4: Duration of the assignment
4.1 In the event that the Client registers for a training or program package with a duration of more than 14 days, the assignment applies for the duration stated in the product and/or service description.
4.2 After the duration of the assignment as referred to under 4.1 has expired, the Client’s access to Daniela Kura’s online environment will automatically expire after a period of 52 weeks from the registration date.
4.3 Any extension of access to Daniela Kura’s online environment can only be granted with the written approval of Daniela Kura, at the written request of the Client.
Article 5: Cancellation
5.1 After acceptance of the offer, a statutory reflection period of 14 days applies, within which the Client can cancel free of charge. The statutory reflection period applies in full to private consumers and not to business consumers (B2B).
5.2 The Client can cancel their registration for a program free of charge as long as the registered program has not yet started. After the start of the program, cancellation is no longer possible without payment of 50% of the costs of the program within 14 days after a written notice of cancellation.
5.3 The Client can unsubscribe from any waiting lists free of charge.
5.4 The products offered by Daniela Kura such as e-learning programs and training courses with a duration shorter than 14 days are subject to the statutory cooling-off period, with due observance of payment of the costs in proportion to the training days that have already expired. The client explicitly agrees to this clause by sending the registration form or by direct purchase of an e-learning or training course with a duration shorter than 14 days.
5.5 If the Client does not complete a training or program, the possibility of a refund expires. In the event of force majeure, the Client may request Daniela Kura in writing to make an exception to this clause for the sake of leniency. If Daniela Kura agrees to this in writing, a partial refund will be agreed in writing.
5.6 Daniela Kura reserves the right to cancel a training or program if there are too few registrations. In such a case, registered Clients will receive a refund of the amount already paid.
5.7 Daniela Kura can, if the Client does not comply with the efforts that may be expected from a motivated participant, unilaterally decide to terminate the agreement with the Client. If Daniela Kura decides to do so, the Client will receive the amount paid back in proportion to the performance (service and/or product) delivered. If the Client has chosen to pay by means of payment installments, the installments still to be paid will not be charged, but the amount already paid will not be refunded.
Article 6: Payment conditions
6.1 The fee is fixed in the rate reinforced by Daniela Kura, stated in the quotation and/or product/service description.
6.2 Payment of the fee must be made in accordance with the payment method specified in the registration form, within the established payment terms stated in the quotation and/or product/service description.
6.3 Installment payments are only possible in accordance with the installment options offered by Daniela Kura on its website. If the Client opts for payments by direct debit, the Client also conforms by means of registration to the payment of the installments still due if the Client does not complete the program, all this with due observance of Article 5.
6.4 Payment of the fee as well as invoices received (by the Client) must be made without suspension and/or settlement, within 14 days of the invoice date. Failing which the Client will be in default without notice of default and the statutory commercial interest will be owed on top of the fee/invoice amount. All judicial and extrajudicial costs related to the collection of the fee/invoice amounts – with a minimum of 10% of the amount to be collected and with a minimum of 100 euros – are for the account of the Client. This also includes legal costs, which are not limited to the legal costs to be liquidated. These are integrally for the account of the Client if the latter is (predominantly) found to be wrong.
6.5 The Client undertakes jointly and severally to the payment obligation of the fee. If this third party remains in default with regard to payment, the Client is at all times jointly and severally liable for the payment.
Article 7: Premature termination
7.1 In the case of a training or program with a duration longer than 30 days, partial refunds will only be made if an early termination is the result of a serious illness or calamity. Daniela Kura may require proof of this in the form of, for example; a copy of a medical certificate or a copy of the death certificate. Correspondence about this must be submitted in writing to Daniela Kura.
7.2 Premature termination on the basis of culpable shortcomings by Daniela Kura is only possible on the basis of a notice of default which must be sent in writing within a period of 14 days. Premature termination does not release the Client from their payment obligation. The client will give Daniela Kura the opportunity in writing to come up with a suitable solution.
7.3 Dissolution by the Client under article 6.2 can only take place after Daniela Kura has been given the opportunity to repair the shortcomings.
Article 8: Copyright and intellectual property
8.1 Daniela Kura is the holder and authorized representative of all intellectual property rights (such as but not limited to: copyrights, trademarks and/or patents) of training courses, programs, teaching materials, presentations, courses, website, etc., produced by her, unless indicated otherwise. Commercially available books by other authors are excluded from this. No part of these statements may be reproduced, distributed and/or made public without the written permission of Daniela Kura.
8.2 By accepting these terms and conditions, the Client makes it clear that they understand that access to the (teaching) material provided by Daniela Kura is only granted on an individual basis. The client hereby commits to use access to Daniela Kura’s materials only for their own use and not to provide it to third parties.
8.3 In the event of a violation of Article 8.1 and/or 8.2, the Client will pay a penalty of €1,000 per violation, payable immediately without judicial intervention, increased by €100 per day and per violation as long as the violations continue. This does not take away the right of Daniela Kura to recover damage suffered or any possible future damages suffered from the Client.
Article 9: Planning
9.1 In the event of a multi-day training or program, the Client will receive an overview of the sessions before the start, including in any case the days on which sessions and/or training courses take place and the medium with the associated link on which these take place.
9.2 Daniela Kura reserves the right to unilaterally change the planning of all her services and/or products.
9.3 In the case of individual coaching sessions, the planning of the coaching sessions is established via Daniela Kura’s online schedule. If the Client has purchased a package of several coaching sessions, the Client has the right to change this coaching session free of charge, 48 hours before the start of a scheduled coaching session. Changes are made by notifying Daniela Kura in writing by email. After this, it is only possible to move a scheduled coaching session once, within 48 hours before the start of a scheduled coaching session, with due observance of a payment by the Client of 50% of the rate of a separate coaching session. After this it is no longer possible to change a coaching session and the right to the scheduled coaching session in that time unit will expire.
Article 10: Absence
10.1 In the event of Daniela Kura’s illness and/or inability to attend, or a coach/trainer/teacher enabled by Daniela Kura, Daniela Kura reserves the right to move sessions/training sessions.
10.2 If relocation proves impossible, Daniela Kura will immediately inform the Client.
10.3 Daniela Kura will in that case come up with alternative dates as soon as possible.
10.4 In the event of illness and/or impediment, the Client is not entitled to any (damage) compensation, not even if Daniela Kura receives any form of compensation as a result of force majeure.
10.5 Daniela Kura’s cancellation is not a ground for free cancellation. There should be written consultation about this to find a suitable solution.
Article 11: Confidentiality
11.1 Every Client who participates in a session or training course of Daniela Kura and who thereby obtains information of which they know or should reasonably suspect the confidential nature, is obliged to maintain confidentiality.
11.2 Daniela Kura requests prior permission for the sharing of data from the Client, of which she knows the confidential nature before sharing it on social media for promotional purposes.
Article 12: Quality and careful handling
12.1 Daniela Kura strives for the highest possible level of quality.
12.2 Daniela Kura guarantees careful handling and dealing with her Clients and their personal information.
Article 13: Personal data
13.1 Daniela Kura includes the name, address and e-mail details of the Client in her address file. This data is used for the organization of Daniela Kura and to keep the Client informed about services developed and offered by Daniela Kura.
13.2 The data will only be provided to third parties if this is necessary for the execution of the agreement or if this is the result of a legal obligation.
Article 14: Responsibility and damage
14.1 The client indemnifies Daniela Kura against liability for the consequences and damage of acts or negligence of participants and/or third parties who have been coached or trained by Daniela Kura.
14.2 Daniela Kura makes every effort to achieve the objectives of the client, however, there is no guarantee from Daniela Kura for any intended result.
Article 15: Disputes
15.1 This agreement is governed by Dutch law.
15.2 All disputes arising from this agreement will be settled submitted to the competent court at the District Court of Rotterdam, the Netherlands.
Article 16: Nullity
16.1 If a part of these general terms and conditions is declared null or voidable by a competent court, this will not affect the validity of the rest of the general terms and conditions. The void or voided part will be replaced by a provision that follows the content of the void provision as closely as possible.
16.2 All disputes arising from this agreement will be submitted for settlement to the competent court at the District Court of Rotterdam, the Netherlands.