March 7th, 2018 version

By applying for or purchasing services and coaching products offered on this website you acknowledge that you understand and accept the following terms and conditions.

Waiver

Dominique Andersen provides coaching services to individuals and groups. You understand that coaching is not a form of therapy, treatment, prescription or counseling. Dominique Andersen does not provide diagnosis, prescription, therapy or treatment of any form.
The information and the services provided are provided as general information and are not a substitute for professional advice. You agree to seek business, medical, psychiatric, legal assistance or in any other appropriate form of professional advice you may require.
You assume full responsibility for the decisions and the actions you undertake or not after the coaching you receive from Dominique Andersen as well as for their consequences. You also assume full responsibility for your physical, spiritual, mental and emotional health and well-being.
You understand that this coaching is based on an experimental process and while every effort has been made to deliver you the best content, your results cannot be guaranteed and you are responsible for your results.
Therefore, in no event shall you hold Dominique Andersen legally liable for any incident or consequential damage resulting from the use of the material, training, coaching or any other service offered for free or purchased through this site.

1. General

These terms and conditions apply exclusively to the agreement between Dominique Andersen, Stresemannstr. 23, 10963 Berlin, Germany and the client.
The terms ‘you’, ‘your’, ‘yours’, ‘the client’ refer to the person or entity who enters this agreement for the purpose of receiving coaching products and services offered by Dominique Andersen.
You are subject to the terms and conditions in effect at the time of your application for or purchase of a service for the entire duration of the delivery of the service applied for and/ or purchased. Subsequent appplications or purchases are subject to the terms and condition in effect at the time of the subsequent application or purchase. The current version of these terms and conditions is visible online. You may download a copy of these terms and conditions for your personal record.
You may not modify these terms and conditions. Any change will be considered void if not expressly agreed with in writing by Dominique Andersen.
In case legislation changes force Dominique Andersen to modify these terms and conditions in a way that affects your use of these services, you will be given reasonable notice to allow you to choose to continue using those services or to terminate the agreement, in which case the remainder of the services to be provided after the change of legislation comes in effect will be refunded on a prorata basis.

2. Duration and termination of the contract

The agreement is concluded by filling an application form for services offered by Dominique Andersen or through the purchase of those services either through online payment though the link provided on our websites or on your invoice, by bank transfer or by fund transfer through other financial institutions.
Both party can terminate the contract with immediate effect.
Most of the services offered by Dominique Andersen are bespoke: they are specifically created for the client before their delivery. Therefore, in the case of termination initiated by the client no refund will be processed and all payments will remain due unless another arrangement is agreed upon by both parties and confirmed in writing by Dominique Andersen.
Dominique Andersen may terminate the agreement following the client default of payment, if the client proves to be unable mentally, physically, psychologically or emotionally to deal with the demands of coaching, or under any other circumstance resulting of force majeure. In the case of a termination resulting from a fault, deficiency or negligence of the client all fees remain due, no refund shall be issued and legal interest rate may be applied if any balance remains due. In certain exceptional circumstances such as those resulting from force majeure events and their consequences, discretionary refund for a fraction or the totality of the remainder of the cost of the services may be issued on a case basis after deduction of all the services already provided and of all the expenses already incurred for the creation and delivery of the remaining services. In any case, no refund will be issued for service already provided or for additional expenses (internet fees, flights, accomodation,…) resulting from the use of the services.
Certain services include additional support in the form of access to online resources such as secret websites or online training vaults. The terms for continued access to these online resources after termination of this agreement are defined individually for each program.
In the eventuality the termination of the agreement is due to a default of the client, the termination of the agreement will also result in loss of access to all the online platforms connected to the services purchased independently of the continued access terms defined for those programs.

3. Terms of payment

The fees for the agreed services are quoted in Euros and exclude VAT. Additional taxes may apply depending on the service or offer purchased, on your legal status, and on your physical location.
Payment is due immediately and in full (even for those paid in installments) upon online purchase of services or upon receipt of the invoice unless another payment schedule has been agreed upon and specified in writing.
All services must be paid in advance.
In case of coaching packages paid in installments, each installment must be paid in accordance with the payment schedule agreed upon at the time of the sale.
Failure to comply with this payment schedule will result in suspension of service and will eventually lead to the termination of the contract without any claim to a refund. All remaining installments for the service purchased will remain due and the legal interest rate applicable will be added to the balance due
In any case, all services purchased are due in entirety after the initial 14 day retraction period has expired and no written cancellation request has been made by the client.
All payments are processed securely with a valid credit/ debit card, a Paypal account or by bank or financial institution transfer onto the bank account specified on the invoice.
Rates and prices are subject to change without notice. Services purchased before the price change will be charged at the agreed upon rate effective before the price change even if these services are to be paid at a date posterior to the price change.

4. Confidentiality

All the information exchanged during consulting, training or coaching sessions is CONFIDENTIAL. It will never be sold, traded, or given away for commercial purpose.
You may at any time access, correct and request the information collected on you by contacting Dominique Andersen in writing either by email or by postal mail addressed at Dominique Andersen, Stresemannstr. 23, 10963 Berlin, Germany. Deletion of data is subject to the limitations stipulated by law.
Some personal data may be shared with third parties for the purpose of payment collection, site maintenance, providing service and similar situation relating to the technical aspect of the website’s operation or of the service delivery or in certain situations stipulated by law. All efforts will be made to keep the client’s information anonymous in the process within the limits of technical or legally-imposed constraints.
By accepting this agreement you also agree to the transfer of your data to third party countries. For instance, by requesting our newsletter or requesting free coaching material, your name, your email address and some connection data are accessed by our emailing service provider in the US. Some group coaching programs may require the use of an online coaching platforms or other technologies provided by companies located outside of Germany.
The nature of the technologies involved in the delivery of these coaching products and services may also have an impact on the confidentiality of the communications beyond Dominique Andersen’s control. By making your purchase, you acknowledge that you accept these technical limitations and that Dominique Andersen can not be held liable for any confidentiality breach which could arise from the use of these technologies.

5. Communication

By entering this agreement you agree to receive communications (regular mail, email, calls, private messages…) necessary for the purpose of the fulfillment of your application or of your order.

6. Copyrights

All material compiled for the client remains, unless expressly indicated or agreed upon, the exclusive intellectual property of Dominique Andersen. It shall not be shared, rented, sold, traded, leased, published, reproduced, licensed or given away for any purpose unless written authorization has been granted. Should Dominique Andersen grant permission to use this material, it should only be used for the exclusive purpose and for the duration agreed upon.

7. Limitations

Dominique Andersen’s coaching services are for adults over 18 years of age.
The client confirms that they are in full control of their mental, psychological, emotional, spiritual, financial, physical and technical capacities and in the position to undertake coaching. They also agree to co-operate throughout the coaching process.
Dominique Andersen reserves the right to refuse sales and service within the limits of the law on the ground of legitimate reasons (technical reasons, service unavailability, abnormal, illegal, unethical customer’s requests, regulated sale ….).

8. Fulfillment of service

8.a- General dispositions

The services and coaching products available on this website are offered and provided in English.
Most of the coaching offered is based online and requires a stable internet connection adequate to conduct live video calls, stream videos, download training material and access private websites. By purchasing these coaching products and services, you acknowledge that you are in possession of the current technical devices necessary to perform these tasks and you agree to maintain these devices to up-to-date standards to ensure continuous access to these services. Dominique Andersen cannot be held liable and no refund will be issued in case of your failure do to so.
Most coaching packages include coaching calls held online via Skype™ or a similar video conference service which can be agreed upon with the client. Dominique Andersen is in no way associated with Skype™ or any other similar service and cannot be held liable for any damage resulting from using these softwares. You choose to install these softwares on your devices at your own risks and you are responsible for complying with all terms and conditions, intellectual property and regulations associated with the use of those services.
You are responsible for properly installing the video conference software agreed upon before the designated time for our call. No compensation can be claimed for your failure to do so. At the time of the call you may contact Dominique Andersen through the agreed upon service for your coaching call.
The duration of the call is stipulated in the description of the service you purchase. You are responsible for joining the call on time, failure to do so will not entitle you to any form of compensation. In the event in which Dominique Andersen were unable to join the call on time, you will receive compensation either in the form of additional coaching equal to the duration of the delay or of a financial refund equal to the financial value of the call in proportion to the delay. No other form of compensation will be issued.
In case of technical difficulties, a backup landline phone number may be used or the call can be rescheduled. This can not be considered cause for indemnity or for refund. Charges for calls made to a telephone line will be invoiced to you separately at the rate charged by our telephone service provider.

Many services offered are bespoke and they are subject to an application process. You apply by submitting personal information to a form offered online. By submitting your application you agree to the present terms and conditions. However, no payment is required and this application is not binding you to the purchase of any offer. If your application is validated, you are invited to a complimentary consultation to identify your needs and confirm which services are a fit. Up until the end of this consultation you may withdraw your application without any obligation of purchase. If an agreement is reached during this consultation, you will receive an email with a summary of the offer. Once your written confirmation of agreement is received you will be sent an invoice for the services chosen, this indicates the beginning of your coaching. In any case, the initial consultation is complimentary whether or not you choose to choose to participate in any program. Payment is only due once this invoice is issued. At this point, your coaching program proceeds according to the agreed upon schedule and modalities.

8.b-Special dispositions relative to email coaching and online workshops

Some coaching packages give access to email coaching or to the possibility to submit questions prior to live trainings. Your emails and your questions must be submitted according to the frequency defined in the package you purchase. Specific details such as date or time of the deadline may be modifed at any point during the coaching program without giving rise to any claim.
You are responsible for submitting your entries in due time.
For email coaching, failure to meet the deadline will result in your message being answered in the following session. For example: if emails are to be submitted weekly, if you miss a deadline your email will be answered the following week.
For online workshops, questions must be submitted before the deadline or the answers will not be included in the upcoming call. While every effort is made to answer all questions during a call, due to time-constraints submitting a question doesn’t guarantee your specific situation will be addressed. However, general answers that fit similar situations will be provided during the workshop.

8.c- Dispositions relatives to in-person coaching

Certain coaching packages include in-person coaching offered either locally or abroad. You are responsible for ensuring that you are in possession of the physical, mental, psychological, emotional, spiritual, legal, financial and any other capacity necessary to complete this travel and participate in this coaching program, and for making the appropriate travel arrangements including securing all travel documents, visas, insurances and complying with any other legal and health requirement necessary for you to reach the destination where the coaching is being held or the agreed upon meeting point in due-time. No refund will be issued to mitigate any consequence resulting from your failure to do so.
A non-refundable deposit may be required to secure your coaching package after an initial complimentary consultation. The exact modalities regarding the payment of this deposit are specified in the description of your coaching program. In the absence of specific payment modalities included in your program, the default payment modalities included in this document will prevail. Your participation in the coaching program will only be validated after your deposit has been processed and a confirmation has been issued to you in writing. You may only make travel arrangements after you receive this written confirmation. You accept full responsibility for the risks and/or consequences resulting from you making travel arrangements before this written confirmation has been issued and agree not hold Dominique Andersen liable for any loss resulting from your decision.
Unless another payment calendar has been specified in the program purchased, the following payment calendar apply: a non-refundable deposit is due to secure your application, 50% of the amount is due 1 months before the beginning of the event, 70% 1 week prior to the start, full payment is due 24h before the event.
There will be no refund for arriving late, leaving early, or canceling your participation to the event. Your tickets or accomodation cannot be refunded, you must purchase third party travel insurance to cover to those expenses.
If you cancel your participation more than 90 days before the event, you will receive 100% credit of the amount already paid towards another program to be used within 12 months.
If you cancel your participation between 90 and 30 days before the event, 50% of the cost of the full event will be kept, you will receive the remainder of your payment as credit towards another program to be used within 12 months.
If you cancel your participation less than 30 days before the event, no credit will be issued.
If Dominique Andersen must cancel the event, you will receive a full refund, except in the case of force majeure events and circumstances when no refund will be issued, and no liability will be accepted for loss or damage. Please note that you are responsible for your flights and accomodation which cannot be refunded. You must purchase third party travel insurance to cover those expenses and to protect you in case of cancellation.

You understand Dominique Andersen is not a travel agent or a travel organiser. These coaching packages do not include transportation or accomodation. You are responsible for securing those at your own cost. Meals may be included depending on the package you purchase, this will be clearly indicated in your offer.
Some services may involve third parties such as meeting location (conference rooms, hotels, restaurants..). Dominique Andersen is not affiliated with any of those companies, and cannot be held liable for any issue arising from using those services. You participate in this activities at your own risk and agree to renounce any future claim.
Some of these services may take place in public spaces such as a restaurant or a park. While every effort is made to accomodate you comfortably, due to the nature of those locations you understandand that no guarantee can be made for safety and well-being. You agree to participate in those activities with the understanding of the risks involved and without holding Dominique Andersen liable for any circumstance that could negatively affect you. In any case, you always have the option to withdraw from any of these activities. You must have appropriate travel insurance to cover these circumstances and carry your insurance details with you at all times.
During those events all efforts will be made to ensure your belongings are safe but no guarantee can be made and you accept full responsibility for any loss of belongings.
You are expected to behave in a respectable manner as to cause no embarassment, harm or prejudice to the properties, peace and well-being of others.
You are solely responsible for your actions. Any disruptive or illegal activity that requires the intervention of the authorities against you will lead to the immediate termination of your coaching program. You will be asked to vacate the premises immediately with no claim to refund for the program purchased or for any additional expenses incurred by you to mitigate the early termination of the program (meals, hotel, replacement flights, legal fees…). Eventual damages, extra charges, legal fees resulting from your actions will be invoiced to you. Legal action may also be taken against you. You agree to indemnify Dominique Andersen and any other person affected by your actions for the prejudice caused. Under no circumstance will Dominique Andersen accept liability for damages or losses you may cause.

9. Refunds and retraction delay

By European law, online sales of products and services are subject to a 14 days money-back guarantee during which transactions may be voided. The money-back guarantee period starts from the time the order is placed in the case of services bookable online or from the time your written confirmation of the acceptation of an offer is received in the case of services subject to an application process, and runs for the duration of 14 calendar days.
Customized/ bespoke coaching programs and live events such as workshops are excluded from this provision. These transactions are final and will not be refunded.
Should the client decide, within the stated money-back guarantee period following the purchase to cancel the contract for any reason, it should be done by sending a written request to Dominique Andersen.
A full refund of the sums paid will be issued by the same payment method used for the purchase within 14 days of the reception of the cancellation request (you may use this form), unless part of the service has already been delivered in which case the cost of the service provided will be deducted from the refund on a prorata basis.
No refund will be granted for requests received after the end of the 14 days withdrawal period.
After the 14-day period no refund will be provided and all payments will be due in full.
Coaching sessions may only take place after expiration of this money-back guarantee period, unless a written request has been made by the client which clearly renounces this right of retraction.

10. Special offers

Various promotional offers may be found through the website or through our referral program.
Promotional offers cannot be combined: the client may only use one promotion at a time for each service purchased.

11. Bonuses

Certain services may give you access to additional bonuses which are not part of the service purchased. Gifts and bonuses are clearly labelled as such. They are subject to change without notice. No claim can be made in the case of a change of gift or bonus.
In case of change of gift or bonus during the duration of a contract all efforts will be made to replace the gift or bonus with a gift or bonus of similar or higher value.
All gifts and bonuses remain the copyrighted property of Dominique Andersen and can not be redistributed, traded, shared, leased, rented, sold, reproduced, published, licensed or given away.

12. Visuals

Some visuals may be included along with the description of our coaching products and services. These visuals are only intended to convey the mood of the coaching programs they are used to illustrate and they are in no way legally binding.

13. Session scheduling

Coaching sessions are scheduled online or by email after payment has been received, and can only take place after an initial 14 days delay to account for the legal cancellation period, unless a written request renouncing the right to claim a refund according to the legal money-back guarantee has been received.
In the case of coaching packages paid through installments, sessions can only be scheduled after each corresponding installment has been paid. No coaching will be provided unless corresponding payment has been made.

14. Session cancellation – rescheduling – missed session

A minimum of 24 hours of notice must be observed for all coaching sessions cancellations.
Failure to do so will result in the session being charged in full or in the session being deducted from the coaching package it was purchased in without the possibility of being rescheduled. Exceptions may be made on a case basis.
Sessions cancelled with proper notice exceeding 24 hours may be rescheduled once without additional fee.
Sessions rescheduled for second time are subject to the same rule as the sessions cancelled with improper cancellation notice. You may reschedule this session a second time after a 197€ hourly session fee prorated to the session’s duration has been paid. Each subsequent rescheduling of the same session will incur an additional rescheduling fee of the same amount. Each session rescheduled in this manner must be paid in full before it can be take place.
In the case of cancellation initiated by Dominique Andersen, she will take all the necessary measures to provide 24 hours of notice. In case this was not possible, she will provide appropriate and fair compensation in the form of additional coaching or of a refund at her discretion. In any case, the amount of the compensation will never exceed the prorated hourly session fee of 197€ for the session cancelled or rescheduled.

Your failure to attend live online workshops cannot give rise to any claim. In certain circumstances, a replay link may be available to view a missed workshop session.
Special conditions applicable to in-person events are subject are stipulated in article 8.c.

15. Force majeure

In this agreement, force majeure events are described as any unpredictable events outside of Dominique Andersen’s reasonable control including but not limited to wars, strikes, riots, blackouts, acts of terrorism, utility service failures, natural catastrophies such as floodings, earthquakes, hurricanes, blizzards, volcanic irruptions, fires and any other unpredictable occurrence such as illness, default of suppliers or of subcontractors of disruptive impact on the fulfillment of the terms of this agreement.

Are excluded from this definition any circumstance resulting from negligence, predictable or avoidable circumstances.

Dominique Andersen will not be liable for any loss resulting from events outside of her control, or for delays or failures in the performance of her obligations to you as a result of force majeure events

16. Liability
Although due diligence is used to provide the client with the highest quality or service and with accurate and up-to-date information and content, results cannot be guaranteed.
The client takes full responsibility for the actions they choose to undertake or not as a result of the services rendered and free Dominique Andersen from any liability for any loss or damage arising from the decisions they make in connection with the execution of this agreement.

17. Applicable law and jurisdiction
The following contract is available in english. A german translation may be made available, the english version is authoritative.
The following terms and conditions are subject to German law.
Should any of the provisions of this agreement be or become invalid, this shall not affect the validity of the rest of the agreement.
Any dispute in connection with use of the services offered by Dominique Andersen are subject to German law and to be made to the exclusive jurisdiction of the competent courts of Berlin, Germany.