June 5th, 2018 revision
Please read these terms and conditions carefully before applying for or purchasing any service or product offered through this website. With your application or your purchase, you acknowledge that you have read and that you understand and consent to the following terms and conditions.
Dominique Andersen provides coaching 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, the services and the products 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. You are responsible for your results.
Therefore, you agree that in no event shall you hold Dominique Andersen liable for any incident or consequential damage resulting from the use of the material, training, coaching or any other product or service offered for free or purchased through this site.
The purpose of these terms and conditions is to regulate the sale and purchase of services and products offered by Dominique Andersen. These terms and conditions apply exclusively to the agreement between Dominique Andersen, also referred to in this document as “we”,”our”, “ours”, 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 through services and products 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 product or service for the entire duration of the delivery of the product or service applied for and/ or purchased. Subsequent applications or purchases are subject to the terms and conditions 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 records.
You may not modify these terms and conditions. Any change will be considered void if not expressly agreed with in writing by Dominique Andersen.
We reserve the right to modify these terms and conditions at any time. You will be given reasonable notice to allow you to choose to continue using these services or to terminate the agreement. In the latter case, the remainder of the services to be provided after the changes come into effect will be refunded on a pro-rata basis.
2. Duration and termination of the contract
The agreement is concluded by applying for services offered by Dominique Andersen, by purchasing services or products through any our websites or by paying an invoice through bank (or other financial institutions) transfer.
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 a 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, default, deficiency or negligence of the client all fees remain due, no refund shall be issued. Additionally, legal interest rate may be applied if any balance remains due. The client also agrees to indemnify Dominique Andersen as specified in section 18.
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 access to online resources such as private training websites or a private client area. The terms for continued access to these online resources after termination of this agreement are defined individually for each program.
Should the termination of the agreement be due to a fault, default, deficiency or negligence 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 are quoted in Euros and exclude VAT. Additional taxes may apply depending on the offer purchased, on your legal status, and on your physical location.
All services and products must be paid in advance. Payment is due immediately and in full (even for offers to be paid in installments) upon initial online purchase of products or services, or upon reception of the invoice, unless another payment schedule has been agreed upon and specified in writing.
For product and services 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 agreement without any claim to a refund. All remaining installments for the product or service purchased will remain due and the legal interest rate applicable will be added to the balance.
In any case, all products and 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, a Stripe account, a Transferwise account or by bank or financial institution transfer onto the bank account specified on the invoice.
Rates are subject to change without notice. Services and products purchased before the rate change will be charged at the rate effective before the rate change even if part or the totality of these services is to be paid at a date posterior to the rate change.
4. Confidentiality & Privacy
Your privacy is very important to us and every effort is made to minimize the collection of data. All the information exchanged during coaching is CONFIDENTIAL. It will not be sold, traded, or given away for commercial purpose except in the eventuality of a cession of activity to a third party.
Here’s how we secure your data:
– We use encryption to store your sensitive data such as your billing details or your initial application information.
– Material exchanged during your coaching is pseudonimized or anonymized, and/or made accessible through secured online platforms.
– We use end-to-end encryption for our 1-on-1 coaching calls.
– All non-essential data is deleted after coaching
– All the tools we use and the contractors we work with are GDPR compliant.
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 and 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.
You understand that the very nature of the technologies involved in the delivery of these coaching products and services may have an impact on the confidentiality of the communications beyond our control. By making your purchase, you acknowledge that you accept these technical limitations and that you will not hold us liable for any confidentiality breach which could arise from the use of these technologies.
5. Transfer outside EEA
By accepting this agreement you also agree to the transfer of your data to countries outside of the EEA. For instance, by requesting our newsletter or requesting free material, your email address and some connection data are accessed by our emailing service provider in the US. Some of our application forms and some appointment scheduling tools are provided by companies located in the US. Certain coaching programs may require the use of an online coaching platform or other technologies provided by companies also located in the US. This list is not exhaustive.
In any case, all the tools we use are carefully vetted to comply with the strictest privacy-safeguarding regulations.
By entering this agreement you agree to receive all communications (regular mail, email, calls, private messages…) necessary for the purpose of the fulfillment of your application or of your order.
All material you are given access to on any of our websites, on our newsletter or in any of our products or services 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, uploaded, licensed or given away for any purpose unless written authorization has been granted. Should Dominique Andersen grant you permission to use this material, it should only be used for the exclusive purpose and for the duration agreed upon.
Dominique Andersen’s services and products are for adults over 18 years of age.
You have the obligation to submit up-to-date, accurate and correct information at the time of your application. You confirm that you are in full control of your mental, psychological, emotional, spiritual, financial, physical and technical capacities and in the position to undertake coaching. You 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 ….).
9. Fulfillment of service
9.a- General dispositions
The content, the services and the products available on our websites are offered and provided in English.
Most of our offers are delivered online and require a stable internet connection adequate to conduct live video calls, stream videos, download training material and access private websites. By applying for or purchasing any of our offers, 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 to mitigate your failure do to so. Any remaining balance would remain due.
Most coaching packages include video calls held online via WireApp™;: a high-grade, end-to-end encryption application which can easily be installed on your IOS™; or Android™; smartphone. The use of this software requires a smartphone or a tablet. A similar video conference service can be agreed upon with the client. Dominique Andersen is in no way associated with WireApp™; or any other similar service and cannot be held liable for any damage resulting from using any of 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 agreed upon software before the designated time for our call. No compensation can be claimed for your failure to do so.
You may contact us through the agreed upon video call service at the time of you call. The duration of the call is stipulated in the description of the product or 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. Should Dominique Andersen be 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 in the form of a refund equal to the financial value of the call prorated to the delay. No other form of compensation will be issued.
In case of technical difficulties, a call can be rescheduled. This can not be considered cause for indemnity or for refund.
Dispositions relative to bespoke services
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 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.
Client area & online training resources
Some services give you access to an online client area. You have access to this private area for the entire duration of your coaching. Your access is maintained for 1 month after the end of your coaching. It will be deleted afterwards for confidentiality reasons. You are responsible for downloading all the content made accessible to you before this deletion date. This content will not be reissued.
You may not share your login details or any of the content made accessible to you in any program which uses a private client area or private training resources. You must keep your login details secure. You agree to indemnify us for any damages resulting from your failure to do so,
Certain programs are supported by online training resources. The modality of use and access to these resources is stipulated for each program.
Some of these online training resources are hosted by third parties and may require you to create an account with those third parties. Dominique Andersen is in no way affiliated to these third parties. By purchasing those services or products you agree to abide by the terms and conditions of those third parties.
9.b-Special dispositions relative to email coaching and online workshops
Some coaching packages give access to email coaching or to the possibility of submitting questions prior to live trainings. Your emails and your questions must be submitted according to the frequency defined in the offer you purchase. Specific details such as date or time of the deadline may be modified 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.
9.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 agreement will prevail. Your participation in the coaching program will only be validated after 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 applies: a non-refundable deposit is due to secure your application, 50% of the amount is due 1 month before the beginning of the event, 70% of the amount 2 weeks prior to the start, full payment is due at the latest 1 week 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 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 other circumstances when no refund will be issued. 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 yourself in the case of a cancellation.
You understand that Dominique Andersen is not a travel agent nor a travel organizer. 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,… ). We are 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 accommodate you comfortably, due to the nature of those locations you understand 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.
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 embarrassment, 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. 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 and to refund all expenses incurred because of your actions. Under no circumstance will Dominique Andersen accept liability for damages or losses you may cause.
10. 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 you decide, within the stated money-back guarantee period 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 pro-rata 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.
Fulfillment of service 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.
11. Special offers
Promotional offers may be found through the website or through our referral program. These offers cannot be combined: the client may only use one promotion at a time for each service purchased.
Certain services or products may give you access to additional bonuses which are not part of the service or product purchased. Presents 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 present or bonus.
In case of change of present or bonus during the duration of a contract all efforts will be made to replace the present or bonus with a present or bonus of similar or higher value.
All presents and bonuses remain the copyrighted property of Dominique Andersen and can not be redistributed, traded, shared, leased, rented, sold, reproduced, published, uploaded, licensed or given away.
13. Promotional visuals
Some visuals may be included along with the description of Dominique Andersen’ coaching products and services. These visuals are only intended to convey the mood of the coaching programs they are used to illustrate and are in no way legally binding.
14. Session scheduling
Coaching sessions are scheduled online or by email after payment has been received. They 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.
15. Session cancellation – rescheduling – missed session
A minimum of 24 hours of notice must be given for all coaching session 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 cancelled with proper notice 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 you with 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 9.c.
16. Force majeure
In this agreement, force majeure events are defined as any unpredictable events outside of our reasonable control including but not limited to wars, strikes, riots, blackouts, acts of terrorism, utility service failures, internet failures, natural catastrophes such as floods, earthquakes, hurricanes, blizzards, volcanic irruptions, fires and any other unpredictable occurrence such as illness, serious medical emergencies, 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.
We will not be liable for any loss resulting from events outside of our control, or for delays or failures in the performance of our obligations as a result of force majeure events.
17. Warranties and liabilities
Although due diligence is used to provide the client with the highest quality of service, and with accurate and up-to-date information and content, the products and services are provided ‘as is’ and we make no representation or warranty whatsoever a) with respect to your results, b) that our websites, services and products will be available, accessible, reliable, without interruption or error-free. You use those products and services at your own risk.
The client takes full responsibility for the actions they choose to undertake or not as a result of the services rendered, and frees Dominique Andersen from any liability for any loss, claim or damage arising from the decisions they make in connection with the execution of this agreement.
The client agrees to indemnify and hold harmless Dominique Andersen against all claim, liability, loss, damage, cost and expense of any kind (including legal fees) related to, or arising out of their a) breach of this agreement, b) illegal behavior, c) misconduct, d) intellectual property violation, e) misrepresentation, misuse, default or other failure to perform their obligations.
Should any of the provisions of this agreement be or become invalid, this shall not affect the validity of the rest of the agreement.
20. Applicable law and jurisdiction
The following contract is available in English. The following terms and conditions are subject to German law.
Any dispute in connection with use of the services and products offered by Dominique Andersen are subject to German law and to be made to the exclusive jurisdiction of the competent courts of Berlin, Germany.