PURCHASE TERMS AND CONDITIONS

“MASTER YOUR RESILIENCE” PROGRAM

 

 The Agreement for provision of professional coaching, mentoring or training services is usually directly established between the “Coach” and the “Client” for the delivery of the “Service”.

The Agreement for provision of professional coaching, mentoring or training services can be established also between the “Coach”, the “Sponsor” and the “Client” for the delivery of the “Service”. 

Whereas the parties are the Coach, the Client, the Sponsor (if distinct from Client).


Whereas, the “Coach” is Alina Mirela Florea P.IVA 10876270967/01.06.2019. The Coach will conduct the Service through adequately competent specialists, with proven results, adequate professional certifications, affiliations and memberships (ICF, PMP, etc). 

All professional coaches used by the Coach are accredited by ICF or by other internationally recognised professional bodies, at least at core competence level. 

All professional trainers or mentors used by the Coach are internationally reputed specialists, with proven first-hand business, management and people development expertise. 

Whereas, the Coach hires for the delivery of the Service only professional coaches accredited by international recognised coaching federations, such as ICF. All such coaches are at least ACC by ICF. 

Whereas, the Client is the direct beneficiary of the Service. The Client can be the direct signatory of this Agreement, case in which he/she plays also the role of the Sponsor. 

Whereas, the Sponsor is the direct signatory of this Agreement, facilitating the delivery of the Service to the Client, and funding the Client’s access to the Service. The Client is the direct beneficiary of the Service, however the Sponsor has a direct interest of the Client receiving the respective Service. 

Wherefore, the parties - Coach, its representatives, Client, and Sponsor, acknowledge and agree that the Coach and their direct representatives (coaches, mentors or trainers), in performing the professional coaching services under these terms and for the benefit of the Client, are bound to comply with the ICF Code of Ethics at all times during the execution of this Agreement, and while the Service is being delivered. 

The parties each agree to be bound by the following terms and conditions of the relationship:

Scope, Duration and Schedule of Services

  • The duration of this Agreement is 8 weeks (2 months). 
  • Scope:
    • Access to Positive Intelligence™ (PQ) App and to the weekly content dripped weekly in the App
    • New content for 2 months
    • Access for 1 year since registration in the PQ App
    • Positive Intelligence ™ training – 7 modules
    • Daily practical exercises in the PQ App
    • Guided group coaching sessions - 7
    • 1-on-1 coaching session - 1 
  • Sponsor or Client (if there is no Sponsor involved) hereby retains the Coach to provide services of coaching, mentoring or training to the Client, in the structure, content and duration included in the Program Description on the website. 
  • The program will be delivered in group coaching sessions. Weekly discussion topics are aligned with the topics of the weekly Positive Intelligence training modules, delivered in the prior weekend. 
  • Delivery schedules are to be established as follows:
    • maximum 2 weeks from the date of Service purchase of group coaching / mentoring or training, or
    • maximum 1 week from the date of Service purchase for 1-on-1 coaching / mentoring packages 
  • The group can have up to 5 people. 
  • The Service will be delivered weekly, in the following format:
    • Saturday – Monday – free individual study of a 1-hour training module
    • Tuesday – weekly 1-hour group coaching session (the exact hour to be determined with the group participants)
    • Tuesday – Friday – daily access to 5 practical exercises 
  • Rescheduling of sessions is not possible. The Client who missed one session cannot reschedule it. 
  • All sessions are to be provided online on Zoom platform. The Client will receive the access link upon completion of registration and performed the dully online payment.

Onboarding into the program 

  • Upon program registration is completed and the Client purchased the program, the Client will receive proper onboarding email messages to the email address they used to register in the system describing the next steps. 
  • On a weekly basis, before each incoming weekly group coaching session, the Client will receive and email with the agenda for next coaching session.

 

Duties and Responsibilities of the Parties.

For the Coach

  • To deliver to the Client the Service (coaching, mentoring or training program) at the dates and hours agreed in the delivery schedule, by ZOOM platform.
  • To show up in time for each sessions (10 minutes before the start hour)
  • To follow an accurate Service delivery process focused on Client’s objectives, agenda, needs and desires.
  • To treat the Client and Sponsor (if part of the contract) with respect.
  • To avoid engaging into or performing any action against the interests of the Client and / or Sponsor; to avoid using any element or concept entering in conflict with the deontological norms of the coaching or mentoring.

For the Client

  • To show up accountable, assume the responsibility and act proactively in identifying own coaching agenda and objectives.
  • To agree with the Sponsor the objectives that are to be obtained during the receipt of the Services, prior to the arrival of the Coach.
  • To act with intention of applying the learnings occurred throughout the coaching / mentoring / training sessions, into his/her current professional activity and life.
  • To follow through and apply all the engagements he/she took in the sessions during delivery of the Service.
  • To remain accountable fully for the results obtained and for the decisions taken during delivery of the Service.
  • To timely discuss and agree with the Sponsor in respect of adjustment of objectives and redefinition of more realistic ones, if case or necessary
  • To timely and duly perform the practical exercises provided or recommended by the Coach or included in the standard Service as best practice.
  • To start the coaching sessions in time at the set hour, in the coaching schedule.
  • The Client acknowledges and agrees to honour and not interfere with or restrict the Coach’s recognized duties and obligations under the ICF Code of Ethics, including the Coach’s obligation to maintain the confidentiality of content revealed and discussed by Client with the Coach during coaching meetings.
  • To maintain a conduct aligned with ICF Code of Ethics.
  • To perform the payments as resulted from this agreement.
  • To reach out for additional professional support within this agreement or outside this agreement in case, for various reasons, he / she feels current program is not enough.

For the Sponsor

  • To agree with the Client the objectives that are to be obtained during the receipt of the Services, prior to the arrival of the Coach.
  • To maintain a vivid interest and maintain a light communication channel with the Client
  • To actively support the Client in redefinition of objectives based on new information available during the delivery of the Service
  • To maintain a conduct aligned with ICF Code of Ethics.
  • To perform the payments as resulted from this agreement.
  • To create the space necessary for the Client to receive the Service and respect the confidentiality due aligned with the type of Service.
  • To acknowledge and agree to honour and not interfere with or restrict the Coach’s recognized duties and obligations under the ICF Code of Ethics, including the Coach’s obligation to maintain the confidentiality of content revealed and discussed by Client with the Coach during coaching meetings.

Total compensation, Fees and Invoicing.

  • The total fee due for the delivery of the Service is as presented in the Program Description on the website.
  • Payment is done online upfront, for the entire amount.
  • Payment can be done in instalments only if this is offered in the check-out page.
  • The Client will receive an invoice on the purchase of the Service, in maximum 1 calendar week from the date of online purchase.
  • The Client has the obligation to report and fill in accurately their invoicing details (accurate invoicing name and address) in the check-out form, for the issuing of the invoice.

 Cancellation Policy

  • Client has the possibility to cancel his/her participation in any program within the first 2 weeks, case in which the Client will loose the possibility to access the respective program in the site. 
  • The fact that the Client choses to remain in the program beyond the first 2 weeks is considered to be the Client’s confirmation the program is a good match for their need. 
  • The coaching relationship, in this instance between the Coach and the Client, as well as all information, both oral and in writing, that the Client shares with the Coach as part of the coaching relationship contemplated by this Agreement is bound by the principles of confidentiality as set forth in the ICF Code of Ethics. The parties hereto recognize that the Coach-Client relationship is not considered a legally confidential relationship (such as with one’s physician or attorney) and thus communications are not subject to the protection of any legally recognized privilege.  The absence of any such legally recognized principle of confidentiality shall not impair or restrict the Coach’s duty of confidentiality as set forth in the ICF Code of Ethics. 
  • The Coach agrees that he/she will not disclose any information pertaining to the Client without the Client’s written or recorded permission and except as would otherwise be permitted under the ICF Code of Ethics. The Coach will not disclose the Client’s name as a reference without the Client’s signed or recorded permission. 
  • Confidential Information does not include information that:

1) was in the Coach’s or Client’s possession prior to being furnished by the Client to the Coach;

2) is generally known to the public or in the Client’s industry or professional environment;

3) is obtained by the Coach from a third party (not the Client), without a breach of any obligation to the Client;

4) is independently developed by the Coach without the use or reference to the Employee Client’s confidential information;

5) the Coach is required by law, statute, lawfully issued subpoena, or by court order to disclose;

6) is disclosed to the Coach by the Client and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and

7) involves illegal or criminal activity. 

  • The Client acknowledges his/her continuing duty to raise any confidentiality questions or concerns with the Coach in a timely manner.

Release of Information.

  • The parties to this Agreement acknowledge and agree that the Coach is or may be engaged in training and continuing education pursuing and/or maintaining ICF credentials. That process requires the names and contact information of all Coach clients for verification by the ICF. 
  • By signing this Agreement, the Client provides his/her consent to the disclosure by the Coach of only the Client name, contact information and start and end dates of the coaching services to the ICF only for purposes of verifying the coaching relationship. No personal notes or other personal information will be shared. 
  • By signing this agreement, the Client confirms their approval to offer at the end of the program a testimony (written or video) and gives the Client the consent of the following disclosure of information that will be used for marketing purpose: their testimony in English, the name initials, the job function, the sector and the country. 
  • For disclosing more information, the Clients will need to provide their express written consent by email if requested by the Coach. 

Record Retention Policy Optional. 

  • During the coaching session, the Coach may take notes with respect of what has been told and discussed. Such notes (either electronic or paper based) will be destroyed by the Coach immediately upon each coaching session. 
  • All contractual official documents (contracts, letters, invoices) will be issued in electronic format and no paper documents are retained throughout the development of or after the termination of the contract. Such commercial documents will remain in the archive of the Coach in order to suffice any legal audit by the side of fiscal authorities, if that may be the case, and will be kept according to the fiscal legal provisions in force. 
  • By making the purchase, the Client acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Client relationship. 

Termination.

  • Either the Client or the Coach may terminate this Agreement at any time within the first 2 weeks, via email at [email protected] 
  • Termination will kick in immediately and the Client will no longer have access to the designated program area on the site, nor to PQ App. 
  • Termination of one program purchased by the Client has no effect over termination of other programs purchased and completed by the same Client. 
  • In the eventuality the Client redraws within the first 2 weeks, he/she will be reimbursed the paid amount, less 50 EURO (PQ App monthly access and processing fees).

Limited Liability.

  • Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date. 

Entire Agreement.

  • This document reflects the entire agreement between the Coach and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented.

Dispute Resolution. 

  • Parties agree to not escalate their case to any authority for solving their disputes or issues. 
  • The Coach and the Client will do their best to solve any dispute or issue that may occur during the program. 
  • In case such situation occurs, the Client is invited to present it as soon as possible to the Coach at [email protected] or connect the Coach directly through other means which will be provided to him/her during the onboarding in the program.