TERMS AND CONDITIONS
These are the standard terms and conditions for coaching, product recommendations and other services and products and apply to all contracts, proposals and work undertaken by Niklas Goeke for his clients and customers.
Unless specified otherwise, all fees are due immediately upon the client instructing Niklas Goeke to proceed with the proposed scope of work or provide the selected product. Niklas Goeke reserves the right not to commence any work until the sum has been paid in full. The sum is non-refundable after a coaching session has been started and the client terminates the contract through no fault of Niklas Goeke. For products, see specified money back guarantee.
SUPPLY OF MATERIALS AND INFORMATION
The client must supply all materials and information required by Niklas Goeke to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy and any other requested information outlined in the proposal or contract. Where there is any delay in supplying these materials to Niklas Goeke, which leads to a delay in the completion of work, Niklas Goeke has the right to extend any previously agreed deadlines by a reasonable amount.
Where the client fails to supply materials and/or information, and that prevents the progress of the work, Niklas Goeke has the right to invoice the client for any part or parts of the work already completed.
PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that are set by Niklas Goeke are contingent upon the clients full co-operation and the delivery all requested items in order to proceed with or complete the project. These requested items include, but are not limited to, the above mentioned items under section “Supply of Materials and Information”.
During development there is a certain amount of feedback required in order to progress to subsequent phases.It is required that a single point of contact be appointed as a representative of the client and be made available on a daily basis in order to expedite the feedback process.
The representative appointed as the single point of contact by the client will be bound under the terms of this agreement.
APPROVAL OF WORK
On completion of the work the client will be notified and have the opportunity to review any items, tools, worksheets, etc. Niklas Goeke creates for the client as part of the coaching program. The client must notify Niklas Goeke in writing of any unsatisfactory points based on the agreed upon scope of work within 7 days of such notification. Any of the work which has not been reported in writing to Niklas Goeke as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and any outstanding balance of the project price will become due.
Upon work performed by Niklas Goeke being rejected by the client within the 7-day review period, Niklas Goeke will attempt to reconcile and fix items noted by the client in writing within reason. If subsequent work performed by Niklas Goeke is deemed unsatisfactory and Niklas Goeke, acting reasonably and in good faith, considers that the client has been unreasonable in any rejection of the work, Niklas Goeke can elect to treat this contract as at an end and take measure to recover payment for any completed work.
Any items noted in writing by the client found as issues to the work performed by Niklas Goeke that are investigated and later found to be issues outside the control of Niklas Goeke, including but not limited to technological issues and software restrictions, will be billed at an hourly rate of $100.00 per hour to cover investigation time.
TRAINING AND CLIENT KNOWLEDGE
Niklas Goeke will develop systems and services to the specification defined by the agreed upon scope of work as agreed to by the client. If the client requires further training upon completion of the work, this training is not covered by the fees paid under the agreed upon scope of work unless otherwise specified as billable items.
If rejection of work is found to be caused by clients lack of knowledge of the work performed and/or systems developed these items will fall under rejected work that are outside the control of Niklas Goeke.
Upon completion of the 7-day review period, Niklas Goeke will invoice the client for any previously unpaid balance of the project, if so agreed upon prior to contract signature.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
The client must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that the client supplies to Niklas Goeke to include in the project.
The client must indemnify Niklas Goeke and hold Niklas Goeke harmless from any claims or legal actions related to the content of any created or co-created intellectual property.
Niklas Goeke shall not be liable for any loss or damage which the client may suffer which is in any way attributable to any delay in performance or completion of any work performed, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services Niklas Goeke provides to the client are excluded. Without limiting the above, to the extent permitted by law, any liability of Niklas Goeke under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that Niklas Goeke was contracted to perform for the client.
Niklas Goeke reserves the right to subcontract any products or services that we have agreed to perform as he sees fit.
Niklas Goeke (and any subcontractors engaged) agree that all parties will not at any time disclose any of the clients information that they have deemed, in writing, to be confidential to any third party.
The client agrees to reimburse Niklas Goeke for any requested expenses which do not form part of the agreed upon scope of work including but not limited to the purchase of templates, third party software, software or service licenses or comparable expenses.
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Germany. The client and Niklas Goeke submit to the non-exclusive jurisdiction of the courts in Germany in relation to any dispute arising under these terms and conditions or in relation to any services performed for the client by Niklas Goeke.
The client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Niklas Goeke and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from the clients or any associates of the clients’ use of Internet electronic commerce.
ACCEPTANCE OF TERMS AND CONDITIONS
The client accepts, agrees to and hereby opts in to the above terms and conditions by accepting any proposal, scope of work, work performed, product, or by submitting any payment to Niklas Goeke.