TERMS AND CONDITIONS
for services and products provided by the language coach
Miranda Kragulj, registered as sole proprietor in
General principles and scope of application
These terms of service aim to govern the legal relationship between Miranda Kragulj. The version valid at the time of the conclusion of the contract shall apply.
These General Terms and Conditions shall also apply to all future contractual relationships, thus also in the event that no express reference is made to them in supplementary contracts.
Any conflicting General Terms and Conditions of the client shall be invalid, unless there is a written agreement confirming that fact.
In the event that individual provisions of these General Terms and Conditions are and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and economic purpose of the invalid provision.
Scope of the Terms and Conditions
These Terms and Conditions apply in all cases when the coach provides a service to the client.
By placing an order, the client accepts the applicability of these Terms and Conditions, unless there is a written contract signed by the coach confirming otherwise.
The scope of the specific coaching services has to be agreed on in each individual case.
Language coach means Miranda Kragulj, sole – proprietor, with a business address in Obere Weissgerberstrasse 24/12, A-1030 Vienna, specialized in English language coaching
A client means a person who made a purchase over the website, email, telephone and/or other suitable way and received confirmation by the coach
A coaching session means the duration of 45 minutes, in which the coach delivers the services she was booked for
Online language guide/e-book means the guide book, created by Miranda Kragulj, which aims to support her clients in improving their English language skills
Online courses mean a series of recorded videos, created by Miranda Kragulj which aim to support her clients in improving their English language skills
5.1. English Language Coaching
The coach offers coaching sessions in the area of English Language coaching. The coach supports her clients to refine second-language communicative proficiency for workplace performance. The scope of the training depends on the individual needs of the client and shall be discussed individually and based on metacognitive practices like strategy and goal setting, action planning, and goal review. The number of the trainings and their frequency shall be discussed and agreed upon with each client individually.
5.2. Online Language Guide
The online Language Guide Phrasal Verb E-book created by the coach is an e-book, suitable for English learners and can be purchased over the website’s online shop. The online shop is located on the external platform Payhip.com. The name of the online shop on this platform is Payhip.com/EnglishwithMiranda. After transferring the e-book's payment, it will be automatically accessible for download. Each e-book you purchase is marked with your email address on every page of the PDF. This is a way of preventing the illegal distribution of ebooks. If you did not receive access to download the e-book, you can contact the coach under the following email: email@example.com
5.3. Online Language Courses
The online language course, created by the coach, is a course delivered via the internet, providing a means for content delivery, assignment completion, and synchronous and asynchronous communication for learners in different locations. The course includes recorded videos, accessible over the platform Payhip and/or live coaching sessions on Zoom. After registering for the course by e-mail, the website, telephone, or another suitable way and transferring the payment, you will receive access to the recorded videos. The videos will be accessible over the platform Payhip for the period of six months.
Protection of intellectual property:
The coach retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, scale models, etc., unless there is a written confirmation between the parties confirming otherwise
The client may not copy or have copied the intellectual property rights without prior written permission from the coach, nor show them to third parties and / or make them available or use them in any other way.
The client agrees not to archive, reproduce, distribute, modify, publicly perform, publish, license, or create derivative works from, or offer for sale, content, and information contained on the platform or obtained from the coach. We may terminate or restrict your use of our service if you violate the copyright of these Terms and Conditions or are engaged in illegal or fraudulent use of the service.
Purchasing a service
You can purchase a coaching session over the contact form of the coach’s website, e-mail, telephone or any other suitable way. Making an order itself is not a confirmation of concluding a contract.
After your purchase has proceeded, you will receive a confirmation with the date and time for your coaching session. You can decline a time slot twice. The new time slot should be agreed over email correspondence.
Costs of services and products
The prices of services and products provided by the coach are in accordance with our price list. The price list is part of these Terms and Conditions
The prices for each service and/or product are listed on our website and include all applicable taxes. Please, be advised that the different platforms, that offer the services and courses may charge different VAT, depending on the country, where the client is making the purchase from. About the exact conditions regarding the platforms’ rules, please read and agree to their Terms and Conditions.
Payment and payment methods
9.1. Coaching sessions
Upon completion of the agreed work, the coach shall receive a fee in accordance with the agreement between the client and the coach. The coach shall be entitled to submit interim invoices in accordance with the progress of the work and to demand payment on account in line with the respective progress. The fee shall be due within seven days after issuing the invoice.
The coach will issue an invoice entitling the client to a deduction of input tax with all features required by law.
If the agreed services are not provided for a reason on the part of the client or due to a justified premature termination of the contract by the coach, the coach shall retain the right to payment of the entire agreed fee less any expenses saved. In the event that an hourly fee is agreed upon, the fee shall be paid for the number of hours that could be expected for entire work agreed less any expenses saved.
In the event of non-payment of interim invoices, the coach is released from her obligation to provide further services. However, this shall not affect the assertion of further claims resulting from non-payment
9.2. Online guide and courses
These platforms are responsible for any technical issues during the payment process, but the coach will assist you with solving any issue related to the process.
In case of any problem with payment or your purchase just contact the coach at firstname.lastname@example.org and she will take care of your problem immediately.
The client can cancel a coaching session within 48 Hours before the scheduled date and time. If the client does not fulfill this obligation the coach can bill the client for a missed meeting. The Coach will attempt in good faith to reschedule the missed meeting.
Legal right of withdrawal
For services/products purchased online, the client has the right, without giving a reason, to withdraw from the contract within 14 days of the conclusion of the said contract (i.e., the date of the order placement).
This right is waived when the contract concerns services such as e-books and online courses, accessible straight after the purchase and the coach started delivering them / the download process has been completed.
This provision is only applicable to orders that value over 50,00 EUR. Orders under that amount are not subject to the right to withdrawal.
12.1 Coaching Sessions:
Except as expressly provided in these Terms and Conditions, 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 these Terms and Conditions, 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.
12.2. Online guide and language courses
The coach is not liable for any delay in delivery or non-delivery of guidebooks under the following circumstances:
If the payment card issuer or bank refuses to authorize payment to the coach:
If such delay or failure is due to circumstances beyond our control or the control of our subcontractors and agents, including but not restricted to war, electricity power failure, utility failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, legislative constraints, strikes, labor disputes or malicious damage involving employees.
If the delivered goods are defective, general Austrian warranty rights apply.
Applicable law and place of jurisdiction
The contracting parties confirm that all information in the contract has been provided conscientiously and truthfully and undertake to notify each other immediately of any changes.
Changes to the contract and the General Terms and Conditions must be made in writing; the same applies to any departure from this formal requirement. Oral collateral agreements do not exist.
Austrian law shall apply to this contract to the exclusion of the referral rules of private international law. The place of performance shall be the place of the coach’s professional establishment. The court at the place of business of the coach shall have jurisdiction over any disputes.