Coachello SAS General Terms and Conditions
Coachello SAS, is a private limited liability company organized under French law and established in Paris (Commercial Register number 85232549700018) (“Coachello”). Coachello is a tech company offering personalized coaching services and data analytics.
If you are not satisfied with our services, or those from a coach out of our network of coaches made available to you or your employees, for any reason, we would like to hear from you. Please contact us through [email protected].
The general terms and conditions (« GTC ») apply to any assignment, agreement and / or order of services from Coachello. All assignments will be carried out by persons associated with Coachello. In these general conditions, ‘persons associated with Coachello’ means every natural or legal person that directly or indirectly is or has been working for or with Coachello, including but not limited to current or former employees, contractors, advisers, managing directors, shareholders and/or partners.
Except to the extent that liability cannot be limited, all liability of Coachello, persons associated with Coachello, and all persons involved in carrying out instructions from the client or who are or may in any way be liable, including joint and several liability, in connection or related therewith is limited in aggregate to the amount paid out, if any, under the applicable liability insurance policy, plus the applicable deductible.
Coachello may engage third parties, including coaches or coaching firms, worldwide, in connection with the assignment from the client, and may use digital means of communication and other digital services (“digital services”), whether or not offered by third parties. Coachello shall exercise the necessary due care in its selection of third parties and such digital services
These general conditions, including the limitations of liability, apply not only to Coachello, but also to all persons involved in carrying out the assignment from the client.
Unless it is explicitly indicated otherwise, all amounts invoiced or mentioned by Coachello are exclusive of VAT and exclusive of any other tax, surcharge or similar increase that a client, payer or Coachello is obliged to pay under applicable laws or regulations or that Coachello is obliged to charge. If Coachello incurs any costs, charges, or write-offs as a result of unilaterally imposed or electronically to be accepted terms and conditions for billing (e.g. e-billing), these will be passed on to the client. The services rendered shall in principle be charged to the client on a monthly basis, subject to payment within 14 days from the date of the invoice. If Coachello issues invoices at other intervals, our fees remain due and payable.
These general conditions are also available on Coachello’s website: www.coachello.io/generalconditions. The general conditions of our clients or any third party, if any, do not apply and are expressly rejected.
The agreement to carry out the assignments and all legal relationships that are related therewith, are exclusively governed by French law with the exception of rules of international private law, which may lead to the applicability of the laws from other jurisdictions.
Unless stipulated otherwise, any disputes that are related to our services shall in the first instance be exclusively decided by the competent court in Paris, France.
The term disputes shall be deemed to include disputes that are wholly or partially based on non-contractual principles or relate to the nullity, nullification or existence of any legal act or agreement.
Coachello will deliver the Services ordered with the highest quality possible. However, Coachello only has an obligation of means.
Cancellations of employees of our clients effectuated less than 24 hours before their video coach sessions will be invoiced. In case of onboarding, a group of team coaching or training this period is prolonged to 48 hours.
Unless agreed otherwise, credits for coaching sessions are valid for one year from the date of purchase. Unredeemed coaching credits will be declared null and void after this period.
In the event of non-performance by the Client of one of its obligations (notably the obligation of payment), Coachello may suspend the Services, to the exclusive fault of the Client, without prejudice to the damages that it could claim. Termination for any reason whatsoever will result in the immediate cost of the costs incurred by Coachello and the amounts already paid will be retained.
During the term of the Agreement and for two (2) years from its termination for any reason whatsoever, the Client undertakes not to recruit or attempt to engage, directly or indirectly, Coachello staff (or any other company of the group to which it belongs). Otherwise, the Client will pay Coachello an amount equivalent to six months of the last gross monthly remuneration of the staff concerned, without prejudice to any damages that it may claim.
Coachello will be released from its obligations to the Client in case of force majeure. It will carry the same consequences as a case of force majeure, even in cases where the legal and jurisprudential conditions of force majeure would not be met, events such as including wars, riots, states of emergency, fires, natural disasters, social conflicts, means of transport not available.
The Client authorizes Coachello to use its trademarks and / or other distinctive signs as a commercial reference for the Contract and for two (2) years from its termination for any reason whatsoever, and thus, worldwide. The Client agrees in particular that Coachello reproduces its trademarks and / or other distinctive features on its website and / or other communication media.