General Terms and Conditions
Provider of Coaching Services
The coaching services are provided by
- The coaching services are provided by
Registered name: Ing. Jana Kuricová
Office Address: Grösslingová 67,811 09 Bratislava-Staré Mesto
Corporate ID: 54 487 129
Tax ID: 1086247294
Incorporated into: the Commercial Register of the District Court in Bratislava, Trade Office number: 110-311879
E-mail: executive@janakuricova.com
Phone: +421 944 922 844 +421 944 922 844
(hereinafter referred to as the “Coach”).
- The Coach is a holder of the Advanced Coaching Skills certificate issued by the coaching schools Results & Emotions in Prague, Czech Republic. This certificate fully complies with the coaching competences defined by the International Coaching Federation (ICF). The Coach had taken a minimum of 76 hours of training, has a minimum of 140 hours of coaching practice, received the necessary mentoring and passed all the exams required to be awarded this certificate.
- In providing coaching services the Coach follows the ICF Code of Ethics, which is available in Slovak language here.
General Terms and Conditions and their Application
- The Coach has issued these General Terms and Conditions of Coaching Service Provision (hereinafter referred to as “GTC”) which form an integral part of all Coaching Service Contracts (hereinafter referred to as the “Contract”) concluded between the Coach and a customer – a natural person or a legal entity (hereinafter referred to as the “Customer”).
- The GTC relate to providing coaching services and along with all other written documents and oral agreements made between the Coach and the Customer in connection to the provision of such services specify the contents of the contractual relationship between the Coach and the Customer.
- If the Coach and the Customer conclude a separate written contract, the subject matter of which is the provision of coaching services, their rights and obligations will be governed by the provisions of these GTC within the scope not defined in the written contract. In case of a discrepancy between the terms of the written contract and these GTC, the provisions of the contract take precedence over the provisions of the GTC.
Subject Matter and Manner of Performance
- The subject matter of the performance provided by the Coach in accordance with her trading certificate is business, organizational and economic consulting – consulting, advisory, training and coaching services in the field of human resource development with focus on coaching services in the field of human resource development (hereinafter referred to as “Coaching”).
- The Coach undertakes to personally provide the Coaching services to the Customer (or the thereby designated person), with the objective of achieving specific agreed goals stipulated following the initial arrangement between the Coach and the Customer (or the thereby designated person) through a series (hereinafter referred to as “Coaching period”) of regular talks or sessions with the Customer (or the thereby designated person) (hereinafter referred to as “Session”) under the agreed terms and the Customer undertakes to pay the agreed remuneration to the Coach for the provided Coaching services. For the avoidance of any doubt, one (1) Coaching period shall pertain to one (1) agreed goal or one (1) group of agreed Coaching goals.
- The Sessions may take place over the phone or using other means of electronic communication (internet communication platforms, such as Skype or Zoom), and in particular face-to-face at the Coach’s place of business or at another suitable location agreed between the Coach and the Customer (or the thereby designated person).
- The duration of one (1) Session shall be sixty (60) minutes, unless otherwise agreed between the Coach and the Customer.
- The Customer (or the thereby designated person) shall arrive at the agreed location on time. Should the Customer (or the thereby designated person) fail to arrive at the agreed location on time, the Coach shall be entitled to receive the full amount of the remuneration due for the Session.
- If the Customer (or the thereby designated person) fails to show up to a Session without notifying the Coach in advance of their inability to participate according to the GTC clause below, the Coach will be entitled to charge:
50% of the remuneration due for the Session, if the Customer (or the thereby designated person) fails to attend a Session for the second time during a Coaching period,
100 of the remuneration due for the Session, if the Customer (or the thereby designated person) fails to attend a Session more than two times during a Coaching period; in this case the Coach also becomes entitled to withdraw from the Contract and cease providing the Coaching services. - The Coach and the Customer (or the thereby designated person) will agree on the date, time and place of the next Session in advance, usually at the end of the previous Session. The Coach and the Customer (or the thereby designated person) shall be obliged to notify one-another of the rise of possible obstacles preventing them from attending an agreed Session 24 hours before the agreed time of the Session at the latest. In this case the Coach and the Customer (or the thereby designated person) will agree upon a new time, date (and/or place) of the next Session.
The Course of the Session/Coaching
- The Coach undertakes to conduct the Coaching conscientiously, with due professional care, using all her Coaching knowledge and skills.
- During a Session the Customer (or the thereby designated person) may experience emotional and/or physical stress, therefore the Customer (or the thereby designated person) is obliged to prepare and attend the Session in good physical and mental condition.
- The Customer (or the thereby designated person) is obliged to prepare for the individual Sessions and complete all the assignments (actions) agreed with the Coach during the Coaching period. If the Customer (or the thereby designated person) is unable to complete these assignments (actions), he or she shall notify the Coach of this without an undue delay. If the Customer (or the thereby designated person) refuses to complete the assignments (actions) without justification, the Coach becomes entitled to withdraw from the Contract and cease providing the Coaching services.
Responsibility and warranties
- The Coach provides the Coaching services by herself, on her own account and responsibility.
- In no event shall the Coach be liable for any material or non-material damage which the Customer (or the thereby designated person) may suffer in connection to providing the Coaching services, including the impact of any mental, physical and/or emotional stress or discomfort caused directly or indirectly by a Session or experienced during the Coaching period. The Customer (or the thereby designated person) acknowledges that the Coaching may be physically and/or mentally demanding and therefore declares that he or she takes the Coaching sessions at his/her own risk and peril.
- Should a third party file a damage claim against the Coach (claiming either material or non-material damage) in connection to the Coaching, the Customer (or the thereby designated person) becomes obliged to reimburse the Coach for all cost incurred in connection to such a claim, including any and all compensation of damages and lost profit.
- The Coach provides no warranty that the coaching methods used during her Sessions and the entire Coaching period will be effective and will allow the Customer (or the thereby designated person) to achieve the required goals of Coaching. The Customer (or the thereby designated person) acknowledges that the results of the Sessions and the entire Coaching period are uncertain, whereas they are contingent on many circumstances which cannot be foreseen. In no event does the Coach provide any warranties with regard to the outcome of the Coaching.
Ordering Coaching and Signing of Contract
- The Coach provides Coaching services on the basis of a Contract, which, unless otherwise agreed between the Coach and the Customer, is concluded on the date of payment of the remuneration for the Coaching. The payment of the remuneration represents a binding expression of the Customer’s will to conclude a Contract with the Coach, and by making the payment the Customer confirms he or she became acquainted with the GTC and accepts them in whole. The Customer is obliged to immediately make the designated (third) person, to whom the Coaching services are to be provided, familiar with the GTC.
- The Coach concludes the Contract with the Customer on the basis of a Coaching service order which can be delivered to the Coach in writing either in person or by post to the address of her business specified in Article I. clause 1 of the GTC or via e-mail to the address specified in Article I. clause 1 of the GTC. The order can also be made in oral form (by phone or via SMS) using the phone number specified in Article I. clause 1 of the GTC.
- On the basis of the Coaching service order the Coach will agree with the Customer (or the thereby designated person) the exact date and place of the first Session, during which the basic terms of Coaching service provision will be agreed, in particular the needs and objectives of the Coaching, the expected duration of the Coaching period and the remuneration due for each Session. During the first Session, the Coach provides the Customer (or the thereby designated person) all information necessary to make the payments for the provided Coaching services. The first Session is free of charge.
- The Coach is obliged to notify the Customer (or the thereby designated person) of these GTC and their contents, as well as of them being available at her website, or provide the GTC to the Customer for review.
Price and Terms of Payment
- The Coach provides the Coaching services for a remuneration, whereby the amount of the remuneration will be agreed between the Coach and the Customer.
- The remuneration is provided to the Coach in advance for each individual Session. If the remuneration has not been paid in a due and timely manner, the Coach becomes entitled to cancel the Session and stop providing the Coaching services.
- During the first Session the Coach provides the Customer (or the thereby designated person) with all information necessary to make the payments. If necessary, the Coach will make an advance invoice for the Customer.
- Following the payment, the Coach will issue to the Customer a commercial invoice.
- All tax documents will be sent by the Coach in electronic form to the e-mail address provided to her by the Customer and the Customer accepts this. The remuneration shall be deemed paid when the funds are credited to the Coach’s bank account specified on the invoice.
Confidentiality
- The Coach is obliged to maintain confidentiality with regard to any and all confidential information provided to her by the Customer (or the thereby designated person) in the course of Coaching service provision, and this obligation shall survive the termination of the Contract. The Coach is obliged to take all measures which can be reasonably required of her in order to protect the confidential information and she shall not disclose such information to any third party without the previous consent of the Customer (or the thereby designated person).
- The Customer (or the thereby designated person) is in no way authorized to use, reproduce, publish or otherwise disclose to any third parties any procedures, techniques, presentations, methodologies, precedents, materials or know-how used by the Coach during the Coaching sessions.
Privacy Policy
- Pursuant to Art. 4(7) of the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as “GDPR”) the data controller is the Coach (hereinafter also referred to as the “Controller”), whose contact information is specified in Article I. clause 1 of these GTC.
- The personal data of the Customer (or the thereby designated person) shall be data relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to a generally usable or other identifier, such as a name, surname, identification number, localization data or online identifier, or to one or more factors specific to their physical, psychological, genetic, mental, economic, cultural or social identity.
- The Controller collects the following personal data: academic degree, name, surname, phone number and e-mail address.
- The data Controller has not appointed a Data Protection Officer.
- The Controller is processing personal data provided to her or obtained by her in the process of fulfilling Coaching service orders.
- The Controller is processing personal data necessary for the performance of the Contract.
- Legal grounds of personal data processing are as follows:
- performance of the Contract pursuant to Art. 6(1)(b) of the GDPR,
- legitimate interest of the Controller to provide direct marketing services pursuant to Art. 6(1)(f) of the GDPR.
- The purpose of personal data processing is:
- processing of Coaching service orders and the performance of rights and obligations arising out of the contractual relationship between the Customer and the Controller; with each order the personal data specified above must be provided, as they are necessary to successfully process the order. Personal data must also be provided in order to conclude and fulfil a Contract. The Controller will be unable to sign and fulfil the Contract if no personal data is provided,
- sending of commercial proposals and performance of other marketing activities.
- The Controller does not perform automatic individual decision-making pursuant to Art. 22 of the GDPR.
- The Controller retains personal data:
- for the time period necessary to enforce the rights and obligations arising out of the contractual relationship between the Customer and the Controller and exercise the claims arising out of such contractual relationships,
- for as long as the Controller’s legitimate interest applies.
- After the lapse of the retention period the Controller deletes/destroys the personal data.
- The Controller shall not provide the personal data to any third parties (e.g. subcontractors).
- The Controller does not intend to transfer personal data to a third country (outside the EU) or to an international organization.
- Under the conditions stipulated in the GDPR the Customer (or the thereby designated person) has:
- the right of access to his or her personal data pursuant to Article 15 of the GDPR,
- the right to rectification of his or her personal data pursuant to Article 16 of the GDPR, or to restriction of processing pursuant to Article 18 of the GDPR,
- the right to erasure of his or her personal data pursuant to Article 17 of the GDPR,
- the right to object to processing pursuant to Article 21 of the GDPR, and
- the right to data portability pursuant to Article 20 of the GDPR.
- The Customer (or the thereby designated person) has the right to lodge a complaint with the Office for Personal Data Protection if he or she assumes that his or her right to protection of personal data is being violated.
- The Controller represents, she adopted all appropriate technical and organizational measures necessary to ensure protection of personal data. The Controller has adopted technical measures to secure data warehouses and storage of personal data in documentary form, she uses secure/encrypted e-mail access, updates the system on regular basis and creates regular system backups.
Complaints Code of Practice
- This Complaints Code of Practice regulates the procedure used in filing complaints with regard to the Coaching services offered by the Coach.
- The Complaints Code of Practice shall be binding on both the Coach and the Customer and forms and integral part of these GTC.
- The Complaints Code of Practice contains information about the scope, terms and manner of filing complaints and about where a complaint can be filed.
- The Coach shall process consumer complaints in compliance with the respective legal regulations of the Slovak Republic.
- The Customer is entitled to file a complaint with regard to (i) the quality of the Coaching service provided or with regard to (ii) the correctness of the amount charged for the provided Coaching service.
- The Customer shall file a complaint without an undue delay after discovering the reason for filing a complaint. When filing complaints, the Customer shall provide the Coach with the basic information necessary to identify the fault in the Coaching service.
- The Customer may file the complaint in writing by sending/delivering the complaint to the address of the Coach’s business specified in Article I clause 1 of the GTC or via e-mail to the address specified in Article I. clause 1 of the GTC. The Customer may also file other grievances and motions to the specified contact addresses.
- When the Customer files a complaint, the Coach is obliged to give the Customer instructions on the following rights pursuant to the Act No. 40/1964 Coll. the Civil Code as amended:
- If the fault can be rectified, the Customer has the right to have the fault rectified in a due and timely manner free of charge. The Coach will be obliged to rectify the fault without an undue delay. Instead of rectifying the fault the Customer may demand a replacement Coaching service, or, if the fault only pertains to a part of the Coaching service, replacement of part of the service, unless this would incur disproportionate expenses to the Customer considering the price of the Coaching service or the seriousness of the fault. Instead of rectifying the fault, the Coach may always replace the faulty part of the Coaching with a faultless one, unless this would cause serious issues to the Customer.
- If the fault cannot be rectified and it prevents the Coaching service from being duly used as a faultless service, the Customer becomes entitled to have the service replaced or to withdraw from the Contract. The Customer shall have the same rights if the fault can be rectified, however, the Customer is unable to duly use the service due to repeated/multiple faults in the Coaching service even following the rectification. If the fault cannot be rectified the Customer becomes entitled to a proportionate discount out of the Coaching price.
- Following the Customer’s choice of one of the rectification options available to him/her according to these GTC, the Coach becomes obliged to determine how the complaint will be handled immediately, or in the more complex cases, within three (3) business days from the date of the complaint at the latest, however, in justified cases, within thirty (30) days from the date of the complaint at the latest.
- The complaint shall be processed by the Coach immediately, in justified cases it may be processed later, however, it must not take longer than thirty (30) days from the date of the complaint. After the expiry of the time period for processing the complaint, the Customer becomes entitled to withdraw from the Contract or to have the Coaching service replaced by a new service.
- When processing the complaint, the Coach shall provide the Customer with a confirmation of complaint receipt immediately, or without an undue delay, however, along with a document confirming settlement of the complaint, at the latest. The Confirmation of complaint receipt does not have to be delivered if the Customer is able to demonstrate filing of the complaint in a different way.
- The Coach is obliged to issue a written confirmation of complaint processing within thirty (30) days from the date of filing the complaint.
Termination of Contract
- The Contract may be terminated:
- by an agreement of the Coach and the Customer,
- by a withdrawal of the Coach or the Customer on legal grounds, or on grounds stipulated in these GTC,
- by not paying the remuneration for the next Session.
- The Contract shall also be terminated, if the Coach or the Customer cease to exist without a legal successor.
- The Customer, as a consumer, is entitled to withdraw from the Contract even without stating a reason within fourteen (14) days from the date of its signature. The Customer shall not be entitled to withdraw from the Contract, if the fulfilment of the Coaching service began with his/her explicit consent before the expiry of the specified time limit for Contract withdrawal. This provision shall not affect the Customer’s right to withdraw from the Contract in other cases specified in these GTC.
- Contract Withdrawal Form
Alternative Dispute Resolution
- The purpose of this article of the GTC is to notify the Customer (consumer) of the possibilities and terms of alternative resolution of disputes arising in connection with the Contract and its performance.
- An alternative dispute resolution shall denote a procedure by an alternative dispute resolution body the objective of which is to achieve an amicable settlement of the dispute between the parties, i.e. the Coach and the Customer. The Customer may choose to resolve his/her dispute with the Coach using an alternative dispute resolution procedure.
- Pursuant to the generally binding legal regulations of the Slovak Republic the alternative dispute resolution body (entity) is the Slovak Trade Inspection Office, which the Customer may turn to.
- To obtain more information regarding the terms and the platform of alternative dispute resolution the Customer may use the following link.
- The Customer may submit a proposal to start an alternative dispute resolution procedure using the alternative dispute resolution platform in accordance with Art. 14 section 1 and 2 of the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer Online Dispute Resolution) (Official Journal of the EU L 165, June 18, 2013), link to platform.
Amendment of the GTC
- If required, the Coach may unilaterally change these GTC, and shall notify the Customer of such change immediately.
- If the Customer does not agree with the proposed change of the GTC, he/she becomes entitled to withdraw from the Contract with effect from the date of effect of the said GTC change.
- The Customer shall notify the Coach of his/her intention to terminate the Contract due to the upcoming change of GTC within five (5) business days from being notified of the upcoming GTC change by the Coach. Otherwise, it shall be deemed that the Customer approves of the GTC change without any reservations.
Final Provisions
- These GTC become valid and effective on February 25, 2022.
- Any legal relationships between the Coach and the Customer (or the thereby designated person) not regulated by these GTC shall be governed by laws of the Slovak Republic. These GTC shall be governed by the laws of the Slovak Republic.
- These GTC lose their validity and effect on the date the next version of the GTC becomes valid and effective.
- The current version of the GTC is available twenty-four (24) hours a day on the Coach’s website or in printed form at the Coach’s place of business.
- These GTC have been made in Slovak and English language. In case of any inconsistencies or discrepancies between the Slovak and English versions, the Slovak version shall prevail and be binding.
- Any and all disputes will be settled preferentially out of court by negotiation or mutual agreement. If the Coach and the Customer are unable to resolve their dispute out of court, they shall have the right to submit the matter to a court in accordance with the applicable legal regulations of the Slovak Republic.
- Should any of the provisions of these GTC or a part thereof become invalid, ineffective or unenforceable, the other provisions shall not be affected by this and remain fully valid. In this case the Coach shall replace such provision with a valid, effective and enforceable provision that differs as little as possible from the principles agreed herein while maintaining the economic and legal purpose and meaning of the provision being replaced. The Customer shall be notified of such change of GTC in advance, including on the day of effect of such change.