Terms and Conditions

These terms and conditions outline the rules and regulations for the use of MSConsulting’s Website, located at michalsestak.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use MSConsulting if you do not agree to take all of the terms and conditions stated on this page. Our Terms and Conditions were created with the help of the Terms And Conditions Generator website.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

This site is not a part of the Facebook website or Facebook Inc. Additionally, this site is not endorsed by Facebook in any way. FACEBOOK is a trademark of FACEBOOK, Inc.

Cookies
We employ the use of cookies. By accessing MSConsulting, you agreed to use cookies in agreement with the MSConsulting’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License
Unless otherwise stated, MSConsulting and/or its licensors own the intellectual property rights for all material on MSConsulting. All intellectual property rights are reserved. You may access this from MSConsulting for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from MSConsulting
Sell, rent or sub-license material from MSConsulting
Reproduce, duplicate or copy material from MSConsulting
Redistribute content from MSConsulting
This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. MSConsulting does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of MSConsulting,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, MSConsulting shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

MSConsulting reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant MSConsulting a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of MSConsulting; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to MSConsulting. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of MSConsulting’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
The infographic on the homepage was provided by www.freepik.com, designed by New7ducks and adjusted by MSConsulting, in accordance with their license and T&C.

Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

Enrolling in the coaching – Financial

All Agreed Services are final and non-refundable. Exchange is not accepted.

Upon Signing of this Agreement, the Client shall satisfy all agreed Financial consideration Immediately.

Unless otherwise agreed with the Company and signed by both Parties, if relevant see Annex 2 – Payment date(s) in the agreement.

The Client agrees to provide full Financial Consideration for all Agreed Services in all circumstances, including in the event of a breach of this Agreement, non-completion or omission to participate in the Agreed Services.

Any charges payable under this Agreement are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by the Company to the Client under this Agreement and such shall be payable by the Client to the Company in addition to all other charges payable hereunder.

All payments due under this Agreement shall be made immediately. In the event that the due date of any payment is a Saturday, Sunday or national holiday, such payment may be paid on the following business day. If the payments are not paid on the date such payments are due under this Agreement, the Client shall be liable to pay a penalty of ten percent (10%) from the price of the Agreed Services after ten (10) days of the payment delay.

Cancellation of the Personalized Coaching Services Membership does not affect the agreed Payment for the agreed Personalized Coaching Services and all Customers agree to pay for all agreed amounts regardless of the outcome.

Terms
The Agreement of Personalized Coaching Services shall be valid after the Agreement of Personalized Coaching Services is signed by both Parties.

All Agreed Services shall commence upon all relevant parties signing this Agreement, at the reasonable discretion of the Company.

This Agreement shall continue to be effective until the natural end of the Agreed Services, unless terminated sooner in accordance with this Agreement.

Consumer Rights Warning
The Consumer is not able to exercise the right to withdrawal or cancellation of the Agreement of the Coaching Services. The 14-day cooling-off period is not applied. Section 28(1)(b) of the Consumer Contracts Regulations excludes ‘the supply of goods and services that are made to the consumer’s specification or are clearly personalized’ from the right to cancel.

The Client explicitly acknowledges and declares that they have fully read, understood and acknowledged this Agreement, Terms & Conditions, Privacy Policy and all relevant Legal Terms and Information made available by the Company.

Breach
If the Client is in breach of any material obligation contained in this Agreement they may, at the discretion of the company, remedy the situation, if the same is capable of being remedied, within ten (10) days of notice from the Company.

With a view of maintaining a friendly environment, in the event that the Client’s actions and/or behaviour are deemed by the Company to be a hindrance, in any way, impacting any Service provided in any way, then these actions shall amount to a Breach of this Agreement at the reasonable discretion of the Company.

The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.

Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.

Any modification (including the cancellation) of this agreement or additional obligation assumed by either party in connection with this Contract shall be binding only if evidenced in written consent and signed by each Party.

All Disputes shall be mediated under regulated and unbiased third parties following the guidance of the Courts as determined by the competent court as dictated by the Company.

Should any portion of the Agreement be declared or held to be void, invalid or unenforceable by a court of competent jurisdiction, then the provision shall be served from this contract and the remaining provisions of this Agreement shall remain in full force and effect.

This Agreement can only be Transferred or Assigned with written consent from both parties.

Coaching calls are subject to changes, rescheduling  or termination if agreed between both Parties. However, this needs to be clearly communicated ahead of time, no later than 24 hours prior to the call. If the Client fails to show up for the call on time (max. 10 minute delay is acceptable) or fails to inform the Company about the need to reschedule, the coaching call will not be rescheduled or replaced.

Copyright MSConsulting OÜ 2020 – All rights reserved.