GENERAL TERMS AND CONDITIONS
ARTICLE 1.
PARTIES AND TERMS
1.1 Client: the person to whom Anne Koçu provides her services. The client is, unless agreed otherwise in writing, the one who is responsible for paying the agreed price for the services provided by Anne Koçu.
1.2 Contractor: Anne Koçu is registered as a contractor with the Chamber of Commerce in Istanbul under number 414638-5. Anne Koçu provides services in the field of pregnancy preparation and postnatal recovery coaching, personal coaching, messages such as blogs, podcasts, videos, etc. via social media and her website(s).
1.3 Project: Coaching package (pre- or postnatal)
1.4 Order: Request for coaching
1.5 Contract amount: the total amount of the order as agreed upon in the signed order confirmation, the order placed via the website or mentioned in the quotation or program proposal approved by the client.
ARTICLE 2.
APPLICABILITY OF THESE GENERAL TERMS AND CONDITIONS
2.1 These General Terms and Conditions apply to all offers, quotations, orders and work agreed upon with Anne Koçu.
2.2 Anne Koçu reserves the right to adjust or modify these General Terms and Conditions in the future. New versions shall be immediately effective once they become publicly accessible via the website of Anne Koçu.
2.3 If one or more provisions of these General Terms and Conditions become invalid, the remaining provisions of these General Terms and Conditions shall remain in force. In such cases, the parties shall agree on substitute provisions, which shall reflect the intent of the original provision as much as possible.
ARTICLE 3.
OFFERS AND ACCEPTANCE OF THE ORDER
3.1 All offers made by Anne Koçu have a validity period of 30 days from the date of issuance, are non-binding and can be withdrawn in any form. Anne Koçu is not bound by offers if they are not accepted in writing within 30 days from the date of issuance of the offer. If the client accepts the offer within the validity period, Anne Koçu reserves the right to retract the offer within five business days after receipt of the acceptance.
3.2 Quotations by Anne Koçu are exclusively based on the information provided by a (future) client. The client shall provide Anne Koçu with all information that is important for making the quotation and for compiling and executing the order to the best of its knowledge. If this information proves to have been incorrect and/or incomplete at any time, Anne Koçu reserves the right to unilaterally adjust the agreed upon contract amount with the client.
3.3 An order is given by the client by: a) placing an order via the website or other (social media) channels of Anne Koçu and/or b) returning a signed agreement issued by Anne Koçu. and/or c) providing written or email consent to a (digital) quotation or order confirmation sent. In the case of approval of a quotation, it shall also be deemed a confirmation of the order. 3.4 The absence of a legally binding signed order confirmation, agreement or quotation does not release the client from its obligations as set forth in these General Terms and Conditions and the provisions as mentioned by Anne Koçu in her quotation or order confirmation once the delivery of the agreed upon service with Anne Koçu has begun.
ARTICLE 4.
INTERIM CHANGE OF THE ORDER
4.1 If the client has a need to change the order or its execution in the interim, Anne Koçu shall make the intended adjustments, if possible. Any resulting costs that exceed the original contract amount shall, without a separate written order, be invoiced as additional work to the client. By requiring a change of the order, the client has agreed in advance to the additional costs thereof. (This is the case when the client requests home visits instead of previously agreed online coaching, or when the client requests extra coaching sessions outside of the package).
4.2 In the case of coaching sessions at home, Anne Koçu reserves the right to unilaterally change to online coaching services when unforeseen circumstances occur.
ARTICLE 5.
EARLY TERMINATION OF THE Project.
5.1 Both parties may unilaterally terminate the agreement if one of them believes that the project execution can no longer take place in accordance with the project. Such a decision must be substantiated, in written, and timely communicated to the other party.
5.2 If the client terminates prematurely for reasons other than negligence by the contractor, Anne Koçu still has the right to receive payment of the full, agreed-upon project amount, including compensation for the costs she incurred and may still incur. With the client’s agreement to the order, the client agrees to payment of entire order. If payment has already been made, no refund will be made. This is the case, when the client terminates the agreement before finishing the entire project. Upon acceptance of the offer made by Anne Koçu as mentioned in article 3.4, client agrees to payment of full amount of project.
5.3 Anne Koçu may only exercise her right to terminate prematurely if, as a result of facts or circumstances that cannot be attributed to Anne Koçu and hinder a good execution of the project, it cannot reasonably be expected that Anne Koçu will complete the project. In that case, Anne Koçu retains at least the right to payment for work she has already performed up to the moment of premature termination.
ARTICLE 6.
CONTRACTOR’S OBLIGATIONS
6.1 Anne Koçu will perform the services she delivers to the best of her ability. Anne Koçu only has an obligation to make an effort, which means that Anne Koçu does not guarantee the success and outcome of her services or the extent to which these services contribute to the goal set by the client.
ARTICLE 7.
RATES, COSTS, AND PRICES
7.1 The offer from Anne Koçu clearly indicates which rates and costs will be charged by Anne Koçu for the specified work. Prices are in Euro, in case of payment in Turkish Lira, they are calculated to the exchange rate on the day of invoice.
7.2 The prices in offers, contracts, and other publications are exclusive of 20% KDV.
ARTICLE 8.
INVOICING AND PAYMENT CONDITIONS
8.1 The costs for the services provided by Anne Koçu are invoiced to the client by Anne Koçu by means of an electronic invoice. Anne Koçu is free to charge the entire amount of the project in one installment.
8.2 Payment by the client must be made before the due date stated on the invoice.
8.3 After this due date, the client is in default and is required to pay Anne Koçu the legal interest (10% per 30 days) on the amount of the invoice, without any notice of default being required. If payment is late, Anne Koçu may also unilaterally suspend the assignment without being liable for damages to the client. Furthermore, in that case, Anne Koçu is entitled to unilaterally terminate the agreement without the need for judicial intervention.
8.4 In the case of agreed 2 instalment payments, payment before the due date on the (partial) invoice is mandatory. If the client is in default with regard to the payment of the partial invoice, Anne Koçu is entitled to demand payment of the full amount.
8.5 Payment in 2 instalments can only take place after approval and confirmation by Anne Koçu. If the partial payments are not made on time, Anne Koçu is entitled to charge the legal interest (10% per 30 days) on the amount that is paid late.
ARTICLE 9.
LIABILITY
9.1 Anne Koçu is never liable for any (direct or indirect) damage caused to the client by and/or during the use of services provided by or on behalf of Anne Koçu.
9.2 Anne Koçu is never liable for the quality or outcome of the services provided by or on behalf of Anne Koçu. Anne Koçu only has an obligation to make efforts (see also Article 6 Contractor’s obligations).
9.3 The content of the sessions, “I can do it” course, or products, is in no way intended to be represented as medical advice nor as a prescription for medical procedure. Please seek the advice of a health-care provider to answer any health-related or pregnancy-related issues surrounding your pregnancy, labor, or birth.
By purchasing the “ I can do it” course you agree that you will in no way hold the instructor of the I can do it.course responsible for any special circumstances that could arise as a result of your pregnancy, your labor, or the birth of your child; and you agree that neither you nor any member of your family will make any claim or initiate any suit against any of the above-named parties now or at any time in the future.
ARTICLE 10.
INTELLECTUAL PROPERTY / COPYRIGHT
10.1 By operation of law, Anne Koçu owns the copyright to all documents developed by Anne Koçu. The copyright or other intellectual property right applies to the services provided by Anne Koçu and to all course materials used therein.
10.2 Everything developed and/or used by Anne Koçu for the execution of the assignment remains the property of Anne Koçu. This also applies to the minutes, and feedback issued by Anne Koçu. The client only has the right to use these minutes, or feedback for own use. Disclosure of one or more of these items can only be made after obtaining prior written permission from Anne Koçu.
ARTICLE 11.
CONFIDENTIALITY
11.1 Anne Koçu is required to maintain confidentiality regarding everything she has learned about her client. Anne Koçu complies with the Personal Data Protection Act and will only use the data of its client for the processing and administrative handling of the assignment. The data of the client will not be disclosed to third parties, unless there are compelling legal reasons for doing so.
ARTICLE 12.
SPECIAL PROVISIONS
12.1 The Turkish law applies to everything that happens under quotations or assignments for which these General Terms and Conditions do not provide. 12.2 In case of disputes, the competent Turkish court will make a decision.
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