Terms & conditions

In the spirit of good practise, when you are purchasing coaching services from me you also to confirm that you have read and agreed to each statement below.

All coaching services and communication, email or otherwise, delivered by Momicox bvba as well as information on this website (momicox.com) are meant to help you identify the areas in your life and in your thinking that may be preventing you from experiencing greater well-being and moving forward. Coaching is not a substitute for professional mental health care or medical care. As I see it coaching is meant to be done when major emotional and psychological wounds are already healing or healed.

The term ‘coaching’ as here used covers life coaching, personal coaching, executive coaching and business coaching for clients.

COACHING DISCLAIMER

I understand that the coaching services I will be receiving from my Coach are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. I also understand that my Coach is not acting as a mental health counsellor or a medical professional.

I understand and agree that I am fully responsible for my well-being during my coaching sessions, and subsequently, including my choices and decisions.

I understand that coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and I will not use it in place of any form of therapy.

I understand that all comments and ideas offered by my Coach are solely for the purpose of aiding me in achieving the defined goals I create with my Coach. I have the ability to give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals and understand that results are not guaranteed 

I understand that to the extent our work together involves career or business, my Coach is not promising outcomes included but not limited to increased clientele, profitability and or business success.

I understand that my Coach will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement limited in this capacity. Furthermore, if my Coach is ordered by a court to provide information or to testify, she will do so to the extent the law requires.

I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, Skype and other technology.

I hereby release, waive, acquit and forever discharge my Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship contemplated by this agreement.

I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.

TERMS AND CONDITIONS

The coaching schedule will be arranged between Momicox bvba and the client and can be booked up to 3 months in advance. Momicox bvba will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements. This recommendation, or plan, is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.

The number and frequency of coaching session will be agreed at the start of coaching between Momicox bvba and the client, and confirmed by Momicox bvba by email or written correspondence. Where no specific number is agreed sessions will be provided on a session by session basis.

In return for the fees payable by the client (or by a third party on their behalf), Momicox bvba agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).

The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact Momicox bvba to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions.

FORMAT OF SESSION 

Face to face (venue by mutual agreement), via Skype (client calls coach); telephone coaching sessions (client calls coach); or other format where such is agreed. Unless otherwise agreed, for Skype and telephone sessions the client is responsible for telephoning Momicox bvba at agreed times. Momicox bvba is responsible for ensuring that she is available for consultation at agreed times.
The length of each session is as agreed between Momicox bvba and the client before coaching sessions commence.

SESSION FEES

In accordance with Momicox bvba’s current per session fee or fee for a programme of sessions, or any other such fee as shall be agreed and notified to the client. Momicox bvba will confirm the fees in writing, usually by email, unless this is impractical. The number of sessions for which payment is required in advance will be agreed before coaching sessions commence.

ADDITIONAL SESSIONS

Momicox bvba may agree to provide additional coaching sessions after completion of the initial agreed session(s). These terms and conditions will apply to any additional sessions so provided and the Per Session Fee will remain the same as originally agreed except where Momicox bvba notifies the client in writing by letter or e-mail of a change to the Fee or to any other term or condition in accordance with the section in these terms and conditions headed “Variation of Terms and Conditions”.

DATES AND TIMES OF SESSIONS

The date and time of the first session and any subsequent session will be agreed between Momicox bvba and the client by phone or email and confirmed by Momicox bvba by email or letter 

Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.

PAYMENT TERMS 

Fees can be paid online by debit or credit card using the Paypal payments systems, by standing order, by bank transfer, or by cheque made out to Momicox bvba. Where receipts are requested by the client, they will be sent by e-mail unless otherwise requested.

Fees are payable in advance of each coaching session unless otherwise agreed (Business Coaching may allow for payment on receipt of invoice). Where payment has not been received by Momicox bvba in advance of a coaching session Momicox bvba is not obliged to provide the session.

Where payment is required on receipt of invoice rather than in advance, a charge may be levied for late payment.

BETWEEN SESSIONS

Momicox bvba may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes.

The client may contact Momicox bvba by phone or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions but there will be an additional charge for this. Momicox bvba will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.

REARRANGING SESSIONS

If a client needs to rearrange a coaching session, they should provide at least 48 hours notice. No refunds will be given to clients for unused coaching sessions unless 48 hours notice has been given. In exceptional circumstances Momicox bvba may need to rearrange a coaching session. In those instances she will also give the client 48 hours notice where practical.

Where a client pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within 6 months of the payment or their fee is forfeited.

CONFIDENTIALITY

Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.

EARLY TERMINATION

In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Momicox bvba can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Momicox bvba where practicable and will be refunded any advance payments made for coaching sessions not yet provided.

RESPONSIBILITIES

Momicox bvba will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes. Remarkable results can be achieved where clients follow a clear plan in a committed way. However, the client has sole responsibility for taking important decisions in their life or business. Momicox bvba has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.

VARIATION OF TERMS AND CONDITIONS

Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Momicox bvba and the client and confirmed by Momicox bvba in writing by email or letter. In other cases, Momicox bvba may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by letter or e-mail of the change(s). If following receipt of such notification of change, the client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Momicox bvba.

GOVERNING LAW

This contract is governed by the law of Belgium whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.

GDPR

Momicox bvba and the client acknowledge that the processing of personal data in the context of the Data Protection Directive 95/46/EC (DPD) and from 25th May 2018 the General Data Protection Regulation (EU) (GDPR) applies and will replace the DPD.

 

Privacy and cookie policy

When you are visiting our website https://momicox.com/ or one of our other domains which connects you to this website, your personal data will be processed. Momicox bvba considers your privacy as very important.

To respect you privacy as good as possible, manage several standards:

• Inform: we want to inform you as good as possible how and why we process your personal data by this policy.
• Limit data: we attempt to limit the collection of personal data into what we think is necessary for a good functioning of our website and services.
• Security: we take suitable security actions to protect your personal data.
• Permission: in case your legal permission about data process is required, we will ask your explicit permission.
• Rights: we respect your right to view, correct or delete your personal data and other possible rights, the appropriate privacy law gives you.

In this privacy and cookie policy, you can read how we put above into practice.

The usage of personal data

When you are using our website, you are leaving specific data behind. This can possibly be personal data. We collect, save, and use the personal data, which are directly given by you (for exemple through the contact form on the website) or of which are clearly given by us for processing.

We will not use your personal data for other purposes than what we received for, unless you give us permission in advance or if we are legally allowed to do so. Depending on which functionalities or services you use by our website or our service, we can process following personal data:

• Name, address, city
• Telephone number
• Invoice data
• Payment data
• E-mail address
• Logg-in data
• Sex
• IP address
• ….

Your personal data will be used by us for for instance the purposes below but will not exclusively be limited by these purposes in order to:

• Grant access to the website;
• Offer functionalities by the website;
• Bill given services;
• Register names of domain;
• Send newsletters;
• Correct or evaluate our website or services;
• Answer and deal with your questions;
• Offer directed advertisements by search engines
• Offer directed advertisements by marketing platforms (like f.e. Facebook, LinkedIn,…)
• ….

Contact form and emails

If you have further questions about Momicox bvba or our services, you can contact us by mail or telephone within our office hours (except on holidays and circumstances beyond one’s control). You can find our contact details on our website: https://momicox.com/

When filling-in the contact form on our website or emailing us, we will save the data you send us as long as the necessary depending on the nature or content, to fully answer and deal with it.

The process of email is possible but not limited by following parties:

Party	Purpose	Office	Service
Google	E-mailtransfer	US (Privacy Shield)	Gsuite
Zoho CRM	CRM management	US (Privacy Shield)	Customer Relations
Freshbooks	Administration	US (Privacy Shield)	Administration
Freshdesk	Support	US (Privacy Shield)	Ticketing system
Mailchimp	E-mail marketing /Internet marketing	US (Privacy Shield)	E-mail marketing

(Attention: above-mentioned can change)

Cookies

We use cookies at our website. A cookie is a small file, which is transferred with our pages of our website and which will be saved in the memory of your device. The saved information in a cookie, can be transferred to our own secure servers or to service of. A third party.

At our website, we use cookies to:

• Enable particular functionalities of the website and to secure the website (technical & functional cookies);
• Analyse the usage of the website as well as to optimize and improve our services based on that usage (analytical cookies);
• Make the web offer more interesting for you by means of directed advertisements via several channels (advertisement cookies);
• Offer you the possibility to share our website information via several social media (social media cookies).

The first time you visit our website, there will be shown a banner in which you can give us your permission to use cookies and plug-ins as described in this privacy and cookie policy, if you accept our policies at our website.

We do not have any control to what third parties do with data, which are obtained by the placed cookies. You can find further information about how they save this obtained data  and what they do with it in the privacy policy of the regarding parties (attention: this can change frequently).

These cookies and plug-ins below exist but are not limited to the following:

Partij	Type	Vestiging	Dienst
Google	Analytical cookies	US (Privacy Shield)	Analytics, Tag manager, …
Google	Advertisement cookies	US (Privacy Shield)	Adwords, remarketing snippets, …
Facebook	Advertisement cookies	US (Privacy Shield)	Facebook pixel, like & share buttons, page includes, API connections, …
Mailchimp	Advertisement cookies	US (Privacy Shield)	Advertentisement cookies, plugin/script for opt-in email newsletter and remarketing/reminders
Smartlook	Analytical cookies	US (Privacy Shield)	Smartlook, script to save van websiteactivity (relevant for bug detective and to optimize experience), …
LinkedIn	Advertisement cookies	US (Privacy Shield)	Pixel / Remarketing service, …
WordPress	Technical & functional cookies	US (Privacy Shield)	CMS
Joomla	Technical & functional cookies	US (Privacy Shield)	CMS
Drupal	Technical & functional cookies	EU	CMS
Ander CMS	Technical & functional cookies	EU/US	CMS
Cloudflare	Technical & functional cookies	US (Privacy Shield)	Optimization of web performance and technical relevant identificatie of a user about security
*	Technical & functional cookies	EU	Technical relevant cookies concerning (optimized) functioning of the website.
*	Social media cookies	EU / US	Cookies which endbles to share particular parts of the website on social media.

(Attention: above-mentioned can change)

Switching cookies on and off

You can switch off cookies by modifying your browser settings. View the manual of your browser for the exact instructions. Keep in mind that (particular functionalities) may not be able to function properly or not at all if you switch off cookies. The websites or parts of it may deny access because of this.

Deleting cookies

Most of the cookies have an expiry date. This means they will automatically expire after a particular periode und won’t register data of your website visit anymore. You can choose to manually delete cookies before the expiry date has expired. For further information, you can consult your browsers manual.

Websites of third parties

This privacy and cookie policy does not apply to websites and services of third parties, which are connected to our website by links or scripts / plug-ins. We can not guarantee that these third parties will manage your personal data in a liable and safe manner. We advice you to read the privacy policy of these websites before using them.

Liability and supply to third parties

We confidentially manage your personal data. We will not supply the personal data, we collect by our website, to other parties, unless it is necessary as part of the execution of the agreement or in cases to which we are legally allowed.

Security

We take suitable security steps to limit abuse from and unauthorized access to your personal data. By this, we can make sure, only the right persons can access your data and that this access is protected.

Retention period

We do not save your personal data any longer as necessary for the purposes, to which this data is received. The process and possible legal retention periods are hereby taken into account.

Rights of the involved

When supplying personal data, you can send us a request to view, modify/correct or delete this data. When can address your requests to https://momicox.com/ or by registered letter to: Meerkensstraat 61, 3650 Dilsen-Stokkem – Belgium.

To prevent abuse, we will ask you to identify yourself, before sending you your data. If you want to view personal data related to a cookie, you have to send a copy of the related cookie. You can find these in your browser settings.

Modifications privacy and cookie policy

We preserve the right modify this privacy and cookie policy. In case of modification, we will publish a mentioning at our website. We advice to consult this policy regularly to stay in touch with our modifications.

Contact

If you have further questions or remarks about our privacy and cookie policy, you can contact us by the contact details below.

Momicox bvba

Meerkensstraat 61

3650 Dilsen-Stokkem – Belgium

michel.cox@momicox.com

+32 495 360 773