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Hey there, feel free to read through my

TERMS &

CONDITIONS

last updated January 21st 2021

 

1. Users acceptance of terms

 

By visiting my website and/or purchasing my services or products you agree to have read, understood, and accepted these Terms and Conditions, Return Policy, and my Privacy Policy.

 

This Website is owned by Erika Büttner (also called „Erika Minou“ on this page). The terms „I“, „me“, and „my“ refer to Erika Büttner and her Brand/marketing agency "Breaking Patterns".

 

The terms “user,” “you” and “your” mean the site visitors, customers and any other users of this site.

If you do not agree with one or more of the clauses in my legal documentation, please do not use my services. In order to use the service, you must have carefully read and understood the following Terms and Conditions.

Any new services, products or features which are added to my current offers are also subject to these Terms. I reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to my website. 

The user also guarantees that all data provided to me at the time of signing the contract is true, accurate and complete and undertakes to keep it true.

By agreeing to these Terms, you state that you are at least 18 years old. Children under the age of 18 are not allowed to use or buy from this site.

 

You agree to not transmit any malware or code of a destructive nature.
 

For my digital products I offer a 24-hour refund policy in case you should have mistakenly purchase the product. In this case please just write me to hi@erikaminou.com and I will immediately take a look at your case.

 

You concur to not dispute any charges at any time. 

If you should mistakenly dispute a charge that has been made to your account for a purchase that you made through this website, you concur to cancel or withdraw your dispute as soon as possible. If there should be any fees associated with charges you have disputed, you agree to be responsible for any expenses, including attorney's fees or similar.

2. Licenses

I own the brand „Breaking Patterns“ and the content it provides, and I make it available to users under a limited, non-exclusive, revocable license for personal and non-commercial service use. I own all copies of website content (including scripts, source code, and similar software contained on the website) and the entire set of coaching courses-based materials. 

You may not assign, transfer, or re-license your rights under this license to any third party. All trademarks, service marks, trade names, logos, domain names, and all other features of the Erika Minou trademarks are the exclusive my property. 

This license does not grant any rights to use the Erika Minou trademarks, service marks, trade names, logos, domain names, or other features of the Erika Minou trademarks for commercial or non-commercial purposes.

The User agrees not to use my services (including, but not limited to its content) in any way that is not expressly specified in these terms and conditions. Collections of third-party website’s plugins included in my Service are licensed according to the rules set out in these Terms of Use.

3. TERMS AND CONDITIONS FOR MARKETING & BRANDING SERVICES

 

3.1 Protection of Concepts and Ideas

For any concept developments also before signing principal contracts the following shall apply:
 

3.1.1 By the acceptance of the invitation by the me the potential Customer and I enter into a contractual relationship (“pitching contract”) which will be based on the GTC.
 

3.1.2 The potential Customer agrees that already by developing a concept I may render cost-intensive services, even if the Customer himself has not taken on any performance duties yet.
 

3.1.3 If they reach the level of originality required for copyright protection the linguistic and graphic parts of the concept are protected by the Austrian Copyright Act [Urheberrechtsgesetz]. The potential Customer is not allowed to use or edit those parts without my consent.
 

3.1.4 The concept might contain ideas that do not reach the level of originality required for copyright protection and are thus not protected by the Austrian Copyright Act. "Ideas" (I mean slogans, advertising texts, graphics and illustrations, etc.) that characterize the marketing strategy, even if they do not reach the level of originality required for copyright protection, are protected.
 

3.1.5 The potential Customer agrees to not those ideas or elements in any context other than the corrective of a principal contract to be concluded at a later time.
 

3.1.6 If the potential Customer claims to have had those ideas/elements before the presentation, there shall be a notification per e-mail within 14 days of the day of the presentation that includes  evidence which allow a chronological allocation.
 

3.1.7 Otherwise I assume that those ideas were new to the potential Customer. If the Customer uses the idea, it has to be assumed that I received a remuneration therefor.

 

3.2. Scope of services; Order processing; Customer’s duties to co-operate

3.2.1 The scope of the services can be defined in a written or oral form and confirmed in writing per E-Mail or a formal offer.
 

3.2.2 The services (including but not limited to all preliminary designs, sketches, copies, prints and electronic files) shall be checked by the Customer in the time agreed between me and the Customer. If they are not released within that period, or that period has expired with no reply from the Customer, they count as approved by the Customer.
 

3.2.3 The Customer has the responsibility to supply all needed materials (including but not limited to photos, texts, informations) in the timeframe that has been agreed upon between me and the Customer. If those materials arrive delayed I am not liable for any consequences. The Customer will bear the consequences and/or costs incurred due to the fact that work has to be done again by the Agency or is delayed because of his incorrect or incomplete or missing materials. 

3.2.4 In addition, the Customer is obliged to clear the documents made available by him for execution of the order (photos, logos, etc.) for potential copyrights, trademark rights, marks or other rights of third parties (rights clearance) and guarantees that the documents are free from rights of third parties and may therefore be used for the desired purpose.

If this responsibility is not met, even in case of slight negligence, I shall not be liable. If I am being held liable the Customer agrees to compensate me for any expenses (including but not limited to legal representation) due to this infringement. 

3.3. External services; Commissioning of third parties

3.3.1 I am allowed to realize the offered marketing & branding services myself  or to employ third parties to work for me under my supervision. 

3.4. Deadlines

 

3.4.1 If not agreed upon differently, the delivery or service periods shall only be approximate and not binding. Binding agreements have to be stated as such and confirmed by me in writing. 


3.4.2 If my delivery/service  is delayed because of force majeure or other unforeseeable events that cannot be prevented by reasonable means, the service obligations shall be suspended until further notice. If the delay lasts longer than two months the Customer and I are allowed to cancel the contract.
 

3.5. Early termination

3.5.1 I am entitled to cancel the contract because of reasons that include (but are not limited to): 


(a) provision of a service becomes impossible for reasons for which the Customer is responsible or is further delayed even though the Customer was granted a grace period of 14 days;


(b) the Customer continues to violate material obligations under this contract, such as, e.g. the obligation to pay , despite a written notice and having been granted a grace period of 14 days.


(c) legitimate concerns exist regarding the Customer’s credit standing

 

3.5.2 The Customer is allowed to cancel the contract if I repeatedly violate material provisions of this contract despite a written notice and having been granted a grace period of at least 14 days to remedy the breach of the contract.

3.6. Fees

3.6.1 I am entitled to ask for advances to cover my expenses. 

 

3.6.2 My fees are stated as net fees plus statutory value added tax. If in a specific case no agreement on fees has been made, I am entitled to fees at market rates for the services rendered and for transfer of copyrights and marks.

 

3.6.3 All my services which are not expressly covered by the agreed fees shall be paid for separately. 

 

3.6.4 Cost estimates are non-binding. If the actual costs will exceed the written cost estimate by more than 15 per cent, I will give notice in time. 

4. TERMS AND CONDITIONS FOR MARKETING CONSULTING/COACHING

 

4.1. General Agreements

 

When I use the term „Coaching“ in any of my communication I refer to 1:1 sessions in which I ask the „client“ questions that allow him/her to find his/her own answers, teach him/her self-coaching methods that can help to overcome emotional and mental patterns and share my personal and professional experience and knowledge. My Coachings are not meant to take personal/professional decisions with or for you. 

You understand that the so called „Coachings“ or „Trainings“ are not intended to diagnose, treat or cure any mental health conditions and that I am not a medical professional. They also don't substitute for professional mental health care, medical care, psychotherapy/-analysis or any other form of therapy.

You understand that, even though I went through an extensive coaching education and have a NLP master degree and many other further educations, coaching is an unregulated industry and that I am not officially licensed because a „coaching“ license does not exist. Also you understand that I am not a licensed business consultant but act as a marketing agency and marketing consultant.

You understand that I am not promising any outcomes, including but not limited to professional succcess, more profits or more clients.

4.2. Termination & cancellation of coachings, consulting and online trainings

 

The Agreements will remain in force until terminated by the user or me. However, the user understands and agrees that I may at any time suspend or completely deny access to the services to any user, without any written notice.

Cancellations must be made in writing via email or phone to me. The cancellation date is determined by the date of the written message.

4.2.1. Termination and Cancellation of Coaching/Consulting Sessions

 

Any changes to the date/time of an arranged coaching sessions shall be communicated at least 48 hours before the session. 

 

  • If you cancel more than 48 hours before a coaching, no cancellation fee will be applied.

  • If you cancel less than 48 hours before a coaching, the full amount that has been agreed on will be charged.

 

4.2.2. Termination and Cancellation of Workshops, Trainings and Events

  • If you cancel more than 14 days before the start, no fee will be charged.

  • If you cancel 7-13 days before the start, you will be charged 20% of the registration fee.

  • If you cancel 3-6 days before the start, you will be charged 70% of the registration fee.

  • If you cancel less than 3 days before the start, 100% of the registration fee will be charged.

If the number of registrations is insufficient, the organizer has the right to cancel or postpone the event.

 

In case of cancellation of events, workshops, or sessions due to force majeure such as catastrophic events, natural disasters, or similar causes, I will not be responsible for providing a refund in any of these circumstances.

4.3. Deliveries

The courses, workshops and services contained on my site are distributed both online and offline. In the first case, the user will receive the services requested directly from my site, while in the second case, the user can check how to access the single course on my site, depending on the type of course provided.
 

4.4. Pictures & Videos

Users agree that during sessions, events, and workshops, I may take photos and videos and use those recordings for promotional purposes of my services.

 

5. Third-party services

In order to properly provide my services, I may (now or in the future) use third party applications, websites and content offered directly by third-party providers ("Third Party Applications"). Use of this application is subject to its terms of use. You acknowledge and agree that I am not responsible for any third-party applications' behavior, features, or content.



6. User guidelines

I put a lot of love into all my content and respect the intellectucal property of others. So I kindly invite you to be aware of the following terms:

You agree not to copy, redistribute, reproduce, "extract", record, transfer, perform or publicly display, transmit or make available to the public any content of this Website, the Service provided, the Products provided, use of the Service/Products, or access to the Service/Products without my explicit permission.

In other words, please don't copycat the content of my Website, Social Media Channels or online/offline courses unless it's ok for me. Also please don't share Online Content that you bought from me with other people that haven't also paid for this content.

 

If you'd love to use my content for your workshops or social media channels or if your friends would like to access my online courses but can't afford it please feel free to just write me, I'm sure we'll find a good solution.

 

The following actions are not allowed for any reason:

 

  • use my Services to import or copy local files for which you do not have the necessary legal rights to do so
     

  • reverse engineer, decompile, disassemble, modify or create derivative works based on my Services, Content or any part thereof, except as permitted by applicable law;
     

  • circumvent any technology used by me, my licensors or other third parties to protect Content or Service;
     

  • sell, rent, subcontract or lease any part of my Services or Content;
     

  • circumvent any territorial restrictions applied by my or my licensors;
     

  • remove or modify any copyright, trademark or other intellectual property notices contained in or provided through my Services (including for the purpose of concealing or modifying any proprietary or proprietary notices of any Content);
     

  • crawl within my Services, or use other automated means (including bots, scraper and spiders) to collect information from me;

  • 

Please do not engage in any activity, post User Content (if applicable) or register and/or use a user name that is or includes material:
     

    • offensive, disparaging, defamatory, pornographic, threatening or obscene;
       

    • illegal or designed to promote or commit illegal acts of any kind, including but not limited to infringement of the intellectual property rights, privacy rights the exclusive rights of me or any third party;
       

    • malicious such as malware, Trojan horses or viruses, or otherwise capable of interfering with your access to the Services;
       

    • conceived or capable of causing disturbance or harassment to other users;
       

    • capable of faking or misrepresenting its affiliation with other users, persons or entities, or otherwise fraudulent, false, deceptive or misleading;
       

    • which uses automated means to artificially promote content;
       

    • which involves the transmission of unsolicited mass messages or other forms of spam ("spam"), junk mail, chain letters or the like, including through my inbox;
       

    • that involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes or pyramid schemes, that are not expressly authorized by me;
       

    • that connects, refers to or otherwise promotes commercial products or services, unless expressly authorized by me;
       

    • that interferes with or in any way disrupts my Services, tampers with, violates or attempts to probe, examine or vulnerability test my Services or computer systems or network, rules of use or any other security component, authentication measure or other protection measure applicable to my Services, Content or any part thereof; or
       

    • that causes conflicts with the Agreements, as determined by me

 

7. Description of products and services

 

I do my best to describe my products and sercives as accurately as possible. Nevertheless I can't guarantee that the content is at any given time error-free in pricing and description. I reserve the right to refuse or cancel orders that have incorrect prices. 

 

I also reserve the right to change prices and descriptions or fully discontinue any product or service at any time without notice.

 

I do not guarantee that my products or services purchased on this website will meet your expectations or errors in services will be corrected. 

 

I also hereby state that I'm not responsible if any published information by me on this site is not complete, current or accurate and is not made to serve as a basis for life decisions or any other problem resolution, no matter if personal or work-related topics.

 

 


8. Payments

I currently accept the major credit/debit card-based providers and PayPal as a valid method of payment. Using a determined method, the users implicitly demonstrate to be the legal owner or have the full right of use on it.

Each price enlisted on the website does not include the VAT % for the EU-based countries. VAT % is equal to 0% for orders that occurred outside of the European Union.

9. Warranty and disclaimer

#BUSINESSNAME TRIES TO PROVIDE THE BEST SERVICES POSSIBLE, BUT CUSTOMERS UNDERSTAND AND AGREE THAT #BUSINESSNAME SERVICES ARE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR EXPRESS OR IMPLIED CONDITIONS OF ANY KIND TO USE THE SHAREHOLDERS OF #BUSINESSNAME SERVICES. TO MINIMIZE, REVOKED ACCORDING TO APPLICABLE LAW, #BUSINESSNAME AND ALL CONTENT OWNERS PROVIDE NO INSURANCE AND DISCLAIMER THAT THE #BUSINESSNAME SERVICE WILL BE FREE OF HAZARDOUS COMPONENTS IN ANY WAY. BESIDES, #BUSINESSNAME DOES NOT PROVIDE INSURANCE, WARRANTY OR STATEMENT AND IS NOT RESPONSIBLE FOR THIRD-PARTY USE (OR THEIR CONTENTS), CONTENT FROM US, OR OTHER PRODUCTS OR SERVICES PUBLISHED BY #BUSINESSNAME OR PUBLISHED ON THE CONNECTIVITY WEBSITE BANNERS OR OTHER ADVERTISING. YOU ACKNOWLEDGE AND ACCEPT THAT #BUSINESSNAME IS NOT RESPONSIBLE FOR TRANSACTIONS BETWEEN USER AND THIRD-PARTY PROVIDERS OF TR APPLICATIONS, PRODUCTS, OR SERVICES. #BUSINESSNAME IN THIS ANSWER DOES NOT GUARANTEE ORAL OR WRITTEN ADVICE OR INFORMATION TO #BUSINESSNAME USERS. IF PROHIBITED BY APPLICABLE LAW, CERTAIN ASPECTS OF THIS SECTION MAY NOT APPLY TO CERTAIN LEGAL JURISDICTIONS. 


 

10. Limitations

EVEN IF #BUSINESSNAME IS NOT RESPONSIBLE FOR THIRD PARTY APPLICATIONS OR THEIR CONTENT AND EVEN IF THE RELATIONSHIP WITH THESE THIRD-PARTY ANNEX MAY BE GOVERNED BY A SEPARATE AGREEMENT WITH THESE THIRD PARTIES, EXCEPT FOR LAWS WHICH ONLY REGULATE #BUSINESSNAME PROTECTION FOR ANY PROBLEMS OR DIFFERENCE WITH THE APPLICATION THIRD PARTIES FOR THEIR PART OR CONTENT INCLUDING THEIR UNINSTALLATION AND/OR TERMINATION.

THE MAXIMUM PERMITTED BY LAW SHOULD NOT INCLUDE THE INVOLVMENT OF #BUSINESSNAME AND DEBTORS, SHAREHOLDERS, AGENTS, DIRECTORS, CUSTOMERS, SUCCESSORIES, INDIRECT SUPPLIERS; (2) ADDITIONALLY, IT WILL NOT INVOLVE LOSS OF SENSITIVE INFORMATION, AND DATA BREACH (DIRECT AND INDIRECT).

11. Severability and waiver

Except as otherwise stated in the Agreements, where any provision of the Agreements is held to be invalid or unenforceable for any reason or at any level, such invalidity or un-enforceability shall not in any way interfere with or render invalid or unenforceable the remaining provisions of the Agreements, and the enforcement of such provision shall be enforced to the fullest extent permitted by law.

Any failure by me or third-party beneficiaries to enforce the Agreements or related clauses shall not void my or third-party beneficiary's right to do so.

Finally, coaches and instructors are not responsible for any problem, issue, damage, and injury (direct or consequential) occurred during the provision of the sessions, events, and workshops.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify me from any damages, losses, and costs (including reasonable attorney's fees and fees) arising from that place:

 

  • Your violation of this Agreement,

  • Any user content,

  • Any activity you participate in or perform through my Services, and

  • Your violation of any law or rights of third parties.

12. Jurisdiction

I operate in full accordance with the applicable laws of Austria. In this sense, any dispute or legal controversy will be resolved in the exclusive courts of Austria.

Contact

If you have any questions about my Services or Agreements, please contact me by using my official email address:

 

hi@erikaminou.com

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INSTAGRAM

WITH ME

hi@erikaminou.com

 

Working internationally,

based in Vienna, Austria

© Erika Minou Büttner 2021

By the way, most of the beautiful pictures on this page are made by my beautiful friends and amazing photographers: Amina Stella Steiner and Lea Fabienne. Check them out!