Terms & Conditions

This Disclaimer Terms & Conditions information relates to all pages within the www.nicoleduguay.com domain and subdomains. Using any information accessed from this site confirms that you agree with all of the Disclaimer Terms & Conditions on this page. This website (the “SITE”) is owned and operated by Nicole Du Guay T/A “www.nicoleduguay.com” (the “COMPANY”, “WE” or “US”). By using the SITE, you agree to be bound by these Terms & Conditions and to use the SITE in accordance with these Terms & Conditions, Privacy Policy and any other additional terms and conditions that may apply to specific sections of the SITE or to the products and services available through the SITE or from the COMPANY. Accessing the SITE in any manner, whether automated or otherwise, constitutes use of the SITE and your agreement to be bound by these Terms & Conditions.

The website provides the software subject assuming that you comply with all the terms and conditions below. If you do not agree with them, please do not use the website and leave it immediately.

Before you register, buy and download the products for personal purposes, please make sure that you have read, understood and agreed to all the terms and conditions.

We reserve the right to review and change these Terms & Conditions at our discretion at any time. If you continue to use the SITE after the COMPANY has made changes to the Terms & Conditions, you agree to be bound by the new Terms & Conditions stated on the SITE.

Definitions

At any time, Nicole Du Guay may be referred to as the “PROVIDER” or the “COMPANY”. At any time, you may be referred to as the “client”, “customer”, “patient”, “retreat attendee” or “participant”. All of the courses offered by Nicole Du Guay may be referred to as “the course”. Any of the home-study materials may be referred to as “the program”. The home-study programs refer to any course that you study at home and not in a physical property or in a venue with Nicole Du Guay present. The electronic documents, videos and supporting information provided for your studies may be referred to as “materials”, “modules”, “downloads”, “lessons”, “workbooks”, “coursework”, or “sections”.

Site Use

Information provided on the SITE and related to our service of Business Coaching & Consulting (the “SERVICE”) is subject to change. The COMPANY makes no representation or warranty that the information provided is accurate.

All visitors to this website are responsible for their own choices of Business Coaching or Consultant – and must never replace or supplement for professional advice from appropriate legal, financial representative experts. Nicole Du Guay makes no claims to providing expert legal or financial advice, nor to guarantee financial gain of any kind, therefore, is not responsible or liable in any way for the choices of any visitor to this website.

In order to use the SITE and SERVICE, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the COMPANY will always be accurate, correct and up to date. You shall only be allowed to provide your own personal information and not the information of others.

The SITE and the SERVICE may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the COMPANY. All advertisers on this website are responsible for ownership of the accuracy and legality of all content on their webpage(s). Any other link will be covered by the terms and conditions of that specific site. You acknowledge and accept that the COMPANY and its owners are not responsible or liable in any way for any information provided to, or accessed by, any person on third party website(s). You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

You may use the SITE and SERVICE for lawful purposes only. You shall not post on the SITE anything that is false, defamatory, misrepresenting, or would interfere with or restrict any other user from using the SITE. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.

Failure to comply with the terms and conditions listed here may cause you to be removed from the SITE.

Protection of Confidential Information:

The Client understands and acknowledges that the Confidential Information has been developed or obtained by the Provider as a result of the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of the Provider which therefore provides the Provider with a significant business or competitive advantage. Therefore, the Client agrees to hold in confidence and to not disclose the Confidential Information to any person or entity without the prior written consent of the Provider.

Third Party Use:

If any particular aspect of the services that are being performed are to be utilized by an end-user of the Client, or if any part of the services is impacted by the actions of any third party, whether or not at Client’s direction, then Client will hold Provider harmless for any and all liability, loss, or damages that may arise.

Payment Terms:

In general, Nicole Du Guay shall invoice for work performed on a monthly basis unless an alternative payment schedule is determined by both parties.

Regardless of such payment schedules, Nicole Du Guay reserves the right to issue progress invoices at any time to reflect work performed to that date. Progress invoices may be based on time worked or achievement of project milestones.

Payments will be made payable to Nicole Du Guay through PayPal / Visa / Master Card / AMEX / WISE Transfer / Direct Bank Transfer or wire transfer.

Due to the nature of Graphic and Web Design projects, all payments received by The Provider are non-refundable.

Payment constitutes acceptance of terms.

The client understands that payment made for services will serve as acceptance of the terms and conditions presented in this document and will serve as an agreement between the parties.

All invoices are payable within seven (7) days of receipt. Invoices shall list any expenses and additional costs as separate items.

Late Payments:

A monthly service fee of €25 (euros) penalty every day payment is delayed without prior notice and agreed upon arrangements made with Nicole Du Guay.

Payments will be credited to late payments first, then to unpaid balances.

Client shall pay all collection or legal fees caused by late payments.

The Provider may pause production and withhold delivery and transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full.

All grants of any license to use or transfer ownership of any intellectual property rights under this

Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.

Website Refresh In A Day Service Terms:

Client needs to already have a website built (no new pages will be created with the Website Refresh In A Day Service offer).
Client needs to be signed up for a Wix or Squarespace plan of their own.
Client needs to already have already purchased their own domain name and registered it to their website platform.
Client needs to have website copy completed for each page prior to Website Refresh Day (I can offer suggestions for copywriting support if needed).
Client freebies or lead magnets need to already be created and uploaded into the media folder on chosen platform.
All external links that will be used on the website need to be provided.
Legal pages consisting of Terms of Use, Terms and Conditions and Policy Pages need to be sourced by client - if you do not have these already, I will recommend you purchase the templates from a lawyer (I can provide some recommendations). If you choose to not use them or want to relaunch without them, Nicole Du Guay is not responsible for any GDPR compliance issues or legality concerns related to your choice.
Clients' photos must already be loaded into the media folder on your chosen platform prior to our scheduled Website Refresh Day.
Client must be available for questions and feedback during our agreed-upon working window time on our scheduled Website Refresh Day.

Intellectual Property:

The Client agrees to indemnify Provider for all claims, threats, damages, costs and expenses, including attorney fees, incurred by Provider as a result of any infringement(s) from use of Client Content. All Content and Copyrights shall remain the property of the Provider. Any information or content provided by the Client and used by the Provider will become the ownership of the Provider. Provider grants permission to use such Work Product but does not convey any ownership, right, or title to such Work Product for use by the Client. The Client agrees to allow The Provider to keep copies of any files, images, designs or content for backup purposes and for any future work solely related to The Client.

Disbursements:

Nicole Du Guay is authorized to make purchases on behalf of the Client as they related to completion of related projects. Disbursements for such purchases will be detailed on monthly billing invoices. This may include but are not limited to printing, stock photography, hosting services, custom photography, media (advertising) purchases, code libraries, necessary website tools and functionality etc.

Promotion:

The Provider retains the right to reproduce, publish and display the Deliverables in The Provider’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses.

Credits:

The Client agrees to allow The Provider to place a credit and link in the footer to The Provider’s website.

Approvals:

The Client agrees to review and provide feedback within 2 business days of any request for review or additional information. No response will constitute an approval of the work to date and The Provider will proceed with the next phase of the design process. While we will endeavour to avoid errors and bring to the Client’s attention any errors that we notice, the Client is responsible for approval of proofs, proof reading and errors.

Responsibilities of the Client. During the term of this Agreement:

(a) The Client will meet its own equipment, technological, and staffing needs as required to competently provide the Services, all at the Client’s own expense unless otherwise specifically agreed by the Provider;

(b) The Client will provide, in a timely fashion, all necessary login details, images, logos, written content and/or any other requested information as required to complete the work;

(c) The Client will review any work within three business days of a review request by The Provider, a non-response will be considered acceptance of work.
The Client will comply with all applicable legislation.

Responsibilities of the Provider. During the term of this Agreement:

(a) The Provider will provide the Services to the Client to the best of the Provider’s abilities, acting always with due diligence, good faith and the utmost honesty and highest ethical standards towards the Client, its affiliates, customers, suppliers and partners;

(b) The Provider will refrain from acts or omissions that constitute a conflict of interest or taking of a corporate opportunity of the Provider;

(c) The Provider will meet its own equipment, technological, and staffing needs as required to competently provide the Services, all at the Provider’s own expense unless otherwise specifically agreed by the Provider;
The Provider will comply with all applicable legislation.

Testimonial Disclaimer

All the transformations and testimonials presented by the COMPANY are real. However, these testimonials are not claimed to represent guaranteed results from using the SERVICES. Your results may vary from using SERVICES, and you may not get the same results compared to someone else when using our SERVICES due to differences in your individual circumstances. Your experience will depend upon you and how much effort you put in.

Photography Permissions

The CLIENT acknowledges explicit consent to the COMPANY, without reservation to use, assign, convey, reproduce, copyright, or publish my name, image and/or likeness that arises from my participation in the SERVICE for promotional, instructional, business or any other lawful purposes, at the COMPANY’s sole discretion. If the CLIENT does not wish images and/or their likeness to be used for promotional, instructional, business or any other lawful purposes, at the COMPANY’s sole discretion, explicit written request is required. The COMPANY shall abide by any written request regarding images and/or likeness of the CLIENT being used for promotional, instructional, business or any other lawful purposes, at the COMPANY’s sole discretion.

Liabilities and Warranty:

EXCEPT AS OTHERWISE STATED IN THIS SECTION, THE SERVICES AND/OR PRODUCTS PROVIDED ARE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS ANY LIABILITY TO ANY PERSON OR ENTITY FOR THE PROPER PERFORMANCE OF SERVICES. PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS COMPLETE OR FREE FROM ERROR, THAT CLIENT WILL ACHIEVE ANY PARTICULAR RANKING, POSITION, INCREASE IN PAGE VIEWS, VISITORS, OR REVENUE, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS, LOSS OF RANKINGS, OR OMISSIONS IN THE SERVICE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, TECHNICAL MALFUNCTIONS, ALGORITHM CHANGES, OR OTHER CAUSE.

PROVIDER SHALL HAVE NO LIABILITY IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS, LOSS OF PROFIT, REVENUE, RANKING OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF IT IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. CLIENT UNDERSTANDS THE UNIQUE NATURE OF THE SERVICES OFFERED, AND THAT THIS PROVISION IS A BASIS FOR THE BARGAIN UNDER WHICH THIS CONTACT IS FORMED. PROVIDER WILL NOT BE LIABLE FOR ANY HARM OR LOSS ASSOCIATED WITH ANY DELISTING OR REDUCTION IN RANKING UNLESS DUE TO GROSS NEGLIGENCE ON ITS PART.

Client agrees to indemnify, defend, and hold harmless the Provider from any and all third party claims, losses, liabilities, costs, and expenses arising out of or related to the use of the services, or attributable to Client’s breach of this Agreement.

NO PROFESSIONAL ADVICE

The information contained in or made available through the SITE (including but not limited to information contained in videos, message boards, comments, during coaching and consulting calls, in emails, in text files, or in chats) does not constitute or imply any guarantee of any business coach or consultant listed herein.

You should regularly consult qualified legal and financial advisors in all matters relating to matters of law and finance. All visitors to the SITE are responsible for their own choices of business coach or consultant – and must never replace or supplement for professional advice from appropriate legal, financial representative experts. Nicole Du Guay makes no claims to providing expert legal or financial advice, nor to guarantee financial gain of any kind, therefore, is not responsible or liable in any way for the choices of any visitor to this website. The owners of the COMPANY, and their affiliates, are not responsible or liable in any way, whether direct, indirect, consequential, special, or exemplary for the choices of any visitor to the SITE resulting in, but not limited to, economic loss, injury to reputation, or legal disputes.

Warranty Period for all Design, Coaching and Consulting services: The Provider agrees to warranty the site for up to ninety (90) days after launch of errors made by The Provider or omissions from the agreed upon scope of work. The Provider does not warranty the website from any changes after completion and launch. This may include but is not limited to: software updates, third party intervention (hacking), client changes to the site, data corruption, hosting issues, etc. Requests for additional support will be billed on an occurrence and materials basis at The Provider’s standard flat rate.

UNCONTROLLABLE EVENTS:

No party shall be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond the reasonable control of such party (but do not include financial insolvency or inability to pay). Uncontrollable Events in this contract not only include those which are normally contemplated, but also include any changes by third parties, such as search engine guidelines and changes to websites, that may influence the outcomes and strategies of this contract, of which neither party has control over or specific knowledge of the third parties actions. The time for performance of any act delayed by such causes shall be postponed for a period equal to the delay or by the magnitude of such act; provided, however, that the party so affected shall give prompt notice to the other party of such delay. The party affected, however, shall use its best efforts to avoid or remove such causes of nonperformance and to complete performance of the act delayed, whenever such causes are removed.

GOVERNING LAW AND FORUM; ATTORNEY’S FEES:

The interpretation and construction of this Agreement, and all matters relating hereto, shall be governed by the laws of Rouen, France. The parties hereby submit to the jurisdiction of, and waive any venue objections against, a court of competent jurisdiction in Normandie, France. The prevailing party shall be awarded its reasonable attorney’s fees and costs in any lawsuit or dispute arising out of or related to this Agreement.

GRAPHIC & WEB DESIGN CANCELLATIONS:

Client realizes the services that are being performed are unique, and that Provider will be making certain commitments of its time and resources in order to perform the services. As such, once the agreement has been signed and the first installment has been made by The Client, there will be no refunds given. In addition, any nonpayment by the Client will be considered a breach of this Agreement and will allow the Provider to accelerate any amounts due and owing and demand such amounts due and owing within thirty (30) days of making such demand. Client understands nonpayment may lead to a negative impact on its credit, and Client will also be responsible for all attorneys’ fees and costs in collecting the amounts. The Provider may cancel this agreement with thirty (30) days of written notice.

Graphic & Web Design Termination Fees: In the event of termination, Client shall pay The Provider for the Services performed through the date of termination in the amount of a prorated portion of the fees due. Client shall pay all Expenses, Fees, and Additional Costs incurred through the date of termination.

Dispute Resolution

Parties agree to attempt to resolve any dispute by negotiation between the parties.

In all other circumstances, the parties specifically consent to the local, provincial and federal courts located in France. The parties waive any jurisdictional or venue defences available to them and further consent to service of process by mail.

The prevailing party shall be entitled to recover its attorneys’ fees and costs in any dispute resolved by binding arbitration or litigation.

Waiver; Modifications:

No waiver by either party of any breach by the other party of any of the provisions of this Agreement shall be deemed a waiver of any preceding or succeeding breach of the same or any other provision hereof. No such waiver shall be effective unless in writing and then only to the extent expressly set forth in writing. No modifications of this Agreement shall be effective unless in writing and signed by both parties. The type of Services offered or their scope may be enlarged however any amendments must be in writing, and explicitly acknowledged as an amendment to the scope of work, with such acknowledgment done via signature.

In the absence of a clear definition in this contract, a common sense, commercial interpretation will be deemed as a suitable representation. This agreement may be modified by mutual consent.

Digital Products Agreements

License and DMCA

The website does not contain any material protected by copyright. We do not host any files that violate copyright. All digital products on the website are released under GNU General Public License and designed by one or more third parties (developers).

These products and any other material presented on the website are available for personal use only. If you want to use the products for commercial (business) purposes, you should buy them directly from the developers.

We do not provide any license or trial/commercial keys needed for automatic updating of these products. All products presented on the website operate in full and on an unlimited number of websites (domains). No license keys needed.

Re-use of any graphics, icons, photos or videos from the demo content for any purpose is strictly prohibited. The demo content is for demonstration purposes only.

All digital products are purchased by you without the possibility of re-selling or re-distributing them.

Product Delivery

You can download the item on the item page after paying for the available subscriptions. The download is viable immediately after the order is processed.

All digital products are purchased without the possibility of free updates. Download links will be available for 01 (one) download within 24 hours after you click the download button.

Refund Policy

We don’t accept to refund except for reasonable causes that are decided by us. You must read our terms and conditions prior to registration and usage of our service to avoid lost money.

Graphic & Web Design Support Policy

We provide free technical consultations through our contact form. For example, we can assist in installing digital products.

We are, however, not the developers of the provided products, so our technical support capabilities are limited. We do not change the functionality of products and do not fix developer bugs.

Graphic & Web Design Guarantees

We guarantee that any digital product purchased on the website does not contain any malware, viruses or advertising. However, we do not give you any guarantees that the products purchased on the website will function exactly as you would like or will be compatible with all 3rd party components and plugins.

All digital products are provided «as is». We do not accept any liability for any damage to websites due to the use of the downloaded products.

Miscellaneous

Should any provision of these Terms & Conditions be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect.

These Terms & Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms & Conditions are not assignable; any transfer, assignment or delegation by you is invalid.

These Terms & Conditions constitute the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties.

The headings of these Terms & Conditions are provided for convenience only and shall not affect its construction or interpretation.

Legal Age Requirement

To access or use the SITE, you must be 18 years or older and have the requisite power and authority to enter into these Terms & Conditions.

RETREATS

The RETREAT ATTENDEE will release, forever discharge and agree to hold the COMPANY, the business directors and their site organizations harmless from any and all liability, claims, demands and lawsuits and expenses arriving from any personal injury, sickness, death, or property damage of any nature whatsoever, which may be incurred or suffered by the RETREAT ATTENDEE while attending retreats with hosted or led by Nicole Du Guay.

The RETREAT ATTENDEE understands that the COMPANY reserves the right to decline to accept or retain any person whose actions, physical health, mental condition or general deportment impede trip operation or rights, welfare or enjoyment of other attendees.

The RETREAT ATTENDEE assumes all risk of potential injury, sickness, death, damage and expenses arising from their participation in all activities, including all activities, excursions, courses, program offerings, coaching, consulting and yoga instruction offered at the retreat.

The RETREAT ATTENDEE agrees to indemnify and hold the COMPANY, the site organization and their respective members, directors, employees, volunteers and agents (collectively, the “indemnities”), harmless, from and against any and all claims, demands, actions, lawsuits, damages and liabilities, including attorneys’ fees and expenses sustained by the INDEMNITIES as the result of the negligent, willful, or intentional acts of the RETREAT ATTENDEE.

RETREAT CANCELLATIONS AND REFUNDS:

The COMPANY reserves the right to substitute hotels and group leader and to alter the itinerary when deemed necessary or advisable. The right is also reserved to cancel any trip prior to departure. The COMPANY, its directors and affiliates are released from any and all liability for cancellation of any trip, or portion thereof, and reserves the right to cancel the retreat in the even that we do not meet the retreat minimum requirements. In the event the retreat is cancelled by the COMPANY, all moneys paid will be fully refunded.

The CLIENT understands and acknowledges that any cancellations must be received in writing by the final deadline stated in the retreat description. Any cancellations received after the final deadline stated in the retreat description will result in a one hundred-percent (100%) of the total trip cost and all moneys paid to the COMPANY.

Terms and Conditions

The website reserves the right to change or modify the current Terms and Conditions with no prior notice. We also reserve the right to change the terms of the sale of digital products and subscription. We accept no liability to you or any third party in the event of changes in the conditions of sale of digital products or subscription.

Changes to our Terms & Conditions

If we decide to change our Terms & Conditions, we will update the Terms & Conditions modification date below.

This policy was last modified on 07/11/2023.

Contacting Us

If there are any questions or concerns regarding our Terms & Conditions, you may contact us using the information below:

nicole@nicoleduguay.com

nicoleduguay.com

website in a day terms