These Terms and Conditions apply to everything you buy from or do on NewCOACH.ES. The services are provided by:
Company: NewCOACH.es, a subsidiary of SMRT.BIO Global B.V.
Registered address: Mierloseweg 134, 5707 AS Helmond, Netherlands
Chamber of Commerce / company register no.: [● number] VAT no.: [● number]
Email: hello@smrt.bio Website: www.newcoach.es
NewCOACH.ES trains and certifies coaches who use the SMRT.BIO platform to help people choose a study or career, build a Business Model Canvas, prepare a business plan and apply for financing. The SMRT.BIO platform itself is provided by SMRT.BIO Global B.V. ("SMRT.BIO").
3.1 By creating an account, enrolling or paying you accept these Terms and the Policies. If they conflict, a separate signed agreement prevails, then these Terms, then the Policies.
3.2 General terms of a business customer do not apply unless we accept them in writing.
3.3 Use of the SMRT.BIO platform is also subject to the SMRT.BIO terms of use at (SMRT.BIO Privacy Policy). We will make sure the two sets of terms do not contradict each other on anything that matters to you.
4.1 Certification
Each certification includes: the training programme (days, online or in person as stated in the offer), the certification test (portfolio plus assessed pitch), the NewCOACH manual, four hours of individual virtual support, a NewCOACH coach account on SMRT.BIO with room for up to 200 coachees, and a listing in the NewCOACH.ES coach directory. Certification is valid for twelve months from the day you pass.
4.2 Licences
Employer licence: €10 per organisation per month. Employee licence: €10 per employee per month. Licences give access to the SMRT.BIO features, including the Passion, Strength and Skill tests, job profiles, the Business Model Canvas and the Apply for Financing module.
4.3 Prices
Prices above are tier-A list prices. Tier B pays 10% less, tier C 20% less and tier D 30% less. For consumers, the price shown at checkout always includes VAT. We may change prices for future periods with at least 30 days' notice; a price change never affects a period you already paid for.
This is what happens once your payment has been received. The times are our commitments; if we cannot meet one, we will tell you and say when it will happen instead.
5.1 After paying for a certification
5.2 After paying for a licence
5.3 What we do not promise
We train coaches and provide tools. We do not guarantee any particular outcome for a coach or coachee, such as a number of clients or licence sales, a job, admission to a study programme, or approval of a financing application. Decisions about financing are taken by the financing parties alone.
6.1 You must be at least 16 years old to create an account. Younger users may use SMRT.BIO only through an institution that has the required parental consent.
6.2 You must give accurate information, including the country used for your price tier, and keep your login details secret. You are responsible for activity under your account.
7.1 Certification fees are paid in advance on enrolment and at each renewal. Licences are billed monthly in advance. Payment is made through [● payment provider] by [● card / SEPA direct debit / bank transfer].
7.2 Business customers that receive an invoice must pay within 14 days. If payment is late, we may charge statutory interest and suspend the related service after a reminder.
As a NewCOACH you agree to:
follow the NewCOACH Code of Conduct and act in the coachee's interest;
use coachee data only for coaching that coachee, only to the extent the coachee has shared it with you, and in line with data protection law; you must not copy it out of SMRT.BIO for other purposes;
not present yourself as an employee or agent of NewCOACH.ES or SMRT.BIO, and not make promises on our behalf;
describe your certification accurately (coach type and validity) and stop using the certification mark when it ends;
keep within the limit of 200 coachees per certification.
NewCOACHes work as independent professionals. Unless agreed otherwise in writing, you are free to set and charge your own fees for coaching services, and you are responsible for your own tax, insurance and registrations.
9.1 A certified NewCOACH may introduce customers for SMRT.BIO licences. The contract for the licence is between the customer and [● NewCOACH.ES / SMRT.BIO]; the coach does not resell in their own name unless agreed in writing.
9.2 The coach earns a commission of 30% of the licence fees (excluding VAT) actually received from customers the coach introduced, for as long as the coach's certification is valid and the customer remains linked to the coach.
9.3 Commission is calculated [● monthly] and paid within [● 30] days after the end of the month in which we received the payment, on receipt of the coach's invoice or self-billing statement. Refunded or charged-back licence fees are deducted from later commission.
10.1 The training materials, manual, NanoHacks, assessment rubric, the names NewCOACH and NewCOACH.ES, and the SMRT.BIO platform remain the property of NewCOACH.ES, SMRT.BIO or their licensors.
10.2 During your certification, you receive a personal, non-transferable right to use the materials for coaching your own coachees. You may share NanoHack PDFs with coachees, but you may not sell the materials, use them to train other coaches, or publish them as your own.
10.3 Content you or your coachees create on the platform (for example a Business Model Canvas or business plan) belongs to the person who created it. You give us the limited right to host and process it to provide the service.
We aim for the SMRT.BIO platform to be available at all times but cannot guarantee uninterrupted access. Planned maintenance will be announced in advance where possible. Remedies for longer outages are set out in the Refund Policy.
12.1 Our total liability under a contract is limited to the amount you paid for that contract in the twelve months before the event giving rise to the claim.
12.2 We are not liable for indirect or consequential loss, lost profit or lost opportunities, or for decisions made by coachees, employers or financing parties based on coaching or test results.
12.3 These limits do not apply to death or personal injury, to damage caused intentionally or through gross negligence, or where mandatory law, including consumer law, does not allow them.
We are not responsible for delay or failure caused by events beyond our reasonable control. In that case we will offer an alternative date or a refund for services not delivered.
How to cancel and how we may end a contract is set out in the Cancellation Policy. When you get money back is set out in the Refund Policy.
We process personal data as described in the Privacy Policy.
Send complaints to [● support@newcoach.es]. We acknowledge them within 2 working days and aim to resolve them within 14 days. Consumers in the EU may also use the European Commission's Online Dispute Resolution information at ec.europa.eu/consumers/odr [● confirm current status of the ODR platform].
We may change these Terms. We will tell you about material changes at least 30 days in advance. If you do not agree, you may cancel before the change takes effect and receive a pro-rata refund of any prepaid period that runs after that date.
These Terms are governed by the law of [● the Netherlands / Spain]. Disputes go to the competent court in [● city]. If you are a consumer, you keep the protection of the mandatory laws of the country where you live and may also bring a claim there.
If a provision of these Terms is invalid, the rest stays in force and the invalid provision is replaced by a valid one that is as close as possible in meaning. The English version of these Terms is the binding version; translations are for convenience.