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General Terms & Conditions

Last update: 09.20.2024

THE PARTIES

These Terms and Conditions constitute a legally binding contract between you (the natural or legal person purchasing products, services or products from the company) and Amandine STEPPE – EI (DBA NxT – House of Luxury Branding), a microenterprise registered with the RCS under the SIRET number 839 219 722 00023, with its registered office at 61, rue du Château d’Eau, 33 000 Bordeaux – FRANCE, and registered as a Training Organization under the number 75331193233 with the Prefect of the Nouvelle-Aquitaine region and referenced in the Data-Dock under number 0076773, hereinafter referred to as “we,” “us,” “our,” “NxT,” or “the Company”.

By accessing or using our website or services, you agree to be bound by these Terms and Conditions.

préamble

We offer brand creation, training, speaking engagements, individual and group branding coaching, both online and in-person. These services are available through our website (https://nxt-branding.com/) and the online platform Systeme.io. You can find a detailed list and description of our services on the website and associated sales pages.

These Terms and Conditions govern all consulting, creation, communication, and training services provided by NxT. By placing an order for any service, you acknowledge your complete and unconditional acceptance of these Terms and Conditions.

No conditions stated by you, whether general or specific, shall supersede these Terms and Conditions unless formally accepted in writing by NxT.

article 1 – PURPOSE & GENERAL PROVISIONS

A. These General Terms and Conditions (“GTC”) govern all sales of products and services made through the NxT sales platforms and form an integral part of your contract with us.

B. We reserve the right to modify these GTC at any time by publishing a new version on our website. The applicable GTC will be the version in effect on the date you pay for your order (or the first payment if it’s a multi-payment purchase). You can always find the current GTC on our website at https://nxt-branding.com/terms-conditions/.

C. By making a purchase, you confirm that you have read and fully accept all of these GTC, including any specific terms and conditions that may apply to a particular product or service.

D. You acknowledge that you have received the necessary information to determine if our offerings meet your needs. You also declare that you have the legal capacity to enter into a contract under French law, or that you are authorized to act on behalf of the individual or legal entity you are purchasing for. Our records will be considered proof of all transactions unless you can provide evidence to the contrary.

E. A copy of these GTC is automatically included with every quote you receive. These GTC form the legal basis of all our contracts and supersede any conflicting terms, whether written or not, that you may propose or use when placing your order. This applies unless we explicitly accept your terms in writing.

article 2 – Products & services

A. The specific characteristics and pricing of our products and services are provided on our website or in a quote before you make a purchase.

B. We are committed to fulfilling your order. In the event of any issues, we will notify you promptly. All contractual information is provided in detail and in English.

C. As required by French law, your order will be confirmed upon validation. Please note that any images or illustrations of products are for informational purposes only and do not constitute a contractual obligation.

D. The validity period of offers and prices is listed on product sales pages, quotes, and for recurring or periodic services, the minimum contract duration.

E. The rights granted under these Terms and Conditions are solely for the individual who places the order (or the person associated with the provided email address), unless otherwise specified. In cases of suspected fraud, we reserve the right to permanently revoke your access to our training courses.

article 3 – prices

A. We reserve the right to adjust our prices at any time, including in response to changes in market conditions, supplier costs, or regulatory requirements. Any price changes will be communicated to you prior to the effective date, and will be reflected on our website and in any subsequent quotes or invoices.

B. You are solely responsible for any telecommunication fees or other expenses incurred in accessing our websites or services. These costs may vary depending on your location, service provider, and usage.

C. The prices for our services are listed in euros on our quotes and sales pages, both excluding and including VAT.

D. The prices listed on our quotes and sales pages for our various services are inclusive of the core service, the delivery of necessary content (such as tutorials or workbooks), and the time spent on preparation and production. However, certain additional costs may apply, such as:

  • Travel expenses: If our services require in-person meetings or training, we may charge for travel costs, including transportation, accommodation, and per diem expenses.
  • Accommodation costs: For extended engagements or training sessions, we may arrange accommodation for our team. Any associated costs will be clearly communicated to you in advance.
  • Third-party fees: In some cases, we may need to engage external providers (e.g., for specialized software or equipment). Any fees charged by these third parties will be passed on to you.

E. We will provide you with a detailed breakdown of any additional costs and obtain your explicit consent before proceeding with the corresponding services.

    article 4 – payment terms

    A. You can make payments using our secure online payment platforms, via credit card or PayPal. Credit card payments are processed through our payment provider, Stripe, using the latest encryption standards to protect your information. Payments are processed immediately upon verification of your information.

    B. Payment is considered complete upon actual receipt of funds. According to the Monetary and Financial Code of France, card payment commitments are irrevocable. You must provide your banking information at the time of purchase and authorize us to debit your card for the indicated amount. You must confirm that you are the legal cardholder and have the authority to use it.

    C. We will validate and initiate your service only after receiving the deposit or full payment, which can be made online using a payment link (CB or PayPal). Payment links are available on our website or will be sent by NxT.

    D. In case of payment errors or unsuccessful card debits, your sale will be automatically canceled.

    E. For certain services, we offer installment payment options. You agree to pay monthly installments as validated when signing the quote. All installments are due. If you miss a payment, we reserve the right to send a payment notice and charge you the current legal interest rate. Any unpaid amounts, late payments, or returned payment vouchers may result in immediate service suspension. If the payment delay exceeds two months, we may take legal action.

    F. You will not be entitled to compensation from NxT if we suspend services due to payment incidents.

    article 5 – online contract conclusion

    A. To place an order, you must follow a series of steps specific to the product or service you’ve chosen. These steps typically include:

    • Obtaining information: Review product details through a video call, text message, voice message, or by using information on our quote or sales page.
    • Providing information: Complete the payment form with your identification details, address, and other required information.
    • Accepting terms: Agree to these General Terms and Conditions.
    • Reviewing order: Check your order for accuracy and make any necessary corrections.
    • Payment: Follow our payment instructions and complete the transaction.
    • Confirmation: Confirm your payment.
    • Order confirmation: We’ll send you an automatic email confirming your order.
    • Service details: Within 72 hours of payment confirmation, we’ll send a personalized email containing your invoice and the necessary information to access the service (e.g., links to an online schedule, pre-appointment surveys, platform access details).

    B. You agree to provide accurate identification information to ensure a successful order.

    C. Products remain our property until full payment is received.

    D. We reserve the right to refuse an order for any abnormal or fraudulent requests, or for legitimate reasons. We reserve the right to refuse an order:

    • For abnormal, fraudulent, or illegitimate requests.
    • If our operating methods do not align with your objectives, vision, or available resources.

    E. We may also refuse an order if:

      • You have a history of non-payment or late payments.
      • There are concerns about your creditworthiness.
      • You have violated our terms and conditions in previous transactions.
      • We believe there is a risk of fraud or abuse associated with your order.

      F. Generally, services will commence after partial or full payment.

      G. The offer’s validity may be subject to timely payment of deposits and your adherence to deadlines for providing required resources (text content, visuals, etc.).

      H. We cannot initiate the service without all necessary resources for its successful completion.

      I. If you fail to provide requested resources within one month of signing or paying the deposit, or if we deem you to have abandoned the order (no response via email or phone after one month of our first reminder), we reserve the right to terminate the service without compensation or refunds. Any completed work will be delivered as is.

        article 6 – Refund

        A. Online Training: As per Article L121-21-8 of the Consumer Code, the right of withdrawal does not apply to contracts for the supply of digital content that is not provided on a physical medium and whose execution begins after the consumer’s explicit consent and waiver of the right of withdrawal. Therefore, no refunds will be issued for online training services.

        B. Brand Creation and Coaching:

        • Paid amounts are non-refundable.
        • Deadlines and information requirements for each service are provided on our sales pages and confirmation emails. By accepting these terms, you agree to comply with these requirements for optimal service delivery.
        • Non-compliance: If you fail to meet these requirements, we cannot be held responsible for delays. Significant breaches (e.g., missed deadlines, insufficient information) may result in contract termination without a refund.
        • Group Coaching: You commit to attending scheduled appointments. Missed appointments can be reviewed in replays. No new sessions will be granted due to absence.
        • Individual Coaching: You agree to respect appointment dates and provide advance notice (at least four hours) of any unforeseen events. Missed sessions may be billed or deducted from your package, even if you are absent.
        • Unanswered Calls: Unanswered calls from NxT will also be billed or deducted from your package.
        • Rescheduling: We may schedule a new appointment based on availability, but there are no guarantees.
        • NxT Cancellations: If we cancel a coaching session, we will notify you promptly and reschedule it as soon as possible.

        article 7 – Order modification

        A. To modify an order, you must follow the same procedures as when placing the initial order.

        B. Any order cancellation will result in NxT retaining the deposit or any payments already made. We may also pursue additional compensation through legal channels if the cancellation causes us harm.

        article 8 – Delivery terms

        A. Delivery Timeframes:

        • Online Training: We aim to deliver electronic products to your email address within 60 minutes of receiving your payment. However, unforeseen circumstances, data entry errors on your part, or technical issues with payment or training platforms may delay delivery.
        • Brand Creation: Final files will be delivered upon receipt of your full payment. Printables (business cards, flyers, etc.) are delivered in digital format and do not include printing services.

        B. Transfer of Rights: Intellectual property rights for the deliverables will be transferred to you definitively upon your completion of all payments.

        C. Risk of Loss: You assume the risk of loss or damage to the products once you have access to them.

        article 9 – LIABILITY & OBLIGATIONS OF THE PARTIES

        A. We are not liable for damages caused by factors beyond our control, such as internet network issues, data loss, viruses, hacking, service disruptions, or other involuntary problems and force majeure events.

        B. By accepting these terms, you acknowledge that we are not liable for any injuries, direct or indirect damages, losses, or consequential damages arising from your use of our digital services, products, content, or website. We are not liable for damages related to the purchase of our online programs or services. You can only hold us liable by proving our wrongful conduct. Our liability is limited to foreseeable and direct damages and cannot exceed the total cost of the service that caused the damage. You must file any damage claims within 15 days of the incident.

        C. We cannot guarantee constant availability of our services and products.

        D. We do not guarantee that our services and products are error-free. The information provided in our services, programs, and products is not intended as legal, medical, financial, tax, or other advice.

        E. We strive to perform our obligations to the best of our ability and in accordance with industry standards. However, we do not guarantee the results of any actions, whether recommended or not, on our website, in our content, or through our interventions, training, and coaching. We commit to providing necessary elements for your success, but we cannot guarantee specific outcomes. We ensure compliance with advertising regulations for campaigns and media we recommend, design, or distribute on your behalf. We are not responsible for decisions made by you or third parties you appoint. You are responsible for your own success or failure in implementing our online programs, services, and products. Benefits will depend on your efforts, dedication, diligence, circumstances, and various factors beyond our control. Past successes by other customers do not guarantee similar results for you. When purchasing branding coaching, you agree to actively participate, be diligent, utilize our provided content, and take necessary actions for success. If we determine you are not making full use of available resources, we may terminate the contract at the end of the current month.

        F. You assume the sole risk of using our services, programs, or products.

        G. You agree to indemnify, defend, and hold harmless NxT and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Website/Service or your violation of these Terms and Conditions.

        article 10 – INTELLECTUAL PROPERTY & CONFIDENTIALITY

        A. All elements on our website (https://nxt-branding.com/) and platform, including trademarks, designs, models, logos, music, and graphics, are the exclusive property of NxT or its suppliers. You are only authorized to access and view this content for personal and private use. No reproduction or use for other purposes is permitted. Any unauthorized use constitutes a copyright infringement and will be prosecuted accordingly.

        B. Both NxT and the client agree to maintain confidentiality regarding all processes, tools, information, and documents exchanged during coaching sessions, regardless of their nature (economic, commercial, technical, educational materials, etc.). You agree not to disclose, use, or reproduce the coaching methods taught by NxT for commercial purposes.

        C. You guarantee that any documents provided to NxT by you or your representatives are free of any third-party copyrights that would prevent us from fulfilling the agreed-upon services. You agree to indemnify NxT for any damages or interest arising from copyright infringement by a third party due to services rendered to you.

        D. You expressly authorize NxT to revise, edit, and modify any documents provided by you, as well as to make reproductions for service fulfillment purposes.

        E. You agree to inform NxT promptly of any suspected copyright infringement.

        article 11 – acceptable use

        A. You agree to use our services in accordance with all applicable laws, regulations, and industry standards. Prohibited uses include, but are not limited to:

        • Illegal activities: Using our services for any unlawful purpose, including but not limited to, copyright infringement, trademark infringement, or defamation.
        • Harm to others: Using our services to harass, threaten, or harm others.
        • Disruption: Intentionally or unintentionally disrupting or interfering with our services or the systems of others.
        • Spamming: Sending unsolicited messages, including spam, phishing, or chain letters.
        • Malware: Introducing or spreading malware, viruses, or other harmful code.
        • Reverse engineering: Attempting to reverse engineer, decompile, or disassemble our software or services.

        B. We reserve the right to terminate your access to our services if you violate this Acceptable Use Policy or any other terms of service. You may be held liable for any damages or losses incurred by us or others as a result of your violation of this policy.

          article 12 – MISCELLANEOUS

          A. FORCE MAJEURE: NxT shall not be liable for any failure to perform its obligations if such failure is due to a force majeure event. A force majeure event is an unforeseen, irresistible, or external event that makes it impossible or significantly more difficult to fulfill an obligation. Examples include strikes, energy supply disruptions, telecommunications and computer network disruptions (including those of connected networks), and other similar events.

          B. REFERENCES: You authorize NxT to use your first name, logo, and testimonial in our communications (social media, website, etc.). If you prefer not to have this information published, please notify us in writing at the time of coaching.

          C. SUBCONTRACTING: We may subcontract all or part of the work ordered by you. This may apply to any type of service, and we are not obligated to notify you beforehand.

          D. GEOGRAPHICAL AREA: Our online sales of products and services are not limited to a specific geographic area. Appointments conducted via phone or video conference will take place during Los Angeles business hours (PST).

          E. PERSONAL DATA PROTECTION: We comply with the French Data Protection Act (Loi relative à l’informatique, aux fichiers et aux libertés) of January 6, 1978. This means we process customer data electronically in accordance with the law. You can object to the disclosure of your personal information by contacting us at [email address]. You have the right to access and rectify your personal data as per the Act of January 6, 1978. We will not share or sell your personal information, including that of newsletter subscribers, to third parties for commercial purposes.

          F. ARCHIVING & PROOF: Our electronic records will be considered proof of communications, orders, payments, and transactions between us.

          G. GOVERNING LAW: This contract is governed by French law. Before resorting to litigation, we will seek an amicable solution to any disputes that may arise. If an amicable solution cannot be reached, any dispute arising from this contract’s execution or breach shall be submitted to the exclusive jurisdiction of the courts of Bordeaux (Gironde, France). This applies regardless of the nature of the proceedings, including summary proceedings, incidental claims, or multiple defendants, and regardless of the payment method or terms.

          H. SEVERABILITY & MODIFICATION: If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Any modifications to this contract must be made in writing and signed by both parties.

          I. Waiver: No waiver or modification of any provision of this Agreement shall be effective unless made in writing and signed by both Parties. The failure of either Party to exercise any right or remedy provided for herein shall not constitute a waiver of such right or remedy.

          J. Entire Agreement: This Agreement constitutes the entire understanding and agreement between the Parties and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written, with respect to the subject matter hereof. No representations, warranties, or other terms not expressly set forth in this Agreement shall be binding on either Party.

          K. CONTACT: For any information, complaint, question, or advice, NxT can be reached by email at bonjour[at]nxt-branding.com or by clicking here.

          article 13 – credits

          Website: Created by NxT using WordPress. Hosted by Gandi.net.

          Online Training Platform and Payment Pages: Hosted by Systeme.io.

          Payment Processing: Payments processed by Stripe and Paypal.

          Images: Royalty-free photos used from Pexels.com, Unsplash.com, Pixabay.com, Freepik.com, and similar platforms.

          Photography and Make-up Services: Photography by Claire Bergès (Claire B. Studio – Bordeaux). Make-up by Marie Minéo (Coda Pro Make-up – Bordeaux).