These terms and conditions apply to Services, Courses and Memberships provided by Skyhook Projects (company number 01143122) of Hesselterbrink 122, 7812 EC Emmen, The Netherlands with VAT number NL002231073B95 (“Skyhook Projects” or “Your Epic Business” or “we” or “us”).
You may contact us on email@example.com..
These terms and conditions apply to the sale of any Course, Service or Membership. Please read these terms and conditions carefully before making your purchase and print off a copy for your records.
If there is any conflict, these terms and conditions and any Specific Course or Service or Membership Terms and Conditions shall be applied in the following order of priority:
- Course, Service or Membership Specific Terms and Conditions,
- These Standard Terms for the Purchase of Courses, Services and Memberships,
For purchases via our website, by clicking on the “Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services, Courses or Membership subscription from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course, Service or Membership Materials, but does not include information in the public domain, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Materials” means the information provided by Skyhook Project to accompany a Course, Membership or Service provided as part of the Services in electronic form.
“Fees” means the fees you pay to Skyhook Projects for the Services, Courses or Memberships.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Course” means the delivery by us of an online course where you are provided with course materials remotely.
“Membership” means the delivery by us of monthly materials provided to you remotely.
“Service” means the delivery of a service to you, resulting in a Product.
“Product” means the result of a Service, specifically for your business.
“Epic Business Services” means the provision of a Service, Membership, Course and/or the Course/Service/Membership Materials together with such other services as agreed from time to time and purchased by you through the Website or by email, message or telephone.
“you” means the individual purchasing the Services.
2. The Services
2.1. A description of the Courses together with the dates on which a Course will begin will be communicated to you via email. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice. An equivalent alternative will be offered if a Course or Membership is withdrawn.
2.3 We do not make any guarantee to you that you will obtain a particular result, from your purchase and completion of any of the Services. Results depend on many factors, including implementation, timing, and effort, which fall under your control.
2.4 If you are unhappy with the quality of any Services offered by us, you agree to contact us on firstname.lastname@example.org. We will then do our utmost to repair any errors on our part which may have occurred.
2.5 Products produced as by Skyhook Projects on your behalf as part of a Service, will only belong to you when these complete fees have been paid.
2.6 Our standard working hours are Monday-Friday 9.00 -16.00 CET. We strive to react to any enquiries within 48 hours during our working hours.
3. Ordering Services
Purchasing Services via the Website
3.1. When you place an order for a Service, Course or Membership via the Website or a Service via email or telephone, you are offering to purchase the Services on these terms and conditions.
3.2. Following receipt by us of your order for Services via the Website or email we will contact you confirming receipt of your order.
3.3. A legally binding agreement between us and you shall come into existence when we have:
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received (part) payment of the relevant Fees from you in accordance with clause 5 below.
3.3 If your order consists of a Membership subscription, you are agreeing to purchase a monthly or annual subscription, which automatically renews on the same day of the month or year.
3.4 Part payments imply that you will complete the entire set of part payments.
4. Cancellation and Variation
4.1. Subject to clause 4.2 and 4.3 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.3 above, then you are permitted within 14 working days starting on the day after the date we have concluded our agreement in accordance with clause 3.3, to cancel your purchase of the Services.
4.2. If you have purchased a Course and have already accessed, downloaded all or part of the Course and/or started to use that Course then you shall have no right to cancel your order.
4.3 You may cancel your membership subscription before renewal. In the case of a monthly subscription, this means before the subsequent month, for an annual subscription, before the next year. Cancel your subscription by sending an email to lynn@yourepicbusiness..com. Skyhook Projects is not responsible for the consequences of late cancellations.
4.4. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Skyhook Projects.
4.5 Any financial recompense for cancellation, is at the discretion of Skyhook Projects and follows notice on your part in accordance with clause 2.4.
5.1. The Fees for the Services shall be as set out on the Website or as told to you via email at the time you placed an order for them.
5.2. If you own a company located in the EU and have provided us with your relevant and valid EU Tax number or you own a company outside the EU, the Fees are exclusive of VAT. If you own a company located in the Netherlands, VAT (BTW) will be added to the Fees for the Service. If you do not own a company or are not liable for VAT, please consider these Fees to include VAT and declare this appropriately with your local tax authorities.
5.3 If you provide an incorrect EU Tax number, you may be liable for a supplementary invoice to cover the correct VAT amount.
5.4. Fees for the Service selected by you on the Website or purchased via email or telephone shall be debited from your credit card or Paypal account at the time of purchase. Fees must be paid prior to you accessing any Service.
5.5. Any fees charged by your credit card provider or Paypal in connection with your payment for Services are for your own account and Skyhook Projects shall not be responsible for these.
5.6. Part payments for a Course permit access to the Course, on the understanding that you complete the remaining payments on time. Failure to make subsequent payments on time will lead to your access being revoked.
5.7 Part payments for a Service give access to that Service on the understanding that you complete the remaining payments on time. Failure to make subsequent payments on time will need to a discontinuation of your Service.
5.8 Failure to make monthly or annual payments for the Membership will lead to access being revoked for all materials included in the Membership, including any courses included in the Membership package.
5.9 If you leave the Membership and later wish to return, it will be at the current rate at that time and with the current benefits.
5.10 Affiliate payments will continue to be paid, regardless of your client status at that time, unless you owe us money for any reason. In the latter case, affiliate payments will cease to ensure your debts to us are paid.
6.1. Although Skyhook Projects aims to provide the Courses, Memberships and Services to the highest standards, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties, or other terms shall apply to the Services, Courses or Memberships. Subject to clause 6.4 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
6.3. Subject to clause 6.5 below, Skyhook Project’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service, Courses or Membership (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Course, Service or Membership in relation to which a dispute has arisen. In the case of a Membership, this amount shall be limited to the amount paid by you in the 12 months prior to your liability claim.
6.4. Nothing in this Agreement shall exclude or limit Skyhook Project’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Dutch law may not be limited or excluded.
6.5. No claim may be brought more than six months after the last date on which the Services or Course concerned have finished or ceased to be provided by us. In the case of the Membership, no claim may be brought more than six months after the last date of membership.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials, Online Courses, Services and Membership, and the information provided by Skyhook Projects are, and remain, the intellectual property of Skyhook Projects or its licensors, whether adapted, written for or customised for the Client or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay the Course or Membership given (other than for your own use);
(iii) use the Course Materials in the provision of any other course;
(iv) remove any copyright or other notice of Skyhook Projects or Your Epic Business on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse any software forming part of the Courses, Services or Memberships.
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Courses, Services or Memberships.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials or Membership in respect of the Online Course or Membership for the sole purpose of completing the Online Course or Membership activities.
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your Fees;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Skyhook Projects who provides the Courses, Services or Membership or any client taking part in a Course, Service or Membership;
- steal or act in fraudulent, deceitful or offensive manner towards us or our employees or our clients, while taking one of our Courses, Services or Memberships;
- are in breach of these terms and conditions.
9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Service, Course or Membership provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
We shall be entitled to assign these terms and conditions to any other company without prior notice to you.
11. Entire Agreement
These terms and conditions, are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
Skyhook Projects shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, pandemics, and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness or death of the trainer, Government edict or regulation.
We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.
14. Data Protection
14.1 Who is collecting the data?
Data on this site is being collected by Skyhook Projects, the company behind Your Epic Business, owned by Lynn Coleman. We’re registered at Hesselterbrink 122, 7812 EC, The Netherlands, Tax id: NL002231073B95, Company registration number (Netherlands): 01143122.
14.2 What data is being collected?
If you request information or subscribe to an activity:
- Your first name and email address
If you are a customer, the following information may be recorded:
- Your first name, last name, company name, company address, company email address, telephone number, tax number, company registration number
- A record of our contact and activity
14.3 What is the legal basis for processing the data?
The legal basis for processing the data is the EU law GDPR, May 25th 2018. Skyhook Projects operates in the Netherlands.
14.4 Will the data be shared with any third parties?
Data will never be shared explicitly with other parties. However, it is possible that your data may be hosted on a server from another party. In this case, data is password protected. In some cases, this data may be stored outside the EU. In these cases, these parties have provided certificates suitable for users in the EU.
14.4 How will the information be used?
Data is collected in order to:
- ensure that I am able to contact you if you have requested information, subscribed to an activity or requested a download
- ensure that I am able to contact clients
- ensure that I am able to meet my legitimate interests (cookies)
- help me offer a better experience for visitors to the site (tailored, cookies)
- help me attract more visitors to the site (cookies, data is anonymous)
14.5 How long will the data be stored for?
- Client materials will be stored for maximum 3 years after you have ceased to be a client.
- Information needed for the tax authorities will be stored for 7 years.
- Contact information will be kept until you unsubscribe or your details are found to be no longer valid. It is also possible that a clean up may take place: in that case, unused contact information will be deleted.
14.6 What rights do you have regarding your data?
You have the right to request that you see which data is stored about you.
You also have the right to request that this data is deleted (barring the legal requirements to data retention).
You have the right to raise a complaint with the Dutch GDPR authorities.
14.7 How can you raise a complaint?
Please email us to raise any issue you may have. I will then contact you to discuss how we can proceed further.
15. Law and Jurisdiction
This Agreement is subject to Dutch law and the parties submit to the exclusive jurisdiction of the Dutch courts in connection with any dispute hereunder.
You can contact us by email on: email@example.com