GENERAL TERMS AND CONDITIONS OF SUPPORT

BETWEEN THE UNDERSIGNED :

Company MODJO POWER, a single-member limited liability company, with its registered office located at 28 T rue des Graviers, (92200), NEUILLY-SUR-SEINE, registered in the NANTERRE Trade and Companies Register under number 918 225 012, duly represented by Ms Alice MAUDRET in her capacity as director,

Hereinafter referred to as the « Coach »,

Acting on the one part,

AND

Any individual or company purchasing a service or program offered by MODJO POWER via the website or any other sales channel, and having accepted these General Terms and Conditions of Coaching Services electronically,

Hereinafter referred to as the « Client »,

Acting on the other part.

Hereinafter jointly referred to as the « Parties »,

WHEREAS :

The Coach has developed a 1:1 coaching offer in order to provide the Client with personalised strategic support services for professional development.

More specifically, the Services provided by the Coach include:

Four private one-to-one coaching sessions via Zoom over the course of one month, each session lasting up to 90 minutes;
A dedicated Zoom link created for the Client's exclusive use throughout the programme;
A consistent day and time, agreed jointly by the Parties at the outset of the programme, at which sessions will take place each week;
Access to the Coach via WhatsApp for brief questions and support between sessions, excluding weekends and public holidays, with responses provided within a reasonable timeframe during working hours.

THE PARTIES HEREBY AGREE AS FOLLOWS:

ARTICLE 1. PURPOSE OF THE AGREEMENT

These General Terms and Conditions of Coaching Services (hereinafter the “GTC”) are intended to define the rights and obligations of the Parties and to set out the general terms of their cooperation in connection with the services performed by the Coach or by any third party engaged by the Coach (hereinafter the «Contributor»), meaning any natural or legal person engaged by the Coach to provide services.

These GTC constitute the entire agreement between the Parties.
The contract shall be deemed formed and definitively concluded at the time of the Client’s express acceptance of these GTC, materialized by ticking the checkbox provided for this purpose during the payment process.

The GTC are made available to the Client in electronic form and may be stored and reproduced by the Client.
During the performance of the services, any amendments negotiated between the Parties shall give rise to the execution of a written amendment to the contractual document.

ARTICLE 2. COMMITMENTS OF THE PARTIES

2.1. General Commitments of the Parties

Loyalty and Good Faith

The Parties undertake to act towards each other at all times as loyal partners and in good faith.

Confidentiality

Each Party undertakes to keep confidential all practices of the other Party. Accordingly, the Parties agree to comply with this obligation both personally and through their staff.

In particular, the Parties undertake, for the entire duration of this Agreement and for a period of five (5) years following its termination, not to communicate, disclose, or use for their own benefit or for the benefit of any third party, whether a natural or legal person, any confidential information of which they may have become aware in connection with the performance of this Agreement.

For the purposes of this Agreement, confidential information shall include, without limitation, all information, data, documents, exchanges, content, personal disclosures, group interactions, and any other element provided by the Coach or to which the Client has had access in the course of the performance of the Services.

Each Party shall be released from its confidentiality obligations in the following circumstances:

Where the disclosure of confidential information is required by law, regulations, a court order, or where such disclosure is necessary to enforce or establish rights under this Agreement;
Where the confidential information has been made publicly available directly by the other Party without restriction;
Where the confidential information is already known to the public or has entered the public domain through no act or omission of the other Party.

Non-Disparagement

For the entire duration of the Agreement and after its termination, regardless of the cause, each Party undertakes not to disparage the other Party, the Coach, the Contributors, the Services, the Support Program, or any of their products or services, whether to existing or potential clients, or more generally to any third party.

The Parties shall refrain from disclosing any information or making any statement, by any means whatsoever (oral, written, electronic, including on social media and professional forums), that could damage the reputation, image or interests of the other Party.

This non-disparagement obligation applies to the directors, employees, agents, and representatives of each Party.

Proper Performance of the Agreement

Each Party undertakes, under this Agreement and through an active and diligent approach, to implement all means and take all actions necessary to ensure the proper performance of the Services.

2.2. Commitments of the Coach

The Coach undertakes to perform the Services with all the care, diligence, and skills reasonably expected from an experienced professional in her field of activity.

The Parties expressly acknowledge that the intellectual services covered by this Agreement are, by nature, subject to a best‑efforts obligation and not an obligation to achieve a specific result.

The Coach cannot guarantee that the Client will achieve the expected objectives.

The Coach’s liability may only be incurred if a causal link is established between a gross fault committed by the Coach in the performance of the Agreement and the damage suffered by the Client. The Coach’s liability shall in particular not be incurred in the following cases:

In the event of an accident resulting from the Client’s failure to comply with the instructions given by the Coach or any Contributor;
In the event of an accident occurring outside the sessions or advice provided by the Coach or the Contributors;
In the event of acts or omissions by the Contributors;
Where the Client fails to comply with the commitments and warranties given under the Agreement;
In the event of force majeure.

Indirect damages (including, without limitation, loss of income, loss of opportunity, loss of profit, any financial loss, or any non-material damage) shall not give rise to any compensation from the Coach.

The Coach remains solely responsible for the commitments she undertakes and the warranties she provides under the Agreement.

The Client shall be liable for any deterioration caused, as well as for any material or bodily damage resulting from any voluntary or involuntary act attributable to them.

2.3. Commitments of the Client

The Client undertakes to provide the Coach with all information necessary for the proper performance of the Services.

The Client acknowledges that the success of their project depends on their active cooperation.

The Client undertakes to pay for the Services in accordance with the terms of Article 3 of this Agreement.

ARTICLE 3 – FINANCIAL TERMS

3.1. Financial Consideration

In consideration for the Services provided, the Client undertakes to pay the price agreed between the Parties.

The prices set are indicated in US Dollars ($).

The prices are guaranteed for the duration of the Agreement. The Coach reserves the right to update the price of the Services when a new Agreement is entered into or when an amendment is executed.

3.2. Payment Terms

The Parties expressly agree that payment of this amount shall be made online in accordance with the terms agreed between them.

3.3. Payment Due in the Event of Interruption of the Support Program by the Client

Where the Client has paid in full upfront, no refund shall be owed in the event of interruption. Where payment has been agreed in instalments, the Client shall remain bound by their obligation to pay all remaining instalments.

3.4. Accelerated Maturity

In the event of non‑payment of any instalment on its due date, and fifteen (15) days after a formal notice sent by registered letter with acknowledgment of receipt has remained without effect, all outstanding amounts shall become immediately due and payable, without any further formality or additional notice.

The initially planned payment date shall constitute the starting point for calculating late-payment penalties. The rate of late-payment penalties shall be equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, increased by 30 percentage points. Late-payment penalties may be invoiced at any time without prior reminder from the Coach, in accordance with Article L441-6 of the French Commercial Code. In addition to these late-payment penalties, a fixed indemnity of 40 euros shall be charged to cover recovery costs. If the recovery costs incurred exceed this fixed indemnity, additional compensation corresponding to the justified expenses shall be claimed by the Coach.

The Client shall reimburse all costs incurred in the contentious recovery of the amounts due, including the fees of judicial officers or other legal auxiliaries.

3.5. Penalty Clause

By way of a penalty clause, in the event of a payment default rendering all outstanding amounts immediately due, the Client shall owe a fixed indemnity equal to 5% of the total remaining amount of the debt, without prejudice to late‑payment interest and any other rights or remedies available to the Coach.

ARTICLE 4 – TERM AND TERMINATION

4.1. Term

The Agreement is entered into for a period of one (1) month as from the date of the first scheduled session, and shall remain in force until all payments due under Article 3 have been made in full.

4.2. Termination

Once the sessions have been booked, the Client may not cancel this Agreement. No refund shall be owed to the Client under any circumstances following booking, regardless of whether the Client attends the sessions.

ARTICLE 5 – ASSIGNMENT OF THE AGREEMENT

This Agreement is entered into on a personal basis (intuitu personae) and may not be assigned, in whole or in part, whether for consideration or free of charge, by either Party without the prior written consent of the other Party.

ARTICLE 6 – INTELLECTUAL PROPERTY

The Coach retains full intellectual property rights, both moral and economic, over the Services she provides.

This Agreement does not entail any transfer of intellectual property rights to the Client.

No use by the Client of the intellectual property elements associated with the Services shall be construed as an implicit or tacit assignment of intellectual property rights.

ARTICLE 7 – PERSONAL DATA

7.1. Collection of Personal Data

The personal data collected are as follows:

Services

Use of the Services requires the collection of the Client's telephone number for communication via WhatsApp, and email address for the transmission of electronic invitations and Zoom links for the sessions.

Payment

As part of the payment for the Services offered by the Coach, billing and financial data relating to the Client’s bank account or credit card are recorded.

Cookies are used in connection with the use of the website. The Client may disable cookies through their browser settings.

7.2. Use of Personal Data

The personal data collected from Clients are intended to ensure the proper performance of the Services, their improvement, and the maintenance of a secure environment. More specifically, the data are used for the following purposes:

Access to and use of the Services by the Client;
Management and optimisation of the operation of the Services;
Organisation of the terms and conditions for the use of payment services;
Verification, identification, and authentication of the data transmitted by the Client;
Offering the Client the possibility to communicate with other Clients of the Services;
Provision of Client support;
Management of potential disputes with Clients;
Sending commercial and advertising information, according to the Client’s preferences.

7.3. Sharing of Personal Data with Third Parties

Personal data may be shared with third‑party companies in the following cases:

When the Client uses payment services, for the performance of the Services, the Coach works with third‑party banking and financial institutions with which she has entered into agreements;
When the Client authorises a third‑party website to access their data;
When the Coach uses third‑party service providers to deliver Client support, advertising, and payment services. These providers have limited access to the Client’s data solely for the performance of their services and are contractually required to use such data in compliance with the applicable personal data protection regulations;
Where required by law, the Coach may transmit data in order to respond to claims made against her and to comply with administrative or judicial procedures;
If the Coach is involved in a merger, acquisition, asset transfer, or insolvency proceeding, she may be required to transfer or share all or part of her assets, including personal data. In such a case, Clients will be informed before personal data are transferred to a third party.

7.4. Security and Confidentiality

The Coach implements organisational, technical, software-based, and physical measures relating to digital security in order to protect personal data from alteration, destruction, and unauthorised access. However, it should be noted that the internet is not a completely secure environment, and the Coach cannot guarantee the security of the transmission or storage of information over the internet.

7.5. Exercise of Clients’ Rights

In accordance with the applicable regulations on personal data, Clients have the following rights:

They may update or delete their personal data by writing to the following email address: alice@weareavocation.com . It should be noted that information shared with other Clients, such as forum posts, may remain visible even after the account is deleted;
They may exercise their right of access to obtain information about the personal data concerning them by writing to the following email address: alice@weareavocation.com. In such cases, before exercising this right, the Coach may request proof of the Client’s identity in order to verify its accuracy;
If the personal data held by the Coach are inaccurate, Clients may request that the information be updated by writing to the following email address: alice@weareavocation.com
Clients may request the deletion of their personal data, in accordance with applicable data‑protection laws, by writing to the following email address: alice@weareavocation.com

7.6. Amendment of this Clause

The Coach reserves the right to make any changes to this personal data protection clause at any time. Should any modification be made to this clause, the Coach undertakes to publish the updated version on her website. The Coach will also inform Clients of the modification by email at least 15 days before it takes effect. If the Client does not agree with the new wording of the personal data protection clause, they may delete their account.

ARTICLE 8 – FORCE MAJEURE

Neither Party shall be held liable, nor deemed to have breached this Agreement, if it is unable to fulfil any of its contractual obligations due to an event of force majeure within the meaning of Article 1218 of the French Civil Code, including but not limited to war, riots, fire, explosion, flooding, cyclone, earthquake, sabotage, terrorist attack, or any other event beyond its control and likely to compromise the performance of the Agreement.

If, due to an event of force majeure, the Client or the Coach is unable to fulfil one or more of their contractual obligations, the Parties shall consult with each other within fifteen (15) days of the occurrence of the force majeure event in order to adopt any measures they deem necessary to ensure proper performance of this Agreement or to decide on its termination

If the Parties fail to reach an agreement within two (2) months following the occurrence of the force majeure event, either Party may terminate this Agreement with immediate effect by sending a registered letter with acknowledgment of receipt.

ARTICLE 9 – MISCELLANEOUS PROVISIONS

This Agreement may only be amended by an addendum initiated by the Parties.

The invalidity of any clause of this Agreement, for any reason whatsoever, shall not affect the validity of the Agreement as a whole, and the Parties agree to negotiate in good faith replacement provisions.

ARTICLE 10 – DISPUTES AND APPLICABLE LAW

This Agreement is governed by French law and falls under the jurisdiction of the competent French courts.

Any dispute between the Parties arising from the interpretation or performance of this Agreement shall first be subject to an attempt at amicable resolution.

If the disagreement persists, the dispute shall be submitted to the competent French court.

ARTICLE 11 – REVIEWS

The Client agrees that their experience may be shared in order to help promote the approach, quality, and value of the Services provided.

To this end, the Client authorises the Service Provider to request and publish reviews, feedback, or testimonials, including on social media, the website, or any communication medium, as part of a process of sharing and transmission.

Such publications shall be made in compliance with confidentiality requirements, unless otherwise agreed, and without identifying the Client by name.

The Client may, at any time, request the modification or removal of any content relating to them by submitting a simple written request.