Heartmade Workspace

Program Terms & Conditions

Our core ethos for the Heartmade Workspace is to help you focus and stay committed to your goals so you can achieve them in 12 weeks. This document details from the outset the way in which we will deliver our services to you. If you are planning to join the Heartmade Workspace, (“the Program”) then you must read these terms and conditions in full prior to purchasing.

 

  1. Program Terms & Conditions (‘Terms’): Key Details

These Terms cannot be varied and in proceeding to purchase the Program you will be deemed to have accepted these Terms. The Terms set out below apply to the services offered by Clàudia Orengo from heartmade.es. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Clàudia Orengo from heartmade.es (“I”, “me”, “my”, “mine”, “we”, “our” or “us”) provide services to you, as purchaser of the Program. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract. 

Please be aware that we may update these Terms at any time. Your continued use of the Program indicates your acceptance of the terms and agreement to any changes. 

 

  1. Program Outline

Heartmade Workspace is a Program for those who are struggling with achieving their business goals and need accountability, guidance and support to reach them. the Program is a 12 week commitment where you can get regular support and guidance. 

 

  1. Eligibility 

This Program is suitable for those who are:

  • People who are either beginning on their journey or already started.
  • Those who are committed to dedicate time to this, and understand it’s on their hands to achieve their goals.
  • In any case, it’s important that you don’t join this Program expecting it to become your financial solution. You must understand we can offer guidance and support, but never predict or assure sales or income. That’s the goal, but not a promised result from joining the Program.
  • You also understand you’ll be responsible of your work. By joining this program you won’t get a VA or people working for you. It’s on your hands to decide if you want to do it all by yourself or outsource some tasks, but none are included in the Program.

 

  1. Program Specifics

There are six elements to the Program: 

  1. 1:1 Goal Setting Call
  2. Weekly Q&As
  3. Weekly Coworking Sessions
  4. Tech and Design support
  5. Weekly Check-ins
  6. Reward

 

1:1 Goal Setting Call

This should be the first step in the Program and must be booked by You as soon as possible. It will be a 40 minute call in which we’ll discuss your priorities, mid-term goals, and identify the best project/s to focus on. 

By the end of the call we’ll both have clarity on your goal commitments.

I will send you a summary of what we talked about and give you a starting point with milestones and task suggestions, but it will be on your hands to decide how to organize your workflow.

This call may be recorded if you chose so. You are responsible of the storage of that recording. If I recorded on my cloud, it may be deleted 7 days after sending you a copy.

 

Weekly Q&As

These sessions will be led by Clàudia Orengo from heartmade.es on Zoom.

They will be recorded and you’ll get access to a copy in the Program platform. Replays will be available for the lifetime of the Program and only visible to those who joined that Program round, but not previous nor future rounds.

 

Weekly Coworking Sessions

These live sessions will be on Zoom, and we’ll apply the Pomodoro Technique to help you focus and be productive. 

These sessions will not be recorded.

 

Tech and Design Support

When you need it, you may ask for my feedback on any design piece you are working on for your Program goals. I may share your feedback on the Q&A call or privately through Voxer, email or similar contact platforms.

If necessary, I may record a video for you.

This feedback is private to you and may be visible to other people in the group if it may benefit them, but will never be shared publicly without your permission.

Same rules apply to tech support.

You may fill the proper forms to request that feedback and understand I may not answer immediately. 

 

Weekly Check-ins

You will receive an email every Friday asking you about your progress. You’ll be requested to fill a short form and it will populate your answers into a virtual private diary. 

The diary will only be visible for you when logged in with your username inside heartmade.es and Clàudia to review your answers. 

Clàudia will be able to view all the participants’ answers at any time, during and after the Program dates. Access will be private through a password protected page. Please do not share sensitive data or your password with anyone else.

You commit to only use this feature during your time as a member of the Program, and stop using it if the Program ends or you decide to not renew.

 

Reward

If you complete the agreed goals by the deadline, Clàudia will pay you $50. You will have to proof the deliveries with links, screenshots or similar.

You will be able to choose if you want the $50 reward to be applied as a discount on the next round of the Program, keep a voucher to use in the next 365 days, or receive a Paypal payment. 

You are responsible for any fees from Paypal payments.

The reward must be requested as soon as possible. You won’t be able to request your reward 6 months after the end of the Program round, even if you sent proof of your deliverables before the deadline. 

 

Other Features

We may create a Voxer channel for you all to chat and share your progress at any time. This is not extra support from me. I’ll manage the admin side of the group but won’t be actively responding.

It’s not part of the Program to include community besides the Weekly Calls. In the event of having this private chat group, it will be for you as participants to use without expecting Clàudia to be available.

 

  1. Behaviour

It is requested that at all times your behaviour towards others is polite and respectful. Should your behaviour be deemed offensive or inappropriate we reserve the right to remove you from the Program with immediate effect and without refunding your payment. 

Each person is responsible for their own behaviour and we will not be held responsible for the behaviour or actions of any other Members.

 

  1. Program Fees and Payment Terms

The cost of the Program is set at the time you enroll and is exclusive of taxes. On subscription you will agree to pay in full or choose a payment plan via Stripe or Paypal.

The Program is not an ongoing monthly subscription. If choosing the payment plan, payment will be taken on the same day each month. You can’t cancel a payment plan, by joining this Program you agree to complete your payments as requested.

We reserve the right to change the content and delivery of the services within the Program and the associated price point at any time. Should we do this we will provide advance notice so that you can decide whether to consider your renewal. 

 

  1. Refunds and Cancellation 

It is our aim that you will be completely happy with the Program. However, as you have instant access to the Program resources you will not be entitled to a refund of your fees should you join and then wish to leave. Please consider the detail of the Program carefully before purchasing and get in touch to ask any questions about suitability. You will not be entitled to a refund if you change your mind. Your statutory refund rights are not affected. 

Should you wish to stop participating on the Program you can do it at any time, but if you chose a payment plan your payments must continue going through no matter your decision. 

We reserve all rights to cancel the programme for any reason without prior notice. In such circumstances a refund will be provided for the remainder of the Program as applicable. 

Notwithstanding any right or remedy available to us, we may cancel your Program with immediate effect:

  • If you fail to pay your Program fees by the relevant due date;
  • If you commit a repudiatory breach of the Terms of this agreement; 
  • As decided at our sole discretion from time to time

 

  1. Contact and Schedule

It is the intention that the Program will run continuously and that any training material and live sessions will be provided as set out above. Should an unforeseen reason arise which cause a session(s) to be postponed they will be re-arranged as soon as possible. 

Throughout the Program we will be available by email at claudia@heartmade.es or through direct message on Voxer.

You may see us post on social media outside of our core hours. Not all of these posts are live and some will be pre-scheduled. We are passionate about supporting everyone in the Program and where we can we may respond to you out of hours but we make no guarantees that this will always be possible.

 

  1. Disclaimers

We make no guarantees or claims as to the success of any member. Each individual is unique and their abilities are unique to them. The aim is that you find inspiration, motivation and accountability to work on your goals and achieve them, although that’s out of our control.

All training, tips and opinions provided will be general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information within the Program.

We ask that all members in the Program respect the rights of others in respect of their behaviour and privacy. We will not be responsible for the action of any members including for any disclosures made by any members based on information which has been shared within the Program. 

 

  1. Limitation of Liability and Indemnification

To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Program. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).

If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Program, our liability shall in no event exceed the total of any fees with respect to the Program received by us from you, during the current 12 week round preceding the date on which the claim arose.

Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law. 

You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.

 

  1. Privacy and Confidentiality

Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date, at the time of registration, and on an on-going basis thereafter. 

Your personal data is protected as set out in our privacy policy which can be found here: https://www.heartmade.es/privacy-policy/. By providing your personal data you agree to the terms of our privacy policy. 

During the course of the Program you may have access to confidential information, in particular the personal affairs of other members. In accepting these Terms, you agree that you will not use or disclose to any person, organisation or company, and shall use your best endeavours to prevent the publication of any confidential information relating to any other member.  

You accept that any unauthorised disclosure of personal or confidential information belonging to another may amount to immediate dismissal from the Program. Should you decide to leave the Program then you remain bound by the confidentiality and privacy obligations.

Please be aware that some training sessions may be recorded and your name and image/video may be captured. The recordings of the training will be kept and made available to others in the Program. If you provide or share any information within these sessions about yourself or your business that information will be shared within the group. Should you not wish to be recorded please ensure that if you attend any training your camera is switched off and your name field is changed to “Attendee” with your initials so that support can still be offered but no personal identifiable information will be captured. 

Your log-in details must remain confidential, and you must not disclose this information to a third party, without our express permission in writing. If you know, or suspect, that your log-in details have been obtained by a third party, you agree to change your password immediately, and provide notification of the same as soon as possible to claudia@heartmade.es.

 

  1. Intellectual Property 

During your time as a Member you may be provided with templates, swipe-copy, briefings and online trainings. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials to create your own projects but you are not permitted to sell, republish,  distribute for free or in any kind of exchange, nor provide copies to third parties. We retain and reserve all of our copyrights.

 

  1. Non-Compete 

You agree that whilst in Program, and for a period of 1 year following termination or cancellation of your Program, you shall not use what you’ve learned inside to create a competing Program or trainings teaching the knowledge learned in the Program.

In any case, you agree to never create a replica of the Heartmade Workspace, meaning that even if 1 year after canceling you decide to start your own Program, it will include different features and will be a unique new creation, not a copy of this Program.

In addition, you shall not elicit or entice away any current or potential members by sending “Friend Requests” or otherwise targeting them. In other words, you agree not to become involved in any capacity with any business concern which is in, or tends to be in, direct competition with us.

 

  1. Waiver 

In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.

 

  1. Errors and Inaccuracies

There may be information within our Site or the Program which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of the Program. We reserve the right to correct or amend any errors without prior notice.

 

  1. Jurisdiction 

These Terms are governed by the laws of Spain. The Spanish Courts have exclusive jurisdiction over any matter and proceedings arising out of the Program.

 

  1. Complaints 

It is our aim that you are completely satisfied with the Program. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service. If you have a complaint about the Program this should be made in writing to Clàudia Orengo at claudia@heartmade.es.

 

  1. General

We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of the Program. These written Terms shall constitute the entire agreement between us.

Should there be any conflict between these Terms and any Program hosting platform or payment gateway, these Terms shall prevail. 

If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of your service. Any changes will be notified to you as soon as possible.

 

Frequently Asked Questions

  • What happens if I can’t make a live session?

As far as possible, they will be recorded and the link to watch will be uploaded within 48 hours following the end of a live session (excluding coworking sessions). From time-to-time technology may fail and the recording may be unavailable or of poor visual or sound quality, but we do aim to record all live sessions. For the avoidance of doubt, there will be no refunds available for any missed sessions.

  • What if I need additional support?

Additional support can be offered to each member in the form of 1:1 support or guidance. We are happy to support you as required, please contact us directly, additional charges will apply.

  • What if I am ill during the Program?

If you are ill or unable to attend a live session for any reason you will be able to watch the recording of that session. If you are ill for an extended period, please let us know and we will support you wherever we can.