PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
1. Scope of application
1.1 The following Terms of Service set forth the individual terms and conditions for the use of the Creator Mentorship Program (hereinafter the "PROGRAM") applicable at the time of conclusion of the contract.
1.2 We do not recognize any terms and conditions that conflict with or deviate from these Terms of Service, unless we have expressly agreed to their validity. Contractual performance acts shall not be deemed to be consent to contractual terms and conditions deviating from these Terms of Service.
2. Contract Partner
Upon successful conclusion of the contract according to point 3., you enter a contract with:
heyDominik International LLC
Shams Media City,
Sharjah
United Arab Emirates
e-mail address: [email protected]
(hereinafter the “COMPANY”)
3. Conclusion of the contract
3.1 The participant (hereinafter the “CLIENT”) must fill in the appropriate form for the PROGRAM, where he also has to give his contact details and billing address. At the same time the payment for the PROGRAM must be made. Only after the form has been successfully sent and the payment has been received, the CLIENT will receive a confirmation e-mail from the COMPANY and the contract is effectively concluded.
3.2 By submitting the form, you accept these Terms of Service as solely applicable to the legal relationship with the COMPANY.
3.3 If the contract is not concluded via the COMPANY’s website, but via a written contract, the contract shall be concluded upon mutual signature. Also, in this case the CLIENT will receive a confirmation e-mail after payment.
4. Service Description
4.1 After receiving the confirmation e-mail, the CLIENT will be given further information about the PROGRAM and access to a calendar. In this calendar the CLIENT can choose a date when the first live call (so called "assessment call") will take place.
4.2 In this assessment call, the wishes and goals of the CLIENT will be discussed. Based on those wishes and goals, Dominik personally and his team will then create a 5-months social media strategy. We would like to point out that this strategy is individually and varies depending on the declared wishes of the CLIENT. Therefore, the strategy corresponds to the individual mentorship process for each CLIENT.
4.3 Among other things, worksheets, tutorials, and so on are used, which are developed together with the coach.
4.4 Furthermore, the CLIENT will receive access to the COMPANY's platform, which actively seeks synergies between its members in order to actively support collaborations. To access the platform of the PROGRAM it is necessary to enter the name of the CLIENT and his/her e-mail address.
4.5 The CLIENT also receives its own personal coach, who serves as a contact person and helps to implement the goals of the strategy, due to logistic reasons. The personal coach is available for the CLIENT daily via WhatsApp Messenger, with a maximum response time of 48h in exceptional cases. Dominik personally is in regular exchange with the CLIENT's personal coach during the PROGRAM. Furthermore, 1 on 1 live calls with the personal coach can be booked as needed. The clie
4.6 In addition, there will take place live calls with Dominik and all the participants of the PROGRAM. In those live calls the CLIENT has the possibility to ask questions.
4.7 Group Mentorship:
In addition to the 1:1, 5-months mentorship program, you can also choose a 10 weeks immersive Cohort creator mentorship program which include:
- 60min personal strategy session with Dominik
- Weekly group live sessions with Dominik covering all the ins-and-outs of growing a highly engaged IG/TikTok/YT
- Weekly Q&As and deep dives with Dominik or his team of hand crafted coaches
- Access to our online platform with worksheets and resources
- Weekly tasks & feedback
- Community platform to network with likeminded creators, get feedback, weekly Reels Trends, content ideas, algorithm updates etc.
- Lifetime access to all the training sessions, Q&As and Resources
- 1:1 End Feedback Strategy Session
5. Goals of the Creator Mentorship Program
Through the PROGRAM, the CLIENT shall receive the following benefits:
– clear roadmap for your personal brand, whether for yourself or for your company
– concrete social-media strategy
– gain more followers and in general more reach
6. Terms of payment
6.1 In order to pay for the PROGRAM, the CLIENT has the choice between payment of the entire price or payment in installments. The CLIENT can pay by credit card, paypal or bank transfer.
6.2 In the event that the CLIENT has not chosen payment by installments, the CLIENT shall pay the amount for the entire price immediately. In the event that the CLIENT has opted for payment by installments, the CLIENT shall also pay the first installment immediately.
6.3 If it becomes apparent that the CLIENT does not have the required means of payment, that in principle is only possible when choosing payment by installments, the CLIENT shall immediately inform the COMPANY thereof. Otherwise, the
amount must be paid immediately. If the CLIENT does not pay in case of payment of the entire price immediately, no contract with the COMPANY is concluded.
6.4 The COMPANY reserves the right to cancel the contract with the CLIENT or to deny and block the access to the PROGRAM in case of late payment.
6.5 Furthermore, the COMPANY shall have the right to claim statutory default interest.
6.6 In addition, the CLIENT agrees to reimburse the COMPANY for any dunning and collection costs incurred by the COMPANY in the event of late payment, to the extent that such costs are necessary for appropriate legal action.
6.7 Furthermore, the CLIENT shall be responsible for the payment of all taxes, duties and other fees in connection with this contract.
7. Right of Withdrawl / Refund
7.1 The CLIENT may withdraw from the contract until the actual performance of the service, accordingly until the assessment call. The CLIENT thereby loses his place in the PROGRAM. He will receive a refund of the payments he has made to that date, with credit for the benefits he has received to that date.
7.2 After the start of the service, however, a refund is excluded. The COMPANY tries to inform about the PROGRAM to the best of its knowledge and belief in order to assist the CLIENT in deciding whether the PROGRAM is the right one.
8. CLIENT’s Obligations
8.1 The CLIENT is obliged not to provide false information when filling out the form for the PROGRAM, which is a prerequisite for the conclusion of the contract. Furthermore, the CLIENT is required to regularly check its data for accuracy and to amend it accordingly to the COMPANY via e-mail.
8.2 The CLIENT is prohibited from unreasonably loading, disrupting, or otherwise interfering with the server on which the PROGRAM or the corresponding website, or any related membership site is hosted. Unauthorized access to the PROGRAM (such as account sharing) is also strictly prohibited.
8.3 For the provided texts, graphics, diagrams, pictures, videos, etc. (hereinafter the "CONTENT") by you as the CLIENT in connection with the PROGRAM, you shall be fully liable under indemnification and hold harmless of the COMPANY. The CLIENT shall not provide any CONTENT that is contrary to the COMPANY's purposes by, for example
– contain criminal, pornographic, offensive, inflammatory or discriminatory content; or
– contain malicious software, including but not limited to viruses or other files that could harm the COMPANY; or
– violate any applicable law, including but not limited to intellectual property rights, fair dealing rights and personal rights of third parties.
8.4 The CLIENT shall respect the rights of third parties when using the COMPANY'S PROGRAM. No third-party rights (copyrights, trademark rights, patent rights, design rights, image rights, as well as data protection rights and other rights) may be infringed, this includes the rights of the other participants of the PROGRAM. If the CLIENT nevertheless uses third-party content, the CLIENT shall fully indemnify and hold harmless the COMPANY and shall immediately notify the COMPANY of any claims asserted against it for this reason.
8.5 It is clerified that the use of all CONTENTS and in general of the PROGRAM may be made exclusively for business and professional purposes.
8.6 The CLIENT is prohibited from using the COMPANY's trademark or its name for social media, domain, etc., whether indirectly or directly, in any way. If the CLIENT violates this provision, the CLIENT shall do everything necessary to stop the dissemination of such trademark or name and, if possible, shall cause it to be deleted.
8.7 The CLIENT has to cooperate with his/her personal coach, Dominik and in general the whole team of the COMPANY in all matters in connection with the PROGRAM.
8.8 In particular, the CLIENT is not allowed to use the PROGRAM or materials and documents from the PROGRAM for purposes other than those agreed upon or contractual purposes. The CLIENT is also prohibited from competing or attempting to compete with the COMPANY's business, either directly or indirectly. Furthermore the CLIENT agrees not to solicit, induce, or attempt to induce any employee, consultant, contractor, or other clients
For the purposes of this clause, "competing" is defined as offering or engaging in similar or identical services or products within the same market or demographic or interest group.
In the event of a breach of this non-solicitation clause by the CLIENT, the CLIENT shall be liable to the COMPANY for a penalty amounting to $85,000 (eightyfivethousand US dollars). This penalty is established as a reasonable pre-estimate of the damages likely to be suffered by the COMPANY due to the CLIENT's breach.
8.9 Not only in the case of point 6.4, but the COMPANY further reserves the right to revoke the access to the PROGRAM in case of violation of point 8. Access may also be blocked by the COMPANY only temporarily; in any case, this shall be at the COMPANY's discretion.
9. Failure of a unit of the PROGRAM
9.1 Should the CLIENT, for whatever reason, not be able to attend a session of the PROGRAM, he/she must inform the COMPANY, first of all his/her personal coach, as soon as possible. At the latest one day before the agreed session would take place.
9.2 The COMPANY shall not be liable under any circumstances for any failure to meet deadlines and their consequences attributable to the CLIENT's sphere of influence.
9.3 If the COMPANY, namely Dominik or the CLIENT's Personal Coach or a member of his team, is unable to keep an appointment with the CLIENT, the COMPANY shall also notify the CLIENT immediately. For appointments not kept, an alternative appointment will be arranged in consultation with the CLIENT.
9.4 However, the CLIENT does not have the possibility to reduce his payments already made or installments yet to be made. The CLIENT will remain responsible for paying the fess/installments on time.
10. Rights of Use
10.1 The COMPANY grants the CLIENT a limited, personal, non-exclusive, non-transferable, non-sublicensable right to use all of the COMPANY's CONTENT necessary to access and use the PROGRAM.
10.2 Otherwise, no further rights of any kind whatsoever, in particular to the COMPANY’s name and to industrial property rights such as patents, utility models or trademarks, shall be granted to the CLIENT (without an express written declaration of consent on the part of the COMPANY).
11. Warranty and Liability (General)
11.1 The COMPANY does not assume any liability whatsoever for the information or content provided within the PROGRAM, in particular for their accuracy, completeness or timeliness.
11.2 In any case, the COMPANY is not obliged to monitor the data, contributions and contents transmitted by the CLIENTS or to check their accuracy, completeness or timeliness.
11.3 The COMPANY does not guarantee the permanent availability of the PROGRAM or the corresponding website. Even if the greatest possible care is taken, downtimes of the PROGRAM or the corresponding website can unfortunately not be excluded. In the event of limited availability of the PROGRAM or the corresponding website offered due to malfunctions of the server connection, server failure, defects in the power supply or other technical defects, the COMPANY cannot be held liable.
11.4 In the case of the point 5., there is no guarantee for any kind of success of the CLIENT, it is a mere due diligence obligation. It depends on the CLIENT to what extent he is willing to cooperate in the PROGRAM and implement the contents of the PROGRAM. Any decisions made by the CLIENT in relation to its business are the responsibility of the CLIENT.
11.5 Claims for damages or reimbursement of expenses, regardless of the legal basis, as well as claims for recourse, regardless of the legal basis, are excluded, unless the circumstances causing the damage/recourse were caused by intent or gross negligence on the part of the COMPANY. The burden of proof that the COMPANY acted with gross negligence or intent shall be on the CLIENT. Excluded from this are personal injuries, for which the COMPANY is already liable in case of slight negligence. In any case, compensation for indirect and consequential damages as well as for mere financial losses, consequential damages and lost profits shall be excluded.
11.6 Insofar as liability on our part exists on the merits in accordance with the above provisions, we shall only be liable for the amount of damages typically foreseeable at the time of conclusion of the contract, but in any case limited to the amount of the average damage typical for the contract.
11.7 Any further liability of the COMPANY, regardless of the legal reason, is excluded. In particular, liability due to force majeure (war, natural disasters, labour disputes, governmental measures, etc.) is excluded for both parties for as long as these conditions last.
12. Data protection / Cookies / Hyperlinks
12.1 We are obliged to comply with the provisions of the Data Protection Act (DSG), the General Data Protection Regulation (DSGVO) as well as any other statutory confidentiality obligations.
12.2 The personal data are required for the purpose of the fulfillment of the contract. The detailed data protection information (data protection notice) can be found on our website at: https://go.igblackfile.com/pages/privacy-policy
12.3 The CLIENT acknowledges that the COMPANY collects cookies to the extent necessary.
12.4 The PROGRAM or the corresponding website may contain hyperlinks to third party websites. It is pointed out that when using these services of third party providers, the respective Terms of Service of the third party providers may apply, over which the COMPANY has no influence.
12.5 In noway, therefore, shall the COMPANY be liable in this context, in particular for the accuracy of the information or data provided by the third party provider or for any content accessed via hyperlinks. The use of the links is at the CLIENT's own risk.
13. Applicable Law / Class Action Waiver
13.1 All disputes arising out of or in connection with these Terms of Service shall be resolved individually and shall be governed by the laws of the United Arab Emirates.
13.2 The exclusive place of jurisdiction shall be the court with subject-matter jurisdiction at the registered office of the COMPANY. For lawsuits against consumers, the respective valid legal regulation shall apply.
13.3 The waiver of class actions shall be deemed to have been agreed upon.
14. Final Provisions
14.1 The headings of the provisions contained in these Terms of Service are for convenience and arrangement only; they shall not be used for interpretation.
14.2 The COMPANY reserves the right to change, delete or add the information of these Terms of Service or the contents of the PROGRAM at any time without prior notice, as well as to discontinue the PROGRAM altogether.
14.3 All agreements, amendments, supplements, undertakings, collateral agreements must be in writing in order to be legally effective; oral agreements shall be invalid.
14.4 Should individual provisions of these Terms of Service be or become invalid in whole or in part, all other provisions of these Terms of Service shall remain valid. The invalid provision shall be replaced by another provision which is valid and which comes closest to the invalid provision in terms of content and purpose.
14.5 The assignment of individual rights and obligations under these Terms of Service shall only be permitted with our express written consent.