Terms of Service
1. General provisions
1.1. These Terms of Service (hereinafter — the "Terms", "Offer") govern the relations between Danylo Kamyshan, acting as a natural person and resident of Japan (hereinafter — the "Service Provider"), and users (hereinafter — the "Client", "User") purchasing the Service Provider's services. Information about the services, the terms and the Service Provider's details is published on the website https://pay.danielviktorovich.com/ (the "Website").
1.2. Acceptance of the Offer is performed by the Client in one of the following ways:
- payment for services via an individual payment link sent by the Service Provider to the Client, or by another method agreed with the Client;
- signing of an individual agreement with the Service Provider (in this case, the terms of the individual agreement prevail over these Terms);
- explicit consent to these Terms in correspondence with the Service Provider.
1.3. The Service Provider's requisites are published in the Commerce Disclosure (特定商取引法に基づく表記) document on the Service Provider's website.
1.4. The role of the Website and how services are purchased. The Website is informational: it publishes the description of the services, the terms, the Service Provider's details and these legal documents. No orders are placed and no payments are made on the Website — it has neither a basket nor a payment form.
Services are purchased as follows:
- the Client books a free strategy call (on a separate website, whose address is given on the Website);
- during the call, the scope of work and the price for the Client's particular case are agreed;
- the Service Provider sends the Client an individual agreement and a personal payment link;
- the Client pays via that link and signs the agreement.
The price is set individually; the base price is published on the Website. Payment is made in advance (Section 3), and services begin as provided in clause 3.6.
1.5. Payment Provider. In these Terms and in the related documents (Refund & Cancellation Policy, Privacy Policy, Commerce Disclosure), “Payment Provider” means any payment system, payment gateway or other financial intermediary through which the Service Provider accepts payment. The current list of accepted payment methods is set out in clause 3.4.
2. Services
2.1. The Service Provider provides the Client with services of individual transformational coaching and consulting in an online format (video sessions, individual programmes, educational materials).
2.2. Category and qualification of services. The services:
- are not medical aid or a medical service;
- are not psychotherapy or psychiatric care;
- do not replace consultation with a licensed medical specialist.
2.3. The specific list, format, and cost of services are determined on the Service Provider's website or in individual correspondence/agreement before payment.
3. Payment procedure
3.1. Payment for services is made in advance via a Payment Provider (clause 1.5) or by another method agreed with the Client.
3.2. The currency of payment is determined on the website at the time of payment or in the individual agreement.
3.3. All transfer commissions are paid by the Client, unless expressly stated otherwise.
3.4. Accepted payment methods.
- Bank card via the Stripe payment gateway
- PayPal
- International payment systems: Wise, Revolut and equivalents
- Bank transfer (SWIFT)
- Cryptocurrency: USDT (TRC-20 / ERC-20 / TON networks)
- Other methods may be agreed separately with the Client
The Service Provider may amend this list. An amendment takes effect upon publication on the website and does not affect payments already made — those remain governed by the list in force on the date of payment.
3.5. Types of payment. The Service Provider accepts three types of payment, which differ in what they are payment for:
- 3.5.1. Reservation of a place (reservation fee). The subject of this payment is holding a place for the Client in the Service Provider's schedule for 14 (fourteen) calendar days. A reservation fee is not payment for sessions, does not entitle the Client to demand that sessions be held, and does not create an obligation for the Service Provider to begin providing services. If an individual agreement is concluded within the reservation period, the reservation fee is credited towards the price of the programme.
- 3.5.2. Advance payment (part payment). A payment towards the price of the programme, made before it begins. The manner of crediting and the balance payable are determined by the individual agreement.
- 3.5.3. Full payment. Payment of the full price of the programme.
The type of payment is stated when it is made. If the type is not expressly stated, the payment is treated as an advance payment (clause 3.5.2).
3.6. Payment and the obligation to provide services. Making any of the payments described in clause 3.5 does not in itself create an obligation for the Service Provider to begin providing services. That obligation arises only when all of the following conditions are met together:
- an individual agreement has been signed between the Client and the Service Provider;
- the Client has completed the preliminary assessment questionnaire and disclosed their state of health to the extent required by the agreement;
- the date of the first session has been agreed.
3.7. The Service Provider's right not to conclude an agreement. Until the conditions listed in clause 3.6 are met, the Service Provider may decline to conclude an individual agreement — in particular where the strategy call or the questionnaire reveals contraindications, or where the Client's case requires a specialist of a different qualification (clause 2.2). In such a case the full amount received is returned to the Client in full and without deductions.
3.8. The procedure and time limits for refunding each type of payment are set out in the Refund & Cancellation Policy.
4. Refunds and cancellations
Refunds and cancellations are governed by a separate public Refund & Cancellation Policy published on the Service Provider's website at https://pay.danielviktorovich.com/legal/refund-policy and constituting an integral part of this Offer.
Brief summary:
- Before the start of services — full refund less Payment Provider commissions.
- After the start of services via a Payment Provider — refunds are not made (except for technical errors, impossibility of providing services due to the fault of the Service Provider, and cases where the law of the consumer Client's country of residence preserves a right of withdrawal — see clause 2.7 of the Refund Policy).
- With an individual agreement in place, an extended refund guarantee is possible if the agreed Goal is not achieved; such refunds are paid through an alternative channel and are not connected with payment-dispute procedures.
4.1. What governs refunds at each stage. Before an individual agreement is concluded, refunds are governed by the Refund Policy (reservation fee, declining to conclude the agreement). Once the individual agreement is concluded, the grounds, amount, deadlines and channel of any refund are governed by that agreement; the Client receives its full text before signing and before paying for the programme, and may request a further copy at legal@danielviktorovich.com. How the Policy, the agreement and payment-dispute procedures relate to one another is set out in Section 4-bis of the Refund Policy.
5. Rights and obligations of the Parties
5.1. The Service Provider undertakes to:
- provide services of proper quality within the agreed deadlines;
- maintain the confidentiality of information received from the Client;
- inform the Client of the conditions ensuring the effectiveness of the work.
5.2. The Client undertakes to:
- provide reliable data upon registration and payment;
- maintain confidentiality and not transfer working materials to third parties without the Service Provider's consent;
- conscientiously participate in the work and follow recommendations (under an individual agreement, this is a material condition for activating the guarantee).
6. Liability
6.1. The Service Provider does not guarantee specific financial, medical, or personal results from the services — except as expressly provided in an individual agreement with the Client and the measurable criteria in its Annex No. 1.
6.2. The Client bears full responsibility for the Client's decisions, actions, and their consequences after the services.
6.3. The aggregate amount of the Service Provider's liability is limited to the cost of services actually paid by the Client.
7. Personal data processing
The Client's personal data is processed in accordance with the Privacy Policy published on the Service Provider's website at https://pay.danielviktorovich.com/legal/privacy-policy.
8. Governing law and dispute resolution
8.1. The governing law is the laws of Japan.
8.2. Disputes not resolved through pre-arbitration negotiations are resolved in accordance with the Rules of the Japan Commercial Arbitration Association (JCAA) or as provided for in an individual agreement with the Client.
9. Final provisions
9.1. This Offer is public and enters into force from the moment of the Client's acceptance (clause 1.2).
9.2. The Service Provider is entitled to amend the Terms by publishing the current version on the website. Amendments do not have retroactive effect for services paid for before the publication of the amendments.
9.3. In the event of a conflict between this Offer and an individual agreement with the Client, the individual agreement prevails.