Terms Of Service

KEN KILDAY'S TERMS OF AWESOME.

Most "terms" and "policy" documents are written by lawyers and feature impenetrable jargon with the overarching concern of CYA nit-pickery. They're not necessarily a raw deal for you as the customer, but they're not terribly interesting or useful, either.

These Terms of Awesome are for YOU: the terms that you can expect and demand as a client of Ken Kilday, LLC ('Ken' or ‘Ken Kilday’). They have NOT been run through a legal team and are not meant to hold up in a court of law. Rather, they are meant to hold up in life-as-actually-lived: these are largely an account of my leadership principles, and I figure I may as well publicly document these practices.

Stated here and now in this very public way, THIS is what you can count on as a client of Ken Kilday:

Every person considering Executive Business Coaching, Team Effectiveness, Consulting, or Public Speaking gets the first hour free. Many have a sense that they would like a partner in their process to seek answers, become aware and through that grow and develop.  This is the time to see 1) if I can serve you, 2) how I can serve you, and 3) if you want me to serve you.

You can add additional or change Service as needed.  The structure that I created is a starting point, not an absolute – know that we have an abundance of flexibility in how we design what will work for you and your organization, business unit, or company.  I believe in bundling when you are combining my Service.  If you are biting off more than will serve you best, I will say so.

You will be billed in advance for the term we agree. You are paying for a period in which we will work together in pursuit of specific goals you outline and perhaps additional goals that are uncovered.  As a starting point I generally recommend meeting weekly to keep momentum.  We can meet less frequently, or we can add check-ins as needed.  You have paid for a period, not a fixed number of sessions.  We can be flexible in deciding how you are served best.

If you have requests or suggestions on how Ken could serve you better, they will be heard and answered. If you have a question about the process, billing, or anything else, then speak up.  A key element of leadership is ‘going on the record’ whether that is compliment or concern.  I shall do my best to answer and address in succinct clarity.

If you need guidance and support in getting going with the platform and using it to its fullest, you will have it. It is my strongly held belief that tools serve the person and not the other way around.  The coaching software is designed to enhance our communication, provide structure, and track accountability.  I will not place metrics in the system for you – your commitment is first demonstrated by you placing the metric / timeframe / etc. in the system.  Appointments can be changed by either of us.  Don’t see the time or day you like?  Ask (text, email, or call).  I set up my calendar for ‘standard’ business hours and recognize that you may need something else – I’m open to that.

I take confidentiality seriously.  My intention is to serve you so well that you will 1) accomplish more than your goals reflect, 2) you inherently feel inspired by our work together, and 3) refer me to others I can serve that share your drive and mindset.  That said, I will not tell others we work together unless you have made it abundantly clear that you have made it public.  I certainly will not share our conversations with others.

If you want to put your account on hold but not be billed for it, you can ask for that favor and it will be granted. Life happens in a timeline not always of our choosing.  If we need to ‘hold’ until you have taken care of a serious matter (i.e. life, death, birth, illness) let’s talk about that.  Part of coaching is working through ‘busy’ and that doesn’t mean that we power through when a tsunami my hit.

You will be related to as a person, not a number. I founded my practice with a fervent belief that we are all better in business, and life in general, when we approach every single person with high expectation, deep compassion, and focus on strength.  You can expect that from me and I would be grateful to be held accountable to do so.

Ken Kilday, LLC dba New-Tough Leader Business Coaching TERMS OF SERVICE.

By signing up for Executive Coaching, Team Effectiveness, Consulting or Speaking Engagements (“Service") or any service of Ken Kilday LLC ("Ken Kilday" or "I/We"), or going beyond this website's homepage, you are agreeing to comply with and be bound by the following terms and conditions ("Terms of Service"). You must read, agree with and accept all of the terms and conditions contained in the Terms of Service before you may become a member of Ken Kilday, LLC.  If you do not agree to the Terms of Service, you should not use this Service or this website.

Ken Kilday may revise these Terms of Service at any time by updating this posting.  You should review these Terms of Service from time to time for any updates or changes that may affect you.   Any new features, tools or resources added to the current Service shall be subject to the Terms of Service.  Your continued use of the Service after any such changes shall constitute your consent to those changes.

ACCOUNT TERMS

You must be 18 years or older to use this Service.

You must be human.  Registration by "bots" or other automated methods is prohibited and those accounts will be terminated.

You must provide your legal full name, a valid email address, and any other information needed in order to complete the signup process.

Only one client may use a given client account.

Information that you provide as part of registration is subject to our Privacy Policy.  You are solely responsible for maintaining the confidentiality of your password.  Ken Kilday cannot and will not be liable for any loss or damage resulting from your failure to maintain the security of your account and password.  You may change your password at any time on your Account page.

You are responsible for all Content uploaded or created within the system and all activity that occurs under your account.

You must not transmit any worms, viruses or code of a destructive nature.

You may not use the Service for any illegal or unauthorized purpose, including but not limited to copyright laws.

PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS

New clients who sign up for an account will receive a free initial hour to determine suitability, during or after which users must contract for a set term to continue using the service.

The Service is billed in advance of the agreed upon term, usually month-to-month, six-month, and twelve months for coaching.  Other Service(s) are also paid in advance once the scope of engagement is agreed upon.  It is entirely non-refundable.  There will be no refunds or credits for partial terms of service and no refunds for upgrading/downgrading your service. In the spirit of fairness, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

When you add or change your Service, you will be invoiced.  For flexibility, I accept Checks, Venmo, PayPal, and credit cards.  All pertinent information will be in your emailed invoice. 

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for all Service are subject to change upon 30 days’ notice from Ken Kilday.  Such notice may be provided at any time by posting the changes to the Ken Kilday Site (KenKilday.com), as an announcement via email.

Ken Kilday reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice or explanation.

Ken Kilday shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason.

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Neither free sessions nor paid subscriptions to the Service include any expressed, implied or statutory warranty or condition.

We are only obligated to provide technical support to paying account holders. We will provide support to non-paying customers at my sole discretion.  Support is only available through email and text.

You understand that Ken Kilday uses third party vendors and hosting partners to provide the necessary hardware, software, networking, credit card processing, storage, and related technology required to run the Service.

You must not in any way modify, adapt or hack the Service or modify another website to falsely imply that it is associated with Ken Kilday, the Service or the company.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of Ken Kilday.

We claim no intellectual property rights over the material you provide to the Service.  Your profile, user-created content and uploaded materials remain yours.  

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Ken Kilday customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content but excluding credit card information, may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information will always be encrypted during transfer over networks.

We will not be liable for any files that are lost and/or corrupted (including, for example, from a system crash, security breach, or hard disk failure).

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not transmit or upload files containing any worms, Trojan horses, viruses or any code of a destructive nature.

Ken Kilday does not warrant any of the following:

the Service will meet your specific requirements,

features will be added or modified based on any customer requests,

the Service will be uninterrupted, timely, secure, or error-free,

the results that may be obtained from the use of the Service will be accurate or reliable,

the quality of any products, Service, information, or other material purchased or obtained by you through the Service will meet your expectations, and

any errors in the Service will be corrected.

You expressly understand and agree that Ken Kilday shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ken Kilday has been advised of the possibility of such damages), resulting from:

  • the use or the inability to use the Service;
  • the cost of procurement of substitute goods and Service resulting from any goods, data, information or Service purchased or obtained or messages received, or transactions entered through or from the Service;

unauthorized access to or alteration of your transmissions or data;

statements or conduct of any third party on the Service;

or any other matter relating to the Service.

The failure of Ken Kilday to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.  The Terms of Service constitutes the entire agreement between you and Ken Kilday and govern your use of the Service, superseding any prior agreements between you and Ken Kilday (including, but not limited to, any prior versions of the Terms of Service).

FURTHER INQUIRIES

For more information about Ken Kilday, you may check out our site at KenKilday.com. If you still have a question, please contact us at Ken@KenKilday.com.

Founder, Ken Kilday


Copyright © 2019 Ken Kilday, LLC dba New-Tough Leader Business Coaching - All Rights Reserved.

New-Tough Leader Business Coaching