Terms of Service

Last Updated: May 21, 2025

By accessing, browsing, or purchasing from the website https://thekoicollective.com (the "Site"), or by purchasing any service or product offered by The Koi Collective ("Company," "we," "us," or "our"), you agree to be legally bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using the Site or purchasing our services.

1. Binding Contractual Agreement (Stripe & Checkout)

These Terms constitute a legally binding agreement between you (the "Client" or "User") and The Koi Collective. If you are purchasing a service, consulting package, or digital product via a secure third-party checkout platform (such as Stripe), checking the "I agree to the Terms of Service" box and completing your payment constitutes your formal digital signature. This acts as a fully enforceable service contract in lieu of a standalone written agreement.

2. Services Offered & Scope of Work

The Koi Collective provides consulting, operational strategy, digital resources, process mapping, SOP creation, and operational support for business owners seeking intentional and sustainable growth.

  • Scope of Services: The specific deliverables, milestones, and timelines for your project will be defined in the product description at checkout, an invoice, or an accompanying project proposal.

  • Scope Changes: Any additional services or changes to the agreed-upon scope of work must be requested and agreed to in writing (via email or Slack) and may result in an adjustment of fees or timelines.

3. Client Responsibility, Bandwidth, & Timeline Impact

  • Active Commitment: By purchasing our services, you represent that you have the necessary bandwidth, time, and resources to actively engage in the consulting and operational process. The success of our engagement relies on your active collaboration.

  • Material Requests & Approvals: To ensure the timely and effective completion of services, the Client must provide all requested materials, business information, tool access, and approvals in a timely manner.

  • Delays & Rescheduling Fees: Any delays by the Client in providing necessary materials or feedback will impact the overall project timeline. The Company cannot be held liable for resulting timeline extensions, missed deadlines, or additional costs. In the case of extensive Client-caused delays, the Company reserves the right to adjust the project timeline or charge a rescheduling fee to account for the reserved time and resources. Any additional fees will be discussed in advance.

  • Review and Revisions: To ensure alignment with the Client’s vision, major project deliverables will undergo a structured review and approval process as outlined during project kickoff.

4. Payment, Billing, & Refund Policy

  • Payment Terms: Payments must be made through Stripe or another secure third-party platform authorized by the Company at the time of purchase, unless otherwise stated in a written agreement.

  • Fulfillment & Service Delivery: Most standard consulting or onboarding processes begin within 1–3 business days following a successful purchase. Specific delivery timelines will be shared via email or outlined in your project onboarding documentation.

  • Late Payments & Work Pause: For recurring fees, milestones, or split-payment plans, a grace period of three (3) days applies for overdue payments. After this period, a 10% late fee will be applied to the outstanding balance. The Company will immediately pause all active work and delivery until all outstanding payments and late fees are received in full.

  • Strict No-Refund Policy: Due to the custom, digital, advisory, and collaborative nature of our services, workshops, templates, and digital products, all sales are final and non-refundable. * No Chargebacks: Client agrees that they will not initiate a credit card dispute or chargeback with their financial institution for any services rendered or digital products delivered. Should a Client dispute an invoice or transaction, they must submit a written notice to alicia@thekoicollective.com specifying the reasons for the dispute, and both parties agree to work in good faith to resolve the issue.

5. Communication Protocols & Workflow Efficiency

  • Primary Point of Contact: Alicia Michelle will serve as the primary point of contact throughout your engagement.

  • Channels: Regular project communication, quick updates, and daily collaborative chats will take place on Slack. Formal requests, contractual adjustments, or major project asset handoffs should be directed through email for tracking and efficiency.

  • Response Times: The Company requires a minimum of 24 hours’ notice for any urgent requests, changes, or additional priority communication. Clients agree to be proactive and notify the Company as early as possible regarding priority needs. General customer support or non-urgent queries submitted via email can expect a response within 1–2 business days.

6. Confidentiality

The Company will maintain the strict confidentiality of all verbal, visual, and documented business and financial communications shared by the Client during the course of the project. No proprietary information shall be disclosed to third parties without the Client’s explicit written consent, unless required by law. This commitment to confidentiality remains fully effective and extends permanently beyond the termination or completion of the agreement.

7. Data Retention & Integrity

The Company agrees to maintain the integrity of all information, documentation, brand assets, and data provided by the Client. At no point will the Company delete or intentionally alter any data or software setups belonging to the Client without prior, written consent. All project files, SOPs, and materials will be retained securely for the duration of the active engagement. If requested by the Client, files will be retained or handed over for a specified timeframe upon completion, subject to a separate data agreement.

8. Intellectual Property & Use License

  • Client Use License: All materials, customized frameworks, process maps, workflows, and SOP deliverables created specifically for the Client during an engagement are intended strictly for the Client's internal business use. The Client holds the right to use, reproduce, modify, and distribute these deliverables internally within their organization.

  • Company Proprietary Rights: The Company retains all rights, titles, and intellectual property interests in its core consulting methodologies, underlying frameworks, generic templates, and structural processes used to build the client assets.

  • Website Materials: Permission is granted to temporarily download one copy of standard, non-purchased educational materials (information) on The Koi Collective's website for personal, non-commercial transitory viewing only. You may not modify or copy website materials, use them for commercial redistribution, attempt to reverse engineer site software, or mirror the content.

  • Portfolio & Promotion: The Company retains the right to reference the project and showcase anonymized examples of deliverables as part of its professional portfolio, case studies, and promotional materials, provided that no proprietary, identifying, or confidential business or financial information is ever disclosed.

9. Disclaimers & Limitations of Liability

  • "As-Is" Provision: All materials, advice, blueprints, and services provided through the Site or during consulting engagements are offered “as is” and without warranties of any kind, either express or implied. The Company makes no guarantees or warranties beyond those expressly provided in these Terms.

  • No Guarantees: While we design systems to optimize and scale your business, the Company does not guarantee specific revenue, business growth, or performance results, as final implementation and business decisions rest solely with the Client.

  • Limitation of Liability: To the maximum extent permitted by Florida law, the Client waives any claims arising from this Agreement’s terms or services provided. The Koi Collective, its affiliates, agents, or representatives shall not be liable for any indirect, incidental, special, or consequential damages (including direct or indirect business losses). The Company's total liability under this agreement for any claim is strictly capped at the total amount actually paid by the Client to the Company.

10. Non-Solicitation of Personnel

To protect the operational integrity of the Company, the Client agrees that during the term of their engagement and for a period of one (1) year following its completion, they will not directly or indirectly solicit, recruit, hire, or attempt to hire any employee, independent contractor, virtual assistant, or team member of The Koi Collective without express written agreement and compensation terms.

11. Indemnification

The Client agrees to indemnify, defend, and hold harmless The Koi Collective, its affiliates, agents, and representatives from any third-party claims, damages, liabilities, costs, or losses (including reasonable attorney’s fees) arising directly from the Client’s breach of this Agreement, violation of applicable regulations, or misuse of the Company’s customized advisory services.

12. Termination

These Terms remain in effect for the duration of your website use or your specific active project engagement. Either party may terminate a service agreement with written notice. In the event of a cancellation or termination by the Client, all work completed up to the date of termination shall be immediately invoiced and charged, and no refunds shall be issued under any circumstances.

13. Force Majeure

The Company shall not be held liable or responsible for delays, disruptions, or failures in performance resulting from causes entirely beyond its reasonable control. This includes, but is not limited to, natural disasters, acts of God, war, strikes, internet/hosting outages, or restrictive government actions. In such events, reasonable efforts will be made to resume obligations promptly.

14. Governing Law & Dispute Resolution

These Terms, your use of the Site, and any formal service contracts initiated via checkout are strictly governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. Any legal action or proceeding arising out of these Terms must be brought exclusively in a court of competent jurisdiction located in Florida.

15. Miscellaneous & General Clauses

  • Notice: Legal notices under this Agreement will be considered valid when sent via email with written or automated confirmation of receipt.

  • Severability: If any provision of these Terms is deemed unlawful or unenforceable by a court of competent jurisdiction, that specific provision shall be severed, and the remaining provisions shall continue in full force and effect.

  • Waiver: Failure by the Company to enforce any provision or right under these Terms does not constitute a waiver of future enforcement of that or any other provision.

  • Entire Agreement: This document constitutes the full and entire agreement between the parties regarding website use and purchased operational consulting. No other verbal representations, promises, or past agreements are binding. Amendments to these terms or custom waivers for specific client projects require explicit written consent from the Company.

  • Modifications to Terms: We may update or revise these Terms at any time without notice. By continuing to use this Site or engage in our services after changes are posted, you agree to be bound by the updated version of these Terms.