1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Xaman Consulting & Coaching ("Company," "we," "us," or "our"). By engaging our services, accessing our website, or entering into any service agreement with us, you agree to comply with and be bound by these Terms.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In such case, "you" and "your" will refer to that entity.
These Terms apply to all services provided by Xaman Consulting & Coaching, including but not limited to strategic planning, leadership development, operational excellence consulting, innovation consulting, change management, and executive coaching services.
2. Service Description
Xaman Consulting & Coaching provides professional business consulting and coaching services designed to help organizations and individuals achieve their strategic objectives and enhance performance.
Our Services Include:
Strategic Planning & Analysis
Leadership Development Programs
Operational Excellence Consulting
Innovation & Change Management
Executive Coaching Services
Organizational Development
All services are provided based on individual service agreements that outline specific deliverables, timelines, and performance metrics. We reserve the right to modify our service offerings and methodologies to ensure optimal results for our clients.
3. User Responsibilities
As a client of Xaman Consulting & Coaching, you agree to fulfill certain responsibilities to ensure the success of our engagement and maintain a professional working relationship.
Client Obligations:
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Provide accurate, complete, and timely information necessary for service delivery
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Maintain confidentiality of proprietary methodologies and materials shared during engagements
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Participate actively in agreed-upon activities, meetings, and implementation processes
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Ensure authorized personnel have appropriate decision-making authority
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Comply with all applicable laws and regulations in your jurisdiction
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Respect intellectual property rights and refrain from unauthorized use or distribution
Failure to meet these responsibilities may impact service delivery and could result in additional charges or termination of the engagement at our discretion.
4. Payment Terms
Fees and Billing
All fees for services are outlined in individual service agreements or statements of work. Payment terms may vary based on the scope and duration of the engagement.
Standard Payment Terms
- • Net 30 days from invoice date
- • Retainer fees due upon agreement signing
- • Monthly billing for ongoing engagements
- • Project-based fees as per milestone completion
Accepted Payment Methods
- • Bank wire transfers
- • ACH electronic payments
- • Corporate checks
- • Credit card (additional fees may apply)
Late Payment and Collections
Late payments are subject to a service charge of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less. We reserve the right to suspend services for accounts that are more than 30 days past due.
In the event of collection proceedings, you agree to pay all reasonable costs of collection, including attorney fees and court costs.
5. Intellectual Property Rights
Proprietary Materials
All methodologies, frameworks, tools, templates, and other materials developed by Xaman Consulting & Coaching remain our exclusive intellectual property. This includes but is not limited to proprietary assessment tools, strategic planning frameworks, and coaching methodologies.
Client Data and Work Product
While we retain ownership of our methodologies and tools, any customized deliverables, reports, and recommendations created specifically for your organization become your property upon full payment of fees. However, we retain the right to use general insights and learnings (in anonymized form) to improve our services.
Intellectual Property Protection
You agree not to reverse engineer, reproduce, or distribute our proprietary materials without explicit written permission. Any unauthorized use may result in immediate termination of services and legal action.
6. Limitation of Liability
Service Limitations
Our consulting and coaching services are provided on an advisory basis. While we strive to deliver high-quality recommendations and guidance, the implementation and results depend on various factors beyond our control, including but not limited to market conditions, organizational culture, and management decisions.
Liability Limitations
Maximum Liability: Our total liability for any claims arising from our services shall not exceed the total fees paid by you for the specific engagement giving rise to the claim.
Excluded Damages: Under no circumstances shall we be liable for indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, business interruption, or loss of data.
Time Limitation: Any claims must be brought within one (1) year after the cause of action accrues, or such claims will be permanently barred.
Important Disclaimer
Our services are provided "as is" without warranties of any kind. We make no guarantees regarding specific business outcomes or results from implementing our recommendations.
7. Dispute Resolution
Resolution Process
We are committed to resolving any disputes amicably and efficiently. All disputes shall be resolved through the following process:
1
Direct Negotiation
Initial attempt to resolve disputes through direct communication between authorized representatives of both parties within 30 days of dispute arising.
2
Mediation
If direct negotiation fails, disputes will be submitted to binding mediation through a mutually agreed-upon mediator or mediation service.
3
Arbitration
Final disputes will be resolved through binding arbitration under the rules of the American Arbitration Association, with proceedings held in New York, NY.
This agreement shall be governed by the laws of the State of New York, without regard to conflict of law principles.
8. Privacy Policy References
Data Protection and Privacy
We are committed to protecting your privacy and maintaining the confidentiality of all information shared during our engagements. Our comprehensive Privacy Policy governs how we collect, use, store, and protect your personal and business information.
Information We Collect
- • Business and contact information
- • Organizational data and metrics
- • Performance and assessment results
- • Communication records
How We Protect Data
- • Encrypted data transmission and storage
- • Access controls and authentication
- • Regular security audits and updates
- • Staff confidentiality agreements
Confidentiality Commitment
All client information is treated as strictly confidential. We do not share, sell, or disclose any client data to third parties without explicit written consent, except as required by law or court order.
For detailed information about our data handling practices, please review our complete Privacy Policy available on our website or by request.
9. Termination Clauses
Termination Rights
Either party may terminate a service engagement under the conditions outlined below. Termination procedures and notice requirements may vary based on the specific service agreement.
Termination for Convenience
Either party may terminate ongoing services with thirty (30) days written notice. Client remains responsible for all fees incurred up to the termination date and any non-cancellable commitments.
Termination for Cause
Either party may terminate immediately upon written notice if the other party:
- • Materially breaches these Terms and fails to cure within 15 days of written notice
- • Becomes insolvent or files for bankruptcy protection
- • Engages in illegal or unethical business practices
- • Violates confidentiality or intellectual property provisions
Post-Termination Obligations
Upon termination, both parties must return or destroy confidential information, settle outstanding financial obligations, and comply with ongoing confidentiality requirements. Certain provisions of these Terms survive termination, including intellectual property rights, confidentiality obligations, and limitation of liability clauses.
10. Modifications to Terms
Amendment Process
We reserve the right to modify these Terms of Service at any time to reflect changes in our services, legal requirements, or business practices. Any modifications will be effective immediately upon posting on our website or notification to clients.
Notification Methods
- • Email notification to registered contacts
- • Posted updates on our website
- • Direct communication during active engagements
- • Written notice for material changes affecting existing agreements
Acceptance of Changes
Continued use of our services after notification of changes constitutes acceptance of the modified Terms. If you do not agree to any modifications, you must discontinue use of our services and may terminate any ongoing engagements according to the termination provisions outlined above.
For significant changes that materially affect existing service agreements, we will provide reasonable advance notice and may offer the option to continue under previous terms for the duration of the current engagement.
Questions About These Terms?
If you have any questions about these Terms of Service or need clarification on any provisions, please don't hesitate to contact us.