IMPORTANT: PLEASE READ THIS CAREFULLY BEFORE ACCESSING OR USING KOMO CONSULTING'S PROPRIETARY MATERIALS, WHICH INCLUDES ANY AUDIO AND/OR VISUAL PRESENTATIONS, DOCUMENTS AND/OR PROGRAMS/PROGRAM MATERIALS ASSOCIATED WITH KOMO CONSULTING. BY ACCESSING OR USING KOMO MATERIALS, YOU ACKNOWLEDGE THAT:
A. YOU HAVE READ THIS AGREEMENT,
B. YOU UNDERSTAND IT, AND
C. YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
TERMS OF SERVICE
WHEREAS Komo Consulting is specialized in the fields of academia, learning and teaching, Client engages Komo Consulting under the terms hereof.
NOW THEREFORE, in consideration of the mutual covenants hereinafter recited, Komo Consulting and Client hereby agree as follows:
1. Services. Subject to the terms and conditions of these Terms of Service ("the Agreement"), Komo Consulting agrees to grant Client access to proprietary materials, online communities and group calls during the term of this Agreement. Access to materials and support commence upon receipt of payment as described in Clause 6.
2. Term and Termination. The Agreement shall come into force immediately upon Client acknowledging these Terms of Service. The Agreement shall remain in full force for a period of twelve (12) months. Komo Consulting may terminate this Agreement, in whole or in part, effective immediately upon written notice to Client, if Client is in breach of its obligations hereunder, and fails to remedy said breach within a period of thirty (30) days after having received written notice thereof, or any Party may terminate the Agreement at its convenience by serving a thirty-day prior written notice to the other Party. Termination by any party has no direct or indirect effect on compensation as described in Clause 6.
3. Liabilities and Indemnities.
Client shall defend, indemnify and hold Komo Consulting, its affiliates and its and their employees harmless against any claims, demands, causes of action, judgments, proceedings, awards, damages, losses, costs, expenses and liabilities, including litigation costs and attorney’s fees arising out of (i) death or illness of, or injury to, Client under the Agreement, or (ii) death, illness (mental or physical) or injury (mental or physical), or property loss or damage, or loss, damage or cost, as a result of (a) the negligent act or omission of Komo Consulting under the Agreement, or (b) breach of Komo Consulting's obligations under the Agreement, or (iii) any actual or alleged infringement of any patent, copyright, trademark or other intellectual property right, or any litigation based thereon, or iv) any death or injury or damage due to vehicle related incidents, with respect to any Services, including processes or methods used by Komo Consulting, or use thereof.
(3.2) Komo Consulting, its consultants, its affiliates and its and their employees, shall not be liable to Client for any punitive, indirect or consequential damages sustained by the Client in connection with receipt or performance of the Agreement, including without limitation business or scholastic interruptions, loss of profits, loss of revenues or loss of use of assets.
(3.3) It is the express intent of the Parties the indemnities and liability exclusions contained in this Article 3 (or the remainder of the Agreement) shall, unless expressly stated otherwise, apply regardless of whether the claimed liability is based on breach of contract, negligence of any person (gross, sole or concurrent), any legal or equitable theory, or any other cause.
(3.4) Client acknowledges that Komo Consulting is not liable for outcomes of Services. Komo Consulting does not guarantee outcomes. Client acknowledges his or her primary role in all outcomes related to Services.
4. Product. Client acknowledges and agrees that Komo Consulting exclusively owns, without limitation, all training materials, videos, documents, analysis, recommendations, reports, studies, procedures, techniques, processes, concepts, developments, discoveries, improvements, innovations (whether patentable or not), computer programs, or software in object code and source code (collectively, the “Work Product”) to which Client is exposed in the performance of Services.
5. Promotional material. Client agrees and acknowledges that Komo Consulting may at any time reproduce and/or disseminate any testimonial describing or otherwise referencing, either directly or indirectly, Client's experience in the Program, including any specific results experienced by Client over the course of Client's participation. Client consents to video and/or audio recordings of calls conducted by Komo Consulting, and agrees and acknowledges that any recordings and/or written statements Client may be published through online learning platforms, social media accounts and other forums, as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event related to the Program, are valid for usage for training and/or promotional purposes. Client irrevocably and permanently grants, assigns and conveys to Komo Consulting the right to use, broadcast, distribute, and exhibit in any form now or later developed, including publications for training purposes and/or promotion on website entries and social media sites, Client's name, likeness, image, photograph, voice, and video as related to and in conjunction with Client's attendance of any Program event and/or participation in the Program (collectively “Client Materials”). Client irrevocably and permanently waive any right to royalties or other compensation arising from or related to the use of Client Materials.
Komo Consulting and Client agree that all Services are conceived of and delivered exclusively in the best interests of the Client.
6. Payment. All parties agree and acknowledge the following terms:
(6.1) Access to Services is secured through a subscription.
(6.2) For the FAM x Families, Access to 1 year of Services costs USD1500.00, which Client will pay to Komo Consulting in 12 instalments of USD125.00/month for 12 months ("monthly payment plan").
(6.3) For the FAM x Families, Client has the option to pay Komo Consulting in one instalment of USD1200.00 for a 12-month subscription ("yearly payment plan").
(6.4) For the FAM x Students, Access to 4 months of Services costs USD60.00, which Client will pay to Komo Consulting in 4 instalments of USD14.99 for 4 months ("monthly payment plan").
(6.5) For the FAM x Students, Client has the option to pay Komo Consulting in one instalment of USD49.00 for a 4-month subscription.
(6.6) Client payments are non-refundable and should Client withdraw from Services having agreed to the monthly payment plan, the balance owing from the full cost of Services (USD1500.00 / USD60.00) will be charged in full to the Client's credit card.
(6.7) If at any time during a Client's subscription, payment is declined, Client will lose access to Services until payment is made at which point access to Services will be restored.