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Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern all services provided by KAPWA Solutions, including but not limited to organizational development consulting, human capital solutions, business strategy consulting, career development coaching, professional growth services, personal excellence coaching, and on-demand live consulting chat. By engaging our services, you acknowledge and agree to these Terms in their entirety.

2. Service Definitions

A. Consulting Services

  • Organizational Development: Including organization structure redesign, culture audits & transformation, strategic change management, knowledge management systems, techno-structural interventions, employee experience initiatives, and project management
  • Human Capital: Encompassing leadership development, HR/people strategy & governance, training and development, HR & workforce technology implementation, talent attraction & retention programs, recruitment & employer branding, and performance management & rewards systems
  • Business Strategy: Including strategic planning, business plan development, sales enablement, operations improvement, service line/ops expansion, digital transformation, data analytics/dashboarding, and marketing strategy development
  • Training Delivery: Delivering training sessions based on the agreed topics with the clients. 

B. Coaching Services

  • Career Development: Including career path strategy, interview preparation, resume writing & review, personal branding, job search strategy, and career transition support
  • Professional Growth: Including leadership development, communication skills enhancement, presentation skills training, time management coaching, work-life integration support, and networking strategy development
  • Personal Excellence: Including behavioral coaching, confidence building, goal setting & achievement, stress management, professional etiquette training, and emotional intelligence development

C. On-Demand Live Consulting Chat

  • Real-time advisory service across all service categories
  • Tiered subscription model (Basic, Professional, Enterprise)
  • Virtual consultation capabilities
  • Knowledge base access
  • Document template provision

3. Service Delivery

  • Virtual Delivery: All services are delivered through secure online platforms unless otherwise specified in writing
  • Language: Services are provided in English; other languages may be available upon request and agreement
  • Scheduling: Sessions must be booked minimum 48 hours in advance through our booking system
  • Duration: Standard consulting and coachig sessions are 60 minutes
  • Cancellation: 24-hour cancellation policy applies; late cancellations forfeit the session
  • Recording: No recording of sessions without prior written consent
  • Materials: Supporting materials provided electronically within 24 hours of sessions

4. Intellectual Property

  • Ownership: All methodologies, frameworks, presentations, documents, and materials remain the exclusive property of KAPWA Solutions
  • Usage Rights: Clients receive a non-exclusive, non-transferable license to use materials for internal purposes only
  • Modifications: Materials may not be modified, reproduced, or distributed without written permission
  • Client Materials: Clients retain ownership of their proprietary information shared during engagements

5. Payment Terms

  • Currency: All fees quoted and payable in Euros
  • Consulting Projects: 50% advance payment, remainder upon project completion
  • Coaching Programs: Full payment required before program commencement
  • Subscription Services: 
    • Monthly payments via Stripe
    • Automatic monthly renewal unless cancelled
    • Pro-rata refunds not available for unused queries
    • Payment processed at start of subscription period
  • Late Payments: 2% monthly interest on overdue amounts
  • Taxes: All applicable taxes are additional to quoted fees
  • Refunds: No refunds for unused portions of prepaid services

6. Client Responsibilities

  • Information Accuracy: Provide complete and accurate information necessary for service delivery
  • Communication: Maintain responsive communication through agreed channels
  • Participation: Actively engage in sessions and complete agreed assignments
  • Confidentiality: Protect proprietary information, methodologies, and materials shared
  • Implementation: Take responsibility for implementing recommended strategies
  • Access Management: Secure login credentials and platform access information
  • Professional Conduct: Maintain professional behavior during all interactions

7. Service Limitations

  • Advisory Nature: All services are consultative; implementation decisions rest with the client
  • No Guarantees: Results depend on various factors including client implementation
  • Scope: Services limited to agreed scope within consulting, coaching, training, and on-demand live advisory categories shown
  • Legal Exclusion: No legal, financial, or regulated professional services provided
  • Geographic: Virtual delivery may be subject to regional restrictions
  • Language: Services primarily in English unless otherwise agreed
  • Technology: Client responsible for maintaining necessary technical capabilities
  • Chat service availability subject to business hours, may be adjusted depending on the advanced agreement
    • Response times are estimates and may vary
    • Queries must relate to specified service categories
    • Complex issues may require upgrade to traditional consulting services
    • Service access limited to authorized users only
    • Knowledge base and templates provided "as is"

8. Confidentiality

  • Client Information: All client information treated as strictly confidential
  • Data Protection: Compliance with GDPR and applicable privacy regulations
  • Information Sharing: No disclosure without explicit client consent
  • Security Measures: Implementation of appropriate technical and organizational measures
  • Staff Obligations: All consultants bound by confidentiality agreements
  • Duration: Confidentiality obligations survive service termination
  • Exceptions: Disclosure only as required by law or regulatory authorities

9. Liability

·      Service Provider Liability

    • Liability limited to actual fees paid for the specific service in question
    • Professional liability insurance maintained for consulting and coaching services
    • Maximum liability cap of €10,000 per incident
    • Claims must be submitted within 90 days (30 days is too short given project timelines)

·      Specific Exclusions

    • No liability for:
      • Business outcomes or financial results
      • Implementation decisions by clients
      • Lost profits or revenue
      • Indirect or consequential damages
      • Third-party platform or technology failures
      • Data loss not directly caused by our services

·      Force Majeure

    • Clear definition of force majeure events
    • Notification requirements for both parties
    • Service suspension or modification rights
    • Termination rights after extended force majeure

·      Client Responsibilities

    • Due diligence in implementing advice
    • Backup of all data and materials
    • Proper use of provided tools and platforms
    • Timely communication of issues or concerns

·      Technology Disclaimer

    • Specific provisions for virtual delivery platforms
    • Clear allocation of technical responsibilities
    • Backup procedures for technology failures
    • Alternative delivery methods when needed

10. Service Termination

  • Notice Period: 30 days written notice required for service termination
  • Immediate Termination: Right to terminate for material breach
  • Payment Obligations: All outstanding payments due immediately
  • Material Return: Return or destruction of proprietary materials
  • Access Termination: Immediate cessation of platform access
  • Survival: Certain obligations survive termination
  • Refunds: Pro-rata refunds at company discretion

11. Dispute Resolution

  • Governing Law: Services are governed by Spanish law and EU regulations applicable to consulting and coaching services
  • Service Provider Protection:
    • Right to terminate services for breach of terms
    • Protection of intellectual property and methodologies
    • Right to collect reasonable attorney fees from losing party
    • Right to seek injunctive relief for IP violations
  • Jurisdiction:
    • Primary jurisdiction in Courts of Barcelona, Spain
    • For EU clients: Option to use EU online dispute resolution platform
    • For international clients: Mandatory arbitration in Barcelona
  • Dispute Process:
    • Mandatory 30-day negotiation period
    • Followed by mandatory mediation
    • Litigation as last resort
    • All notices must be in writing
  • Time and Cost Considerations:
    • Legal actions must be filed within one year
    • Prevailing party entitled to reasonable legal costs
    • Mediation costs shared equally
    • Virtual proceedings permitted to reduce costs
  • Language and Communication:
    • Official proceedings in English
    • Documents may be required in Spanish for court
    • Official translations at requesting party's expense

12. Amendments

  • Updates: Terms subject to periodic updates
  • Notice: Material changes notified 30 days in advance
  • Acceptance: Continued use implies acceptance
  • Objection: Right to terminate if changes unacceptable
  • Current Version: Latest version available on website
  • Previous Versions: Archive maintained of previous terms
  • Severability: Invalid provisions severable from remainder

13. Contact Us

If you have any questions about the Terms and Conditions, please contact us at:


Last Updated: February 7, 2025