TERMS & CONDITIONS
1. INTERPRETATION
1.1. In these Terms and Conditions ("T&Cs"):
1.1.1. "THEKOLLECTIV.CO" shall mean the Partnership trading as THEKOLLECTIV.CO in the United Kingdom (contact address available on request). The terms "We", "Us", and "Our" also refer to THEKOLLECTIV.CO;
1.1.2. "Campaign Blueprint" shall mean the document provided to the KOL outlining project details, objectives and deliverables for a specific deal;
1.1.3. "Charges" has the meaning given in Clause 10.1;
1.1.4. "Client" shall mean any project or KOL engaging Our Services, including You;
1.1.5. "Commission" shall mean the portion of Charges retained by THEKOLLECTIV.CO;
1.1.6. "Confidential Information" has the meaning given in Clause 19.1;
1.1.7 ."Contact Form" shall mean the contact form hosted on the Platform for submitting enquiries;
1.1.8 ."Content" has the meaning given in Clause 13.2;
1.1.9. "Contract" has the meaning given in Clause 3.1;
1.1.10. "Crypto Payment" shall mean payments made in cryptocurrency to a designated wallet address;
1.1.11. "Event Outside Our Control" has the meaning given in Clause 21.1;
1.1.12. "FSMA" shall mean the Financial Services and Markets Act 2000;
1.1.13. "KOL" shall mean a key opinion leader providing services;
1.1.14. "Notice" shall mean any communication required or permitted by these T&Cs;
1.1.15. "Platform" shall mean Our website at www.thekollectiv.co;
1.1.16. "Project" shall mean a Web3 entity seeking KOL services;
1.1.17. "Services" has the meaning given in Clause 7.1;
1.1.18. "You" shall mean the Client engaging Our Services. The term "Your" also refers to You.
1.2. All monetary amounts are in USD or cryptocurrency, as agreed per deal.
1.3. Words in the singular include the plural and vice versa.
1.4. Headings are for reference only and do not affect interpretation.
2. CONTACTING US
2.1. Contact Us at contact@thekollectiv.co. Formal Notice details are in Clause 22.
3. THE CONTRACT
3.1. These T&Cs apply to Your engagement of Our Services ("Contract") and incorporate Our Terms of Use and Privacy Statement, available at www.thekollectiv.co. They apply to the exclusion of any other terms You seek to impose, to the fullest extent permitted by law.
3.2. You should read these T&Cs carefully, as they include liability limitations and jurisdictional provisions. We may amend these T&Cs without notice, effective upon posting on the Platform. Check regularly for updates.
3.3. By engaging Our Services You accept these T&C and warrant You are permitted to do so under Your local jurisdiction, capable of entering legally binding contracts and that any information provided by You is accurate.
3.4. You are responsible for obtaining and paying for any services required to engage with Us.
3.5. Retain a copy of these T&Cs for reference.
4. NO JOINT VENTURE
4.1. No partnership, agency or employment relationship exists between You and THEKOLLECTIV.CO or its affiliates.
5. LANGUAGE
5.1. These T&Cs are in English only.
6. PLACING AN ORDER FOR SERVICES
6.1. To engage Our Services, You may submit the Contact Form, contact Us via Telegram and/or respond to Our communications. Each order is an offer to buy Services, subject to these T&Cs.
6.2. Check Your order carefully before confirming. You are responsible for its accuracy.
6.3. We will confirm Your order via email or Telegram ("Confirmation"), forming the Contract. Deal specifics will be agreed case-by-case and outlined in a Campaign Blueprint for KOLs and/or via communications between You and Us.
6.4. If We cannot provide Services before the Contract forms, We will notify You and not process Your order.
7. OUR SERVICES
7.1. We provide introduction, marketing and deal negotiation services between Projects and KOLs, including issuing Campaign Blueprints, verifying deliverables and processing payments ("Services").
7.1. We may amend Services if required by law or if amendments do not materially affect quality, notifying You of material changes.
7.2. We will use reasonable care and skill in providing Services.
7.3. Performance dates are estimates only and delays do not entitle termination unless constituting a material breach.
8. CLIENT OBLIGATIONS
8.1. Projects must:
8.1.1. Provide accurate campaign details and objectives;
8.1.2. Pay Charges to Our designated wallet address or bank account, as agreed;
8.1.3. Provide a valid wallet address for Crypto Payments, if applicable;
8.1.4. Comply with FSMA and all applicable laws (e.g. anti-bribery, GDPR).
8.2. KOLs must:
8.2.1. Deliver agreed deliverables per the Campaign Blueprint, verified by Us before payment;
8.2.2. Provide a valid wallet address for Crypto Payments;
8.2.3. Comply with FSMA and all applicable laws.
8.3. All Clients must:
8.3.1. Cooperate with Us and provide accurate information;
8.3.2. Keep Confidential Information confidential;
8.3.3. Notify Us of any regulatory issues affecting the Contract.
8.4. Failure to meet obligations may result in suspension of Services or termination under Clause 20.
9. CANCELLATION
9.1. You may, in Our absolute and sole discretion and subject to the stance adopted by the Project, cancel unperformed Services by emailing contact@thekollectiv.co. Refunds for unperformed Services are at Our absolute and sole discretion and subject to the stance adopted by the Project, less any Commission or costs incurred, paid within 14 days to Your original payment method or wallet address.
9.2. No refunds are due for performed Services or verified KOL deliverables.
9.3. We may cancel Services if You breach these T&Cs, with no refund for performed Services.
10. CHARGES AND PAYMENT
10.1 Projects must pay Charges (including Our Commission) as agreed per deal, in cryptocurrency, to Our designated bank account or wallet address on the terms agreed.
10.2. KOLs receive the balance of Charges after Our Commission, paid to their designated wallet address within 14 days of verifying deliverables, unless otherwise agreed.
10.3. Charges are inclusive of VAT, where applicable.
10.4. We ensure correct pricing, but if errors occur, We will notify You to confirm the correct price or cancel the order.
10.5. Late payments incur interest at 4% above the Bank of England’s base rate (for GBP) or an equivalent crypto rate, accruing daily.
11. CRYPTO PAYMENTS
11.1. For Crypto Payments, Projects and KOLs must provide valid wallet addresses. We provide Our wallet address for Project payments.
11.2. Crypto Payments are subject to blockchain network requirements and any vesting/lockup terms agreed in the Campaign Blueprint.
11.3. We are not liable for losses due to incorrect wallet addresses or blockchain issues.
12. COMPLAINTS
12.1. Contact contact@thekollectiv.co for issues with Services.
13. INTELLECTUAL PROPERTY
13.1. Rights not granted are reserved by THEKOLLECTIV.CO or its licensors.
13.2. Content provided through Services, including Campaign Blueprints, is copyrighted/trademarked by THEKOLLECTIV.CO or its licensors. You agree to protect Our proprietary rights.
13.3 We grant You a limited, revocable, non-exclusive, non-sublicensable licence for use of Content.
13.4. You shall not copy, modify, publish or exploit Content except as permitted.
13.5. Breaches terminate the licence in Clause 13.3.
13.6. Report intellectual property breaches to contact@thekollectiv.co.
14. PROHIBITIONS
14.1. You agree not to:
14.1.1. Remove copyright notices from Content;
14.1.2. Use Our trademarks without consent;
14.1.3. Share Content with third parties;
14.1.4. Use bots to scrape Platform data;
14.1.5. Interfere with Services or Content;
14.1.6. Attempt unauthorised access;
14.1.7. Introduce malware;
14.1.8. Violate laws, including FSMA.
15. DISCLAIMERS AND LIABILITY
15.1. Services and Content are for informational purposes only and do not constitute financial advice, investment recommendations or endorsements of Projects, KOLs or digital assets. We are not liable for losses from crypto investments or market volatility. You should seek independent professional advice before investing, as digital assets are volatile and You may lose Your entire investment.
15.2. Services are not financial promotions under FSMA.
15.3. Content is not an investment strategy and is not tailored to individual needs.
15.4. We do not guarantee Content accuracy or completeness.
15.5. Services are provided “as is”, with no warranties, including implied warranties of merchantability or fitness, to the extent permitted by law.
15.6. To the extent permitted by law, We are not liable for:
15.6.1. Content errors;
15.6.2. Losses from reliance on Services/Content;
15.6.3. Unauthorised access;
15.6.4. Service interruptions;
15.6.5. Viruses or harmful components; or
15.6.6. Indirect, punitive or consequential losses (e.g. loss of profits, goodwill).
15.7. Our liability is capped at £500, subject to applicable law.
15.8. Some jurisdictions may limit these exclusions, and Your rights may vary.
16. INDEMNIFICATION
16.1. You shall indemnify THEKOLLECTIV.CO against claims arising from:
16.1.1. Your misuse of Services/Content;
16.1.2. Non-compliance with these T&Cs or laws (e.g. FSMA, GDPR);
16.1.3. Third-party rights infringement via Your actions;
16.2. We may control the defence of indemnified claims.
17. COMPLIANCE
17.1. You must comply with all applicable laws, including FSMA, GDPR, anti-bribery, and anti-money laundering regulations.
18. THIRD PARTY WEBSITES
18.1. Links to third-party websites are for convenience. We are not liable for their content.
19. CONFIDENTIALITY
19.1. "Confidential Information" includes deal details, Campaign Blueprints, personal details of You and Us, and payment information disclosed under the Contract.
19.2. You may only use Confidential Information for Contract purposes and not disclose it, except:
19.2.1. As required by law or authorities;
19.2.2. To employees/advisers who need to know and are bound by confidentiality;
19.2.3. If publicly available (not due to Your breach);
19.2.4. If known non-confidentially before disclosure;
19.3. Confidentiality obligations survive termination.
20. TERMINATION
20.1. We may suspend or terminate the Contract if:
20.1.1. You commit a material breach and fail to remedy it within 7 days;
20.1.2. You fail to pay Charges;
20.1.3. Your financial position jeopardises Our Contract performance; or
20.1.4. You breach FSMA or other regulations.
20.2. Termination does not affect accrued rights or surviving clauses (e.g. Clauses 15, 16, 19).
21. EVENTS OUTSIDE OUR CONTROL
21.1. We are not liable for delays due to events beyond Our control ("Event Outside Our Control") e.g. blockchain failures, regulatory actions, severe illness preventing performance or acts of God.
21.2. If possible, We will notify You and suspend obligations during such events. You may cancel if the event exceeds 30 days, with pro-rata refunds for unperformed Services.
22. NOTICES
22.1. Send Notices to contact@thekollectiv.co. We will use Your provided email or Telegram for Notices.
23. ASSIGNMENT
23.1. You may not assign the Contract. We may assign it without restriction.
24. SEVERABILITY
24.1. Invalid provisions are replaced with enforceable ones, not affecting other provisions.
25. THIRD PARTY RIGHTS
25.1. No third party may enforce these T&Cs under the Contracts (Rights of Third Parties) Act 1999.
26. LAW AND JURISDICTION
26.1. These T&Cs are governed by the laws of England and Wales, with disputes subject to the exclusive jurisdiction of English and Welsh courts.