Terms & Conditions

The K3Y – General Terms & Conditions

  1. Engagement Assumptions & General Terms
  • The K3Y will commence work within 10 business days of receiving a signed agreement or deposit payment.
  • The K3Y will allocate the required resources based on the approved scope and timelines.
  • The client will provide timely access to relevant leadership, management, operational teams, systems, and data required for project execution.
  • A designated client Project Manager and or Project Coordinator will coordinate scheduling, stakeholder participation, and internal alignment.
  • If the scope or deliverables change, The K3Y will issue a revised quotation for approval before continuing.
  • Key project decisions and feedback should be provided in writing within 1–2 working days. If no feedback is received, The K3Y’s recommendations may be considered approved.
  • For virtual engagements, clients must ensure participants have appropriate internet connectivity, hardware, and access to digital tools.
  • The K3Y may enter into additional contract negotiations for long-term or complex engagements where required.
  • If disputes arise, both parties will attempt resolution through discussion and mediation.
  • Failing this, matters will be referred to the national courts of South Africa or Kingdom of
  • Eswatini (dependent on contracted business).
  • Each party retains ownership of its pre-existing Intellectual Property. The K3Y retains ownership of all frameworks, tools, diagnostics, and methodologies used or developed during the engagement.

2. Payment Terms & Conditions

  • Payment terms stated in the approved (signed) proposal or in the project contract (if applicable) and reflected on The K3Y invoices must be adhered to.
  • A deposit payment is required before commencement of any intervention or project.
  • All invoices are payable within 30 days of invoice date, unless agreed otherwise in writing.
  • Any disputed invoice must be raised in writing within 3 calendar days of receipt, indicating the disputed amount and reason.
  • All pricing excludes VAT, travel, venue hire, disbursements, meals, printing, courier fees, and accommodation unless otherwise stated.
  • For Eswatini clients, travel outside the Mbabane-Manzini corridor may incur additional costs.
  • A final payment plan will be agreed with the client’s authorised representative within 10 working days of project initiation.
  • If client delays extend the delivery schedule by more than 30 days, The K3Y may issue invoices according to the agreed Final Payment Plan.
  • If payments are overdue and no agreement exists regarding delayed payment, The K3Y may postpone deliverables or interventions until outstanding amounts are settled.
  1. Postponement & Cancellation Terms:

Facilitation Cancellations:

  • Cancellation within 5 working days → 100% of fees apply.
  • Cancellation within 10 working days → 50% of fees apply.
  • Cancellation with more than 10 working days’ notice → no fees.

Coaching Cancellations:

  • Sessions may be rescheduled at least 24 hours before the session.
  • Late cancellations (under 24 hours) or two no-shows will be charged in full.

Session Postponements

  • The Client may postpone the scheduled service session (Facilitation or Coaching) to a date within
  • thirty (30) days of the agreed date without incurring additional charges, subject to availability.
  • Any subsequent postponement beyond this initial thirty (30) day grace period, or any further
  • rescheduling thereafter, shall incur additional costs as determined by the Service Provider.

Travel, Accommodation & Venue Costs:

  • Any penalties or costs already incurred due to cancellation or rescheduling initiated by the client will be invoiced in full.
  1. POPIA / DATA PRIVACY NOTICE

Last Updated: 1st December 2025

The K3Y (“we”, “us”, “our”) is committed to protecting your personal information in accordance with the Protection of Personal Information Act (POPIA). This notice explains how we collect, use, store, and process your personal data when you engage with our website, programmes, services, events, and digital platforms.

What Information We Collect

We may collect personal information including (but not limited to):
• Name, contact details, role and organisation
• Billing or project-related information
• Programme and event participation data (attendance, assessments, diagnostics, feedback)
• Photos, videos, audio recordings, testimonials and written feedback
• Digital engagement data (website analytics, CRM interactions)

How We Use Your Information

Your information is used for:
• Delivering and improving our services, events and programmes
• Managing project and event logistics and communication
• Compiling anonymised insights and impact reports
• Ensuring compliance with legal and contractual obligations
• Marketing and brand communication only where you have given consent

Media, Recording & Testimonial Permission

By participating in our programmes, workshops, interviews, events or virtual sessions, you acknowledge and agree that:
• Sessions may be photographed, filmed or recorded for quality, training, or reporting purposes.
• The K3Y may use anonymised extracts, testimonials or visuals for case studies, reports, marketing materials, or digital platforms – only with your explicit consent.
• You may withdraw media-use consent at any time by emailing connect@thek3y.com, unless the material has already been published.

Your Rights

Under POPIA, you have the right to:
• Access, correct, or update your personal information
• Object to processing or withdraw consent
• Request deletion where legally permissible
• Request details of third parties with whom your data is shared

How We Protect Your Data

We apply industry-standard security controls, aligned with our Information Security Policy, to protect confidentiality, integrity and availability of your information. Access is restricted to authorised personnel only.

Contact

If you have questions or wish to exercise your rights, contact: connect@thek3y.com

  1. WEBSITE PRIVACY POLICY

Last Updated: 1st December 2025

This Website Privacy Policy describes how The K3Y collects, processes and protects personal information gathered through this website, in accordance with POPIA.

Information We Collect Automatically

  • Device information (IP address, browser type, operating system)
    • Browsing behaviour (pages visited, time on site, referring links)
    • Cookies and tracking technologies (see Cookie Policy)

Information You Provide

  • Contact form submissions
    • Newsletter sign-ups
    • Downloads or resource requests
    • Event or programme registrations

How We Use Website Data

We use this information to:
• Respond to your enquiries
• Improve website experience and platform functionality
• Provide personalised content or resources
• Analyse traffic and website performance
• Improve CRM automation and service delivery

Data Sharing

We do not sell personal data. Information may be shared with trusted third-party service providers (CRM, email tools, analytics platforms) who operate under strict confidentiality and data protection agreements.

Data Retention

We retain your data only as long as necessary for the purpose collected, or as required by law.

Your Rights

You may request access, correction or deletion of your personal information at any time by contacting connect@thek3y.com

 

 

  1. WEBSITE COOKIE POLICY

Last Updated: 1st December 2025

The K3Y uses cookies and similar technologies to enhance your website experience, analyse traffic and support personalised content delivery.

What Are Cookies?

Cookies are small files stored on your device to enable website functionality, improve performance, and support analytics or marketing.

Types of Cookies We Use

  • Strictly Necessary Cookies: enable site functionality (security, login, navigation).
    • Performance Cookies: track usage statistics to improve user experience.
    • Functional Cookies: remember preferences (language, form entries).
    • Marketing Cookies: support targeted advertising or remarketing (only activated with consent).

Managing Cookies

You can accept, decline or customise cookies through our cookie banner or your browser settings. Disabling certain cookies may affect website functionality.

 

  1. CLIENT DATA HANDLING POLICY

Last Updated: 1st December 2025

This policy outlines how The K3Y handles client and project data across all engagements and digital platforms.

Types of Data We Handle

  • Client contact information and project details
    • Diagnostic, assessment and survey data
    • Workshop/activity outputs
    • Project documentation
    • Financial and contractual information

How We Store & Protect Client Data

We commit to:
• Secure storage using encrypted and access-controlled systems
• Limiting access to authorised team members only
• Regular backups and security monitoring
• Secure file transfer and password-protected documents
• Ensuring third-party tools meet appropriate security standards

Use of Client Data

Client data is used solely for:
• Project delivery and service improvement
• Reporting and analysis (anonymised where required)
• Proposal development for ongoing work
• Compliance and auditing requirements

Data Retention

Project data is retained for the minimum period required for legal, financial and operational purposes. After this period, data is archived or securely deleted.

A full comprehensive Client Data Handling Policy is available on request.

  1. IP & COPYRIGHT STATEMENT

Last Updated: 1st December 2025

Unless otherwise stated, all content on this website and within The K3Y programmes – including frameworks, methodologies, diagnostics, tools, graphics, workbooks, videos, presentations, templates and written material – is the exclusive intellectual property of The K3Y.

Usage Restrictions

You may not:
• Copy, reproduce, distribute, or adapt any content without written permission
• Share programme materials outside of your organisation or cohort
• Resell or commercialise any component of The K3Y’s intellectual property
• Remove branding, copyright marks or proprietary notices

Permitted Use

Clients and programme participants may use our materials solely for:
• Internal learning and development
• Project execution as agreed in a signed proposal or contract

Any unauthorised use is strictly prohibited and may result in legal action.

  1. GENERAL USE / DISCLAIMER STATEMENT

Last Updated: 1st December 2025

The content provided by The K3Y – including downloadable resources, digital workbooks, manuals, videos, reports, articles and tools – is intended for educational and developmental purposes.

Disclaimer

  • Content is provided “as is” and may be updated periodically.
    • The K3Y is not responsible for decisions or actions taken based on use of the material.
    • Resources must be used responsibly and in accordance with professional and organisational standards.
    • Nothing on this website constitutes legal, financial, tax, or psychological advice.

Permitted Use

You may download and use resources for personal, organisational or project-related development only. Redistribution, editing, resale or public reproduction is prohibited.

Limitation of Liability

The K3Y will not be liable for any loss, damage, or consequences arising from reliance on the content, except where required by law.