Terms & Conditions

Last Updated: October 31, 2025

1. Introduction

Welcome to Kensington Sinclair. These Terms and Conditions govern your use of our website and the services we provide. By accessing our website or engaging our services, you agree to be bound by these Terms and Conditions.

If you do not agree with any part of these terms, please do not use our website or services. We reserve the right to modify these terms at any time, and your continued use of our services constitutes acceptance of any changes.

2. Definitions

For the purposes of these Terms and Conditions:

• "Company," "we," "us," or "our" refers to Kensington Sinclair
• "Client," "you," or "your" refers to the individual or entity using our website or services
• "Services" refers to all consultancy services provided by Kensington Sinclair
• "Website" refers to the Kensington Sinclair website and all associated pages
• "Content" refers to all materials, information, and resources on our website

3. Use of Website

3.1 Acceptable Use

You may use our website for lawful purposes only. You agree to use the website in accordance with all applicable laws and regulations.

3.2 Prohibited Activities

When using our website, you agree not to:

• Attempt to gain unauthorized access to our systems or networks
• Distribute malicious software, viruses, or harmful code
• Violate any intellectual property rights
• Engage in any conduct that is harassing, abusive, or defamatory
• Use automated systems to scrape or collect data from the website
• Attempt to interfere with the proper functioning of the website
• Impersonate any person or entity

3.3 Account Responsibilities

If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Intellectual Property Rights

4.1 Ownership

All content on this website, including text, graphics, logos, images, software, and other materials, is the property of Kensington Sinclair or its licensors and is protected by intellectual property laws.

4.2 Restrictions

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content from our website without our prior written permission, except as permitted by law for fair use.

4.3 Trademarks

The Kensington Sinclair name, logo, and all related marks are trademarks or registered trademarks of Kensington Sinclair. You may not use these marks without our express written permission.

5. Service Terms

5.1 Consulting Services

Our consulting services are provided in accordance with professional standards and industry best practices. The specific scope, deliverables, and timelines for each engagement will be outlined in a separate service agreement.

5.2 Client Responsibilities

Clients agree to:

• Provide accurate and complete information necessary for service delivery
• Cooperate with our team and provide timely feedback
• Make key personnel available for meetings and consultations
• Ensure access to necessary systems, data, and facilities

5.3 Fees and Payment

Fees for our services will be specified in the service agreement. Payment terms typically require:

• Payment according to the schedule outlined in the engagement letter
• Invoices to be paid within 30 days of receipt unless otherwise specified
• Late payments may incur interest charges at the rate of 1.5% per month
• Reimbursement of pre-approved expenses

5.4 Cancellation and Refunds

Cancellation terms will be specified in individual service agreements. Generally, clients may cancel with written notice, subject to payment for work completed and costs incurred.

6. Confidentiality

6.1 Mutual Obligations

Both parties agree to maintain the confidentiality of proprietary information shared during the course of our engagement. This includes business strategies, financial information, technical data, and other sensitive materials.

6.2 Exclusions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach of this agreement
• Was already known to the receiving party
• Is independently developed without use of confidential information
• Is required to be disclosed by law or court order

6.3 Duration

Confidentiality obligations survive the termination of our relationship and remain in effect for five years from the date of disclosure.

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that:

• Services will be performed with professional care and skill
• We employ qualified and experienced personnel
• We comply with applicable industry standards and regulations

7.2 Disclaimers

To the extent permitted by law:

• The website is provided "as is" without warranties of any kind
• We do not guarantee specific results from our consulting services
• We are not responsible for third-party content linked from our website
• We do not warrant uninterrupted or error-free website availability

8. Limitation of Liability

8.1 Maximum Liability

Our total liability for any claims arising from our services or this agreement shall not exceed the fees paid by the client for the specific services giving rise to the claim, or $100,000, whichever is less.

8.2 Excluded Damages

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, incidental, or consequential damages
• Lost profits or revenue
• Loss of data or business opportunities
• Business interruption

8.3 Indemnification

You agree to indemnify and hold harmless Kensington Sinclair from any claims, damages, or expenses arising from your breach of these terms or your use of our services.

9. Links to Third-Party Websites

Our website may contain links to third-party websites. These links are provided for your convenience only. We do not endorse or assume responsibility for the content, privacy policies, or practices of third-party websites.

Your use of third-party websites is at your own risk, and you should review their terms and conditions and privacy policies.

10. Termination

10.1 Right to Terminate

We reserve the right to terminate or suspend your access to our website at any time, with or without cause or notice, for violation of these terms or for any other reason.

10.2 Effect of Termination

Upon termination:

• Your right to use the website ceases immediately
• Any outstanding fees become immediately due and payable
• Provisions regarding confidentiality, intellectual property, and limitation of liability survive

11. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

Any disputes arising from these terms or our services shall be resolved through binding arbitration in New York, NY, in accordance with the rules of the American Arbitration Association, or in the state or federal courts located in New York County, New York.

12. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. The "Last Updated" date at the top of this page indicates when these terms were last revised.

Your continued use of our website or services after changes are posted constitutes your acceptance of the modified terms.

13. Contact Information

If you have questions about these Terms and Conditions, please contact us:

Kensington Sinclair
123 Business Boulevard, Suite 500
New York, NY 10001
Email: [email protected]
Phone: +1 (555) 123-4567

14. Miscellaneous

14.1 Severability

If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.2 Entire Agreement

These Terms and Conditions, together with any service agreements and our Privacy Policy, constitute the entire agreement between you and Kensington Sinclair regarding the use of our website and services.

14.3 Waiver

Our failure to enforce any right or provision of these terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these terms or any rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.