TERMS OF SERVICE

ZXQS Inc. DBA The WebSmith Group

Operating as: Kelly Smith Consulting

Last Updated: May 12, 2026

Acceptance of Terms

By booking a discovery call, scheduling a coaching session, or engaging our coaching services, you agree to these Terms of Service.

Services Provided

Kelly Smith Consulting provides business coaching services for established business owners, including:

  • Free discovery calls (typically 15–20 minutes)

  • Coaching Retainer ($1,000/month, up to 4 hours of scheduled coaching time)

  • Expanded Retainer ($2,500/month, up to 10 hours of scheduled coaching time)

  • Onsite Engagements (custom quote based on scope)

  • Other engagements by separate written agreement

Specific deliverables, session counts, response times, and any other terms for your engagement will be confirmed in writing before services begin.

The Nature of Coaching

Coaching is a thinking partnership. Our role is to ask questions, share perspective, and help you think through decisions. The decisions, actions, and results in your business remain yours. Coaching is not a substitute for legal, financial, tax, accounting, medical, or therapeutic advice, and we will refer you to appropriate licensed professionals when those areas come up.

Eligibility

Our coaching services are designed for established business owners. We reserve the right to decline service to anyone who is not a fit for our practice, including but not limited to situations involving active legal disputes, financial distress beyond what coaching can address, or industries we choose not to work with.

Payment Terms

Coaching Retainers (monthly):

  • Billed monthly in advance

  • Payment due on the 1st of each month, or as otherwise agreed in writing

  • Either party may cancel with 30 days written notice

  • No refunds for partial months once a month has begun

  • Unused coaching hours within a given month do not roll over unless agreed in writing

Onsite Engagements:

  • Pricing and payment terms agreed in writing before the engagement begins

  • Deposits, travel costs, and refund terms specified in the engagement agreement

Confidentiality

Conversations between coach and client are treated as confidential. Information you share during coaching will not be disclosed to outside parties without your consent, except where disclosure is required by law or where we believe disclosure is necessary to prevent serious harm.

Coaching is not a legally privileged relationship like attorney-client or therapist-patient communication. You should not share information with the coach that you would only share with a licensed professional under privilege. If your situation involves matters that should be privileged, please bring them to the appropriate licensed professional.

Scheduling and Cancellation of Sessions

If you provide your phone number and consent to receive text messages:

  • Sessions are scheduled through our calendar system

  • Sessions cancelled with at least 24 hours notice can be rescheduled within the same billing month

  • Sessions cancelled with less than 24 hours notice, or missed without notice, count toward your monthly hours

  • We will give the same courtesy in reverse: if we need to cancel, we will reschedule promptly

What We Don't Guarantee

Coaching delivers perspective, questions, and structured thinking. It does not guarantee:

  • Specific revenue increases or business outcomes

  • That you will reach any particular goal in any particular timeframe

  • Results if you do not implement what you decide

  • Outcomes of decisions you make based on our conversations

Your business results depend on your own decisions, implementation, market conditions, competition, and many factors outside our control or yours.

Intellectual Property

Frameworks, written assessments, and any other materials we create specifically for you during our engagement are yours to use within your business. Underlying methodologies, processes, and general intellectual property of Kelly Smith Consulting remain ours. You may not republish or sell our materials or frameworks to others.

Limitation of Liability

Our total liability for any claims related to our coaching services shall not exceed the amount you paid us for the three months preceding the claim, or one month of services if the engagement has been shorter than three months.

We are not liable for:

  • Lost profits or business opportunities

  • Outcomes of decisions you make, whether or not they were discussed in coaching

  • Indirect, consequential, or punitive damages

Termination

Either party may end the coaching engagement with 30 days written notice. We may terminate immediately if a client engages in abusive behavior, fails to pay agreed fees, or asks us to participate in something we consider unethical or unlawful.

Dispute Resolution

Any disputes will be resolved through binding arbitration in Nevada under the rules of the American Arbitration Association. Each party shall bear its own costs and attorney fees in arbitration except as the arbitrator may otherwise determine.

Changes to Terms

We may update these terms from time to time. The updated version will be posted with a new "Last Updated" date. Continued use of our services after changes constitutes acceptance of the new terms.

Contact Us

Questions about this privacy policy?

Contact: Kelly Smith

Address: 2929 Vista Blvd Box 50342, Sparks NV 89435

ZXQS Inc. DBA The WebSmith Group, owner of BookCallWithKelly.com

[email protected]