Service Terms
The contract for every service we provide: what we do, what you do, billing and how to cancel.
Version 1, published 31 October 2026.
These terms apply to every service The Digital Collective provides to a client. Please read them with your Order. Together they are the contract between you and us.
1. Who we are and who these terms are for
1.1 We are The Digital Coach Limited, a company registered in England and Wales with company number 11140240, trading as The Digital Collective ("TDC", "we", "us", "our"). Our registered office is The White Building, 33 Kings Road, Reading, RG1 3AR.
1.2 You can contact us at k@tdc101.com. Our website is tdc101.com.
1.3 "You" and "your" mean the business or professional named as the Client on the Order.
1.4 We sell to businesses and professionals only. By accepting an Order you confirm that you are buying the Services for your business, trade or profession and not as a consumer.
2. Definitions
2.1 In these terms:
Agreement means the contract between you and us, made up of the documents listed in clause 3.2.
Approval means your written confirmation (email or the approval method we give you) that we may go ahead with or publish something. "Approve" and "Approved" have matching meanings.
Authorisation means the separate LinkedIn Account Access Authorisation that you give us.
Bridge or DM Bridge means our own method for carrying a LinkedIn conversation forward after the Thank-you Message.
Content means posts, articles, newsletters and other written or visual material we draft for you under a Content Package.
Conversation has the meaning given in clause 15.
Data Processing Agreement means the separate data processing agreement between you and us.
Fees means the monthly fee and any other charges set out on the Order.
Ideal Client Profile means the written description of the people you want to reach, which we prepare with you and you Approve.
Invoice Date means the date shown on our invoice.
LinkedIn means LinkedIn Corporation, LinkedIn Ireland Unlimited Company and their group companies, and the LinkedIn and LinkedIn Sales Navigator services they provide.
Order means the Client Order Form (or online order page) that names you, your Package and your Fees, and that you accept.
Package means the service package or packages chosen on the Order, as described in Schedule 1.
Privacy Policy means our privacy policy published at tdc101.com/privacy/.
Profile means the LinkedIn profile named on the Order, and Profile Holder means the individual that profile belongs to.
Reseller means a third party authorised by us to sell our Services to its own clients.
Seed Clients means five examples of your ideal clients that you give us at onboarding.
Service Month means each period of one month for which you have paid, as described in clause 11.4.
Services means the services in your Package, as described in Schedule 1 and the Order.
Special Terms means any terms written on the Order as special terms and agreed in writing by Kenneth Nel.
Team means the people who deliver the Services for us. They are independent contractors and subcontractors. They work remotely and some of them are outside the United Kingdom and the European Economic Area.
Thank-you Message means the first message we send, from the Profile, to a person who accepts a connection request.
Working Day means a day other than a Saturday, a Sunday or a public holiday in England.
2.2 Headings are for convenience only. "Including" means "including without limitation". "Writing" and "written" include email.
3. How the contract is formed
3.1 The Agreement is formed when you accept the Order. You accept the Order when you do the first of these: you sign it, you click to accept it, you pay the first invoice, or you complete an online checkout on tdc101.com. If you buy online, the Order is the Package you chose at checkout, as described on tdc101.com at the time, with the price shown there and the PayPal confirmation of your subscription.
3.2 The Agreement is made up of:
(a) the Order, including any Special Terms;
(b) these Service Terms, including Schedule 1;
(c) the Authorisation, which you give us during set-up; and
(d) the Data Processing Agreement, which you sign during set-up.
3.3 If these documents conflict, this order applies: first the Special Terms, then the rest of the Order, then these Service Terms. The Authorisation comes first on any question about access to your LinkedIn account. The Data Processing Agreement comes first on any question about personal data that we process on your behalf.
3.4 The Agreement is the whole agreement between you and us about the Services. It replaces any earlier proposal, call notes, email or statement. You have not relied on any statement or promise that is not written in the Agreement. Nothing in this clause limits liability for fraud.
3.5 Your own purchase terms do not apply, even if they are printed on or sent with a purchase order.
3.6 Only Kenneth Nel can agree pricing, a discount, a trial or any other exception to these terms on our behalf. An exception is valid only if he agrees it in writing. No other Team member and no Reseller can change the Agreement or make a promise that binds us.
3.7 Our Privacy Policy explains how we use personal data as a controller. It is for information and is not part of the Agreement.
4. The Services
4.1 We will provide the Services in your Package, as described in Schedule 1, with reasonable care and skill.
4.2 The Services are carried out for the Profile named on the Order. One Order covers one Profile unless the Order says otherwise.
4.3 Outreach is done by a person. A member of our Team logs in to the Profile with your permission and sends connection requests and messages by hand. We do not use automation tools or bots to send connection requests or messages.
4.4 The weekly connection request numbers in Schedule 1 are maximum numbers. They are always capped by what LinkedIn allows on the Profile. We may send fewer in any week to keep within LinkedIn's limits as we understand them, to protect the Profile, or because the Approved lists do not hold enough suitable people.
4.5 We act only on your instructions and the Approved Ideal Client Profile. We write in your name and in your voice, using a voice file that we prepare for you.
4.6 We may use AI tools to help us draft messages and Content, to analyse conversations and to run our back office. A person on our Team reads every message before it is sent.
4.7 You may ask to move to a different Package. A change takes effect from the start of the next Service Month once we have agreed it in writing and you have paid the Fees for the new Package.
4.8 We may make reasonable changes to how we deliver the Services, including the tools we use and the Team members assigned to you, as long as the change does not materially reduce the Services.
4.9 Dates and timescales we give you are estimates. We will try to meet them, but time is not of the essence.
5. Set-up and warm-up
5.1 The Services start with a set-up period of about 14 days. During set-up we:
(a) hold an onboarding meeting with you;
(b) prepare the Ideal Client Profile for your Approval;
(c) update the Profile, if a profile update is part of your Package;
(d) set up LinkedIn Sales Navigator on the Profile; and
(e) build searches and lists for your Approval.
5.2 After set-up there is a warm-up period of four weeks. During warm-up we increase the number of connection requests in steps until we reach the full weekly volume for your Package. The full weekly volume does not apply during set-up or warm-up.
5.3 The set-up period can only run to time if you give us what we need on time. If you are late with anything listed in clause 6, set-up and warm-up will take longer.
5.4 Set-up and warm-up are part of the Services. The Fees are payable in full during set-up and warm-up.
6. What you must do and by when
6.1 Before the onboarding meeting, or within 5 Working Days after you accept the Order if that is earlier, you will give us:
(a) the URL of the Profile;
(b) your five Seed Clients; and
(c) the LinkedIn recommendations those Seed Clients have given you.
6.2 You will attend an onboarding meeting within 7 days after you accept the Order, at a time agreed with us.
6.3 At or straight after the onboarding meeting you will give us access to the Profile and to LinkedIn Sales Navigator, in the way described in the Authorisation.
6.4 You must hold, and pay LinkedIn for, the LinkedIn and LinkedIn Sales Navigator subscriptions that the Services need. Outreach Packages need your own LinkedIn Sales Navigator Core subscription. Those subscriptions are a contract between you and LinkedIn. They are not included in the Fees.
6.5 You will respond to each request for Approval within the time set out in clause 7.
6.6 For a Content Package, you will attend the interview or interviews we need to draft your Content, at times agreed with us in each Service Month.
6.7 Where your Package says that you pick up or step in to a Conversation, you will do so promptly once we have told you about it. We are not responsible for a Conversation that goes cold because you did not respond.
6.8 You will also:
(a) give us accurate and complete information about your business, your services and your ideal clients, and tell us promptly if it changes;
(b) tell us promptly about any message, warning or restriction you receive from LinkedIn;
(c) tell us before you or anyone else sends connection requests or bulk messages from the Profile, or uses any automation tool on it, because this affects LinkedIn's limits;
(d) make sure that you have the right to give us everything you supply, including Seed Client details, images, logos and other materials; and
(e) make sure that the Profile Holder has agreed to the Services and has signed the Authorisation, if the Profile Holder is not the person who accepted the Order.
6.9 If you are late or do not do something in this clause 6:
(a) we may pause the part of the Services that depends on it until you do;
(b) our timescales are extended by at least the length of your delay;
(c) the Fees remain payable and are not reduced, refunded or credited; and
(d) the Service Month is not extended.
7. Approvals
7.1 We need your Approval of each of the following before we use it:
(a) Ideal Client Profile. We will not start building lists until you have Approved it.
(b) Lists. We will not send connection requests to a list until you have Approved the search or list it comes from.
(c) Profile copy. We will not publish changes to the Profile until you have Approved the copy.
(d) Content. We will not publish Content until you have Approved it.
7.2 You will Approve, or send us clear and complete comments, within 3 Working Days after we send you an item for Approval.
7.3 We send Content for Approval at least five days before the next Invoice Date.
7.4 We will make reasonable changes that you ask for. Each item includes up to 2 rounds of changes. Further rounds, or a change of direction after Approval, may be charged for or may move to the next Service Month, as we agree with you in writing.
7.5 Nothing is treated as Approved because you did not reply. If you do not reply, we will not publish or use the item, and clause 6.9 applies.
7.6 Once the Ideal Client Profile and a list are Approved, you do not need to Approve each connection request or each message. We send them within the Approved Ideal Client Profile, the Approved lists and your voice file.
7.7 You are responsible for what you Approve. This includes checking that Profile copy and Content are accurate, that you can support any claim made in them, and that they meet any rules that apply to your profession or industry.
7.8 You may change the Ideal Client Profile at any time by telling us in writing. A change may mean a new set-up step and a short drop in weekly volume while we rebuild lists.
8. LinkedIn access
8.1 We can only provide the Services if you give named members of our Team access to the Profile and to LinkedIn Sales Navigator. The Authorisation sets out how access is given, how logins are kept, what we may and may not do in your account, and how you withdraw access. You must sign or accept the Authorisation before we start.
8.2 You should understand this plainly before you accept the Order:
(a) LinkedIn's User Agreement restricts sharing access to an account;
(b) LinkedIn can restrict, suspend or close an account at its discretion; and
(c) we work by hand, within sensible daily limits, and we follow LinkedIn's limits as we understand them, but we cannot promise how LinkedIn will act.
8.3 You accept the risk described in clause 8.2. The Authorisation explains it in more detail.
8.4 You remain responsible for your LinkedIn account and for your relationship with LinkedIn. We do not accept terms, make purchases or change account settings on your behalf beyond what the Services need.
8.5 You may change your password and withdraw our access at any time. If you do, the Services that need access pause until access is restored. The Fees for the current Service Month are not refunded or credited, and the Service Month is not extended.
9. Reports
9.1 We send you the reports listed for your Package in Schedule 1.
9.2 A monthly report is due five days before the next Invoice Date. A report that covers two months is due five days before the Invoice Date that follows the second month. A weekly report is sent once in each week.
9.3 Reports are prepared from what we can see in your LinkedIn account and in our own records at the time. LinkedIn may change or remove the data it makes available. We take care to make reports accurate but we do not promise that every figure is exact.
9.4 The figures in a report describe what happened. They are not a forecast or a promise of future results.
9.5 If you think a report is wrong, tell us within 10 Working Days after you receive it and we will check it.
10. Coaching calls
10.1 This clause applies if your Package includes coaching calls.
10.2 Schedule 1 sets out how many coaching calls your Package includes in each Service Month and how long each call is.
10.3 You choose a coach from the coaches we have available. We do not promise that a particular coach will be available at a particular time, or at all.
10.4 You book each call yourself, through our booking link, when you need it. We do not book calls for you and we do not have to remind you to book.
10.5 Use it or lose it. A coaching call must be booked and taken within the Service Month it belongs to. A call that you do not use in that Service Month:
(a) does not roll over to a later Service Month;
(b) is not refunded;
(c) is not credited against any Fees; and
(d) cannot be exchanged for any other service or passed to another person.
10.6 If you miss a booked call, arrive more than 10 minutes late, or cancel or move it with less than 24 hours' notice, the call counts as used.
10.7 If the coach has to cancel or move a call, we will offer you another time. If no other time is available in the same Service Month, that call may be taken in the following Service Month. This is the only case in which a call carries forward.
10.8 A weekly check-in, where your Package includes one, is a short progress conversation with our Team. It is not a coaching call, and a missed check-in does not roll over.
10.9 Coaching is practical guidance on using LinkedIn and on handling Conversations. It is not legal, financial, tax or other regulated professional advice, and you remain responsible for your own business decisions.
10.10 Coaching calls end when the Agreement ends. Unused calls have no cash value.
11. Fees and payment
11.1 The Fees and the currency are set out on the Order. Prices are not set out in these terms.
11.2 The Services are billed monthly in advance through PayPal. If you buy online, you set up a PayPal subscription and PayPal takes each month's Fees automatically until you cancel. Otherwise we send an invoice for each month through PayPal and you pay it through PayPal, or by another method that Kenneth Nel agrees in writing. A PayPal payment confirmation counts as the invoice for that month.
11.3 Each invoice is payable on the Invoice Date. The first invoice is payable when you accept the Order.
11.4 Each Service Month runs from the date on which the invoice for it is paid. We do not have to start or continue the Services for a month until we have received payment for it in full and in cleared funds.
11.5 If you buy online, PayPal takes the next payment on the same day of the following month, and that day is the Invoice Date. If we invoice you, we send the next invoice 7 days before the current Service Month ends, and the Invoice Date is the date on that invoice.
11.6 The Fees do not include VAT, sales tax or any similar tax. If a tax of that kind applies, we add it to the invoice and you pay it. If the law requires you to withhold tax from a payment, you will increase the payment so that we receive the full invoice amount.
11.7 You pay each invoice in full, in the invoice currency, without set-off or deduction. We pay PayPal's own fees for receiving your payment. Any currency conversion or other charge that your bank or PayPal makes to you is yours.
11.8 The Fees do not include your LinkedIn or LinkedIn Sales Navigator subscriptions, advertising spend, or any third-party cost that we have not agreed in writing to bear.
11.9 We may change the Fees by giving you at least 30 days' written notice from Kenneth Nel. The change applies from the first Service Month that starts after the notice period. If you do not accept the change, you may cancel under clause 13.
11.10 No trial, discount, credit or refund applies unless Kenneth Nel has agreed it in writing.
11.11 Fees paid are not refundable, except where these terms expressly say so or where the law requires a refund.
12. Non-payment and pausing
12.1 If an invoice is still unpaid seven days after the Invoice Date, we may pause the Services until it is paid. We do not have to give you further notice before we pause.
12.2 If you buy through a Reseller, the period in clause 12.1 is ten days after the date of our invoice to the Reseller. Clause 21 applies.
12.3 While the Services are paused we do not send connection requests or messages, publish Content, send reports or hold coaching calls. People who reply to earlier messages during a pause may not receive an answer from us. You can still log in to your own account and reply to them yourself.
12.4 Work restarts when we receive payment in full. After a pause we may need a short warm-up before we return to full weekly volume.
12.5 We are not responsible for any loss that results from a pause under this clause, including Conversations that go cold.
12.6 If an invoice is still unpaid 30 days after the Invoice Date, we may end the Agreement immediately by written notice.
12.7 We do not currently charge interest on late payments.
13. Cancelling and ending
13.1 The Agreement is a rolling monthly service. There is no minimum term.
13.2 You may cancel at any time. To cancel, email k@tdc101.com. Cancellation takes effect at the end of the Service Month you have already paid for. We continue to provide the Services until then.
13.3 Fees you have already paid are not refunded when you cancel. If you have set up an automatic PayPal payment, you are responsible for stopping it, and we will help you if you ask.
13.4 We may end the Agreement by giving you one month's written notice. If our notice ends the Agreement part way through a Service Month that you have paid for, we will refund the Fees for the unused part of that Service Month.
13.5 We may end the Agreement immediately by written notice if:
(a) you do not pay an invoice and clause 12.6 applies;
(b) you commit a serious breach of the Agreement, or a breach that you do not put right within 14 days after we ask you to;
(c) you ask us to do something unlawful, deceptive or abusive, or something that we reasonably believe would put the Profile or our Team at risk, and you do not withdraw the request;
(d) you are abusive or threatening towards our Team; or
(e) you become insolvent, stop trading, or have an administrator, receiver or liquidator appointed, or anything similar happens to you in any country.
13.6 You may end the Agreement immediately by written notice if we commit a serious breach of the Agreement and do not put it right within 14 days after you ask us to. In that case we will refund the Fees for the unused part of the current Service Month.
13.7 When the Agreement ends:
(a) we stop work and log out of your LinkedIn account;
(b) we delete your login details from our password manager, and you should change your LinkedIn password straight away;
(c) we return or delete personal data as the Data Processing Agreement says;
(d) any open Conversations pass to you, and we are not responsible for following them up;
(e) unused coaching calls and any Content not yet drafted are lost; and
(f) any unpaid Fees for the period up to the end date become payable immediately.
13.8 Clauses that are meant to continue after the Agreement ends do so. These include clauses 14, 16, 17, 18, 19, 20, 24 and 25.
14. No guarantee of results
14.1 We provide a service. We do not sell a result.
14.2 TDC does not guarantee a number of Conversations, connections, replies, meetings or clients, or any downstream revenue, and nothing in the Agreement or in any accompanying materials should be read as such a guarantee.
14.3 Any figures on our website, in a proposal, on a call or in a report are examples of what has happened for us or for other clients, or estimates. They are not a promise of what will happen for you.
14.4 Results depend on many things we do not control. These include your market, your offer, your Profile, how quickly and how well you pick up Conversations, the people on your lists, and how LinkedIn behaves.
14.5 We do not guarantee that any Content will reach a particular number of people or perform in a particular way.
14.6 A promise about results binds us only if it is written as a Special Term on your Order and agreed in writing by Kenneth Nel.
15. What we mean by a Conversation
15.1 A Conversation is a reply to our Thank-you Message that is open and allows the exchange to continue.
15.2 A reply is not a Conversation if it is:
(a) automatic, for example an out-of-office note or a LinkedIn suggested quick reply with nothing added;
(b) closed, meaning it ends the exchange and invites nothing further; or
(c) negative, for example a refusal, a complaint or a request not to be contacted.
15.3 We use this meaning whenever we count or report Conversations. We decide in good faith which replies count, and we will explain a decision if you ask.
15.4 A Conversation is not a meeting, a sales enquiry, a qualified prospect or a sale. Counting Conversations is how we measure the work. It is not a promise about what a Conversation will become.
15.5 Who carries a Conversation forward depends on your Package, as set out in Schedule 1.
16. Intellectual property
16.1 What we keep. We own, and keep, all rights in our methods, frameworks, templates, processes, scripts, message structures, training materials and know-how, including the DM Bridge, and in any improvement to them. This is the case even where we develop or improve them while working for you. Nothing in the Agreement transfers them to you.
16.2 What you keep. You own your brand, your name, your logos and all materials and information you give us. You give us permission to use them only to provide the Services.
16.3 Content written for you. You own the final Approved Content that we write for you in a Service Month, once the Fees for that Service Month have been paid in full. Until then we own it, and you may not use it. Drafts, ideas and Content that you did not Approve stay ours.
16.4 Profile copy. Clause 16.3 applies in the same way to final Approved Profile copy.
16.5 Working documents. The Ideal Client Profile, your voice file, searches and lists are working documents that we build using our methods. You own the information about you and your business that they contain. We own their format, structure and method. You may keep and use your Approved Ideal Client Profile for your own business. You may not give our templates or methods to anyone else or use them to provide a service like ours.
16.6 Our methods are not for reuse. You will not copy, teach, sell or publish our methods, frameworks or templates, including the DM Bridge, and you will not use them to train another provider or an AI tool to deliver a similar service.
16.7 Third-party materials. If Content includes stock images or other third-party material, your use of it is subject to that third party's licence terms. We will tell you where that applies.
16.8 No use of your name without consent. We will not use your name, your logo or your results in our marketing without your consent in writing. You may withdraw consent for future use at any time.
16.9 Anonymous statistics. We may use figures from the Services in a combined and anonymous form (for example average acceptance rates across all our clients), as long as neither you nor any individual can be identified.
16.10 You confirm that the materials you give us, and any claims you ask us to make, do not infringe anyone else's rights and are not unlawful. You will cover our reasonable losses and costs if a third party brings a claim against us because that confirmation is untrue.
17. Confidentiality
17.1 "Confidential Information" means information that one of us gives the other, or that one of us learns about the other through the Services, and that is marked confidential or would reasonably be understood to be confidential. It includes your business plans, client details and LinkedIn account contents, and our methods, templates, pricing and Team arrangements.
17.2 Each of us will:
(a) keep the other's Confidential Information confidential;
(b) use it only to perform or receive the Services; and
(c) share it only with people who need it for that purpose and who are bound by confidentiality duties at least as strong as these. For us, this includes our Team and the providers of the tools we use.
17.3 These duties do not apply to information that:
(a) is or becomes public, other than through a breach of the Agreement;
(b) the receiving party already had, or receives lawfully from someone else, without a duty of confidence; or
(c) the receiving party develops on its own without using the other's Confidential Information.
17.4 Either of us may disclose Confidential Information where the law, a court or a regulator requires it. Where the law allows, that party will tell the other first.
17.5 These duties last for the life of the Agreement and for three years after it ends. For trade secrets they last for as long as the law protects them as trade secrets.
17.6 The terms of your Order, including your Fees, are confidential. Each of us may share them with our professional advisers and, where relevant, with the Reseller you bought through.
18. Data protection
18.1 Each of us will comply with the data protection laws that apply to us. For us these include the UK GDPR and the Data Protection Act 2018, and the EU GDPR where it applies.
18.2 Where we are the controller. We are the controller of your contact and billing details and of the records of our dealings with you. Our Privacy Policy explains how we use them.
18.3 Where we are your processor. When we work inside your LinkedIn account we handle personal data about your connections and prospects, such as names, job titles, employers, LinkedIn profile URLs and message content. We do that on your behalf. You are the controller and we are your processor. The Data Processing Agreement applies to that processing and forms part of the Agreement.
18.4 You are responsible for having a lawful basis for the outreach we carry out on your instructions, and for giving any privacy information that the law requires you to give to the people you contact.
18.5 Conversation exports. Our Team exports the conversations from your LinkedIn account once a month to a TDC shared drive. We use the exports to prepare your reports and to review and improve our messaging. The Data Processing Agreement and our Privacy Policy describe this use.
18.6 International transfers. Members of our Team and some of the providers of the tools we use are outside the United Kingdom and the European Economic Area. The Data Processing Agreement sets out the safeguards that apply to those transfers.
18.7 Recordings. We may record onboarding meetings, interviews and coaching calls and make transcripts of them, so that we can prepare your Ideal Client Profile, voice file and Content. We will tell you at the start of a call if it is being recorded. Tell us if you do not want a call recorded.
18.8 Security. We keep your login details only in a password manager. Our Team may access only the clients they are assigned to. The Data Processing Agreement sets out our security measures in more detail.
19. Liability
19.1 Nothing in the Agreement limits or excludes liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) anything else for which the law does not allow liability to be limited or excluded.
19.2 Subject to clause 19.1, neither of us is liable to the other for any indirect or consequential loss.
19.3 Subject to clause 19.1, we are not liable to you for any of the following, whether direct or indirect: loss of profit, loss of revenue, loss of business or contracts, loss of opportunity, loss of goodwill or reputation, or loss of anticipated savings.
19.4 Subject to clause 19.1, our total liability to you for all claims connected with the Agreement is limited to the Fees you paid to us in the three months before the date on which the claim arose. This applies however the claim arises, including in contract, in tort (including negligence), for breach of statutory duty or otherwise.
19.5 LinkedIn's actions. Subject to clause 19.1, we are not liable for any restriction, suspension or closure of your LinkedIn account, for any loss of connections, messages or data held by LinkedIn, or for any other action that LinkedIn takes. If a restriction is caused by our breach of the Agreement or the Authorisation, our liability for it is limited as set out in clauses 19.2 to 19.4.
19.6 We are not liable for a failure or delay that is caused by you, including a late Approval, late information, withdrawn access or a missed interview.
19.7 We are not responsible for the accuracy of what you tell us, for the claims you ask us to make, or for what you Approve.
19.8 All terms that the law would otherwise imply into the Agreement are excluded as far as the law allows. This does not affect clause 4.1.
19.9 You must tell us about a claim in writing within 12 months after you become aware of the facts behind it, or reasonably should have. If you do not, we are not liable for it.
19.10 The limits in this clause reflect the level of the Fees and the fact that the Services depend on a platform that neither of us controls. Each of us should arrange its own insurance for the risks it carries.
20. Non-solicitation
20.1 During the Agreement and for six months after it ends, you will not, directly or through anyone else, hire or engage any member of our Team or any of our subcontractors who worked on the Services for you, whether as an employee, contractor, consultant or in any other way.
20.2 Clause 20.1 does not apply if Kenneth Nel has agreed to the hire or engagement in writing beforehand.
20.3 This restriction is intended to protect our investment in recruiting and training our Team and in our methods. You agree that it is reasonable.
21. If you buy through a Reseller
21.1 This clause applies if you buy our Services through a Reseller.
21.2 Your fees, your invoices and your payment arrangements are agreed between you and the Reseller. You pay the Reseller. The Reseller pays us. Clauses 11.1 to 11.10 do not apply between you and us.
21.3 The rest of these Service Terms applies to you directly. In particular, you must accept these Service Terms, the Authorisation and the Data Processing Agreement before we start, because we work inside your LinkedIn account.
21.4 We deliver the Services. You deal day to day with our Team, led by our project manager.
21.5 The Reseller is an independent business. It is not our agent, partner or employee. It cannot change these terms, give a guarantee or make a promise on our behalf. We are not bound by anything the Reseller tells you that is not in the Agreement.
21.6 If the Reseller has not paid our invoice for your Services ten days after its date, we may pause the Services until it is paid, even if you have paid the Reseller. Any claim for a refund of what you paid the Reseller is against the Reseller and not against us.
21.7 You may cancel by telling the Reseller or by emailing us. Clause 13 applies, and the Service Month is the month the Reseller has paid us for.
21.8 If your arrangement with the Reseller ends, or our arrangement with the Reseller ends, we may offer to continue the Services with you directly under a new Order.
21.9 For clause 19.4, the Fees are the fees we received from the Reseller for your Services in the three months before the claim arose.
22. Events outside our control, including changes by LinkedIn
22.1 Neither of us is in breach of the Agreement, or liable for a delay or failure, to the extent it is caused by an event outside that party's reasonable control. This does not apply to your duty to pay Fees that are already due.
22.2 Events outside our reasonable control include:
(a) LinkedIn changing its rules, policies, user agreement, limits, features, pricing or products, including LinkedIn Sales Navigator;
(b) LinkedIn restricting, suspending or closing the Profile, or limiting what can be sent from it, where our breach of the Agreement did not cause that;
(c) an outage or fault in LinkedIn, PayPal, our password manager or another third-party service we rely on;
(d) failure of power, internet or telecommunications;
(e) illness, epidemic, natural disaster, war, civil unrest, strike, or an act of government or a regulator; and
(f) a change in the law that makes the Services, or part of them, unlawful or impractical.
22.3 If an event of this kind affects the Services, we will tell you as soon as we reasonably can. We may change how we deliver the Services, reduce weekly volumes or pause the affected part of the Services so that we stay within LinkedIn's rules as we understand them and protect the Profile.
22.4 If we cannot provide a substantial part of the Services for more than 30 days in a row because of an event of this kind, either of us may end the Agreement immediately by written notice. Fees already paid for the current Service Month are not refunded, and we will not invoice a further Service Month while the Services cannot be provided.
23. Changes to these terms
23.1 We may change these Service Terms from time to time, for example to reflect a change in the law, in LinkedIn's rules or in how we deliver the Services.
23.2 We will email you the changes, or a link to them, at least 30 days before they take effect. The current version is published at tdc101.com/service-terms/ with its version number and date.
23.3 If you do not agree with a change, you may cancel under clause 13 before it takes effect. If you pay an invoice for a Service Month that starts after the change takes effect, you accept the change.
23.4 A change to these Service Terms does not change your Special Terms.
23.5 Any other change to the Agreement must be agreed in writing by you and by Kenneth Nel.
24. General
24.1 Notices. Notices under the Agreement are given by email. We send notices to the email address on your Order. You send notices to k@tdc101.com. An email is treated as received at 9.00 am on the next Working Day after it was sent, unless the sender receives a message saying it was not delivered. Tell us straight away if your email address changes.
24.2 Our Team. We may use independent contractors and subcontractors to deliver the Services. We remain responsible to you for their work.
24.3 Transfer. You may not transfer the Agreement or any right under it without our consent in writing. We may transfer the Agreement to a company in our group or to a buyer of our business, and we will tell you if we do.
24.4 No partnership. Nothing in the Agreement makes either of us the partner, agent or employee of the other.
24.5 Third parties. Nobody other than you and us has a right to enforce the Agreement under the Contracts (Rights of Third Parties) Act 1999.
24.6 Severance. If a court finds that part of the Agreement cannot be enforced, the rest stays in force, and the part in question is reduced only as far as needed to make it enforceable.
24.7 Waiver. If either of us delays or does not enforce a right, that is not a waiver of the right.
24.8 Electronic acceptance. The Order may be signed electronically or accepted by clicking. Each of these is as binding as a signature on paper.
24.9 Compliance. Each of us will comply with the laws that apply to it, including laws against bribery and modern slavery.
24.10 Language. The Agreement is made in English. If it is translated, the English version applies.
25. Governing law and disputes
25.1 If you have a complaint, email k@tdc101.com. We will try to resolve it with you within 14 days before either of us takes formal action. This does not stop either of us from asking a court for urgent protection.
25.2 The Agreement, and any dispute or claim connected with it (including non-contractual disputes or claims), is governed by the law of England and Wales.
25.3 The courts of England and Wales have exclusive jurisdiction to settle any dispute or claim connected with the Agreement.
Schedule 1: The Services by Package
Prices are not shown in this Schedule. Your Fees are on your Order.
Part A: Outreach Packages
| Package | Bronze | Silver | Gold |
|---|---|---|---|
| Set-up (about 14 days) | Included | Included | Included |
| Warm-up to full weekly volume | Four weeks | Four weeks | Four weeks |
| Connection requests sent by hand each week, always capped by what LinkedIn allows on the Profile | Up to 100 | Up to 150 | Up to 200 |
| Thank-you Message to people who accept | We send it | We send it | We send it |
| Who carries the Conversation forward | You pick up the Conversation | We carry the Conversation through the Bridge until you need to step in | We carry the Conversation through the Bridge until you need to step in |
| Reports | One report a month | One report every two months, plus a missed-conversation note each month | One report a week |
| Coaching calls in each Service Month | None | One call of 30 minutes | Two calls of 30 minutes |
| Check-in | None | None | One check-in a week |
Part B: Content Packages
| Package | Content Starter | Content |
|---|---|---|
| How Content is prepared | Drafted from interviews with you | Drafted from interviews with you |
| Interviews in each Service Month | One short interview | One interview of 30 minutes |
| Content in each Service Month | 4 posts | 12 posts and one newsletter |
| Engagement on the Profile | Not included | Up to 15 substantive comments a day |
| Approval | Sent to you at least five days before the next Invoice Date. Published only after you Approve it | Sent to you at least five days before the next Invoice Date. Published only after you Approve it |
| Reports | One performance report a month | One performance report a month |
Part C: Profile update (if bought)
A profile update is included only if your Order says so. We draft new copy for the Profile, send it to you for Approval, and publish it once you have Approved it. It is carried out during set-up.
Part D: Notes that apply to every Package
The description of each Package on tdc101.com/pricing on the date of your Order gives more detail. If that page and this Schedule differ, this Schedule and your Order apply.
All outreach is carried out by a person, by hand, in the Profile, under the Authorisation.
The weekly numbers are maximum numbers and are not a promise that the maximum will be sent every week.
Nothing in this Schedule is a guarantee of results. Clause 14 applies.
