TERMS & CONDITIONS

Last updated: 07.09.2026

1. Identification

KOLBYS
Owner / Legal Name: Kristina Kolb
RUT: 29.097.959-5
Address: Santiago, Chile
Email: clientes@kolbys.cl
Website: kolbys.cl

2. About KOLBYS and Our Services

KOLBYS provides independent evaluation and analysis services relating to customer experience, service and service delivery.

Our activities are focused on four areas:

Customer Experience · Service · Loyalty · Revenue

Depending on the objectives and scope of each project, KOLBYS services may include, among others:

• Remote Service Evaluation.

• Mystery Client and on-site evaluations.

• Service Evaluation.

• Customer Experience Evaluation.

• Customer Journey Evaluation.

• Scenario Testing.

• Response & Commercial Performance Evaluation.

• Operational Evaluation.

• Standards Evaluation.

• Independent analysis of existing audits and evaluations.

• Analysis of customer feedback.

• Analysis of service communications and interactions.

• Analysis of documentation and available evidence.

• Evaluations relating to hospitality and tourism, aviation and travel services, retail and luxury, automotive and mobility, VIP and premium services, commercial spaces and entertainment.

• Other evaluation and analysis services relating to customer experience and service quality expressly agreed with the client.

KOLBYS may provide services on-site, remotely or through a combination of both, depending on the project.

The methodology, scope, criteria, sources of information, deliverables, timelines, fees and other conditions are determined individually for each project.

3. Information Published on the Website

The information published on this website is general and informational in nature and describes KOLBYS services and capabilities in general terms.

The description of a service, methodology, sector or capability does not in itself constitute a contractual offer or oblige KOLBYS to provide a particular service under conditions that have not been expressly agreed.

Each project is subject to an individual definition of its objectives, scope, methodology, conditions, availability and deliverables.

Where consumer protection legislation applies, objective advertising statements and conditions will have the effects provided for under applicable law.

4. Enquiries, Proposals and Engagement

An enquiry made through the website, email, WhatsApp or another communication channel made available by KOLBYS does not in itself constitute an engagement or contract for services.

KOLBYS prepares proposals according to the needs and characteristics of each project.

Before a project begins, the following may be defined, as applicable:

• Objectives.

• Scope.

• Methodology.

• Evaluation criteria.

• Touchpoints.

• Evaluation profile or scenario.

• Location or market.

• On-site, remote or combined delivery model.

• Duration and timelines.

• Available information and evidence.

• Responsibilities of the parties.

• Deliverables.

• Fees.

• Associated expenses, where applicable.

• Payment terms.

• Confidentiality and information protection requirements.

• Other project-specific conditions.

A project will be considered contracted once the relevant proposal or contractual instrument has been accepted by the parties and the agreed conditions for commencement have been satisfied.

In the event of any inconsistency between these Terms & Conditions and a proposal, contract or other specific agreement entered into for a project, the specific terms agreed for that project will prevail in relation to the relevant matter, to the extent permitted by applicable law.

5. On-Site Evaluations and Mystery Client

On-site services, including Mystery Client and other service or experience evaluations, are designed or adapted according to the objectives and scope of each project.

Depending on the project, KOLBYS may evaluate aspects such as:

• Customer Journey.

• Service Quality.

• Communication.

• Professionalism.

• Responsiveness.

• Attention to Detail.

• Consistency.

• Environment and surroundings.

• Problem Resolution.

• Service Recovery.

• Sales Experience.

• Digital Experience.

• Processes and execution.

• Food & Beverage, where relevant.

• Service Standards.

• Other criteria expressly defined for the project.

An evaluation represents an experience, observation or set of evidence obtained under particular conditions, dates, scenarios, criteria and scope.

Accordingly, its results should not automatically be interpreted as statistically representative of all experiences of all customers, employees, establishments, locations or periods of an organization.

6. Remote Service Evaluation

KOLBYS may conduct evaluations and analyses remotely without being physically present in the market, establishment or location where the experience being analyzed occurred.

Depending on the project, a remote evaluation may use sources such as:

• Audit reports.

• Existing evaluations.

• Evaluation forms.

• Mystery Shopping results.

• Customer feedback, surveys, comments and complaints.

• Email or chat communications.

• Call records or recordings where their use is lawful and forms part of the agreed scope.

• Photographs, videos and screenshots.

• Customer Journey and touchpoint data.

• Standards, procedures and evaluation criteria.

• Other documentation or evidence lawfully available for the project.

KOLBYS analyzes the available information from an independent external perspective to identify, depending on the project, strengths, inconsistencies, gaps, patterns, points of friction, priorities and opportunities for improvement.

The depth, scope and conclusions of a remote evaluation depend on the quality, completeness, relevance and availability of the information provided or otherwise lawfully available.

A remote evaluation does not necessarily replace on-site observation where certain aspects can only be adequately verified through physical presence.

Where appropriate, an on-site evaluation may be agreed separately.

7. Information and Evidence Provided by the Client

Where a project is based wholly or partly on information provided by the client, its collaborators or authorized providers, KOLBYS may rely on such information for its analysis within the agreed scope.

Unless independent verification is expressly agreed, KOLBYS is not required to independently verify the authenticity, completeness or accuracy of all information provided by the client.

The client should provide information that is sufficient, relevant and appropriate for the purposes of the project.

Where information provided includes personal data, recordings, communications, images or other information relating to third parties, the client must, where applicable, have the necessary authorizations, legal grounds or authority to collect, use and share such information.

The processing of personal data is additionally governed by the KOLBYS Privacy Policy and, where applicable, by specific terms agreed for the project.

8. Independence, Methodology and Scope

KOLBYS seeks to conduct its evaluations in an independent, structured and objective manner.

Observations, analyses and conclusions are based, as applicable, on:

• The experience observed.

• Available information and evidence.

• Defined criteria.

• Relevant context.

• The methodology used.

• The agreed scope.

The methodology may be adapted to the characteristics and objectives of each project.

Frameworks, criteria or structures used by KOLBYS are intended to organize and support the evaluation process but do not in themselves constitute certification, official accreditation or verification of compliance with a regulatory standard unless expressly agreed and there is an appropriate basis for such a statement.

9. Results and Deliverables

Depending on the agreed scope, project results may include:

• Executive Summary.

• Relevant findings.

• Strengths and inconsistencies.

• Service or experience gaps.

• Recurring patterns.

• Customer Journey observations.

• Operational observations.

• Prioritization of relevant issues.

• Conclusions.

• Actionable recommendations.

• Other deliverables defined for the project.

The format, extent and level of detail of the deliverables will depend on the project and will be established in the relevant proposal or agreement.

Findings reflect the evidence and conditions analyzed within the agreed scope.

10. Recommendations and Client Decisions

KOLBYS recommendations are intended to provide an independent perspective that assists the client in understanding findings and considering potential improvements.

Recommendations do not constitute a guarantee of specific results.

Decisions concerning the implementation of recommendations remain the responsibility of the client.

KOLBYS does not guarantee specific increases in revenue, sales, loyalty, satisfaction, scores, operational efficiency or other commercial or financial outcomes, as these may depend on numerous factors outside KOLBYS' control.

Unless expressly agreed otherwise, KOLBYS services do not constitute legal, tax, accounting, financial, medical, security or other regulated professional advice.

11. Client Cooperation

To enable a project to be carried out appropriately, the client must provide, where applicable:

• Reasonably necessary information.

• Agreed access or documentation.

• Relevant instructions and criteria.

• Timely responses to project-related enquiries.

• Applicable authorizations or permissions.

• Accurate information regarding restrictions or special conditions.

Delays, omissions, changes in scope or failure to provide necessary information may affect project timelines, methodology, depth or results.

Where such circumstances require additional work or materially change the scope, the parties may agree adjustments to timelines, methodology, deliverables or fees before the additional work is undertaken.

12. Fees, Expenses and Payment Terms

Fees, currency, applicable taxes, expenses, payment terms and relevant due dates will be specified in each proposal or agreement.

Where a project requires additional expenses — for example, travel, accommodation, transportation, purchases required for an evaluation or other authorized costs — their treatment will be specified in the proposal or agreed with the client.

KOLBYS will not impose additional charges that require client authorization without such charges having been agreed.

13. Changes, Cancellation and Termination of Projects

Terms relating to changes in scope, rescheduling, cancellation or termination of a project may be specified in the relevant proposal or contract.

Where a client requests a change in scope after a project has commenced, KOLBYS may assess its impact on methodology, timelines, deliverables and fees before accepting the change.

Work already performed, authorized expenses and obligations accrued up to the date of cancellation or termination may be invoiced or become payable in accordance with the specific terms agreed and applicable law.

Nothing in this section limits any mandatory rights that may apply under applicable law.

14. Confidentiality

Confidentiality and discretion are an essential part of the way KOLBYS works.

KOLBYS will handle commercial, operational, strategic, internal or other information received during a project in accordance with its confidential nature, the agreed conditions and applicable law.

KOLBYS seeks to limit access to confidential information to persons who need to know it in order to perform the project.

Reports, analyses and materials prepared specifically for a client are intended for the use agreed for the relevant project.

Terms concerning confidentiality, use, distribution or disclosure of deliverables may be specified in greater detail in a proposal, contract, confidentiality agreement or other applicable instrument.

KOLBYS may disclose information where required by law or pursuant to a valid request from a competent authority, to the extent required by applicable law.

15. Intellectual Property

Unless otherwise stated or agreed, rights in the KOLBYS name, logo, original website content, methodologies, evaluation structures, criteria, tools, templates and proprietary materials belong to KOLBYS or are used with the appropriate authorization.

Engaging KOLBYS and receiving project results does not automatically transfer to the client any rights in pre-existing methodologies, tools, templates or materials used to perform the project.

Rights to use reports and other deliverables prepared specifically for a client will be determined according to the nature of the deliverable and the conditions agreed for the project.

The client retains any rights it holds in information, documentation, trademarks and materials provided to KOLBYS.

Neither party may use the other party's trademarks, logos or protected materials for promotional or public purposes without authorization where such authorization is required.

16. Client References and Publicity

KOLBYS will not publicly use a client's name, logo, trademark, confidential project details or identifiable project results as a commercial reference or case study without authorization where such authorization is required.

The existence of a commercial relationship does not in itself constitute authorization to publicly identify the client as a reference.

17. Personal Data Protection

The processing of personal data in connection with the website, communications and KOLBYS services is described in our:

Privacy Policy

Where the nature of a project requires it, the parties may agree additional terms relating to personal data processing, information security, confidentiality or international data transfers.

18. Use of the Website

Users must use the website lawfully and responsibly.

Users must not use it to:

• Engage in unlawful activities.

• Attempt to gain unauthorized access to systems or information.

• Introduce malicious software or code.

• Deliberately interfere with the operation of the website.

• Use KOLBYS content for fraudulent or misleading purposes.

• Infringe the rights of KOLBYS or third parties.

19. Website Availability and Content

KOLBYS seeks to keep the website available, functional and reasonably up to date.

However, the website may be temporarily unavailable due to maintenance, technical issues, third-party services or other circumstances.

KOLBYS may update, modify or remove general information from the website where necessary.

Such changes will not, by themselves, modify the terms of an already contracted project, which will remain governed by the agreements applicable to that project.

20. External Links and Services

The website may contain links to third-party websites or services, including LinkedIn.

These links are provided to facilitate access to information, communication or external services.

KOLBYS does not control external websites or services and is not responsible for their content, availability, security, terms or privacy practices, without prejudice to any responsibility that may apply under applicable law.

21. Liability

KOLBYS will provide its services in accordance with the scope and conditions agreed for each project and will be responsible in accordance with applicable law.

Evaluations, analyses, conclusions and recommendations are prepared on the basis of the experiences, information, evidence, criteria and conditions available within the relevant scope.

The results of an evaluation may be subject to limitations arising from, among other factors, the agreed scope, timing of the evaluation, available sources and information provided by the client.

KOLBYS will not be responsible for decisions taken solely by the client or third parties outside the scope of the services provided, without prejudice to any responsibility that may legally apply to KOLBYS.

Nothing in these Terms & Conditions excludes, restricts or purports to waive any rights or liabilities that cannot lawfully be excluded or limited.

22. Electronic Communications

Communications by email, WhatsApp or other channels made available by KOLBYS may be used to:

• Respond to enquiries.

• Understand needs and objectives.

• Coordinate meetings.

• Prepare and negotiate proposals.

• Manage projects.

• Request or receive necessary information.

• Maintain communications relating to contracted services.

Communications and documentation relating to proposals and projects may be retained in accordance with applicable law and the KOLBYS Privacy Policy.

23. International Projects

KOLBYS is established in Santiago, Chile and may provide services relating to clients, operations or service experiences in different markets.

The remote provision of a service or analysis of an experience relating to another country does not imply that KOLBYS maintains a physical presence, establishment, office, representation or permanent business activity in that country.

International projects will be subject to the specific terms agreed and to any mandatory laws that may apply.

Where a project involves the processing or international transfer of personal data, the relevant provisions of the Privacy Policy and, where necessary, specific agreements between the parties will also apply.

24. Governing Law and Dispute Resolution

These Terms & Conditions will be interpreted in accordance with the laws of the Republic of Chile, without prejudice to any mandatory rules of another jurisdiction that may apply.

The parties will seek in good faith to resolve any dispute relating to a project.

Where a dispute cannot be resolved directly, jurisdiction will lie with the courts or authorities determined in accordance with applicable law.

Nothing in this section limits any rights of consumers or other persons that cannot validly be restricted by agreement.

25. Relationship Between These Terms and Specific Agreements

These Terms & Conditions establish general conditions relating to the KOLBYS website and services.

Each project may additionally be subject to a proposal, statement of work, contract, confidentiality agreement, data processing agreement or other specific instrument.

In the event of a conflict, the specific terms expressly agreed for the project will prevail over these general Terms in relation to the relevant matter, unless mandatory law provides otherwise.

26. Changes to These Terms & Conditions

KOLBYS may update these Terms & Conditions to reflect legal, regulatory, technological, operational or service-related changes.

The current version will be available on this website and will indicate the date of its latest update.

Published changes will not retroactively alter the specific terms of projects already contracted unless agreed by the parties or required by applicable law.

27. Contact

For enquiries concerning these Terms & Conditions:

KOLBYS
Owner / Legal Name: Kristina Kolb
Address: Santiago, Chile
Email: clientes@kolbys.cl
Website: kolbys.cl