Terms & Conditions

Please read these Terms and Conditions (“Terms”, “Terms of Use”, “Terms and Conditions”) carefully before using the K Construction LLC website (the “Service(s)”) operated by K Construction LLC (“us”, “we”, or “our”).

Accounts / Service

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to cancel any service(s) at any time.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by K Construction LLC.

K Construction LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that K Construction LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use our services will immediately cease. If you wish to terminate your account, you may simply discontinue using our service(s).

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Fees

You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable except as specifically mentioned in these Terms of Service. Except for refunds provided for cancellation of Subscriptions within the first five (5) days (as described in the section below entitled Cancellation and Termination and in the Refund Policy), there will be no refunds or credits for partial months of service or for periods in which your Subscription remains active but you do not use the Services

We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.

At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.

You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with your Subscription at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

All prices listed, fees, charges and refunds are issued in USD. We make no guarantees as to the exchange rate between any currencies, or that the exchange rate will remain unchanged during any period of time. The cost of Services may increase or decrease over a given period of time depending on the currency you choose to pay with and the specific exchange rate at that time. Refunds are likewise issued in USD and are subject to exchange rate volatility. There will be no additional refunds or credits issued in consideration of current or eventual exchange rates. You are responsible for any currency exchange taxes, fees, or other costs that may incur by making a purchase of our Services.

Any Service fees may not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on K Construction LLC’s net income). All such taxes may be added to K Construction LLC’s invoices for the fees as separate charges to be paid by Client. All fees are fully earned when due and subject to K Construction LLC’s refund policy, when paid to K Construction LLC.

If K Construction LLC collects any payment due at law or through an attorney or under advice from an attorney or through a collection agency, or if K Construction LLC prevails in any action to which the Client and K Construction LLC are parties, Client agrees to pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and K Construction LLC’s reasonable attorneys’ fees.

Client agrees to pay a minimum charge of $50.00 to reinstate and Account that has been suspended or terminated.

Client agrees to pay charge of $35.00 for all credit card chargebacks.

Unless otherwise specified, Client agrees to pay all fees and related charges shall be due and payable within thirty (15) days after the date of the invoice.
If any invoice is not paid within five (5) days after the due date of the invoice, K Construction LLC may charge a late fee of $15.00 for and in addition any amounts payable to K Construction LLC not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We may update or modify these Terms at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Terms and Privacy Policy.

Web Content Accessibility Guidelines Compliance Disclaimer (“WCAG Disclaimer”)

YOU ACKNOWLEDGE AND AGREE THAT K Construction LLC DO NOT WARRANTY, ASSURE AND/OR GUARANTEE THAT ITS SOFTWARE IS OR SHALL EVER BE COMPLIANT WITH THE WEB CONTENT ACCESSIBILITY GUIDELINES PURSUANT TO WCAG 2.0, WCAG 2.1, AND/OR ANY SUCCESSOR LAWS OR GUIDELINES (COLLECTIVELY, “WCAG COMPLIANCE”).

YOU FURTHER ACKNOWLEDGE AND AGREE THAT K Construction LLC DOES NOT WARRANTY, ASSURE AND/OR GUARANTEE THAT IT’S SOFTWARE, CODING, AND/OR PHP PROGRAMMING LANGUAGE CAN BE MODIFIED TO MEET WCAG COMPLIANCE.

BY USING AND/OR DOWNLOADING K Construction LLC YOU EXPRESSLY ACCEPT K Construction LLC AS-IS AND AGREE TO BE FULLY RESPONSIBLE AND SOLELY LIABLE TO ENSURE THAT YOUR WEBSITE AND/OR YOUR INTENDED USE OF K Construction LLC MEETS WCAG COMPLIANCE AND ANY OTHER ACCESSIBILITY REGULATIONS, AS REQUIRED BY LAW, WHICH MAY CHANGE FROM TIME-TO-TIME. YOU FURTHER AGREE TO TEST K Construction LLC AND ALL OF ITS FUNCTIONALITY AND FEATURES ON YOUR WEBSITE LOCALLY PRIOR TO ALLOWING K Construction LLC TO BECOME LIVE TO THE PUBLIC IN ORDER TO ENSURE THAT YOU ARE ABLE TO MEET WCAG COMPLIANCE. FURTHER, IT IS YOUR RESPONSIBILITY TO REMAIN INFORMED ON ALL ISSUES AND REQUIREMENTS RELATING TO WCAG COMPLIANCE.

BY CHOOSING TO DOWNLOAD, INSTALL AND/OR OTHERWISE USE K Construction LLC ON YOUR WEBSITE, A THIRD-PARTY WEBSITE, AND/OR ANY OTHER ONLINE PLATFORM YOU HEREBY CLAIM THAT ANY SUCH WEBSITE(S) AND/OR ONLINE PLATFORM(S), INCLUDING ALL PAGES AND FEATURES HAVE BEEN TESTED BY YOU AND MEET WCAG COMPLIANCE. IN NO EVENT SHALL K Construction LLC (INCLUDING ANY OF ITS AUTHORIZED REPRESENTATIVES, PRINCIPALS, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, ASSOCIATES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, LICENSEES AND/OR OWNERS) BE LIABLE TO YOU OR TO ANY THIRD-PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF FOR ANY FAILURE TO MEET WCAG COMPLIANCE. YOU AGREE TO TAKE ALL RESPONSIBILITY RELATED TO MEETING WCAG COMPLIANCE.

IN THE EVENT THERE ARE ANY CONTRADICTIONS BETWEEN THE TERMS CONTAINED IN THIS WCAG DISCLAIMER AND ANY OTHER TERMS OF SERVICE ON THIS SITE, THEN THE TERMS HEREIN SHALL CONTROL AS TO AN INCONSISTENCIES.

Automatic Renewal / Subscription Services

Unless you notify K Construction LLC before the end of the applicable subscription period that you want to cancel your services, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription for such Renewal using any credit card or other payment medium we have on record for you. A subscription can be cancelled at any time by writing us.

Cancellation and Termination of services

If you wish to cancel your Subscription, you can do so by writing to us by email or using the contact form on our website. If you are unable to find this option within the website or if you have questions or need assistance, please contact Support and they can assist you with the cancellation process. You will remain liable for all charges accrued on your account up to the time that you downgrade or cancel your Subscription, provided however that if you cancel your Subscription within the first five (5) days of opening your K Construction LLC Account, you will receive a refund of your Subscription fee.

K Construction LLC reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. In addition, K Construction LLC may, in its sole discretion, at any time, temporarily or permanently suspend access to your account, Subscription or Services for any violation or suspected violation of this Agreement. K Construction LLC also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas outside of Canada and the United States. K Construction LLC reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.

Refund Policy

The K Construction LLC no-risk money back guarantee offers that, if you have paid in full for services at any time within the first 5 days of opening your Account or within 5 days of your annual renewal you decide that K Construction LLC is not right for you, then just let our awesome support team know (we make it easy!).

We will stop your Subscription and issue you any refund if available. Your request for a refund must be received within 24 business hours of the 5 days of the date and time of opening your Account or your annual renewal. While some refunds may be instant, refund credit can take up to 5–10 business days to show up in your credit card statement.

If adequate notice is not received and your credit card is subsequently charged, you will not receive a refund. K Construction LLC reserves the right to review or deny any refund at any time for any service rendered. You are responsible for any balances owed before any refund can be made. Service fees are non-refundable.

Agreement to Governing Law and Jurisdiction

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

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

You hereby agree to submit to the exclusive jurisdiction of the courts in Lithia, Hillsborough County, Florida, with respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement, the Site or the Services, howsoever arising, provided always that K Construction LLC may seek and obtain injunctive relief in any jurisdiction.

Conduct Towards K Construction LLC

K Construction LLC will protect the health, safety, and welfare of its employees. Unprofessional conduct, threats, abusive language (including, but not limited to, disparaging remarks regarding the sex, race, religion, or sexual orientation of K Construction LLC’s employees) and/or anything that could be considered hate speech in the course of Client’s communications with K Construction LLC will not be tolerated. Such conduct may result in the termination of communications and repeated offenses may result in the suspension, cancellation or termination of termination the Services account, without any refund to Client, as determined in K Construction LLC’s sole discretion.

Severability

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

Legal Remedies

You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

You agree that if K Construction LLC does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which K Construction LLC has the benefit of under any applicable law), this will not be taken to be a formal waiver of K Construction LLC’s rights and that those rights or remedies will still be available to K Construction LLC.

Surviving Provisions

The sections of “Submission of Content”, “Intellectual Property Rights”, “Confidential Information”, “Disclaimer of Warranties”, “Third Party Sites and Content”, “Limitation of Liability/Exclusion of Consequential and Related Damages”, “Indemnity” and “Agreement to Governing Law and Jurisdiction”, “Severability”, “Legal Remedies”, and any other provisions that by their nature are intended to survive will survive any actual or purported termination of your account or termination or expiration of this Agreement and shall continue in full force and effect.

Manner of Giving Notice

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing-related notices to you shall be addressed to the relevant billing contact designated by you. All other notices to you shall be addressed to the relevant contact designated by you.

Miscellaneous

At no time will K Construction LLC give third parties access to our server accounts (e.g. dns, Cpanel, WHM) without written permission. Permission may be granted or refused whether services are needed for third party website integration.

Contact Us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us.