Terms Of Service & Legal Disclaimer
1. Introduction
Please read these terms of service (“Terms”) carefully before using this www.kbizzsolutions.com (“Website”) downloading, installing, or using our mobile application (“Services”) are owned by K Bizz Solutions (“K Bizz Solutions”),. By accessing, registering, or using our Services, you agree to be bound by these Terms, including the disclaimers set forth below and the privacy policy. If you are not willing to be bound by these Terms, including the disclaimers, and privacy policy, you may not access or use our Services.
All work performed by K Bizz Solutions and/or subcontractors, freelancers, vendors, outsources, partners, developers, and designers working on behalf of or for K Bizz Solutions are subject to the following Terms.
2. Changes To Terms Of Service
We reserve the right, at our discretion, to modify, add, or remove portions of these Terms at any time and each such change shall be effective immediately upon posting. Please check these Terms periodically for changes. Your continued use of Services following the posting of changes to these Terms will mean you accept those changes.
3. Age Restrictions
You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register with us or use the Services. If you are under the age of 18, you may not use the Services. Forming a binding contract for the Services is void where prohibited by applicable law, and the right to access the Services is revoked in such jurisdictions. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the Terms set forth herein.
4. Registration
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with K Bizz Solutions (“Account”). You represent and warrant that all information provided by you to K Bizz Solutions is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
5. Password & Security
As a registered user of the Services, you may receive or establish a username and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify K Bizz Solutions immediately if you become aware of any unauthorized use of your account(s).
6. Basic Process
K Bizz Solutions will schedule an initial meeting to familiarize your team with our job methodology, the timeframe for your project, choosing and submitting content and images, and other aspects of website building. We will also use this meeting to discuss your business strategy and ways that we can highlight your competitive advantages, in addition to other services as specified in your contract, and as required for each project. We can meet in person depending upon your zip code or the meeting can take place using WEBEX. If you are located outside Houston, then K Bizz will charge meal and travel allowance (non-refundable) for any face to face meeting if required and necessary for a job.
Based on the information we receive from the initial meeting, K Bizz Solutions will create a Request for Proposal (RFP) and send it to you for your written approval. A brief specification sheet will be provided before the RFP signing; a more detailed one will be written after you have signed the RFP.
Upon approval of the RFP, K Bizz Solutions requires a deposit of at least 40% of the agreed price, and a signed agreement from you in order to start the project. Upon receipt of the deposit and the signed agreement, our designers will begin designing layouts. All layouts and revisions are based on the RFPs, and you, the client are responsible to provide K Bizz with your intended website content (see WEB CONTENT section, below).
You will then be presented with the finished design for your approval, and upon that approval we will request another 30% of the agreed price. Upon receipt of that second deposit, the HTML, CSS or any advanced coding will be initiated.
The remaining balance will be due within 14 days of the deployment of your website. Payment should be received no later than 14 days after project completion. If you are unable to pay as per contract, K Bizz will have a right to shut the site down, or suspend services.
Once the project proposal is signed and the initial advance is received, you may cancel the contract within 3 days. After 3 days, cancellations will result in forfeiture of any monies paid. No refunds will be provided under any circumstances.
K Bizz Solutions will do everything possible to meet the project timelines, but the timelines may vary by a margin of 20-40% – depending on contingency factors. We will, however, complete the entire project without any break as per submitted timelines.
Once we start the project, you will be responsible to work with K Bizz team and make sure all the required material will be provided on time. If you delay the project for more than 30 days a 10% penalty will be imposed. If K Bizz receives no response from you, after 90 days of signing the contract or once the beta application or design template is uploaded, this contract will automatically fall under cancelation and no refund will be provided. If you choose not to pay the 10% penalty, K Bizz will have the rights to cancel the order/contract without any refund.
Any revisions to the original design will be in accordance with the RFP. Support and update fees may change without prior notice. Depending on the complexity of your request, revisions will take a minimum of 3 to 5 business days.
7. Website Content Provided By You
Website content and images must be provided by you, the client. This includes pictures, graphics and text. We take no responsibility for content writing or images, although we will offer customer illustration and rendering at an additional charge. You, the client are responsible for proofing your text, providing titles and properly categorizing the text. K Bizz Solutions is not responsible for any typographical errors in any document which you have approved. Please be sure to check for all errors on your website.
Please do not send partial copies from another website or ask us to copy and paste text from a current website (your own or anyone else’s) as this can raise issues of copyright infringement. Content creation is available, but it is a separate process which will be offered at additional cost to you.
Your designs may be used as part of our portfolio, and we may ask your permission to put our logo on your website. K Bizz Solutions will keep all design files for a period of six months and then delete them, so that your content stays unique.
8. Follow Up, Support & Hosting
K Bizz Solutions will optimize and test your new website for IE6, IE7 and Firefox Browser. Your website may be optimized for IE8 and Google Chrome as a complimentary option depending on the scope and complexity of the work. We are unable to guarantee error-free performance when interfacing with browsers due to the continually emerging technology in browsers.
K Bizz Solutions will provide 30 days of free beta testing, including bug fixing, minor and major glitches, browser issues, etc. After the 30 day period all maintenance, code fixing and browser upgrades will be charged a nominal fee.
K Bizz Solutions offers hosting and domain support in accordance with our www.hosting110.com terms and conditions. K Bizz Solutions is only responsible for hosting and domain if you choose to host using www.hosting110.com. Renewal of hosting and domain registration is not the responsibility of K Bizz Solutions; it will be your responsibility to make sure you pay for the automatic hosting and domain renewal.
If you host using www.hosting110.com, K Bizz will provide free hosting and domain maintenance, and we will try our best to resolve issues as soon as possible. However, under no circumstances will K Bizz take responsibility or cover any losses if your hosting is lost due to payment issues. K Bizz will not be responsible for external site hack or virus uploading. If you choose to host with another company, in an event of hosting failure, K Bizz will be available to work with your host provider for a small fee.
At K Bizz Solutions, we will do our best to make you satisfied, but if under any circumstance you feel K Bizz did not meet your expectations, you are not eligible to sue for the amount equal or greater to the total cost of the project K Bizz will not be responsible for any legal fees or penalties. All legal issues will be handled in court only in Harris County, Texas.
You may not hire anyone who has freelanced for, partnered with, or been employed by K Bizz Solutions for your project until at least 12 months after the project is completed.
K Bizz will charge $25 for all bounced checks. All credit cards payment will incur 3% service charge. All Texas residents will pay 8.275% Sales Tax.
K Bizz Solutions and its business partners, developers, suppliers, vendors ,partners, directors, licensors, consultant ,contributors and agents will not be liable for any indirect, special, incidental, damages through software bugs, consequential or exemplary damages arising out of using the web application or in any way relating to this agreement or the use of or inability to use the web application, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data ,loss of business, and computer failure or malfunction, virus problems ,Trojans/worm problems even if it was advised of the possibility of such damages and regardless of the theory (contract, tort or otherwise) upon which such claim is based.
9. Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive site, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to this Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. You agree to use the Services only for purposes that are permitted by (a) this Terms; (b) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the EU, the United States or other relevant countries); and (c) any other applicable rules (including, without limitation, Facebook, Twitter and other social media platform rules).
10. Ownership Of The Website OR Services
All contents included on this Website or Services (including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) (the “K Bizz Website Content”) are exclusive property of K Bizz Solutions. The compilation of all content on this Website is protected by laws of USA and international copyright laws. All software used on this Website is the property of K Bizz Solutions or its software suppliers and is protected by laws of USA and international copyright laws. The K Bizz Website Content may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, without the prior written consent of K Bizz Solutions, except that you may download K Bizz Website Content to any single computer for your personal use only, provided you keep intact all copyright, trademark and other proprietary notices and comply with any applicable end user license agreements. No part of any K Bizz Website Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use in accordance with these Terms of use (but in no event for resale or redistribution). You may not frame or utilize framing techniques to enclose any name, trademarks, Service marks, K Bizz Website Content, or other proprietary information of K Bizz Solutions without first obtaining the express written consent of K Bizz Solutions.
11. User Content
“User Content” means any Content (defined below) posted or otherwise submitted to our Services by an end user, whether by submission to a social media service, posting a comment, or otherwise. “Content” means User Content and any other text, photographs, graphics, code, data, software, and more, featured on our Services. Whenever new Content is added to the Services in the future, that Content will also be subject to these Terms.
- a. User Content. User Content means any and all information and content that a User submits to, or uses with, the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 16(b)). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by K Bizz Solutions. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- b. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- i. You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- ii. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- c. Enforcement. K Bizz Solutions reserves the right, but has no obligation, to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
- d. Feedback. If you provide K Bizz Solutions with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to K Bizz Solutions all rights in such Feedback and agree that K Bizz Solutions shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. K Bizz Solutions will treat any Feedback you provide to K Bizz Solutions as non-confidential and non-proprietary. You agree that you will not submit to K Bizz Solutions any information or ideas that you consider to be confidential or proprietary.
12. Copyright Policy
K Bizz Solutions respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated K Bizz Solutions:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our Service that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and email address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
13. Release
You hereby release and forever discharge the K Bizz Solutions from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature including without limitation personal injuries, death, and property damage, or disclosure of any personal Health Information or for violation of HIPPA, or for violation of any applicable Privacy laws, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services.
14. Privacy
You acknowledge and confirm that you have read K Bizz Solutions Privacy Policy, the terms of which are incorporated by reference herein, and agree that the terms of K Bizz Solutions Privacy Policy are reasonable. You consent to the use of your personal information by K Bizz Solutions and/or its third-party providers, partners, users, and affiliates in accordance with the terms of and for the purposes set forth in the Privacy Policy as may be amended from time to time in K Bizz Solutions sole discretion.
15. Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL K BIZZ SOLUTIONS (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF K BIZZ SOLUTIONS AS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEBSITE OR SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS RESULTING THEREFROM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
16. Disclaimers
THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND K BIZZ SOLUTIONS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IF YOU RESIDE IN A PLACE THAT DOES NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES.
17. Accuracy Of Information
Although K Bizz Solutions attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the content or information on the Website. It is possible that the Website could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform K Bizz Solutions.
18. Links To Third-Party Websites
This Website may contain links to Websites operated by other parties. K Bizz Solutions makes no representations whatsoever about any other Website that you may access through this Website. The linked Websites are not under the control of K Bizz Solutions, and K Bizz Solutions is not responsible for the content available on any other Websites linked to this Website. K Bizz Solutions disclaims all liability regarding your access to such linked Websites. K Bizz Solution provides links to other Websites as a convenience to users, and access to any other Websites linked to this Website is at your own risk. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses and other items of a destructive nature. If you decide to access any of the third-party Websites linked to this Website, you do this entirely at your own risk.
19. Indemnification
You agree to indemnify and hold harmless K Bizz Solutions and its officers, employees, and agents, including without limitation any costs or legal fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of this Terms, (c) your violation of applicable laws or regulations, or (d) your User Content. K Bizz Solutions reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims. You agree not to settle any such matter without the prior written consent of K Bizz Solutions. K Bizz Solutions will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
20. Compliance With Local Laws
Users who choose to access this Website or the Services found at this Website are responsible for compliance with all local laws, rules, and regulations.
21. General
- a. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- b. Governing Law. These Terms are governed by the laws in force in Texas, USA and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Harris County, Texas, USA.
- c. Electronic Communications. The communications between you and K Bizz Solutions use electronic means, whether you use the Service or send us emails, or whether K Bizz Solutions posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from K Bizz Solutions in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that K Bizz Solutions provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. The foregoing does not affect your non-waivable rights.
- d. Headings. The headings used in these Terms are included for convenience only and shall not limit or otherwise affect the terms and conditions herein, nor the shall they limit, influence, or otherwise affect the interpretation of the Terms contained herein.
- e. Severability. The Terms contained herein shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- f. Copyright/Trademark Information. K Bizz Solutions, all rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- g. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our Services that is caused by events outside our reasonable control (“Force Majeure Event”).
- i. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes (without limitation) the following:
- Misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
- Strikes, lockouts or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance of Services will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
- i. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes (without limitation) the following:
- h. Contact us. If you have any questions or complaints about these Terms, please contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.