TERMS AND CONDITIONS
WELCOME TO KAZA INTERIORS LLC! THIS WEBSITE IS OWNED BY KAZA INTERIORS LLC. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. BY USING OUR SERVICES OR BY READING ANY OF THE CONTENT FROM THE WEBSITE “KAZA INTERIORS LLC” YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS FULLY, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, (iv) YOU ARE LEAST 18 YEARS OLD, and/or (v) IF YOU ARE UNDER 18 YEARS OLD, YOUR LEGAL GUARDIAN HAS GIVEN YOU PERMISSION TO VIEW THIS WEBSITE AND YOUR GUARDIAN AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THE TERMS BELOW, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE WEBSITE OR ANY OF OUR INFORMATION, AND IF YOU DO SO ANYWAY, YOU DO SO ON YOUR OWN ACCORD AND AT YOUR OWN RISK.
In consideration for using our Services and/or reading or using the website “Kaza Interiors LLC” and “Kaza Interiors,” “You,” “Customer,” “Client,” and “Buyer,” agree to the following terms and conditions (the “Terms”) in regards to any of the content (“Information”) and Services contained within Kaza Interiors LLC.
I. WHAT IS KAZA INTERIORS LLC?
- Kaza Interiors LLC, hereafter known as “Kaza Interiors LLC,” “Kaza Interiors,” “we,” “us,” “we’re,” “we’ve, “our,” or “Designer”) is a award-winning full-service residential interior design company based in South Florida that strives to create and bring to life functional, beautiful and environmentally-friendly conceptual spaces where the whole family (including furry friends) can feel right at home. For us, our clients are king and we based our services on their likes, wants and needs while making sure that their home is as beautiful as it is functional, all while offering natural alternatives to every aspect of our design. When required, we plan spaces based on universal design (accessible spaces through time regardless of physical capacity) and green design requirements. We guide and constantly communicate with clients throughout the whole process, from the planning phase all the way to project post-completion.
- Kaza Interiors also acts as a freelance interior design virtual assistant that works with other professional interior designers to juggle different projects, anticipate their needs, and essentially make their job easier so they can take on more clients.
- Karen Azagoury, ASID Interior Designer
Karen completed her 6-year bachelor degree in Architecture from Veritas University in Costa Rica and then pursued her Bachelor of Arts in Interior Design from The Art Institute in Miami. She has participated in several sustainable projects, placed 2nd in the International Bienal-Clefa contest in 2012 and got an honorable mention in the Natural Systems by D3 International Competitions for Designers in 2013. She also has won a renovation project from ARCBAZAR competitions. Now, Karen brings her high attention to detail, beautiful schematics, and tireless work attitude.
- Max Kligman, MBA Project Manager
Max got his Master in Business Administration from the nationally recognized Northeastern University located in Boston, Massachusetts. He then moved to Bogota, Colombia to work as a project manager at Diarco, a small interior design firm, after which he moved to Miami in 2010. Now, Max brings his client-oriented managerial and organizational skill to every phase of every project at KAZA Interiors.
- Kaza Interiors LLC is located in Aventura, FL 33180.
- The URL of the website is https://www.kazainteriors.com
- Kaza Interiors provides interior design services for both commercial and residential clients. The scope of services DOES NOT include contractor services or other services related to construction or remodeling other than the following services.
- In addition, Kaza Interiors sometimes provide freelance work for other interior designers around the US by providing CAD drawings and some rendering work remotely.
- Our services include, without limitation:
a. Floor Plans
c. 3d Models
d. Space Planning
e. Renderings For Commercial And Residential Projects.
Designer’s drawings, plans, and renderings are necessary to conceptualize interior designs to be done in any residence. As such, they are not to be used for architectural or engineering purposes and not drawn for such an end. Designer services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in any interior design project done by designer. KAZA Interiors is not responsible for incorrect measurements provided by the client or for structural, electrical, mechanical, plumbing-related or ventilation-related issues that may arise during the construction phase of the project.
- All Clients shall have a consultation with Kaza Interiors to determine their needs and how Kaza Interiors can meet those needs. A Proposal shall be sent to the Client. The Proposal shall be effective for 30 days after presentation to Client. In the event this Agreement is not executed by Client within the time identified, the Proposal, together with any related terms and conditions and deliverables, may be subject to amendment, change or substitution.
- All invoices are payable within fifteen (15) days of receipt. A monthly service charge of 1.5 percent (or the greatest amount allowed by state law) is payable on all overdue balances. Payments will be credited first to late payment charges and next to the unpaid balance. Client shall be responsible for all collection or legal fees necessitated by lateness or default in payment. Designer reserves the right to withhold delivery and any transfer of ownership of any current work if accounts are not current or overdue invoices are not paid in full. All grants of any license to use or transfer of ownership of any intellectual property rights under this Agreement are conditioned upon receipt of payment in full.
V. CLIENT RESPONSIBILITIES
- Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:
(b) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal; and
(c) final proofreading. In the event that Client has approved Deliverables, but errors remain in the finished product, Client shall incur the cost of correcting such errors.
VI. HOURLY RATES &/or DESIGN FEE
- Agreed hourly rate: The agreed hourly rate for work carried out will be negotiated with Client before work commences. The agreed hourly rate is to remain confidential between both parties. KAZA Interiors reserves the right to change this rate periodically. The Client will be informed in writing should this rate be changed during or at the beginning of a new project.
- General Changes: Unless otherwise provided in the Proposal, and except as otherwise provided for herein, Client shall pay additional charges for changes requested by Client which are outside the scope of the Services on a time and materials basis, at Designer’s standard given hourly rate of one (1) hour minimum in increments of one hour. Such charges shall be in addition to all other amounts payable under the Proposal, despite any maximum budget, contract price or final price identified therein. Designer may extend or modify any delivery schedule or deadlines in the Proposal and Deliverables as may be required because of such changes.
- Substantive Changes: If Client requests or instructs changes that amount to a revision in or near excess of thirty percent (30%) of the time required to produce the Deliverables, and or the value or scope of the Services, Designer shall be entitled to submit a new and separate Proposal to Client for written approval. Work shall not begin on the revised services until a fully signed revised Proposal and, if required, any additional retainer fees are received by Designer.
- Timing: Designer will prioritize performance of the Services as may be necessary or as identified in the Proposal, and will undertake commercially reasonable efforts to perform the Services within the time(s) identified in the Proposal. Client agrees to review Deliverables within the time identified for such reviews and to promptly either, (i) approve the Deliverables in writing or (ii) provide written comments and/or corrections sufficient to identify the Client’s concerns, objections or corrections to Designer. The Designer shall be entitled to request written clarification of any concern, objection or correction. Client acknowledges and agrees that Designer’s ability to meet any and all schedules is entirely dependent upon Client’s prompt performance of its obligations to provide materials and written approvals and/or instructions pursuant to the Proposal and that any delays in Client’s performance or Changes in the Services or Deliverables requested by Client may delay delivery of the Deliverables. Any such delay caused by Client shall not constitute a breach of any term, condition or Designer’s obligations under this Agreement.
VII. RELATIONSHIP OF THE PARTIES
- Independent Party: Designer is an independent contractor of design services (NOT an actual building or construction contractor), not an employee of Client or any company affiliated with Client. Designer shall provide the Services under the general direction of Client, but Designer shall determine, in Designer’s sole discretion, the manner and means by which the Services are accomplished. This Agreement does not create a partnership or joint venture and neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Designer and the work product or Deliverables prepared by Designer shall not be deemed a work for hire. All rights, if any, granted to Client are contractual in nature and are wholly defined by the express written agreement of the parties and the various terms and conditions of this Agreement.
- No Exclusivity: The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Designer, and Designer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Designer.
VIII. LIABILITY LIMITATION AND WARRANTY
- THE SERVICES AND THE WORK PRODUCT OF DESIGNER ARE SOLD “AS IS” and “as available” and to the fullest extent permissible under applicable law. Us and our affiliates disclaim all warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, course of dealing, usage, trade practice, title, non-infringement, non-interference, and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the website will be uninterrupted, error-free or virus-free. The submission of any Customer content and the download or upload of any material through our website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that may result from the download or upload of any such material or from reliance upon the website or information, and you are advised to maintain offline backup copies of all Customer content. We are not the provider of, and make no warranties with respect to, any third-party offerings. We do not guarantee the security of any information transmitted to or from the website or information, and you agree to assume the security risk for any information you provide using the website or information.
- IN ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF DESIGNER, ITS DIRECTORS, OFFICERS, EMPLOYEES, DESIGN AGENTS AND AFFILIATES (“DESIGNER PARTIES”), TO CLIENT FOR DAMAGES FOR ANY AND ALL CAUSES WHATSOEVER, AND CLIENT’S MAXIMUM REMEDY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE NET PROFIT OF DESIGNER. IN NO EVENT SHALL DESIGNER BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE MATERIALS OR THE SERVICES PROVIDED BY DESIGNER, EVEN IF DESIGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IX. TERM AND TERMINATION
- This Agreement between Kaza Interiors and Client shall commence upon the Effective Date of Client agreeing to the Proposal and shall remain effective until the Services are completed and delivered.
- This Agreement may be terminated at any time by either party effective immediately upon notice, or the mutual agreement of the parties, or if any party:
(a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
(b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within ten (10) days from receipt of written notice of such breach.
- In the event of termination, Designer shall be compensated for the Services performed through the date of termination in the amount of
(a) any advance payment,
(b) a prorated portion of the fees due, or
(c) hourly fees for work performed by Designer or Designer’s agents as of the date of termination, whichever is greater; and Client shall pay all Expenses, fees, out of pockets together with any Additional Costs incurred through and up to, the date of cancellation.
(d) Client agrees that in the event of termination, Designer shall have sole discretion in determining the amount owed based on work performed before termination.
X. CANCELLATION / REFUND POLICY
- All cancellations shall be subject to Article VIV.
- Subject to Article VIV, Kaza Interiors does not offer any refunds.
- Kaza Interiors, in its sole discretion, however, on occasion, may determine whether a full or partial refund, if any, may be issued. If, for example, Kaza Interiors determines that there was a technical defect or error on behalf of Kaza Interiors, Kaza Interiors may determine that a refund is warranted.
- Client agrees that any refund, full or partial, must be submitted in writing within 1 week from the discovery of any defect.
XI. ERRORS & REVISIONS
- Kaza Interiors agrees to assume responsibility for any revisions that were caused solely by any error on behalf of Kaza Interiors, and shall make the necessary changes or revisions.
- Client agrees that Kaza Interiors shall have sole discretion in determining whether any error was made by it and to what degree.
- Client agrees that any request for revision must be submitted in writing within 1 week from the discovery of any defect.
XII. FINAL PAYMENT
- Client agrees that before final payment is made, they have reviewed all work and checked all the drawings or renderings.
XIII. DECLINED PAYMENTS
- Kaza Interiors reserves the right to apply an administration charge should a customer’s payment default on paying for Services due to declined credit cards or insufficient funds.
- Customer agrees to be responsible for any payment made to Kaza Interiors that becomes defaulted, and in which any late charges or default fees become attached. In addition, if a payment made by Customer is in error and reversed, the Customer shall be responsible to Kaza Interiors for any error charges that may occur processing the bad payment.
XIV. THIRD-PARTY OFFERINGS
- You may be able to access other websites, websites, content, or Services provided by third-parties via hyperlinks (“links”) that are made available on the Kaza Interiors LLC website. We refer to all such content, websites, and Services as “Third-Party Offerings.” For example, we may permit third parties to advertise their Services on the website, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.
- Kaza Interiors LLC does not assume any responsibility or liability for information accessed via links to or from community Customers third party websites. The existence of such links should not be construed as an endorsement, approval or verification by Kaza Interiors LLC of any content available on linked websites from community Customers. Community Customers may provide links to their personal or business websites as an accommodation to you and solely for information purposes. By providing access to other websites, Kaza Interiors LLC is not recommending the purchase or sale of Services or Services provided by the sponsoring organization or community Customer of any linked websites. Kaza Interiors LLC does not review, monitor or supervise the content of any linked websites. If you choose to access a linked website, you do so at your own risk.
XVI. ACCESS TO OUR INFORMATION
General Restrictions on Use
- The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell or sublicense access to any of this information, hereafter the “Information,” to any third-party. You may use Information only for personal purposes or to learn more about Kaza Interiors LLC or potential employment with Kaza Interiors LLC.
- You agree not to solicit Kaza Interiors LLC or approach Kaza Interiors LLC about any investments. Except as expressly stated herein, no part of the Information may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete, and current.
XVI. OWNERSHIP AND INTELLECTUAL PROPERTY
- As between you and us, we, as applicable, retain all right, title, and interest in Kaza Interiors LLC and the Information, and all related intellectual property rights. Kaza Interiors LLC reserves all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via website or the Information. If you provide Kaza Interiors LLC any personal information, feedback, or suggestions regarding the website or Information (“Feedback”), you hereby assign to Kaza Interiors LLC all rights in the Feedback and agree that Kaza Interiors LLC shall have the right to use such Feedback and related information in any manner it deems appropriate. Kaza Interiors LLC will treat any Feedback you provide to Kaza Interiors LLC as non-confidential and non-proprietary. In addition, Kaza Interiors LLCshalltreat any personal information you provide as confidential and by submitting such information, you agree to allow Kaza Interiors LLC to use any related information in any manner it deems appropriate. You agree that you will not submit to Kaza Interiors LLC any information or ideas that you consider to be confidential or proprietary.
- Accordingly, except as may be expressly authorized, no information or material contained on this website may be reproduced, transmitted, displayed or commercially exploited without the prior written consent of Kaza Interiors LLC.
- Copyright © 2018 Kaza Interiors LLC All Rights Reserved. All rights reserved. All trademarks, logos and Information marks (“Marks”) displayed on its website or in the Information 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.
- We respect the intellectual property of others and ask that you do the same. In connection with our Information, 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 Customers of our website who are repeat infringers of intellectual property rights, including copyrights.
XVII. CUSTOMER CONTENT
A. Customer Content.
- “Customer Content” means any and all information and content that a Customer submits to, or uses with, the website or Information (e.g., content about Services, photographs, or other postings). You are solely responsible for your Customer Content and assume all risks associated with use of your Customer Content. You hereby represent and warrant that your Customer Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your Customer Content is in any way provided, sponsored or endorsed by Kaza Interiors LLC. Because you alone are responsible for your Customer Content (and not Kaza Interiors LLC), you may expose yourself to liability if, for example, your Customer Content violates the Acceptable Use Policy. Kaza Interiors LLC is not obligated to backup any Customer Content and Customer Content may be deleted at any time. You are solely responsible for creating backup copies of your Customer Content if you desire.
- Customer acknowledges that Customers may, from time to time, submit photographs or audio testimonies of themselves to attest to their experiences with the website. You hereby grant permission to Kaza Interiors LLC for the use of such photograph(s), audio recordings, or electronic media images in any presentation of any and all kind whatsoever. Customer understands that Kaza Interiors LLC may use such recordings and images for advertising and marketing purposes and Customer give their permission to do so. Customer understands that they may revoke this authorization at any time by notifying Kaza Interiors LLC in writing. The revocation will not affect any actions taken before the receipt of this written notification. Images will be stored in a secure location and only authorized staff will have access to them. They will be kept as long as they are relevant and after that time destroyed or archived.
C. Acceptable Use Policy
- The following sets forth Kaza Interiors LLC’s “Acceptable Use Policy.” You agree not to use the website or Information to collect, upload, transmit, display, or distribute any Customer 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; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; (vi) that constitutes 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, and (vii) you shall not, without prior written approval of Kaza Interiors LLC, use for your own commercial or financial benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Kaza Interiors LLC.
- We reserve the right (but have no obligation) to review any Customer Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying or terminating your access to Kaza Interiors LLC website, and/or reporting you to law enforcement authorities. All Customers must register with admin any violations. Any violations may be enforced to the fullest extent of the law.
- Injunctive Relief: A breach of this Agreement may cause irreparable and continuing damage to Kaza Interiors LLC for which money damages may be insufficient, and Kaza Interiors LLC shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including money damages if appropriate).
E. Other Customers
- Each Customer is solely responsible for any and all of its Customer Content. Because we do not control Customer Content, you acknowledge and agree that we are not responsible for any Customer Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Customer Content, and we assume no responsibility for any Customer Content. Your interactions with other Customers are solely between you and such Customer. You agree that Kaza Interiors LLC will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any website or Information Customer, we are under no obligation to become involved.
- By using the website, you agree that Kaza Interiors LLC has permission from you to send you website updates and occasional emails. You acknowledge that you will not file can type of claims against Kaza Interiors LLC for doing so, such as for example and without limitation, harassment, spam, or intentional infliction of emotional distress. Customer acknowledges that should they send a request to Kaza Interiors LLC in writing then any updates and emails shall cease.
XIX. LEGAL DISCLAIMER AND EXCLUSIONS OF LIABILITY
- Kaza Interiors LLC is an equal opportunity employer. Kaza Interiors LLC does not discriminate on the basis of race, ethnicity, religion, sex, color, national origin, gender, sexual orientation, genetic information, age, disability, or marital status in its hiring or employment practices.
- Customer is aware that there are inherent risks involved when it comes to the development of the interior design process. Customer acknowledges that Kaza Interiors is not part of that process and is not responsible for any damage, repairs, or claims that may occur as a result of that process.
- Kaza Interiors LLC also disclaims any and all liability regarding any of the content provided by the Customer. We have no way to verify that any of the information listed by Customer is accurate, up-to-date, or fraudulent. Should reliance on any of the Customer Content result in some kind of cause-of-action or injury to the Customer, known or unknown, Kaza Interiors LLC shall have no liability or responsibility.
- Being aware of the above, the Customer takes any information from Kaza Interiors LLC at their own risk. By using any of the information, the Customer agrees NOT TO SUE Kaza Interiors LLC, or any of its agents, employees, or owners, including Karen Azagoury andMax Kligman (collectively hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, breach of contract, breach of warranty, damage, or injury that may be sustained by the Customer as a result of the use of the Services offered by Kaza Interiors Technology, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, negligence, or otherwise, to the fullest extent allowed by law.
- HOLD HARMLESS AND INDEMNIFICATION. Customer agrees that should any claim or cause of action be made against RELEASEES by a third-party, Customer agrees to hold harmless and indemnify RELEASEES, including, but not limited to, court costs and attorney fees.
- By using any of the information or Services offered by Kaza Interiors LLC, Customer agrees to waive any liability and hold RELEASEES harmless of any claims, torts, breach of contract, breach of warranty, acts of negligence, or injuries, whether known or unknown.
- Kaza Interiors LLC expressly disclaims all warranties, expressed or implied, as to the accuracy of any the Customer content provided, or as to the fitness of the information for any purpose.
- No representation or warranty is made that the website or information provides comprehensive or accurate information. We reserve the right to filter, modify or remove content, media, information or any other material from the website or information and from the output of the website or information.
- You also agree to indemnify, hold harmless and, at our option, defend our website, including our affiliates, officers, directors, employees, agents, and any third-party information providers, from and against all damages, claims, demands, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from any violation of these terms or applicable law or your Customer content.
XX. GENERAL PROVISIONS
- Modifications to Terms. We may change these Terms from time to time. If you object to any such changes, your sole recourse will be to cease using the website and reading any more of the Information. Continued use of the website or the Information following posting of any such changes will indicate your acknowledgment of such changes and your agreement to be bound by the revised Terms, inclusive of such changes.
- Modifications to Information. We reserve the right to modify the website and/or Information at any time without notice. If you object to any changes to the website or Information, your sole recourse will be to cease using the website and Information. Continued use of the website or Information following posting of any such changes will indicate your acknowledgment of such changes and satisfaction with the Information as so modified. We also reserve the right to discontinue the website and/or Information at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the website.
- Severability. If any provision (or portion of thereof) of these Terms and Conditions is declared by an arbitrator, mediator, or court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and, as far as possible, the arbitrator, mediator, or court shall limit the scope or application of the affected clause to the least extent possible in order that it may be valid and enforceable.
- Governing Law. I hereby further agree that these Terms and Conditions shall be construed in accordance with the laws of the State of Florida and the County of Miami-Dade, and that any mediation, suit, or other proceedings must be filed only in that jurisdiction, even if Customer is outside that jurisdiction.
- Remedies. Customer agrees that any controversy or claim arising out of or relating the Terms and Conditions shall be first settled by arbitration. Customer agrees that any arbitrator shall be decided upon by Kaza Interiors Technology. Should arbitration fail, Customer agrees that they may then have their legal issue resolved by the courts.
- Legal Fees. In the event of any legal or equitable proceeding (arbitration or mediation) arising out of or in connection with the parties’ obligation under these Terms and Conditions, the prevailing party shall recover its reasonable attorneys’ fees and costs, including reasonable costs for experts. The prevailing party shall be the party who obtained substantially the same remedy requested, whether by judgment, appeal, settlement, or award.
- Contact Information. If you have any questions regarding Kaza Interiors LLC, you can contact us at:
(305) 771 5523
Last modified as of October 23, 2018