By accessing or using the website located at https://www.jklbuild.buzz and any services provided by JKL Build LLC, you agree to be legally bound by these Terms of Service. If you do not agree with any provision of these terms, you must discontinue use of our website and services immediately. These terms constitute a binding legal agreement between you and JKL Build LLC.
JKL Build LLC provides professional services in computer systems design, systems integration, and related technical consulting. Our services include but are not limited to computer integrated systems design, enterprise systems architecture, cloud infrastructure engineering, network design and implementation, cybersecurity integration, data systems engineering, and DevOps consulting. Specific deliverables, timelines, and compensation for each engagement are defined in separate service agreements, statements of work, or project proposals agreed upon by both parties in writing.
Clients engaging JKL Build LLC agree to provide accurate, complete, and timely information necessary for the successful delivery of our services. This includes but is not limited to providing access to relevant systems and infrastructure, designating a point of contact for communications, reviewing and approving deliverables within agreed timeframes, and making timely payments according to the payment schedule. Clients are responsible for maintaining the confidentiality of any credentials provided for system access and for ensuring their internal teams comply with security protocols established during engagements.
All deliverables, designs, architectures, documentation, code, configurations, and other work product created by JKL Build LLC specifically for a client during an engagement shall become the intellectual property of the client upon full and final payment for the services rendered, unless otherwise specified in a written agreement. JKL Build LLC retains all rights to pre-existing tools, frameworks, libraries, methodologies, templates, and proprietary knowledge used in the course of delivering services. Nothing in these terms shall be construed as transferring ownership of JKL Build LLC's core intellectual property or restricting our ability to use general skills, knowledge, and experience gained during engagements for future work.
Fees for services are specified in individual service agreements or project proposals. Unless otherwise agreed in writing, payment terms are net thirty days from the date of invoice. All fees are quoted and payable in United States Dollars. Late payments may be subject to a finance charge of 1.5% per month on the outstanding balance, or the maximum rate permitted by Utah law, whichever is less. Client shall reimburse JKL Build LLC for all reasonable costs incurred in collecting past due amounts, including attorney fees. All fees are exclusive of applicable taxes, which shall be the responsibility of the client.
Both parties acknowledge that during the course of an engagement, each may have access to confidential and proprietary information belonging to the other. Confidential information includes trade secrets, business strategies, financial data, technical specifications, source code, network architectures, security configurations, customer lists, and any other information designated as confidential in writing or that a reasonable person would understand to be confidential under the circumstances.
Each party agrees to protect the other's confidential information with at least the same degree of care used to protect its own confidential information, and not to disclose such information to any third party without prior written consent, except as required by law. This confidentiality obligation survives termination or expiration of any service agreement for a period of five years, or indefinitely for trade secrets.
To the fullest extent permitted by applicable law, JKL Build LLC shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, business interruption, loss of data, or reputational harm, arising from or related to these terms or our services, regardless of the legal theory asserted and even if advised of the possibility of such damages.
The total aggregate liability of JKL Build LLC for any and all claims arising from or relating to these terms or our services shall not exceed the total fees paid by the client to JKL Build LLC during the twelve months immediately preceding the event giving rise to the claim. These limitations of liability are fundamental elements of the basis of the bargain between the parties and shall apply notwithstanding any failure of essential purpose of any limited remedy.
JKL Build LLC provides all services on an as-is and as-available basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing, usage, or trade practice. We do not warrant that our services will be error-free, uninterrupted, or that any defects will be corrected.
Client agrees to indemnify, defend, and hold harmless JKL Build LLC, its officers, directors, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from or related to the client's use of our services or website, the client's violation of these terms, the client's infringement of any third-party rights, or any negligent or wrongful conduct by the client or its personnel.
Either party may terminate a service engagement by providing thirty days written notice to the other party. JKL Build LLC may terminate an engagement immediately upon written notice if the client breaches any material term of these terms or an applicable service agreement and fails to cure such breach within ten days of receiving notice. Upon termination, the client shall pay for all services rendered through the date of termination, including all reimbursable expenses incurred. Provisions concerning intellectual property, confidentiality, limitation of liability, indemnification, and governing law shall survive termination.
These Terms of Service and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. The parties agree that any legal action or proceeding arising from these terms shall be brought exclusively in the state or federal courts located in Utah County, Utah. The parties consent to the personal jurisdiction of such courts and waive any objection based on improper venue or forum non conveniens.
Before initiating formal legal proceedings, the parties agree to first attempt to resolve any dispute through good-faith negotiations. If negotiations fail, the parties may pursue all available legal remedies. The prevailing party in any legal action shall be entitled to recover its reasonable attorney fees and costs from the non-prevailing party.
JKL Build LLC shall not be liable for any delay or failure to perform its obligations under these terms or any service agreement if such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, epidemics or pandemics, labor disputes, failure of utilities or telecommunications infrastructure, or cyber attacks not caused by our negligence. Performance timelines shall be extended by the duration of any such force majeure event.
JKL Build LLC reserves the right to modify these Terms of Service at any time. Material changes will be effective upon posting of the updated terms on our website. We will make reasonable efforts to notify active clients of material changes via email or through our website. Continued use of our website or services after modifications are posted constitutes acceptance of the updated terms. It is your responsibility to periodically review these terms for changes.
These terms, together with any applicable service agreements or statements of work, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous communications, whether written or oral. If any provision of these terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. These terms may not be assigned by the client without prior written consent of JKL Build LLC.
JKL Build LLC
491 N 800 E
Genola, UT 84655-5017
United States
Email: chat@jklbuild.buzz
Phone: +12624014382
Website: https://www.jklbuild.buzz