Terms of Service

1. Services covered

KOM offers the services shown on the Site across fixed-price services, maintenance and construction. Any other service, product or plan applies only where expressly shown on the Site or confirmed by KOM in writing.

We work Monday to Friday, 9am to 8pm Eastern, and are closed on the US federal holidays we observe.

2. Eligibility and permitted use

You may use the Site only if you are legally capable of entering into a binding agreement and are using it for lawful purposes. You agree not to:

• •use the Site in violation of any law or regulation;
• •interfere with the Site's operation or security;
• •attempt unauthorised access to the Site or related systems;
• •submit false, misleading or fraudulent information; or
• •copy, reproduce, distribute, scrape or exploit Site content except as permitted by law or with our prior written consent.

3. Site content is informational

Service descriptions, images and pricing on the Site are intended to help you evaluate and request work. The final details of any specific job depend on site conditions, our review and written confirmation from KOM. Nothing on the Site substitutes for an in-person inspection of your property.

4. Requests, scheduling and confirmation

A request submitted through the Site is a request, not a confirmed appointment. Every request is reviewed by KOM, and we contact you to confirm the details and the time before any work is scheduled.

You choose a preferred date rather than a time slot; the time is agreed on the confirming call. We ask for a minimum of two business days' notice. If you need to cancel or reschedule a confirmed appointment, please give us at least 24 hours' notice.

KOM may reschedule or cancel where necessary for safety, weather, staff or vendor availability, parts availability or other reasonable operational reasons.

5. Fixed prices and what they assume

Prices published on the Site are the price for the specific service shown, and they are exact prices rather than starting prices. Unless stated otherwise, they assume a standard residential job with reasonable access and no unusual site conditions.

Additional charges may apply where the actual job requires them — for example permits, code compliance work, access limitations, disposal outside the standard scope, or non-standard existing conditions. Where that happens, KOM will tell you the revised scope and price before proceeding.

6. Consultations and estimates

Some work is quoted after we see it rather than priced on the Site. A standard consultation is one hour and is charged at $149 per hour, so a longer visit is billed by the hour.

The consultation fee is non-refundable and is payable whether or not you decide to go ahead with the work. If you do proceed, the fee is credited against the job.

No work proceeds unless you approve the scope and price.

7. Your responsibilities

You agree to:

• •give us accurate and complete information;
• •provide safe and reasonable access to the property and work area;
• •tell us about relevant known site conditions;
• •make sure an authorised adult is available where required;
• •secure pets and maintain a reasonably safe working environment; and
• •obtain any permission needed from a landlord, owner or association if you are not the property owner.

KOM is not responsible for delays, added costs or inability to perform caused by inaccurate information, denied access, unsafe conditions or missing permissions.

8. Contractors and vendors

KOM may carry out work through contractors or vendors we engage. KOM remains the customer-facing contracting party unless we state otherwise in writing, though scheduling and on-site work may involve third-party personnel.

9. Payments

You agree to pay the charges applicable to the approved work, including service charges, materials, consultation fees, permit fees, taxes and any additional charges you have approved.

Invoices are issued through Intuit QuickBooks. The payment service is provided by Intuit Payments Inc., and payment transactions may be subject to that provider's own terms and policies.

10. Warranties

Any warranty on work carried out by KOM is as stated in the written estimate, invoice or service document for that job. Manufacturer warranties on equipment remain subject to the manufacturer's own terms, conditions, exclusions and claims procedures.

Except as expressly stated in writing, KOM provides no additional warranty.

11. Communications and electronic records

By giving us your contact details you agree that we may contact you about your request, scheduling, reminders, coordination of the work, invoices, support and related operational matters. You may opt out of promotional messages at any time.

You agree that approvals, invoices, confirmations and related records may be created, sent, stored and enforced electronically to the extent permitted by law.

12. Intellectual property

The Site and its content — text, logos, graphics, design, layout, branding and images — are owned by or licensed to KOM and protected by intellectual property laws. You may not copy, republish, distribute or create derivative works from Site content without our prior written permission, except as permitted by law.

13. Content you submit

If you send us reviews, comments, photos, testimonials or feedback, you grant KOM a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt, publish and display that content for business and marketing purposes, subject to applicable law and our Privacy Policy. You confirm you have the right to provide anything you submit.

14. Third-party links and tools

The Site links to and uses third-party services. KOM is not responsible for their availability, content, practices or policies, and your use of them may be governed by separate terms.

15. Disclaimer of warranties

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Nothing in these Terms excludes any rights that cannot lawfully be excluded.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, OR TO ANY SERVICE TRANSACTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KOM'S TOTAL LIABILITY FOR CLAIMS RELATING TO THE SITE ALONE SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID THROUGH THE SITE FOR THE TRANSACTION GIVING RISE TO THE CLAIM, OR $100. FOR CLAIMS RELATING TO SERVICES, KOM'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID TO KOM FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.

These limitations apply only to the extent permitted by law and do not exclude liability that cannot lawfully be limited.

17. Indemnification

You agree to indemnify and hold harmless KOM and its owners, officers, employees, contractors, agents and vendors from claims, liabilities, damages, losses and expenses arising out of your misuse of the Site, your violation of these Terms or of law, or your infringement of any third-party rights.

18. Governing law

These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any dispute shall be brought exclusively in the state or federal courts located in Michigan, and you consent to their jurisdiction and venue. There is no arbitration requirement under these Terms.

19. Order of precedence

If these Terms conflict with a job-specific estimate, invoice, service authorisation or warranty document issued by KOM, the job-specific document controls for that transaction.

20. Severability and changes

If any provision of these Terms is found unenforceable, the rest remain in full force. KOM may update these Terms from time to time; when we do, the "Last updated" date will be revised, and continued use of the Site after that constitutes acceptance.

21. Contact

KOM Construction LLC, doing business as KOM USA

• •2712 Northwestern St, Detroit, MI 48206, United States
• •Email: contact@kom-usa.com
• •Maintenance: 248-270-7165
• •Construction: 313-804-0844