Please read these terms and conditions carefully before using our services.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and KAZTEK LLC ("KAZTEK," "we," "us," or "our"), a limited liability company registered in the State of Indiana, governing your access to and use of the website mkaztek.com, our mobile applications, web platforms, and all related services (collectively, the "Services").
By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our Services.
KAZTEK LLC provides professional software development and technology services, including but not limited to:
The specific scope, deliverables, timelines, and pricing for any project will be outlined in a separate Statement of Work (SOW) or project agreement between KAZTEK and the Client.
As a client engaging our services, you agree to:
Upon full payment for completed services, the Client shall own all intellectual property rights to the custom deliverables created specifically for them, unless otherwise specified in a separate agreement.
KAZTEK retains ownership of:
Some deliverables may incorporate open-source software components. Such components remain subject to their respective open-source licenses. KAZTEK will disclose any significant open-source dependencies used in your project.
Any changes to the agreed project scope must be documented in writing as a Change Order. Change Orders may affect project timelines and costs. Both parties must approve Change Orders before additional work begins. KAZTEK will provide estimates for any scope changes before proceeding.
KAZTEK warrants that all services will be performed in a professional and workmanlike manner consistent with industry standards. We will correct any defects in deliverables reported within 30 days of delivery at no additional cost.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. KAZTEK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
To the maximum extent permitted by applicable law:
Both parties agree to maintain the confidentiality of any proprietary or sensitive information exchanged during the course of the engagement. This obligation survives the termination of any agreement between the parties. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.
Either party may terminate the engagement with 30 days' written notice. The Client shall pay for all work completed and expenses incurred up to the effective date of termination.
Either party may terminate immediately if the other party materially breaches these Terms and fails to cure such breach within 15 days of written notice.
Upon termination, KAZTEK will deliver all completed work product to the Client, subject to full payment. Sections related to intellectual property, confidentiality, limitation of liability, and governing law shall survive termination.
When using our website, you agree not to:
You agree to indemnify, defend, and hold harmless KAZTEK LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your use of our Services, or your violation of any rights of a third party.
These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions. Any disputes arising from these Terms shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in Fort Wayne, Indiana, in accordance with the rules of the American Arbitration Association.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
These Terms, together with any project agreements, SOWs, and our Privacy Policy, constitute the entire agreement between you and KAZTEK LLC regarding the subject matter herein. These Terms supersede all prior negotiations, representations, and agreements relating to this subject matter.
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting updated Terms on our website with a new effective date. Your continued use of our Services after changes are posted constitutes acceptance of the updated Terms.
If you have any questions about these Terms of Service, please contact us: