TERMS AND CONDITIONS
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1. SCOPE OF AGREEMENT
These terms and conditions (the "Terms and Conditions") govern the use of www.koaresources.com (the "Site"). This Site is owned and operated by KOA RESOURCES. This Site is a business support services Site. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
2. INTELLECTUAL PROPERTY
All content published and made available on our Site is the property of KOA RESOURCES and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
3. AGE RESTRICTIONS
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.
4. ACCEPTABLE USE
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
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Violate the intellectual property rights of the Site owners or any third party to the Site;
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Hack into the account of another user of the Site; or
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Act in any way that could be considered fraudulent.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
5. ACCOUNTS
When you create an account on our Site, you agree to the following:
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You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
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All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
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6. THIRD PARTY GOODS AND SERVICES
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
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7. LINKS TO OTHER WEBSITES
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
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8. LIMITATION OF LIABILITY
KOA RESOURCES and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
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9. INDEMNITY
Except where prohibited by law, by using this Site you indemnify and hold harmless KOA RESOURCES and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
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10. APPLICABLE LAW
These Terms and Conditions are governed by the laws of the Commonwealth of Virginia.
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11. DISPUTE RESOLUTION
Subject to any exceptions specified in these Terms and Conditions, if you and KOA RESOURCES are unable to resolve any dispute through informal discussion, then you and KOA RESOURCES agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and KOA RESOURCES. The costs of any mediation or arbitration will be paid by the unsuccessful party. Notwithstanding any other provision in these Terms and Conditions, you and KOA RESOURCES agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
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12. SEVERABILITY
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
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13. CHANGES
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
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14. SMS & EMAILS
KOA Resources would like to continue connecting with you via email & SMS text. We use a notification service to connect with clients, prospects and past clients through voice, SMS text, email, and social media. By adding your email or phone number in an application you consent to receive email and or SMS messages (including text messages), and telephone calls (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone communicating on our behalf at the specific number(s) you have provided to us, with service-related information, questions about your use of the Services, and/or Even Account and marketing information. You certify, warrant, and represent that the telephone number you have provided to us is your contact number and not someone else’s. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number. Even our agents, representatives, affiliates, and anyone calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, e-mails, or other means. Standard message and data rates may apply to all SMS messages (including text messages). We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you. If you prefer to be removed from our list, please contact us at info@koaresources.com with the message removed from all email messages. To unsubscribe from our text message please reply STOP to the message received.
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15. CONTACT DETAILS
Please contact us if you have any questions or concerns. Our contact details are as follows:
(866) 867-3768
info@koaresources.com
7708 Richmond Highway #1002 Alexandria, VA 22306
You can reach us through the contact Us form available on our Site.
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16. DISCLAIMER OF WARRANTY
THE KOA RESOURCES WEBSITES AND SERVICES ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE KOA RESOURCES WEBSITES AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE KOA RESOURCES WEBSITES AND/OR OUR SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE KOA RESOURCES WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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17. MISCELLANEOUS
KOA Resources restricts the use of its logo, express, written permission must be obtained from KOA Resources for any other use of KOA Resources’s logo. No corporation, organization, or individual client of KOA Resources may use KOA Resources's logo to state or imply that it is a part of KOA Resources.
This Agreement may not be modified by anyone except in writing signed by an authorized officer of KOA Resources. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination.
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​Invoice Terms & Conditions
SERVICES
KOA Resources will provide clients with the listed services, and clients have the option to request additional services afterwards.
PRE-PROJECT CONSULTATION
KOA Resources will conduct one pre-service consultation with clients. The Parties will agree on a suitable date and time for the consultation, which can be conducted via phone call or video.
COST
The invoice will include the total cost of all services provided by KOA Resources. The total cost encompasses KOA Resources' services, setup time, travel time, out-of-pocket costs, software licenses, administrative fees, assistance, and subcontractor costs. Payment should be made according to the invoice instructions.
FEES
Unless otherwise stated in writing, KOA Resources requires full payment for the selected setup service at least 24 hours before the setup starts or on the same day of setup.
MERCHANT FEES
Please note that a 3.5% merchant fee will be applied to card payments, and a 2% merchant fee will be applied to EFT payments. If you prefer to avoid these charges, you can make a payment using Zelle. The Zelle number for payment is 3014100900, and the account name is AGAMCAMAA LLC. Thank you.
LATE FEES
If KOA Resources does not receive payment from a client within fourteen calendar days of any payment date, the client will be charged a late fee of $25 for each month the payment is overdue.
EXPENSES
The client is responsible for the payment and delivery of any third-party software licenses or products that they want KOA Resources to utilize. Each third-party charge must be paid by the client.
RETURN PAYMENT
Once work has begun, the client will not be reimbursed for canceled services. All sales are final. A $50 charge will be applied for return process payments.
ACCOUNT ACCESS
The client must provide KOA Resources with access to all necessary software by the date specified in the email accompanying the invoice.
CONFIDENTIALITY
Both parties agree to treat all information related to this Agreement, the provided services, and their respective businesses as confidential. This information will only be used in connection with fulfilling the terms of this Agreement. If the Agreement is terminated, both parties will return all confidential information, including account access details, to the original party. Neither party will disclose any confidential information to third parties. This Agreement does not apply to information that was already in possession, is publicly known, is received from a third party without a duty of confidentiality, or is independently developed by either party.
RELATIONSHIPS OF THE PARTIES
KOA Resources and any related sub-KOA Resources are not considered employees, partners, or members of the client's company or organization. KOA Resources has the sole right to control and direct the services provided in this Agreement. KOA Resources may hire assistants, subcontractors, or employees to provide services to the client. Each party is responsible for their own business operations and expenses, including licensing fees, insurance, taxes, registrations, or permits. The client is not responsible for providing benefits, workers' compensation, insurance, or unemployment fees to KOA Resources.
INTELLECTUAL PROPERTY
All work produced in connection with this Agreement is owned solely by KOA Resources. KOA Resources grants the client a non-transferable, non-exclusive, royalty-free license to use the designs produced for the specific purpose of the provided services. Unauthorized use of the designs for purposes other than specified herein may result in additional fees and/or royalty payments to KOA Resources. Each party owns their respective trademarks and intellectual property used in their normal course of business and agrees not to infringe upon or use the other party's intellectual property except in the course of providing services to the client. Any work created as a result of KOA Resources' services is
considered a work for hire and is assigned to and owned by the client upon creation.
STYLE RELEASE
KOA Resources will make reasonable efforts to ensure that the client's services are carried out in a style consistent with its current services and will consider any suggestions made by the client. However, the client acknowledges that every client and final delivery is unique, with different tastes, budgets, and needs.
LIMIT OF LIABILITY
The client agrees that the maximum amount of damages she is entitled to in any claim arising from this Agreement or the provided services will not exceed KOA Resources' total cost as listed in this Agreement.
INDEMNIFICATION
The client agrees to indemnify and hold harmless KOA Resources, its employees, agents, and independent contractors from any injury, property damage, liability, claim, or cause of action arising from or related to the provided services.
ASSUMPTION OF RISK
The client and related parties/participants expressly assume any risks associated with the services and related activities described herein.
CLIENT DESIRES TO CANCEL OR RESCHEDULE
If the client wishes to cancel the services provided by KOA Resources for any reason, the client must provide at least 60 days' notice to KOA Resources. Services may be rescheduled with at least 24 hours' notice. Providing notice does not relieve the client of any outstanding payment obligations. KOA Resources is not obligated to refund any previously paid amounts, but may issue a credit for future services at its discretion if further services can be re-booked before the client's final delivery date.
KOA Resources DESIRES TO CANCEL OR RESCHEDULE
If KOA Resources is unable or unwilling to fulfill its obligations under this Agreement, it will promptly notify the client. KOA Resources may then attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonable percentage of services rendered. If no reasonable substitute is found and a refund is issued, KOA Resources will be relieved of any further performance obligations under this Agreement.
FORCE MAJEURE
Either party may be excused from further performance obligations if a catastrophic event occurs that is beyond their control and materially affects the performance of services. Such events may include acts of God, wars, invasions, embargoes, or other hostilities, as well as hazardous situations created outside the control of either party, such as riots, nuclear leaks or explosions, or acts or threats of terrorism.
NO-SHOWS
If it becomes impossible for KOA Resources to provide services due to the fault of the client or related parties, such as failure to provide necessary elements or complete tasks in a timely manner, KOA Resources may, at its sole discretion, allow for additional time or dates to render services. In such cases, any outstanding amount will become immediately due and payable to KOA Resources.
GOVERNING LAW
All matters arising under or relating to this Agreement, including torts, will be governed by the laws of Virginia.
NOTICE
Parties should provide effective notice to each other, including payments or invoices, through one of the following methods:
- Fax: 1804-294-5600
- Email: info@koaresources.com
- Paper Mail: 7708 Richmond Highway #1002, Alexandria, VA 22306
Alternatively, the client can reach out through the contact form available on the KOA Resources website. The client can use their email, mail, fax, or the alternative route to communicate.
SEVERABILITY
If any portion of this Agreement is deemed illegal or unenforceable, the remaining provisions will remain in full force, as long as the essential provisions for each party remain legal and enforceable.
AMENDMENTS
The parties may only amend this Agreement through a written agreement with proper notice.
ASSIGNMENTS
Neither party may assign or subcontract any rights or obligations under this Agreement without proper notice, unless otherwise provided herein.
TITLES
The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of the Agreement.