Effective: November 7th, 2020.
Updated: January 12th, 2022.
These terms of service constitute a legally binding agreement (the “Agreement”) between you and Taylor Development Group, LLC DBA Kandu (“Kandu” “we,” “us” or “our”) governing your use of the Kandu website and technology platform (collectively, the “Kandu Platform” or “Platform”).By entering into this Agreement, and/or by using or accessing the Kandu platform (whichever comes first) you expressly acknowledge that you understand this Agreement (including the dispute resolution provisions herein) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE KANDU PLATFORM.
The Kandu Platform provides a platform where persons who seek assistance with product assembly, installation, delivery, and/or related services (“Customer”) can be matched with persons capable of providing such services (“Technicians”). Customers and Technicians are collectively referred to as “Users”. As a User, you authorize Kandu to match you with a Customer or Technician, as the case may be, based on factors such as your location, type of service requested, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the services provided by Technicians to Customers that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Technician to a User shall constitute a separate agreement between such persons.
Third Party Applications
The Kandu Platform may use and/or integrate with third-party software, applications, and/or website services. These services have their own respective Terms of Service and Privacy Policies. By using the Kandu platform, you agree to abide by the policies of any third-party service utilized by the Platform.
The Kandu Platform may only be used by individuals who can form legally binding contracts under applicable law. The Kandu Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
Modification to the Agreement
In the event Kandu modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Kandu reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Kandu Platform or Services after any such changes shall constitute your consent to such changes.
As a Customer, you understand that request or use of the Services will result in charges to you (“Charges”). Charges include all applicable fees, surcharges, and taxes. Kandu has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms or quoting you a price for a specific service at the time you make a request. Pricing may vary based on the type of service you request. You are responsible for reviewing the applicable price quote and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.Your selected payment method will be charged for the full service fee upon completion of the appointment. Projects that cannot be fully completed due to missing parts, pieces, components, documentation, and/or project misrepresentation by Customer, or any other situation outside of Kandu’ control, will be charged the full service charge, and a follow-up appointment can be scheduled if the Customer so chooses for an additional charge.
All Charges are facilitated through a third-party payment processing service. Kandu may replace its third-party payment processing services without notice to you. Charges shall only be made through the Kandu Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Kandu satisfies your payment obligation for your use of the Kandu Platform and Services.All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Kandu Platform, any disruption to the Kandu Platform or Services, or any other reason whatsoever.You may receive coupons that you can apply toward payment of certain Charges upon completion of a Service. Coupons are only valid for use on the Kandu Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your Service exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Service. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or through other communications from Kandu.Upon addition of a new payment method or each Service request, Kandu may seek authorization of your selected payment method to verify the payment method, ensure the Service cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We will not be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Fees for Service
Kandu will quote you a price for service at the time of your request. The quote is subject to change until the request is confirmed by the Customer and Technician.
After requesting a Service you may cancel it through the Kandu Platform, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to be present at the place of service during the confirmed appointment arrival window.
Other fees and surcharges may apply to your Service, including: state or local fees and processing fees. In addition, where required by law Kandu will collect applicable taxes or other costs.
Following the completion of the Service, you may elect to tip your Technician in cash. Any tips will be retained entirely by the Technician.
Payments to Technicians
If you are a Technician, you will receive payment for your completion of Services pursuant to the terms of this Agreement and any other agreement that may be entered into between you and Kandu from time to time.
Technicians are entitled to a payment for the Services performed for Customers as calculated by Kandu and agreed upon by Technician when Technician confirms through the Platform to perform the Service. If a Technician cancels the Service, we may charge the Technician a cancellation fee. In addition to the foregoing types of payments that may be earned by Technician, Technician will receive the following payments, if applicable: (i) any tips provided by a Customer to you and (ii) any damage charges we collect on your behalf.
Kandu, through its third party payment processor will be responsible for collecting payments owed to you by Customers as your limited payment collection agent and you agree that the receipt of such payments by Kandu satisfies the Customer’s obligation to you. Kandu expressly reserves the right to adjust or withhold all or a portion of such payment or other payment owed to you (except tips) provided that Kandu’ decision to adjust, deduct, or withhold payment shall be exercised in a reasonable manner and Kandu will take reasonable steps to remit such payments to you on a weekly basis, subject to Kandu’ reasonable business practices and events outside of Kandu’ reasonable control. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that Kandu may withhold. Kandu may suspend Technician or impose a monetary penalty on account of deficient or untimely Services.
By entering into this Agreement or using the Platform, whichever comes first, you agree to receive communications from us, including via email, text message, phone calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Kandu, its affiliated companies and/or Technicians, may include but are not limited to: operational communications concerning your User account or use of the Kandu Platform or Services, updates concerning new and existing features on the Kandu Platform, communications concerning promotions run by us or our third-party partners, and news concerning Kandu. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You may opt out of text message, phone call, and/or email correspondence at any time; however, you acknowledge that doing so may impact your ability to use the Platform.
Promotions and Discounts
Kandu, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing on your Agreement or relationship with Kandu. Kandu reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Kandu determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
With respect to your use of the Kandu Platform and your participation in the Services, you agree that you will not:impersonate any person or entity;
stalk, threaten, or otherwise harass any person;violate any law, statute, rule, permit, ordinance or regulation;interfere with or disrupt the Kandu Platform or the servers or networks connected to the Kandu Platform;post Information or interact on the Kandu Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;use the Kandu Platform in any way that infringes any third party’s rights;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;manipulate identifiers in order to disguise the origin of any information transmitted through the Kandu Platform;“frame” or “mirror” any part of the Kandu Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose;modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Kandu Platform or any software used on or for the Kandu Platform;rent, lease, lend, sell, redistribute, license or sublicense the Kandu Platform or access to any portion of the Kandu Platform;use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Kandu Platform or its contents;transfer or sell your User account, password and/or identification to any other party;discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
cause or assist any third party to engage in the restricted activities above.
By providing Services as a Technician on the Kandu Platform, you represent, warrant, and agree that:You will never attempt to collect payment for Service(s) from Customer through means outside of the Platform.You are liable for any damages caused to a third party’s property and belongings, while representing Kandu and performing a service you claimed through Kandu and that you will reimburse the customer and/or Kandu for any damages in connection with the damages you caused while performing the services in question.You will present yourself in a professional, courteous, and friendly manner while performing Service(s).You possess a valid driver’s license and are authorized and medically fit to operate a vehicle and have all appropriate licenses, approvals and authority to provide Services.You own, or have the legal right to operate, all personal property you use when providing Services, and such personal property is in good operating condition and meets the industry safety standards and all applicable legal requirements, if any.You will not engage in reckless behavior while performing the Services, permit any third party other than another authorized Technician to accompany you while providing Services, provide Services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of Users, Kandu, or third parties.You will not attempt to defraud Kandu or Customers on the Kandu Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold all applicable payments for the Service(s) in question.You agree that we, or our designee, may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.You agree at all times while you are a Technician to have and maintain at your expense your own valid policy of liability insurance coverage that names you or schedules you for provision of Services in such amounts and with such non-monetary requirements consistent with all applicable legal obligations and as Kandu may require from time to time. You shall provide proof of such coverage to Kandu from time to time upon Kandu’ request.You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
All intellectual property rights in the Kandu Platform shall be owned by Kandu absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Kandu Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Kandu as of the moment of creation or provision to Kandu, whichever occurs first. Kandu shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.Kandu and other Kandu logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Kandu in the United States and/or other countries (collectively, the “Kandu Marks”).You acknowledge that Kandu is the owner and licensor of the Kandu Marks, including all goodwill associated therewith. You agree that you will not: (1) use, allow others to use, or create any materials that use the Kandu Marks or any derivatives of the Kandu Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Kandu in writing; (2) use the Kandu Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Kandu Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Kandu’ rights as owner of the Kandu Marks or the legality and/or enforceability of the Kandu Marks, including, challenging or opposing Kandu’ ownership in the Kandu Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Kandu Marks, any derivative of the Kandu Marks, any combination of the Kandu Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Kandu Marks; (5) use the Kandu Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.If you create any materials bearing the Kandu Marks (in violation of this Agreement or otherwise), you agree that upon their creation Kandu exclusively owns all right, title and interest in and to such materials, including any modifications to the Kandu Marks or derivative works based on the Kandu Marks. You further agree to assign any interest or right you may have in such materials to Kandu, and to provide information and execute any documents as reasonably requested by Kandu to enable Kandu to formalize such assignment.
Kandu respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Kandu Platform or Services infringe upon your copyrights, please contact us at email@example.com.
The following disclaimers are made on behalf of Kandu, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.We cannot ensure that a User will complete an arranged Service. We have no control over the quality or safety of the Services performed by a Technician.We do not guarantee and do not promise any specific results from use of the Kandu Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Kandu Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Kandu Platform will be corrected, or that the Kandu Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Kandu Platform or Services.We cannot guarantee that each User is who he or she claims to be.
Kandu is not responsible for the conduct, whether online or offline, of any User of the Kandu Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal property of any User. By using the Kandu Platform and participating in the Services, you agree to accept such risks and agree that Kandu is not responsible for the acts or omissions of Users on the Kandu Platform or participating in the Services.You are responsible for the use of your User account and Kandu expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.We are not responsible for the use of any personal information that you disclose to other Users on the Kandu Platform or through the Services. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).Opinions, advice, statements, offers, or other information or content concerning Kandu or made available through the Kandu Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Kandu Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Kandu Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.Location data provided by the Kandu Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Kandu, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Kandu Platform. Any of your Information you provide on the Kandu Platform may be accessible to Kandu and certain Users of the Kandu Platform.
You will forever release, defend, indemnify, and hold Kandu and our affiliates, subsidiaries, parents, successors and assigns, and each of our and their respective officers, directors, employees, attorneys, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of the Kandu Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including other Users, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Kandu Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of any personal property used in or related to the Services, including your provision or receipt of Services; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL KANDU, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “KANDU” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE KANDU PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE KANDU PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE KANDU PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT KANDU HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Term and Termination
This Agreement is effective upon your use of the Kandu Platform. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Kandu; or b) by either Party immediately, without notice, upon the other Party’s material breach of any provision of this Agreement. In addition, Kandu may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services, or fail to comply with rule, permit, ordinance or regulation; (2) you fall below Kandu’s star rating or cancellation threshold; (3) Kandu has the good faith belief that such action is necessary to protect the safety of the Kandu community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Kandu reasonable satisfaction prior to Kandu permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Kandu satisfaction, this Agreement will not be permanently terminated. All provisions that by their nature should survive the termination or expiration of this Agreement shall survive any termination or expiration of this Agreement.
Dispute Resolution and Venue
This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Kentucky, excluding choice of law rules. Jurisdiction and Venue for any action shall be exclusively in the state or federal courts serving the County of Oldham, Kentucky, to which jurisdiction and venue the parties irrevocably consent. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Kandu’ business, operations and properties, software (including the Kandu website), information about a User made available to you in connection with such User’s use of the Kandu Platform, which may include the User’s name, location, contact information and photo (“Confidential Information”) disclosed to you by Kandu for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all necessary measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Kandu in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Kandu with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Kandu or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Kandu; becomes known to you, without restriction, from a source other than Kandu without breach of this Agreement by you and otherwise not in violation of Kandu’ rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Kandu to enable Kandu to seek a protective order or otherwise prevent or restrict such disclosure. Notwithstanding the generality of the foregoing, You agree not to reverse engineer, disassemble, decompile, or otherwise modify or disclose any Kandu software or other tangible or intangible property which contain Confidential Information.
Technician’s Relationship with Kandu
As a Technician on the Kandu Platform, you acknowledge and agree that you and Kandu are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Kandu expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Kandu; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Kandu, and you undertake not to hold yourself out as an employee, agent or authorized representative of Kandu. You further acknowledge and agree that you are not an employee of Kandu for any purpose, including, inter alia, for purposes of the Fair Labor Standards Act, the Employee Retirement Income Security Act, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act and Income Tax Withholding, or for the purposes of any employee benefit plans or “fringe benefits” which may otherwise be offered by Kandu to its employees. You shall be responsible for compliance with all laws and regulations with respect to its provision of Services and for all applicable withholding, self-employment and employment related taxes imposed by any taxing jurisdiction.Kandu does not, and shall not be deemed to, direct or control a Technician generally or in your performance under this Agreement specifically, including in connection with a Technician’s provision of Services or a Technician’s acts or omissions. Each Technician retains the sole right to determine when, where, and for how long he or she will utilize the Kandu Platform. Each Technician retains the option to accept or to decline or ignore a Customer’s request for Services via the Kandu Platform, or to cancel an accepted request for Services via the Kandu Platform, subject to Kandu’ then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Kandu shall have no right to require you to: (a) display Kandu’ names, logos or colors on your vehicle(s) or other property; or (b) wear a uniform or any other clothing displaying Kandu’ names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.You shall at all times while you are a Technician obtain and maintain at your expense your own liability insurance coverage in such amounts and with such non-monetary requirements as Kandu may require from time to time. You shall provide proof of such coverage to Kandu from time to time upon Kandu’ request.
In addition to connecting Users, the Kandu Platform may enable Users to provide or receive goods or services from other third parties (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Kandu Platform, you authorize Kandu to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Kandu is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Kandu Platform.
Some Services may have additional Terms that are not outlined in this document. In such cases, Terms specific for a Service will be presented to the Customer during the buying process. Upon requesting Service, Customer agrees to any additional Terms for that Service.Technician agrees to additional terms as outlined in the Service Provider Agreement.
If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Kandu, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Kandu shall be given by certified mail, postage prepaid and return receipt requested to: Kandu, 202 Chestnut Ave, La Grange, KY 40031. Any notices to you shall be provided to you through the Kandu Platform or given to you via the email address or physical you provide to Kandu during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Kandu with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding this agreement, please contact us at firstname.lastname@example.org or 844-909-3765.
Effective: November 7th, 2020.
Updated: February 5th, 2022.
This agreement is to be effective today by and between Taylor Development Group, LLC DBA Kandu, hereinafter "Kandu" or “Company” and the undersigned, hereinafter “Contractor”.Now, THEREFORE, in consideration of the promises and mutual covenants herein contained, it is hereby agreed as follows:
INDEPENDENT CONTRACTORContractor shall be deemed an independent Contractor. Contractor shall be free to devote a portion of time, energy, and duties except those imposed by law or regulation and those specifically set out in this Agreement. Nothing contained in this Agreement shall be regarded as creating a relationship (employer/employee, joint-venture, partnership, share-holder, etc) between the parties other than the Independent Contractor relationship as set forth herein.Contractor is and shall be treated by Company as an Independent Contractor (statutory non-employee) and not an employee for state tax, federal tax, and all other purposes. Contractor hereby acknowledges that Contractor has been advised by the Company that as an Independent Contractor (non-employee), Contractor is responsible for the payment of Contractor’s own federal income taxes and Contractor’s own self-employment taxes (FICA) together with any and all corresponding state, county, and local taxes, if any, and Contractor hereby agrees to meet such responsibilities. Contractor hereby waives any claim Contractor has or may have now and in the future respecting such taxes or the right of the Company not to withhold, not to pay or not to contribute to taxes on behalf of Contractor.
COMPANY RESPONSIBILITIESCompany agrees that in consideration of the service of the Contractor, it shall while Agreement remains in force, pay monies owed to Contractor on no less than a weekly basis.
CONTRACTORS RESPONSIBILITIESContractor shall complete any work assigned by Company in a prompt and workmanlike manner, consistent with customer needs and manufacturer guidelines.Contractor shall warranty work performed for no less than 365 days from the date of completion. Contractor shall promptly resolve any warranty claims.Contractor shall obtain the customers’ signature upon completion of Contractors’ work with a photo of the completed install. Failure to obtain the signature and photo may result in late payment or nonpayment of the invoice by the Company.Contractor shall cooperate with Company and customer personnel.Contractor shall promptly forward any customer complaint or concern to Company.Contractor agrees that He or She possesses and will continue to possess general liability insurance, a valid driver’s license, and shall maintain automobile insurance in accordance with Company requirements.Contractor agrees to keep a background check on file for any employees or subcontractors used to fulfill orders generated by Kandu. Contractors agrees that employees or subcontractors who have been convicted of a felony will not be utilized in the fulfillment of orders generated by Kandu. Contractor agrees that employees or subcontractors who have been convicted of a misdemeanor involving theft, fraud, violence, or sexual assault will not be utilized in the fulfillment of orders generated by Kandu.Contractor shall have no right or authority, either expressed or implied, to assume or create, on behalf of the Company any obligation or responsibility of any kind or nature.Contractor agrees that He or She will give notice of resignation to Company whenever there is intent to quit working with the Company as an independent contractor. This does not include short-term absence due to sickness or schedule conflicts that are clearly communicated to the manager. Contractor agrees further that not showing up for work when expected without prior and clear communication with manager, and without written notice of resignation, constitutes a breach of good-faith working relationship with the Company, and a breach of this agreement, and therefore, as a consequence, Contractor agrees to forfeit any pay earned that has not been paid.
CONFIDENTIAL AND PROPRIETARY INFORMATION AND TRADE SECRETSContractor agrees that He or She will keep strictly confidential and will not reveal to any person, firm, organization, or corporation, in any manner whatsoever, any information concerning the Company’s trade secrets (including, without limitation, customers and prospective customer lists, service process, inventions and discoveries, patented or not, financial information and projections, or any other matter deemed confidential by the Company) without the express written consent of the Company. Contractor further agrees that upon leaving employment, Contractor will return any and all Company documents including copies, and property which would disclose any trade secrets as specified herein. Contractor acknowledges that all such information is unique and Contractor agrees that disclosure of such information would cause irreparable harm to the Company. Contractor understands that if Contractor violates this provision in any way, Contractor may be subject to a lawsuit for injunctive relief and may also be responsible for damages.
RETURN OF PROPERTYContractor agrees that upon termination of Contractor’s business relationship with the Company, Contractor will return to the Company any and all of its property in Contractor’s possession or control including, but not limited to, tools (purchased by the Company), part kits or repair parts, uniforms, and all manuals, printed material, writings and tangible forms of the information set forth in paragraphs 3 and 4 above. Contractor agrees that during Contractor’s employment, the Company may deduct from any payments due, amounts necessary to cover the value of Company furnished property to Contractor. The value of any property which is not returned in good condition shall be deducted from these monies owed to Contractor with any positive balance refunded to Contractor. If there is a deficiency, Contractor also authorizes the Company to deduct from Contractors last pay any amount not previously deducted covering the value of the tools or other Company property damaged or not returned. Finally, Contractor agrees that the Company’s remedies as set forth in this paragraph are not exclusive.
NON-COMPETITION AGREEMENTContractor agrees that during the term of Contractor’s business relationship with the Company, Contractor will not solicit any separate type of work directly from Company’s business clients, excepting work orders coordinated with the Company.
DURATIONThis agreement may be terminated by either mutual agreement of the parties or by written notice of either of the parties of intent to terminate the Agreement. Any such written notice shall serve automatically to terminate this agreement 30 days after the date such notice is sent to the other party via certified or registered mail.
DISPUTE RESOLUTIONContractor and Company agree that any dispute arising under this Agreement shall initially be referred to mediation and if mediation is not successful, to binding arbitration by a single arbitrator to be mutually agreed upon. The parties shall equally share any and all cost of mediation and arbitration with the exception of attorneys’ fees. Provided further, that nothing contained herein shall preclude Company from seeking injunctive relief in a competent jurisdiction if Contractor violates or attempts to violate paragraphs 4, 5 and/or 6 herein.
INDEMNIFICATIONContractor agrees to indemnify Company, its agents, and employees against all claims, damages, losses, and expenses, including reasonable attorneys’ fees arising out of performance of Contractor’s work under this agreement that are cause in whole or in part by Contractor’s negligent act or omission, or that of anyone employed by Contractors by whose acts Contractor may be liable.
HOLD HARMLESSThe undersigned does hereby release and agree to hold harmless Kandu, its Subsidiaries and its Affiliates and its officers and employees, from and against all claims, liability, demands, damages, cost, causes of action, expenses and actions which I, may heirs, or legal representatives may be entitled against Kandu, its Subsidiaries, and its Affiliates or any other aforementioned parties, for any personal injury, death or property damage which may be sustained as a result of, or in any way related to my presence at or participation in any activity sponsored by Kandu, its Subsidiaries and its Affiliates irrespective of the cause of such injury, death or property damage, including, but not limited to, negligence and/or strict liability, and I do hereby specifically waive all such claims and actions.
MISCELLANEOUSThis Agreement shall ensure to the benefit of the Company, its’ successors and assigns. The invalidity or unenforceability of any particular provision of this Agreement shall not affect validity of the remainder of the Agreement. In that event, the invalid or unenforceable provision shall be construed as being limited in scope and fact so that as much of the remaining provisions of the Agreement as possible are rendered valid and enforceable.
Effective: November 7th, 2020.
Updated: January 12th, 2022.
Information Collection and UseFor a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.
Log DataWe want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
CookiesCookies are files with a small amount of data that is commonly used as an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.Our website uses these “cookies” to collect information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.
Service ProvidersWe may employ third-party companies and individuals due to the following reasons:To facilitate our Service;
To provide the Service on our behalf;
To perform Service-related services; or
To assist us in analyzing how our Service is used.We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
SecurityWe value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.
Children’s PrivacyOur Services do not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
Effective: November 7th, 2020.
Updated: January 12th, 2022.
There is no reason for a Chargeback to ever be filed. If You think that Your credit card, debit card or Payment Method was used fraudulently on the Website, or if You want to cancel an order, or for any other concern, please contact us for immediate resolution. We will be happy to help You.
PreventionIf We determine in Our reasonable discretion that a Chargeback is likely for any transaction, We may withhold the amount of the transaction until the expiration of the period during which the User may dispute the transaction, the Chargeback is processed, or We determine that a Chargeback will not occur.
ChargebacksWe accept Visa, Mastercard, Discover, and American Express as payment methods. You must provide an authorization through clicking “I Agree” for every payment . Your authorization is a binding agreement for Us to charge Your card or Payment Method; and as such You waive any right to file a Chargeback for any cause, and agree to this Chargeback Policy.YOU AGREE THAT YOU WILL NOT FILE A CHARGEBACK FOR ANY AMOUNTS CHARGED TO YOUR CREDIT, DEBIT CARD OR PAYMENT METHOD ON THE WEBSITE. If You want to dispute an order or charge, You agree to contact us directly, not file a Dispute or Chargeback.If You file a Chargeback for a payment initiated by You or any authorized user of Your card or Payment Method, You agree that we may recover the amount of the Chargeback by any means deemed necessary, including, but not limited to, recharging Your card or Payment Method or having the amount recovered by a collection agency.You understand and agree that in the event You initiate a Chargeback with a Payment Method provider for a Product or Service You have received and in fact owe payment for, and You are successful in recovering the disputed funds that would otherwise be owed to the Us, We will make every effort to provide documentation to the Payment Method provider that You did receive the Product or Service. We may in Our sole discretion dispute such Chargeback through all available means, including without limitation, by third-party debt collection services, in which event We shall be entitled to recover the cost of collection.Further, We reserve the right to issue an invoice/send a bill to You for any and all Product or Service that We have sold and delivered to You. You hereby agree to pay the invoice or bill in full in the event that a Chargeback dispute is initiated. Should You fail to make appropriate payment, We shall pursue any and all available legal and equitable remedies available by law.You acknowledge and agree that We will be entitled to recover any Chargebacks that may be imposed on Us by a Payment Method provider or third parties, plus associated fees, fines, expenses or penalties, as well as any processing or any other fees whatsoever incurred by Us on those Chargebacks, in addition to any other sums that may be due hereunder. We may recover these amounts by debiting Your account or setting off any amount owed to You.Upon filing a Chargeback, you acknowledge and agree that: any pending service requests will be cancelled; you will be barred from making future service request(s); any active labor warranties for previously completed jobs through Our platform are immediately voided and We will not be able to assist in dispute(s) with your service provider, or provide any additional refund(s).
Contesting ChargebacksYou agree to assist Us when requested, at Your expense, to investigate Your transaction with regard to the Chargeback. You agree to cooperate and provide all information that We request from You for the purposes of investigating and/or contesting a Chargeback. We will send such requests to the email address that You provide to Us and You must provide a full response to the request within fourteen (14) days, unless another timeframe is specified in the request.Notwithstanding the termination of the availability of the Website or Our Products or Services to You for any reason, We shall remain entitled to contest and recover Chargebacks from You (and, where if relevant, from any party who has provided Us with a guarantee or security relating to Your obligations under this Policy).
Return of “Product Not As Described”You agree not to file a Chargeback for the reason of “Product Not As Described”. If You want to dispute an order or charge, You agree to file for a Return or Cancellation, not a Chargeback.
Chargeback FraudA fraudulent Chargeback occurs when a customer attempts to dispute a charge for a Product or Service that he/she has actually purchased. Attempting to dispute a valid credit card charge is fraudulent and is illegal. We do not tolerate Chargeback Fraud, and We follow the following procedure when it takes place:
If You attempt to dispute or deny a valid charge, We will first contact You directly, because most disputed charges occur as a result of the customers not recognizing Our charge on their statement. You will have ten (10) calendar days to reverse Your dispute upon receipt of Our e-mail, letter, or phone call.
If You do not reverse the dispute or otherwise attempt to resolve the situation, We will file a police report with Your local authorities and seek criminal charges against You.
Your account will be turned over to a collection agency, which will initiate collection activities as well as report Your account as delinquent to all of the major credit bureaus.
If You still do not resolve the situation by either reversing the dispute or reimbursing Us for the amount disputed plus Our bank fees, We will file a civil lawsuit against You for the amount disputed, for bank fees related to the Chargeback, for additional damages for the harm Your Chargeback causes to Our merchant credit record, and for punitive damages as the courts do not take credit card fraud lightly.
Chargeback Abuse PolicyYou agree not to abuse any Payment Method provider’s Chargeback policy and this Chargeback Policy.In the event that You have filed a Chargeback, and the Chargeback was resolved in Our favor by the Payment Method provider, You agree to terminate Your Chargeback with the Payment Method provider immediately, and You agree to reimburse Us for any costs incurred in researching and responding to such Chargeback, including without limitation, Our actual costs paid to the credit card processor or Our banks, other third parties, and the reasonable value of the time of Our employees and owners spent on the matter, as determined in Our discretion in good faith.In the event that a Chargeback is placed or threatened on a purchase, We reserve the right to report the incident for inclusion in Chargeback abuser database(s) of Our choosing and in Our sole discretion. The information reported will include name, email address, order date, order amount, IP address, full address, and phone number. Being listed on such databases may make it more difficult or even impossible for the abuser to use credit card(s) on future purchases with Us or other merchants. Chargeback abusers wishing to be removed from the database shall make payment to Us for any outstanding amount owed to Us + $150 for processing and handling by wire transfer or such other means as We may require. All legal fees and collection fees accrued in the entire process will be added to the total collection amount owed by abuser.ALL UNRESOLVED CHARGEBACK ABUSE ISSUES COMMITTED WILL IMMEDIATELY BE REPORTED TO MAJOR CREDIT BUREAUS, CHARGEBACK ABUSERS DATABASES, AND COLLECTION COMPANIES. THIS CAN SEVERELY DAMAGE CREDIT RATINGS FOR UP TO 7 YEARS.
Contact UsIf you have any questions or suggestions about our Chargeback Policy, please contact us at email@example.com or 844-909-3765.
In-Ground Basketball Goal Terms
Effective: November 4th, 2020.
Updated: June 17th, 2022.
By contracting with Service Providers on the Kandu platform for assembly/installation of in-ground basketball goal systems, and in order to provide a smooth installation process, client agrees to the following:
These terms are in addition to our general Terms of Service.Client should have location for installation chosen prior to technician’s arrival.All quotes are specific to the make and model of the item. Any additional accessories or services are not included unless specifically quoted.Boxes/packaging materials/garbage will be consolidated to a designated location on client’s property. Unless otherwise selected during the booking process, disposal is the responsibility of the client.Work area must be free and clear of obstacles, tall grass, and pet droppings.All children and pets must be kept clear of the work area until the installation is complete.Should it be discovered during the installation process that there are missing and/or damaged parts that must be received to complete the installation, an additional trip fee may be assessed for a return visit.Client is responsible for obtaining any Home Owner Association approval that may be required.All appointments are weather-permitting.Client must have all underground utilities located and marked prior to installation – call 811. Technician cannot dig without utilities being marked.
Technician cannot dig within 18″ of any marked utility.It is the client’s responsibility to know the location, and inform the technician, of any privately installed underground lines, including but not limited to irrigation, invisible dog fence, private electric, etc.
Client shall not hold Kandu and/or the Service Provider liable for disturbing a line that was not known to be in the area.Two separate appointments are required for complete installation, with a minimum of 72 hours between them. The second appointment will be scheduled upon completion of the first appointment.Payment is due in full upon completion of the first appointment.Installation site (typically a driveway) must be free of vehicles and any other obstacles.
If client’s installation site cannot be directly accessed by a truck and trailer, prior notice must be given, and an additional site access fee of $2 per foot may be assessed.Water and power access must be available within 100′ of the installation site.Soil, rock, and other debris that is dug out for installation of the concrete footer is left next to the installation site.
Technician does not remove of dispose of any soil, rock, or debris from the job site.
Failure to follow any of the above provisions may result in additional fees, rescheduling of the appointment, or cancellation of the job. Please contact us prior to your appointment if you have any questions or concerns.
Effective: November 7th, 2020.
Updated: August 30th, 2023.
We understand that sometimes issues arise that will require you to cancel or reschedule your service appointment. We strive to be as flexible as possible, while also being considerate of our Service Providers' time and resources. With this in mind, there are two types of fees that you may be subject to if you decide to cancel a confirmed appointment - Match Fee and Cancellation Fee.Customers may cancel or reschedule a service request at any time while the request is awaiting assignment to a service provider without facing any penalty or charge. Cancelling a service request under other circumstances may incur a Cancellation Fee and/or Match Fee as outlined below:
When Fees Do Not Apply:• Cancelling a service request that has not been confirmed with a service provider.• Cancelling a service request in which the service provider was a “no call, no show” for a confirmed appointment.• Cancelling a service request that was confirmed with a service provider, but that service provider has since released the job (meaning they are no longer able or willing to complete the job), and the cancellation occurs before the service request has been confirmed with a replacement service provider.
When Fees Do Apply:• Cancelling a service request, when that service request has a confirmed appointment, with less than 24 hours notice before the start of the arrival window will result in a Cancellation Fee in the amount of 30% of the quoted service cost.• Cancelling a service request after it has been confirmed with a service provider, and the appointment date and arrival window match the customer’s most recently recorded preference, will result in a Match Fee in the amount of 20% of the quoted service cost.• Cancelling a service request after it has been confirmed with a service provider, and the customer did not have a recorded scheduling preference, will result in a Match Fee in the amount of 20% of the quoted service cost.Note: When applicable, customers may be charged both the Cancellation Fee and the Match Fee. For example: if the customer’s service request is confirmed with a local service provider for the customer’s preferred day and arrival window, and the customer cancels the appointment with less than 24 hours notice, then both the Cancellation Fee and Match Fee will apply.• If a cancellation occurs as a result of the service provider arriving to perform the job, and the scope of work entered by the customer during the booking process does not match what is being asked of the service provider, a Cancellation Fee in the amount of 30% of the quoted service cost and a Match Fee in the amount of 20% of the quoted service cost will be charged.• If the service provider arrives to an appointment and the customer is not present, or otherwise prevents the service provider from performing the work, the job will be cancelled and a Cancellation Fee in the amount of 30% of the quoted service cost and a Match Fee in the amount of 20% of the quoted service cost will be charged.
We strive to be as fair and accommodating as possible to all parties involved. If you feel as if your situation regarding a cancellation needs special attention, please reach out to us. We’re here to help!