December 26, 2024
Welcome to KC Home Service, the official online platform for our company, based in Santa Rosa, California, United States. This website, along with any associated tools, features, and services provided, is collectively referred to as the "Site." KC Home Service, hereinafter referred to as “we,” “us,” or “our,” specializes in providing high-quality roofing, plumbing, HVAC, and home enhancement solutions to meet the diverse needs of residential and commercial clients across Sonoma County.
These Terms of Service become effective upon acceptance, and your engagement with any functionality of the Site constitutes your agreement to these terms and all applicable laws. The terms "you" or "your" refer to the individual, entity, or organization accessing our platform or engaging with our services. These Terms of Service govern your use of the Site, including any updates, features, or tools we may introduce in the future.
KC Home Service and the Site are governed by and construed in accordance with the laws of the State of California. By continuing to use our platform, you confirm that you have read, understood, and accepted these Terms of Service, thereby forming a legally binding agreement between you and KC Home Service. Should you have any questions or concerns regarding these Terms of Service or any aspect of our services, please contact us at [email protected] or call us at (816) 591-7815 during our business hours.
1.1 By accessing and using the KC Home Service website or any associated platform, you agree to comply with these Terms of Service and our Privacy Policy. By providing your personal information, booking our services, or interacting with any of our offerings, you confirm that you have read, understood, and accepted these Terms of Service and the Privacy Policy in full. Acceptance of these terms is a mandatory condition for using our website and engaging with our services.
1.2 If you do not agree with any portion of these Terms of Service or the Privacy Policy, please refrain from accessing our website, utilizing its features, or engaging in our services. Continued use of the platform constitutes your agreement to abide by these terms and all applicable laws and regulations.
2.1 KC Home Service provides a professional platform dedicated to connecting homeowners with top-quality roofing, plumbing, HVAC, and home enhancement services. We offer a wide range of tailored solutions, including design consultations, installation, repair, and maintenance services to meet your home's safety, functionality, and aesthetic needs. These services are carried out by our team of skilled professionals to ensure the highest standards of quality and customer satisfaction.
2.2 To utilize the services offered by KC Home Service, it is your responsibility to secure the necessary access to our website, which may involve costs such as internet service provider fees or mobile data charges. Additionally, you are required to have and maintain the equipment needed to access our platform, including compatible devices and software.
2.3 To fulfill its obligations and provide services efficiently, KC Home Services may collaborate with third-party providers, such as contractors or logistics partners. Any information shared with third parties will be limited to what is necessary for the performance of their assigned tasks and will be handled in compliance with the confidentiality provisions outlined in Section 24 of this Agreement.
KC Home Service grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services solely for personal and lawful purposes. This license is contingent upon your compliance with these Terms of Service and all applicable laws.
When using the KC Home Service platform, you agree to the following:
You may not use the platform or its content for unauthorized commercial purposes.
Copying, reproducing, or downloading information from the platform for the benefit of third parties is strictly prohibited.
Unauthorized caching, linking, or framing of content from the platform is not allowed.
You may not upload, post, or transmit any content you do not own or have the rights to, including the intellectual property of others.
Uploading or transmitting materials containing malicious software, viruses, or code designed to damage systems or disrupt communications is forbidden.
You must not engage in activities that place an unreasonable or disproportionate load on the platform’s infrastructure.
The use of automated tools, such as robots or data mining programs, to access or extract data from the platform is prohibited.
Bypassing or attempting to bypass security measures or access restrictions on the platform is strictly forbidden.
You agree not to interfere with the security features of the platform or attempt unauthorized access to its systems, servers, or networks. Engaging in fraudulent, misleading, or illegal activities while using the platform is prohibited.
KC Home Service reserves the right to:
Modify or discontinue any part of the platform or services, temporarily or permanently, with or without notice.
Restrict, suspend, or terminate your access to the platform if you violate these Terms of Service.
Remove, relocate, or refuse any content submitted to the platform that violates our policies or terms.
Certain features of the platform may allow you to upload or submit content (e.g., text, photos, or videos). You retain ownership of the content you submit but grant KC Home Service a worldwide, royalty-free, non-exclusive, perpetual license to use, display, reproduce, modify, and distribute the content as necessary for platform operations.
By submitting content, you represent and warrant that you own or have the rights to the content and that its submission does not violate any third-party rights.
KC Home Service reserves the right to remove content that violates these Terms of Service or any applicable law, with or without notice.
The following activities and content are prohibited on the platform:
Misrepresenting your identity or providing false or misleading information.
Sharing sensitive personal information such as social security numbers, addresses, or financial details.
Posting unauthorized messages or impersonating KC Home Service staff or representatives.
Posting identical or spam-like messages repeatedly.
KC Home Service strictly prohibits:
Sending unsolicited promotional messages or spam to other users without their consent.
Using the platform’s features, such as invitations or messages, to contact individuals who do not recognize you.
Sending bulk messages, chain letters, or group emails without proper authorization
To access and use the KC Home Service website or services, you must be at least eighteen (18) years old or the legal age of majority in your jurisdiction. By accessing the website, you confirm that you meet this age requirement. If you are under the age of eighteen (18), you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service.
By using the KC Home Service website, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement with KC Home Service and comply with these Terms of Service.
KC Home Service operates within specific service areas, and access to our services may be limited to customers located within these regions. By using our website, you confirm that you are accessing the services from an eligible location where KC Home Service operates.
You agree to use the KC Home Service website and services in compliance with all applicable federal, state, and local laws, regulations, and ordinances. Any unlawful use of our website or services is strictly prohibited and may result in the termination of your access and further legal action.
You are responsible for providing accurate, complete, and up-to-date information when booking services, submitting inquiries, or creating an account. Falsifying information or failing to update your details may lead to delays, cancellations, or denial of services.
You are responsible for ensuring that payments for booked services are completed in accordance with our Payment Terms. Failure to provide timely payment may result in cancellation or delays in the provision of services.
You are expected to communicate promptly and cooperate with KC Home Service staff regarding service details, schedules, and any necessary preparations for work to be conducted at your property.
You agree to provide access to your property and ensure a safe and functional environment for our staff to perform the requested services.
You must promptly report any issues, inaccuracies, or concerns regarding the services, platform functionality, or payment processing to KC Home Service.
KC Home Service grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services solely for personal, lawful purposes. This license is conditional upon your compliance with these Terms of Service. Any unauthorized use of our website or services, including infringement of KC Home Service’s intellectual property rights, misuse of features, or violation of applicable laws, may result in the immediate termination of your access and potential legal action.
KC Home Service is committed to maintaining the accuracy and relevance of the information presented on our platform, including descriptions of services, pricing, promotional offers, and availability. However, occasional errors, inaccuracies, or omissions may occur. KC Home Service reserves the right to update, correct, or modify such information at any time without prior notice.
6.3 If any inaccuracies are identified, even after service confirmation or payment, KC Home Service may contact you to resolve the discrepancy. In rare cases, we reserve the right to cancel or refuse service if the identified error significantly impacts the terms of the agreement. You will be promptly notified of any such changes or cancellations, and any affected payments will be refunded or adjusted accordingly.
To schedule services with KC Home Service, customers must complete the online booking form available on our website or contact us directly via phone or email. A booking is considered confirmed only after the customer receives a confirmation email or written acknowledgment from KC Home Service.
Before confirming a booking, customers are encouraged to request an estimate or proposal for the scope of work. All estimates provided are preliminary and subject to change based on a final assessment. Once a booking is confirmed:
Changes to the service date require prior written approval from KC Home Service.
Customers who cancel or reschedule after confirmation may forfeit their deposit or payment, as outlined in the booking terms
All pricing and service rates displayed on the KC Home Service platform are presented in U.S. dollars (USD) unless otherwise stated.
While we strive to ensure transparency in pricing, specific services or promotions may vary based on the scope of work, location, or additional customizations requested. Detailed pricing for particular services will be confirmed during consultation or booking. You agree to review and accept any pricing adjustments or policies before confirming service requests.
Payment for all services, including Priority Booking fees, must be made in advance through the payment methods approved by KC Home Service, unless otherwise agreed upon in writing.
Payments are due at the time of booking and must be completed before services commence. Failure to make timely payments will result in cancellation.
KC Home Service accepts payments via credit and debit cards, as well as online payment platforms.
Customers canceling services before the scheduled service date may forfeit any deposit paid, depending on the terms agreed upon during booking.
KC Home Service reserves the right to cancel or reschedule services due to unforeseen circumstances. In such cases, customers will be notified promptly and offered either a full refund or the opportunity to reschedule.
Payments for completed services are non-refundable.
8.1 By using the Services provided by KC Home Service, you consent to receiving electronic communications from us. These communications may include notifications regarding service updates, fees, charges, invoices, scheduling, and other critical information related to the services offered. You acknowledge that any notices, agreements, disclosures, or other communications sent electronically by KC Home Service satisfy all legal requirements, including those requiring written communication.
8.2 You agree to receive communications such as automated calls, SMS messages, emails, and prerecorded messages from KC Home Service and its affiliates regarding service requests, updates, and offers. Standard messaging and data rates may apply based on your carrier plan.
8.3 For service-related updates, including confirmations, reminders, or changes to scheduled appointments, KC Home Service may send you electronic communications via email, SMS, or push notifications. These communications are essential for ensuring seamless service delivery and cannot be opted out of while actively using our Services.
8.4 While KC Home Service strives to protect the confidentiality of all communications, you acknowledge that electronic communications, including emails and SMS messages, may be subject to unauthorized access. By using our Services, you release KC Home Service and its affiliates from any liability arising from unauthorized access to such communications, to the fullest extent permitted by law.
8.5 To ensure you receive all necessary updates, it is your responsibility to provide accurate and up-to-date contact information. KC Home Service is not liable for missed communications or service issues caused by inaccurate contact details.
9.1 By using the KC Home Service website, booking services, or entering into any agreements for home improvement services, no employment, partnership, joint venture, or agency relationship is formed between you and KC Home Service unless explicitly stated in a separate written agreement.
9.2 KC Home Service operates solely as an independent contractor, providing professional home improvement, roofing, plumbing, and HVAC services. We do not assume ownership of any goods or materials used during the delivery of our services, as they are sourced specifically for the completion of your project.
KC Home Service website may contain links to external websites or resources operated by third parties. These external sites are not under the control of KC Home Service, and we are not responsible for their availability, content, or accuracy. KC Home Service does not endorse, and assumes no liability for, any content, advertising, products, or other materials provided through these external websites. By accessing or using these external links, you acknowledge that KC Home Service is not liable for any damages or losses resulting from your reliance on such third-party resources. We encourage you to review the terms and privacy policies of any external websites before engaging with them.
KC Home Service collaborates with third-party partners, including local businesses, service providers, and influencers, to promote its offerings. These partnerships are governed by agreements at KC Home Service's discretion and may be modified or terminated at any time. While KC Home Service supports its partners' promotional efforts, no additional compensation is guaranteed for activities outside the agreed-upon terms. Partners must comply with all contractual obligations, including proper attribution to KC Home Service in any marketing materials or mentions. KC Home Service reserves the right to revoke promotional codes, discounts, or offers associated with such partnerships without prior notice.
The trademarks, logos, and service marks (“Marks”) displayed on the KC Home Service website are the exclusive property of KC Home Service or their respective third-party owners. You are strictly prohibited from using any Marks for any purpose without prior written consent from KC Home Service or the relevant third-party owner. This includes, but is not limited to, using Marks as metatags or in any manner that could mislead or confuse others regarding an association with KC Home Service.
All content available on or through the KC Home Service website, including but not limited to text, images, graphics, software, and other materials (“Content”), is protected by copyright, trademark, and other applicable intellectual property laws. Unless expressly authorized, users may not modify, copy, distribute, reproduce, publish, license, sell, create derivative works, or use any Content for commercial or public purposes.
KC Home Service reserves all rights to take legal action to protect its intellectual property and Marks against unauthorized use, infringement, or misrepresentation. Any violation of this clause may result in immediate termination of access to the website and potential legal action
12.1 In order to efficiently provide our services, we collect certain personal information from you, such as name, address, email address, phone number, payment information, purchase history, and any other necessary details related to your transactions. This information allows us to process orders, facilitate deliveries, provide customer support, and improve our services.
For a detailed explanation of what information we collect and how it is used, please review our Privacy Policy available here.
By engaging with KC Home Service, you acknowledge and accept responsibility for any taxes, duties, or levies imposed by federal, state, or local authorities related to the services provided. These may include, but are not limited to, sales tax, value-added tax (VAT), and other applicable taxes based on the jurisdiction where the services are rendered.
For customers located in California, applicable sales tax will be charged on all services provided by KC Home Service, in accordance with state and local tax regulations. The specific sales tax rate will depend on the service location within California. KC Home Service will calculate and collect the required sales tax at the time of payment. The total tax amount will be clearly itemized in your invoice or receipt. Any changes to California tax laws or rates will be automatically reflected in future transactions.
14.1 By accessing or using the services of KC Home Service, you agree that KC Home Service reserves the right to investigate and take appropriate action regarding any violations of these Terms of Service. This includes, but is not limited to, actions involving intellectual property infringement, security breaches, violations of privacy rights, or any conduct that compromises the operation, security, or integrity of our services. All actions will be taken to the fullest extent permitted by law.
14.2 KC Home Service may cooperate with law enforcement authorities or other relevant parties to pursue legal action against individuals or entities that violate these Terms. While KC Home Service is not obligated to actively monitor your use of the Site or Services, we reserve the right to do so to ensure proper functionality, compliance with these Terms, and adherence to any legal or regulatory requirements. This includes responding to lawful requests or addressing any activity that undermines the integrity of our platform.
15.1 You are solely responsible for evaluating the accuracy, completeness, and relevance of all services, statements, opinions, and other information available on the KC Home Service platform. KC Home Service does not endorse, guarantee, or assume responsibility for the reliability, accuracy, or quality of any information, services, or materials displayed, advertised, or made available through our website.
15.2 If you choose to engage with any services, advertisements, or third-party providers through the KC Home Service platform, you do so at your own discretion and risk. KC Home Service assumes no liability for any damages, issues, or consequences arising from your use of third-party products, services, or information.
15.3 While we strive to maintain a secure and reliable platform, KC Home Service does not guarantee that the website or its content will be free from errors, bugs, viruses, or other potentially harmful components. It is your responsibility to ensure your devices are configured securely to access our platform. We strongly recommend using reliable antivirus software to protect your systems while accessing the platform.
16.1 All services, materials, and information provided by KC Home Service through its website or any linked resources are offered on an "as-is" and "as-available" basis without any warranties of any kind, express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or security.
16.2 KC Home Service makes no guarantees and disclaims responsibility for:
The accuracy, reliability, or completeness of any information, advice, or opinions shared by third parties on the website or during service delivery.
Content, materials, or services offered through third-party websites or resources linked on our platform.
The functionality, reliability, or performance of any third-party products, services, or content accessed via links on the KC Home Service website.
Errors, interruptions, or issues caused by technical glitches, bugs, viruses, hacking attempts, malware, or other unforeseen IT disruptions, including but not limited to inaccuracies in service descriptions, pricing, or scheduling.
16.3 KC Home Service is not liable for any losses or damages resulting from your reliance on information obtained from the website, linked resources, or third-party services, except as required under applicable consumer protection laws. By using our website and services, you acknowledge that any reliance on the provided information or external resources is at your sole risk.
17.1 To the fullest extent permitted by applicable law, KC Home Service, its officers, directors, employees, agents, affiliates, or licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, revenue, goodwill, data, or other intangible losses, arising out of or in connection with:
Your use or inability to use the platform or services.
Unauthorized access to or alteration of your transmissions or data.
Statements or conduct of any third party on the platform.
Any other matter related to the platform or services.
17.2 KC Home Service’s total liability to you for any and all claims arising from or related to these Terms of Service or the use of our platform shall not exceed the total amount you paid to KC Home Service for services provided in the six (6) months preceding the event giving rise to the liability.
17.3 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, KC Home Service’s liability will be limited to the maximum extent permitted by applicable law.
Any user found in violation of these Terms and Conditions, whether intentional or unintentional, may face restrictions, suspension, or permanent termination of access to KC Home Service’s platform and services. Such breaches include, but are not limited to:
Providing false, incomplete, or misleading information during service inquiries, booking, or communication with KC Home Service.
Engaging in fraudulent activities, including unauthorized use of another individual’s personal or payment information.
Violating intellectual property rights, privacy rights, or applicable laws through the use of the platform or services.
Using the platform to harass, threaten, or harm KC Home Service personnel or other users.
Repeated non-compliance with payment terms, cancellation policies, or other service specific guidelines established by KC Home Service.
KC Home Service reserves the right to take immediate action, without prior notice, including:
Canceling or suspending pending bookings or services where a breach is suspected.
Restricting access to certain features or tools on the platform.
Denying participation in promotional offers, loyalty programs, or other incentives.
Revoking access to the platform entirely or permanently terminating user accounts.
Upon restriction, suspension, or termination of access, KC Home Service will notify the user via the registered contact details provided during booking or account creation. In cases of suspension, users may be given an opportunity to appeal the decision or rectify the breach within a specified timeframe. Failure to resolve the issue may result in permanent account termination.
KC Home Service reserves the right to:
Take legal action, including seeking damages, for violations that cause financial or reputational harm.
Cooperate with law enforcement or regulatory authorities in cases of illegal activity or other harmful actions identified during the breach.
Pursue claims for losses or expenses incurred due to a user’s violation of these Terms and Conditions.
19.1 KC Home Service reserves the right to update its website, policies, Terms of Service, and Privacy Policy at any time to reflect changes in services, legal requirements, or operational needs. For material changes, KC Home Service will notify users via email to the address associated with their account and display a prominent notice on the website for thirty (30) days. Users are responsible for reviewing updates before using the website or services, and continued use constitutes acceptance of the revised Terms.
20.1 KC Home Service shall not be held liable for any failure or delay in performing its obligations under these Terms of Service due to events beyond its reasonable control (“Force Majeure Events”). Such events may include, but are not limited to, natural disasters (e.g., earthquakes, floods, hurricanes), acts of war, terrorism, riots, pandemics, labor strikes or disputes, government actions, interruptions in internet or telecommunication services, or any other unforeseen circumstances that make performance impracticable or impossible.
20.2 In the event of a Force Majeure Event, KC Home Service will promptly notify you of the nature and expected duration of the event. We will take all reasonable measures to mitigate the impact of the event and resume operations as soon as it is practical to do so. During the period of the Force Majeure Event, KC Home Service’s obligations under these Terms will be suspended to the extent affected.
20.3 If the Force Majeure Event continues for a period exceeding sixty (60) days and prevents the fulfillment of critical obligations, either party may terminate the affected services without incurring liability. Such termination must be provided in writing to the other party.
20.4 This clause does not exempt you from your obligation to pay for any services that have already been rendered or delivered before the occurrence of the Force Majeure Event. Any outstanding payments will remain due and payable.
21.1 By signing up for SMS updates through the form on our website, you agree to receive promotional messages. Message and data rates may apply. You may opt out at any time by following the instructions in the message or contacting us directly.
22.1 These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes, claims, or controversies arising out of or in connection with these Terms, the use of the KC Home Service website, or the services provided shall be subject to the exclusive jurisdiction of the state and federal courts located in Sonoma County, California.
In the event of any dispute, claim, or disagreement arising out of or relating to these Terms of Service, the use of the KC Home Service website, or services provided, the Parties shall first attempt to resolve the matter through good faith negotiations. Each Party shall appoint a representative with the authority to settle the dispute. The appointed representatives shall meet and engage in discussions within thirty (30) days of one Party providing written notice of the dispute to the other.
If the dispute cannot be resolved through negotiation within thirty (30) days of written notice, the matter shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA). Arbitration shall be conducted by a single arbitrator appointed according to the AAA rules. The arbitration shall take place in Sonoma County, California, and the arbitrator’s decision shall be final and binding on both Parties. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction. The prevailing Party in arbitration shall be entitled to reimbursement of reasonable attorney’s fees, arbitration costs, and related expenses.
Despite the arbitration requirement, both Parties retain the right to:
Assert claims in small claims court if the claims qualify under the court's jurisdiction.
Seek injunctive or equitable relief in a court of law for actual or threatened infringement of intellectual property rights or other proprietary information.
By agreeing to these Terms, both Parties waive the right to a jury trial for any disputes subject to arbitration. Furthermore, all claims must be arbitrated on an individual basis, and neither Party shall participate in or bring claims as part of a class, collective, or representative action.
This arbitration agreement shall be governed by the Federal Arbitration Act (FAA). If the FAA does not apply, the laws of the State of California shall govern.
By engaging with KC Home Service, you may have access to confidential information, including but not limited to proprietary methods, business strategies, financial data, customer information, supplier details, operational processes, marketing plans, pricing structures, and project-related information ("Confidential Information"). You agree to protect the confidentiality of such information and to use it solely for purposes directly related to the services provided by KC Home Service. Disclosure or use of Confidential Information for any other purpose is prohibited unless explicitly authorized in writing by KC Home Service.
The obligations of confidentiality shall not apply to information that:
Is publicly available at the time of disclosure or becomes publicly available without breach of these Terms.
Was already known to the receiving party before disclosure, as evidenced by written records.
Is independently developed by the receiving party without reference to or reliance on the Confidential Information.
Must be disclosed to comply with applicable laws or legal processes, provided the receiving party gives prior written notice to KC Home Service (where permitted by law) to allow for protective measures to be taken.
25.1 By using the KC Home Service website or engaging our services, you agree to indemnify, defend, and hold harmless KC Home Service, its officers, directors, employees, agents, affiliates, successors, and contractors (collectively referred to as the "KC Home Service Entities") from and against any and all claims, liabilities, damages, losses, costs, expenses, and attorney's fees arising out of or related to:
Your use of the KC Home Service website or services.
Any violation of these Terms of Service by you.
Any content, information, or materials you submit, post, transmit, or make available through the KC Home Service website.
Your violation of any rights of any other individual or entity.
Any disputes between you and third parties, including but not limited to service providers, contractors, or other users of KC Home Service’s website or services.
Your breach of any representations or warranties made under these Terms. g) Your violation of any applicable law or regulation.
25.2 You agree to cooperate fully with KC Home Service in the defense of any claim subject to indemnification under this clause. KC Home Service reserves the right to assume exclusive defense and control of any such matter, and you shall not settle any claim without the prior written consent of KC Home Service.
26.1 All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, sent by certified mail, by a recognized courier service, or via official registered email of the parties to the addresses provided by each party. Notices shall be deemed effective upon receipt.
27.1 The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision. We reserve the right to enforce any right or provision at any time in the future, and a waiver of any breach or default of these Terms shall not be deemed a waiver of any subsequent breach or default, nor of the provision itself.
28.1 If any clause or provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, said invalid or unenforceable clause or provision shall be disregarded only to the extent of its invalidity or unenforceability, and the balance of this Agreement shall be enforced as the integrated written agreement of the parties.
29.1 You may not transfer or assign this Agreement, either in whole or in part, without obtaining prior written consent from KC Home Service. Such consent may be granted or denied at the sole discretion of KC Home Service. Any attempt to assign this Agreement in violation of this provision will be deemed invalid and without effect. We retain the right to freely assign this Agreement at any time without prior notice. Notwithstanding the above, this Agreement will be binding upon and benefit the permitted successors and assigns of each party.
30.1 These Terms of Service, along with any policies or operating rules posted by us on our website, application, or related to the Service, constitute the complete agreement between you and us, governing your use of the Service. They override any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any earlier versions of the Terms of Service. Any uncertainties in interpreting these Terms of Service will not be interpreted against the party responsible for drafting them.
Updated On: December 29, 2024