Acceptance of Terms
By accessing or using the website https://www.kolabeach.lol (the Site) and any services provided by KOLA BEACH LLC (Kola Beach, we, our, or us), you agree to be bound by these Terms of Service (the Terms). If you do not agree to these Terms, you must not access or use our Site or services.
These Terms apply to all visitors, users, clients, and others who access or use our Site or services. We reserve the right to refuse service to anyone for any reason at any time.
Description of Services
KOLA BEACH LLC provides computer systems design and related services, including but not limited to systems architecture, cloud infrastructure design and deployment, software integration, and technical consulting (collectively, the Services). The scope, deliverables, timeline, and fees for any specific engagement will be defined in a separate written agreement, statement of work, or service order executed by both parties.
We reserve the right to modify, suspend, or discontinue any aspect of our Site or Services at any time without prior notice. We shall not be liable for any modification, suspension, or discontinuance.
Intellectual Property
Our IP. All content on the Site, including text, graphics, logos, icons, images, software, code, and the overall design and layout, is the exclusive property of KOLA BEACH LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. The KOLA BEACH name and logo are trademarks of KOLA BEACH LLC. You may not reproduce, distribute, modify, or create derivative works of any Site content without our express written permission.
Deliverables. Unless otherwise specified in a written agreement, upon full payment for Services, KOLA BEACH LLC grants you a non-exclusive, non-transferable, perpetual license to use the deliverables created specifically for you in connection with the Services. We retain ownership of all pre-existing materials, tools, methodologies, and know-how used in the performance of Services.
User Obligations
In using our Site and Services, you agree that you will not:
- Violate any applicable local, state, national, or international law or regulation
- Engage in any activity that interferes with or disrupts the Site, our servers, or networks connected to the Site
- Attempt to gain unauthorized access to any portion of the Site, other user accounts, or computer systems
- Upload or transmit viruses, malware, or any malicious code designed to disrupt, damage, or limit the functioning of software or hardware
- Use any robot, spider, scraper, or other automated means to access the Site without our express written permission
- Submit false, misleading, or fraudulent information through our forms or communications
- Use the Site or Services for any unlawful purpose or in violation of these Terms
Payment Terms
Fees for Services are set forth in individual statements of work, service agreements, or invoices. Unless otherwise stated, all fees are quoted and payable in United States Dollars (USD) and are exclusive of applicable taxes. You are responsible for paying all fees and any applicable taxes associated with the Services in accordance with the payment schedule specified in your agreement.
Late payments may be subject to interest charges at the rate of 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower. We reserve the right to suspend or terminate Services if payment is not received within the agreed timeframe.
Confidentiality
During the course of our engagement, each party may receive or have access to confidential information of the other party. Confidential Information means any non-public information that a reasonable person would understand to be confidential, including but not limited to business plans, technical data, trade secrets, client lists, financial information, and source code. Each party agrees to use Confidential Information solely for the purpose of performing obligations under the applicable agreement and to protect such information using the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.
Limitation of Liability
To the fullest extent permitted by applicable law, KOLA BEACH LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of business, business interruption, or cost of substitute services, arising out of or in connection with these Terms, the Site, or the Services, whether based on contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.
In no event shall our total aggregate liability to you for all claims arising out of or relating to these Terms, the Site, or the Services exceed the total amount paid by you to KOLA BEACH LLC for the specific Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.
Disclaimers
Site. The Site is provided on an as is and as available basis. We make no representations or warranties of any kind, express or implied, regarding the operation or availability of the Site, or the accuracy, completeness, or reliability of any content on the Site. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Services. While we perform Services in a professional and workmanlike manner consistent with industry standards, we do not guarantee specific business outcomes, revenue increases, or cost savings as a result of our Services. Technology environments are complex and outcomes depend on numerous factors beyond our control.
Termination
We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. For ongoing Services, termination shall be governed by the terms of the applicable service agreement. Upon termination, your right to use the Site and Services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property, limitation of liability, disclaimers, governing law, and dispute resolution.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Miami-Dade County, Florida for the resolution of any disputes arising out of or relating to these Terms, the Site, or the Services.
Dispute Resolution
Informal Resolution. Before initiating any formal legal action, you agree to first contact us at hello@kolabeach.lol and attempt to resolve the dispute informally. Both parties agree to participate in good faith in at least thirty (30) days of informal negotiations before pursuing any other remedy.
Arbitration. If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Miami-Dade County, Florida. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
Changes to Terms
We reserve the right to modify or replace these Terms at any time. When we make material changes, we will update the Last updated date at the top of this page and provide reasonable notice, which may include a notice on our Site or via email if you are a registered client. Your continued use of the Site or Services after any changes constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Site and Services.
Contact Information
For questions about these Terms of Service, please contact us:
KOLA BEACH LLC
7520 NW 104TH Ave Unit A103
Doral, FL 33178-3375
United States
Email: hello@kolabeach.lol
Phone: +1 (463) 345-8085