1. TERMS
1.1 Where the term “You” or “Your” is used below, this shall mean the person accessing this website, submitting an order form, requested a quote, or making a digitally downloaded purchase.
1.2 Where the term ”We”, “Us”,or “Our” is used below, this shall mean Kalos Engineering LLC.
1.3 Where the term “digitally downloaded products” is used below, this shall mean any product that Kalos Engineering LLC is offering through the use of this website.
2. GENERAL
2.1 You must be at least 18 years old to use this site. By using this Website You warrant that You are at least 18 years of age and by making any purchase You are also warranting that you are at least 18 years of age.
2.2 You must either be be a Licensed Proffessional Engineer, Architect, Designer to use this site, or a Certified Construction Contractor. You must hold the Proffesional License or Contractor License in the state the project is being permitted in.
2.3 By completing one of Our order forms and submitting the form to Us, You are agreeing that we may store, process and use personal data collected from you for the purposes of processing/fulfilling your order. We agree to the discrete handling of your personal information in accordance with our Privacy Policy below.
2.4 You agree not to use the Website for any illegal or immoral purposes, and you will use it in compliance with all applicable laws and regulations, and rules of use set forth herein. You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient, or such that the effectiveness or functionality of the Website is in any way impaired. You agree to making payment to Us in the event that You submit an order form which was fictitiously or erroneously submitted. You agree to provide us with truthful, complete and accurate details and to use the Website for no other purpose than for its intended specific use.
2.5 We reserve the right to modify or withdraw, (temporarily or permanently), the whole/any part of this Website with or without notice to its Website users. We shall not be liable to the Website users or any third party for any modification to or withdrawal of the Website.
2.6 We reserve the right, in Our sole discretion to reject any order we receive. We will provide notification in the event of rejection to provide service to the Website user.
2.7 Each time You complete and order form for purchase of the energy forms through this site You will be required to click the “Submit Order” button to complete the order. By clicking the “Submit Order” button You are accepting these terms and conditions of sale.
2.8 Any terms which the Website user seeks to impose in respect of their purchase of digitally downloaded products through this site will not form part of any contract between the Website user and Us. Please read these terms and conditions carefully before ordering any of the products from our site. If You have any queries on these terms please contact Us before placing any order.
2.9 You agree that for all of our Commercial products we offer on this site, We are the preparers of the Energy Compliance Calcuations only, and not the Project Engineer of Record (EOR), nor the Project Deligating Engineer (DE), as defined in the Florida Administation Code. It shall further be understood by both parties that Our Manual N service provided to You for commercial estimates for heating, cooling and ventilation loads are preliminary estimates not to be used for permit without adoption by the Project EOR or DE as their own work, under the rules set forth in the Florida Administrative Code.
2.10 It shall be understood between You and Us that all liability for properly sizing air conditioning equipment shall reside with the EOR or DE for Your project. Furthermore it shall be understood between You and Us that We shall not be liable for any error in sizing of the air conditioning equipment that is resulting from misinformation given to Us by way of information submitted by You on the order form, construction plans, or by any other means of communicating project information to Us.
2.11 We shall not be liable for any damages resulting from any equipment that is installed at variance with what is shown or indicated in the Energy Compliance Forms that We submitted to you. We will not be liable for damage resulting from improperly installed equipment.
2.12 It shall be understood between You and Us that purchase of digitally downloaded products shall be provided in a .pdf format for all products purchased and downloaded, but shall not include a copy of the data file(s) created by the software used to generate the digitally downloaded products, without special considerations agreed upon between You and Us prior to the order submission.
3. PAYMENTS AND REFUND POLICY
3.1 Your total price will include the price of the digitally downloaded energy forms plus any applicable transaction fee imposed by Our third-party banking entity. We will charge tax only in states where digital goods are taxable. Our estimate of service to You will not include any fees by our third party banking entity or any tax, where applicable.
3.2 We strive to honor all Our quotes to You. However, We are under no obligation to provide the digitally downloaded forms to You at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing mistake. We reserve the right to withdraw from any contract for digitally downloaded products in the case of obvious and unmistakable pricing errors.
3.3 We are under no obligation to provide the digitally downloaded forms to You at the price We quoted to You if the information You provided to Us for the quote is in conflict with project information you provided to Us in the order form submitted, or in conflict with the information indicated on the plans You submitted to Us.
3.4 All credit/debit card holders are subject to validation checks and authorization by the card issuer or by our third party banking entity. Should there be a problem with Your payment we will contact You to discuss the next steps. However, if the issuer of Your card or Our third party banking entity refuses to authorize payment, We will not accept Your order until corrections to payment are made by You. We will not be liable for any delay or non-delivery that results from payment delay. We are not responsible for Your card issuer or Our third party banking entity charging You as a result of conflicts arising from the processing of Your credit/debit card payment for Your order with Us.
3.5 In order to remain competitive, We aggressively begins processing orders as soon as they are received in order to provide You with a quick turn around on your order. As a result, You may not cancel Your order or receive a refund for Your digitally downloaded products once You have submitted Your order to Us. Submitting a completed order form on line for purchase of digitally downloadable products shall be deemed a final, non-exchangeable, non-refundable sale.
3.6 We will replace any faulty digitally downloaded product. If there are continuing issues with the downloading of our digital product and we cannot resolve the issue, we will issue a refund. You must notify us of a faulty downloaded product within a reasonable period of time after the download takes place. If You fail to notify us within a reasonable time, we will have no liability to you.
3.6 For assistance with billing questions or other inquiries please contact us by phone or email. See our ‘Contact Us’ page.
4. DOWNLOADING AND USE OF FORMS
4.1 All sales of digitally downloaded forms are final. Once You make payment on-line, You own the digitally downloaded product that you purchased and may distribute it as You wish. Our contract is solely with the person submitting the order form. We will not be liable for the distribution of Your digitally downloaded product once We distribute it to You. We will not be liable to persons to whom You distribute the digitally downloaded forms to.
4.2 Downloading and Risk of Loss: Once You have purchased the digitally downloaded products, You are encouraged to download it promptly and to make a back-up copy of it. If You are unable to complete a download after having reviewed the online help resources, You shall contact our customer service for assistance.
4.3 If a product becomes unavailable following a transaction but prior to download, We may release the digitally downloaded product to You as a result of the technical difficulties. We may only release the digitally downloaded product to the credit card holder or purchaser of the digitally downloaded product.
5. PRIVACY POLICY
5.1 We take our customers privacy very seriously, and take many steps to protect any personal information we may hold as a result of our interaction with You. Below is our privacy policy which sets out Our data protection commitments, and the terms under which We may use and store any data relating to You and any transaction with Us.
5.2 Customer information will be kept secure and confidential and will be used only for those purposes made known to users at the time the information is collected, or for the purposes specified in this privacy policy. We follow strict security procedures for the storage and disclosure or information you have given Us in order to prevent unauthorized access.
5.3 Where You have provided information for the purposes of purchasing or accessing digitally downloaded products through this Website, We use this information to process orders, provide access to and deliver products and services, process payments, communicate with You about Your orders, products, services and promotional offers, and update our records.
5.4 We do not share your personal information with third party entities for the purpose of marketing or other forms of profitable gain. We may use Your information to prevent or detect fraud or abuses of this Website and enable third parties to carry out technical, logistical or other functions on our behalf.
5.5 Whenever We obtain Your personal information We take reasonable precautions to protect it from unauthorized access or disclosure, but We cannot guarantee the security of Your personal information transmitted over the internet. We accept no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts beyond our reasonable control.
6. LIMITED LIABILITY AND THIRD PARTIES
6.1 We are not responsible for losses which happen as a side effect of the main loss or damage and which are not foreseeable by You and Us including but not limited to: loss of income or revenue; loss of business, loss of profits or contracts, loss of anticipated savings, loss of opportunity or goodwill;, indirect or consequential loss of any kind; however arising and whether caused by tort (including negligence), breach of contract or otherwise.
6.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract for a digitally downloaded product that is caused by events outside our reasonable control including, but not limited to: civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private telecommunications networks and/or the acts, decrees, legislation, regulations or restrictions of any kind.
6.3 We have the right to revise and amend these terms and conditions of sale from time to time including to reflect changes affecting our business, changes in technology, changes in licensing arrangements, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our site’s capabilities without notification to Our customers.
6.4 This Website is subject to developmental change. The Website user will not be eligible for any compensation because You cannot use any part of the Website or because of a failure, suspension, or withdrawal (temporary or permanent) of all or part of this Website.
6.5 You agree that in the event that you have any right, claim, or action against any users of our Website, or any third-party entity arising in connection with the use of Our Website, which is originating out of that user’s use of this Website, or that third party’s use or affiliation with this Website, then you will pursue such right, claim or action independently of and without recourse to us.
6.6 We ensure that Our web host employs virus protection anvirus monitoring software to protect Our website at all times. However, We do not represent or guarantee that any service provided via the Website will be free from loss, corruption, attack, viruses, interferences, hacking or other security intrusions and we disclaim any liability relating thereto.
7. CHANGES TO THIS POLICY
7.1 We may alter these Conditions at any time and Your use of the whole/any part of the Website following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Conditions have been changed. If You do not agree to any change to the Conditions then you must immediately stop using the Website. We recommend you review these terms and conditions each time you use this Website. We recommend You print a copy of these terms and conditions for your future reference.
7.2 You will be subject to the policies and terms and conditions of sale in force at the time that You order Your digitally downloaded forms from us, unless any change to those policies or these terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we give You reasonable notice of the change to those policies or these Terms and Conditions of sale before we confirm your order (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless You notify us to the contrary within seven working days of receipt by you of your digitally downloaded forms or our entering into the contract for the digitally downloaded forms (as applicable).