Terms of Service

Welcome to MKOD SERVICES LLC. These Terms of Service govern your use of our website at mkodservices.lat and the technology solutions we provide, including computer systems design, IT consulting, software engineering, cloud and DevOps services, cybersecurity, and technical support. By accessing our website or engaging our services, you agree to be bound by these terms. If you do not agree with any part of these terms, you must not use our website or services.

Definitions

In these Terms of Service, Company refers to MKOD SERVICES LLC, a Florida limited liability company with its principal office at 1447 Amanda St, Hollywood, FL 33020-3256. Client or You refers to any individual or entity accessing our website or engaging our services. Services refers to all technology consulting, systems design, software development, cloud infrastructure, cybersecurity, and support services offered by the Company. Agreement refers to these Terms of Service together with any service agreements, statements of work, or proposals executed between the Company and Client.

Acceptance of Terms

By using our website or engaging our services, you represent that you are at least 18 years of age and have the legal authority to enter into this Agreement. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these terms, and references to You or Client shall include that organization.

Scope of Services

MKOD SERVICES LLC provides technology solutions as described on our website and in individual service agreements. The specific scope, deliverables, timelines, and fees for each engagement will be defined in a separate statement of work or service agreement. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice to affected clients.

Client Obligations

The Client agrees to provide timely access to necessary information, systems, and personnel required for service delivery, communicate project requirements and changes promptly, make payments according to agreed-upon schedules, maintain appropriate backups of their own data and systems, and comply with all applicable laws and regulations in connection with the services provided.

Intellectual Property

All intellectual property rights in materials, code, documentation, and deliverables created specifically for the Client under a service agreement shall belong to the Client upon full payment, except for the Company pre-existing tools, frameworks, and methodologies. The Company retains ownership of all proprietary tools, processes, and general knowledge developed prior to or independently of any client engagement. The Company may use anonymized, aggregated data derived from service delivery for internal improvement purposes.

Payment Terms

Fees for services will be as specified in the applicable service agreement or statement of work. Unless otherwise stated, invoices are due within 30 days of issuance. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by Florida law, whichever is less. The Client is responsible for all applicable taxes unless a valid tax exemption certificate is provided.

Limitation of Liability

To the maximum extent permitted by applicable law, MKOD SERVICES LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from or related to the use of our services. Our total aggregate liability for any claims arising under this Agreement shall not exceed the total fees paid by the Client in the twelve months preceding the claim. These limitations apply regardless of the legal theory and even if the Company has been advised of the possibility of such damages.

Indemnification

The Client agrees to indemnify, defend, and hold harmless MKOD SERVICES LLC, its members, employees, and agents from any claims, damages, losses, or expenses arising from the Client use of our services in violation of applicable law, the Client breach of this Agreement, or any third-party claims related to content or materials provided by the Client.

Confidentiality

Both parties agree to maintain the confidentiality of proprietary information disclosed during the course of service delivery. Confidential information includes business plans, technical data, trade secrets, and any information marked as confidential or that a reasonable person would understand to be confidential. This obligation survives termination of the Agreement for a period of three years.

Termination

Either party may terminate an engagement upon 30 days written notice. The Company may terminate immediately if the Client breaches any material term of this Agreement or fails to make timely payments. Upon termination, the Client shall pay for all services rendered and expenses incurred through the termination date. Provisions regarding intellectual property, confidentiality, limitation of liability, and indemnification shall survive termination.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to conflict of law principles. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Broward County, Florida. The parties consent to personal jurisdiction and venue in such courts.

Dispute Resolution

Before initiating any formal legal proceedings, the parties agree to attempt to resolve disputes through good-faith negotiation for a period of 30 days. If negotiation fails, disputes shall be resolved through binding arbitration administered in Broward County, Florida, in accordance with the rules of the American Arbitration Association. The arbitrator decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.

Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, pandemics, government actions, internet outages, or other force majeure events. The affected party shall provide prompt notice and use reasonable efforts to mitigate the impact of such events.

Modifications to Terms

MKOD SERVICES LLC reserves the right to modify these Terms of Service at any time. Material changes will be posted on our website with an updated effective date. Continued use of our website or services after changes constitutes acceptance of the modified terms. We encourage you to review these terms periodically.

Severability

If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties original intent.

Entire Agreement

These Terms of Service, together with any service agreements or statements of work executed between the parties, constitute the entire agreement between MKOD SERVICES LLC and the Client regarding the subject matter herein. This Agreement supersedes all prior negotiations, representations, and agreements, whether written or oral.

Contact Information

For questions regarding these Terms of Service, please contact us at:

MKOD SERVICES LLC
1447 Amanda St
Hollywood, FL 33020-3256
United States
Email: mail@mkodservices.lat
Phone: +1 956 779 8850