Independent Contractor Terms
INDEPENDENT CONTRACTOR TERMS & CONDITIONS
These Independent Contractor Terms and Conditions (“T&Cs”) set forth the terms and conditions governing all transactions between Rent A Landscaper, LLC (d/b/a Kriqit) a Georgia limited liability company (“Kriqit”) and you (collectively, “you” and Kriqit are referred to herein as the “Parties” or individually as a “Party”), including but not limited to your purchase or free download of any application (the “App”), use of Kriqit’s website (the “Website”), or the acceptance of any agreement to provide services through Kriqit, the App, or Kriqit’s website. By clicking “agree”, you accept the following terms and conditions:
1. Services. Kriqit provides a platform, through the Website or the App, that allows you to register to provide unskilled labor assistance with simple home landscaping, lawn and garden maintenance, and related services (the “Services”) to individuals requesting such services through the App or the Website (the “Customer”) at their home, business, or other location (the “Premises”). Kriqit does not provide the Services directly, and no employees of Kriqit nor Kriqit are parties to any agreement between you and the Customer for whom you perform the Services.
2. Merger. These T&Cs are the only agreement between you and Kriqit, and make up the sum total of the agreement between you and Kriqit.
3. Amendment. These T&Cs may be amended from time to time by Kriqit at its leisure, and any such updates will be posted at https://www.Kriqit.com/terms (“Terms Page”). Upon contracting to provide Services through the app, or any website maintained by Kriqit, you agree that the most current version of these T&Cs, as posted at the Terms Page on the date of such agreement, will govern that contract for Services. You are responsible for regularly reviewing the Terms Page for any updates to the T&Cs governing any specific transaction.
4. Termination. Kriqit reserves the right, notwithstanding anything in these T&Cs to the contrary, to terminate the agreement between you and Kriqit at any time, for any reason, or for no reason at all.
5. Independent Contractor. At all time while using the Website, the App, or providing Services to any Customer (including traveling to and from any job site), you are an independent contractor. Kriqit will not provide the tools required to perform any of the Services, nor will Kriqit provide any direction as to how to perform the Services. Note that you will be paid only for the time allotted for a particular job; you will not be paid for travel time to and from the jobsite.
6. No Joint Venture. No joint venture, partnership, employment, or agency relationship exists between you, any other user, Kriqit, any Customer(s), or any third party provider as a result of your use of the App or the Website, or any agreement to perform or schedule any Services.
7. Your Freedom To Provide Services. You represent and warrant that you are under no obligation or restriction, nor will you assume any such obligation or restriction, that would in any way interfere or be inconsistent with the Services to be furnished by you under these T&Cs. In providing Services under these T&Cs, you understand that Kriqit does not wish to receive from you any information that may be considered confidential and/or proprietary to you and/or to any one or more third parties, and that you will not present such information.
8. Your Additional Responsibilities. You agree, covenant, and represent that because you are an independent contractor and not an employee of Kriqit, you are responsible for paying any federal, state, or local payroll, social security, disability, self-employment insurance, income and other taxes of assessments. You shall, at your own expense, pay and be fully liable and responsible for, and indemnify and hold harmless Kriqit for any assessments, fines, or penalties relating to Kriqit’s failure to pay or withhold, any and all taxes relating to any compensation paid pursuant to these T&Cs. Further, you understand and agree that you are not eligible to participate in any unemployment, disability, medical, dental, life or any other insurance programs, or any other benefit or program that is or may be sponsored, financed or provided by Kriqit for its employees. Further, you agree to indemnify, hold harmless, and defend Kriqit from any and all costs, liabilities, damages, attorneys fees, or expenses of any kind that arise out of, or are in any way related to your negligence, misconduct, or any of your acts or omissions while performing or failing to perform the Services or any other obligations under these T&Cs. Further, you shall be responsible for obtaining all applicable business licenses required by local, state, or federal law, rules, regulations, or local ordinances.
9. Reasonable Safety Precautions.
- (a) You understand and agree that Kriqit does not perform any criminal background checks on any Customer(s), nor will Kriqit inquire into the criminal background of any Customer(s).
- (b) You agree to exercise reasonable safety precautions while you are present on the Premises, including:
- (i) You will not enter into any home or other structure on the Premises for any reason or at any time;
- (ii) You will ensure that any items of your personal property are secured on the Premises at all times while you are present on the Premises;
- (iii) You will ensure that you are familiar with and abide by the best safety practices while performing the Services and in using any tools to provide the Services, and you will ensure that any tools you use in providing the Services are in good working order prior to and while providing the Services.
- (iv) Kriqit cannot and will not be held responsible for injury to you or to a Customer’s property, regardless of whether such injury or damage is a result of any negligence, recklessness, or willful indifference on your part. If you use any of the Customer’s tools in performing a job, you are responsible for:
- (A) determining that the tools are in good working order and safe to use; and
- (B) any damage that occurs to the Customer’s tools during such job.
- (c) You understand and expressly agree that your failure to abide by these reasonable safety precautions may expose you to harm, including but not limited to personal injury, loss of property, and other types of harm or damage. In the event you suffer harm or damage as a result of your failure to abide by these reasonable safety precautions, you agree to indemnify Kriqit to the fullest extent allowable by law and in accordance with Paragraph 16 hereof.
10. Inclement Weather.
- (a) For your protection, no Services cannot be performed during inclement weather. In accordance with best practices for the preservation of the Premises and safety for our Contractors, no Services will be performed if thunder can be heard in the area, during periods of heavy rain, or when recent inclement weather has rendered the Premises unsafe or unsuitable for the Services.
- (b) You are responsible for assessing and being aware of any inclement weather in the area, and the decision to cancel any Services shall be made in your sole discretion.
- (c) Kriqit reserves the right to review any decision to cancel any scheduled Services due to inclement weather, and may, in its sole discretion, assess a “strike” as described in Paragraph 13 hereof in the event that it determines the weather was suitable for the provision of the Services. You will not be paid for any Services canceled as a result of inclement weather; in the event that the Services are started, but not completed, and are stopped due to inclement weather, you will be paid only for the time you spent in providing the Services.
11. Job Requirements. When you agree to provide Services to a Customer through the Website or the App, you agree to be responsible for the following:
- (a) You will appear at the Premises no less than five (5) minutes prior to the scheduled time to provide the Services.
- (b) You will discuss with the Customer the exact Services you are to perform, and will ensure that you understand the Customer’s request prior to starting work on the Services.
- (c) You will survey the jobsite and the Premises for any unsafe or hazardous conditions, and inquire of the Customer about any non-obvious hazards.
- (d) You will ensure, by speaking with the Customer, that all all applicable laws, ordinances, rules and regulations, for marking all locations for utility services on the Premises, including but not limited to phone and cable wires, water and gas pipes, power lines, and all other similar services have been complied with.
- (e) You will, based on the description of the Services received through the Website or the App, bring all required tools to perform the Services. If you elect to use the Customer’s tools, you are responsible for determining whether such tools can be safely used, and you are also responsible for any damage to such tools.
- (f) In addition, you will have, on every jobsite where you agree to provide Services, the following tools and materials, which you must provide:
- (i) Sufficient water for you for the scheduled time for the Services, taking into account the weather and your personal needs;
- (ii) a pair of sturdy gloves;
- (iii) closed-toed shoes;
- (iv) any other tools you require to perform the Services.
- (g) You may not bring anyone else along with you to any job site.
- (h) The Customer will review your work after you have completed the job; you are not required to wait on Customer approval before the leaving the job-site.
- (a) You will receive payment check mailed to the address you have provided. Checks will be mailed on the first (1st) and (15th) of each month for work completed no less than seven (7) days prior to the date of mailing.
- (b) The hourly rate for all Services is $12.00 per hour.
- (c) You will be on-site for the amount of time pre-paid by the Customer through the Website or the App, regardless of the amount of time it takes to complete the Services or any task assigned to you. You will not be paid for any time beyond the pre-paid time scheduled by the Customer through the Website or the App. Note that you will be paid only for the time allotted for a particular job; you will not be paid for travel time to and from the jobsite.
13. Cancellation and Quality Control.
- (a) You are responsible for keeping your availability calendar up to date through the Website or the App. Failure to do so could result in you being assigned jobs that you will have to cancel, and subject you to the penalties below.
- (b) You may cancel any scheduled Services at any time more than 72 hours prior to the scheduled start of any Services without penalty.
- (c) The following will result in the assessment against you of one “strike”:
- (i) Cancellation of any Services less than 72 hours prior to the scheduled start time for such Services;
- (ii) Any Customer leaves a negative review of the Services performed by you;
- (iii) You arrive on the Premises more than 15 minutes after the scheduled start timefor the Services.
- (d) If you receive three (3) or more “strikes” during any rolling sixty (60) day period, your relationship with Kriqit will be terminated, all future scheduled Services will be canceled, and will no longer be eligible to schedule Services through Kriqit as a contractor.
14. Limitation of Liabilities.
(a) YOU ACKNOWLEDGE AND AGREE THAT KRIQIT IS ONLY WILLING TO PROVIDE THE PLATFORM, INCLUDING THE WEBSITE AND THE APP, AND TO ALLOW YOU TO SCHEDULE OR PROVIDE SERVICES TO CUSTOMERS IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES.
THEREFORE, YOU AGREE NOT TO HOLD KRIQIT, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE APP OR THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY CUSTOMER OR OTHER USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY KRIQIT OR ITS AFFILIATES OR LICENSORS, AND ANY DESTRUCTION OF YOUR INFORMATION.
(b) UNDER NO CIRCUMSTANCES WILL KRIQIT, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP OR THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
(c) KRIQIT DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY SERVICES PERFORMED OR THE CONDITIONS OF ANY PREMISES WHERE SERVICES ARE SCHEDULED OR PERFORMED.
(d) IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT KRIQIT OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY KRIQIT TO YOU DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
(e) THE APP AND/OR THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. KRIQIT IS NOT RESPONSIBLE FOR
ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
(f) IN NO EVENT SHALL KRIQIT AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). KRIQIT AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, THE APP, OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, THE APP, OR THE WEBSITE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CUSTOMER, ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER, OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS A USER OF THE SERVICES, THE APP, OR THE WEBSITE, EVEN IF KRIQIT AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(g) KRIQIT’S APP AND WEBSITE INTRODUCE ITS USERS FOR THE PURPOSES OF ARRANGING WITH YOU FOR LAWN MAINTENANCE AND RELATED SERVICES. KRIQIT CURRENTLY DOES NOT AND HAS NO OBLIGATIONS TO ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY CONTRACTOR TO PROVIDE OR COMPLETE THE SERVICES AND YOU EXPRESSLY WAIVE AND RELEASE KRIQIT FROM ANY AND ALL ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR PROVISION OF THE SERVICES. KRIQIT WILL NOT BE A PARTY TO DISPUTES, OR ANY NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY CUSTOMER(S). RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APP OR THE WEBSITE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. YOU EXPRESSLY WAIVE AND RELEASE KRIQIT FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APP, THE WEBSITE OR THE SERVICES, OR IN ANY WAY RELATED TO ANOTHER USER OR ANY OTHER THIRD PARTY INTRODUCED TO YOU BY THE APPLICATIONS OR SERVICES, OR OTHERWISE.
(h) YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
(i) THE QUALITY OF THE SERVICES PERFORMED BY ANY CONTRACTOR AND
SCHEDULED THROUGH THE APP OR THE WEBSITE IS ENTIRELY THE RESPONSIBILITY OF THE CONTRACTOR WHO ULTIMATELY PROVIDES SUCH SERVICES. YOU ACKNOWLEDGE AND AGREE THAT BY USING THE APP OR THE WESBITE, OR BY SCHEDULING AND AGREEING TO RECEIVE THE SERVICES, YOU MAY BE EXPOSED TO UNKNOWN THIRD-PARTIES AND/OR SITUATIONS THAT MAY BE OR ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE.
(j) YOUR REMEDIES FOR ANY INJURY SUFFERED WHILE PERFORMING ANY WORK ON BEHALF OF KRIQIT SHALL BE LIMITED TO THOSE REMEDIES AVAILABLE PURSUANT TO ANY APPLICABLE WORKERS’ COMPENSATION LAW IN EFFECT IN THE JURISDICTION WHERE THE WORK IS PERFORMED.
15. Your Exclusive Remedies.
(a) If you believe that you have suffered an injury while performing the Services, you agree that your remedy shall be limited to those remedies available under Georgia’s Worker’s Compensation law, or, if applicable, the Workers’ Compensation law then in effect in the State where such injury occurred. You expressly waive any claim you may have against Kriqit for any such damages, including but not limited to damages for any personal injury, whether to you or any other person on the Premises, or for consequential, punitive, special, or any other measure of damages.
(b) You agree to notify Kriqit within twenty-four hours of any injury you claim to have suffered during your performance of any Services; if you fail to do so, you hereby agree to waive any such claim, and to fully indemnify Kriqit against any liability related to such claim in accordance with Paragraph 16 hereof.
16. Indemnity. By using the App, the Website, or scheduling any Services, you agree to, and will,
defend, indemnify, and hold Kriqit and our officers, directors, employees, agents and any third parties harmless for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of the Services, the provision of the Services, or your use of the App or the Website, including: your breach of these T&Cs; or your violation of any law or the rights of any third party, including, without limitation, other users of the App or Website, and/or Customers; any injury suffered by any you in providing the Services, or traveling to or from any location to provide Services; and/or any other activities in connection with the Services. To the greatest extent allowable by applicable law, this indemnity shall be applicable without regard to the negligence of any party, including any indemnified person or entity.
17. Breach. Without limiting other remedies, you agree Kriqit may terminate your participation in the App, the Website, immediately terminate providing any Services, and/or cancel any scheduled Services, remove your information from our data bases (including deleting your account), warn our community of your actions, issue a warning, and refuse to provide our Services to you if you breach the terms of the T&Cs, or any document(s) incorporated therein by reference; we are unable to verify or authenticate any information you provide to us; we believe that your actions may cause financial loss or legal liability for you, other users or Kriqit, its affiliates, or third party providers, or subject Kriqit or you or any other User to regulation by any state or local government or regulatory agency; or if we suspect that you have engaged in fraudulent or harmful activity in connection with the App, the
Website, or the Services. 18. Warranties.
(a) KRIQIT SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN ANY USERS, CONTRACTORS, AND/OR THIRD PARTIES. USE OF THE APP OR THE WEBSITE AND SCHEDULING SERVICES IS ENTIRELY AT YOUR OWN RISK.
(b) The App and the Website are provided to you strictly on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement and all warranties are hereby disclaimed by Kriqit to the maximum extent permitted by applicable law. Kriqit makes no warranties or representations about the accuracy or completeness of any content provided through the App or the Website or the content of any websites linked to the App or the Website.
(c) Kriqit does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through the App, the Website, or any hyperlinked website or featured in any banner or other advertising and Kriqit will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein.
(d) The amount of time contracted for does not represent a guaranty or warranty by Kriqit that the Contractor can complete the desired tasks in the amount of time contracted for, or that any task can be completed in the allotted time.
(e) Kriqit does not perform background checks on any Contractors nor on its Customers, nor does it assess any Contractor’s skills or ability to provide the Services. Kriqit does not warranty any work done by any Contractor, and cannot guarantee your satisfaction with any Services provided. Kriqit does not warranty or guarantee your safety while on or traveling to the Premises, including from any acts of any Customer outside the scope of the Services.
(f) Without limiting the foregoing, Kriqit does not warrant or guarantee:
(i) that access to the App or the Website will be uninterrupted, error-free, secure, timely or operate on any Device or in combination with any other hardware, application, system or data;
(ii) the results that may be obtained from the use of the App, the Website, or the Services;
(iii) that the App, the Website, or the Services, or the quality of any products, services, information or other material purchased or obtained by you through the Services or the Applications, will meet your requirements or expectations;
(iv) the timeliness, accuracy, or reliability, of any Contractor;
(v) that the Premises are safe and free from unknown or concealed hazards or defects, or that any Customer has or does not have any criminal background or tendencies that may expose you to harm or danger;
(vi) the timeliness, accuracy, or reliability of the App, the Website, or the Services, or any information or materials provided through or in connection with the use of the App, the Website, or the Services;
(vii) that the App or the Website are free from viruses, worms, Trojan horses, or other harmful components or that any errors or defects in the App or the Website will be corrected; or
(viii) that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
19. Notices. All notices, consents, requests and other communications hereunder shall be in writing and shall be sent by email, or certified or registered mail (return-receipt requested) as set forth below:
If to Kriqit: email@example.com
If to you, to the email address you provided when creating your account on the Website
or on the App.
20. Assignment. You may not assign this agreement to or for the benefit of any other party without the express written consent of Kriqit.
(a) The Parties hereto agree to make a good faith effort to resolve any dispute through negotiation. Only in the event that the Parties are unable to resolve such a dispute, the Parties agree to submit such dispute for mediation with a mediator qualified by the Georgia Office of Dispute Resolution and listed at http://www.godr.org/.
(b) Any dispute, controversy or claim arising out of or in connection with, or relating to, these T&Cs or any breach or alleged breach hereof that cannot be resolved as set forth in subsection (a) of this Paragraph 21 shall, upon the request of any party involved, be submitted to, and settled by, arbitration in the county in Oconee County, Georgia, pursuant to the commercial arbitration rules then in effect of the American Arbitration Association (or at any time or at any other place of under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the cost of its own experts, evidence and counsel’s fees, except that in the discretion of the arbitrator, any award may include the cost of a party’s counsel of the arbitrator expressly determines that the party against whom such award is entered has caused the dispute, controversy or claim to be submitted to arbitration as a dilatory tactic.
22. Application of Georgia Law. These T&Cs, and the application of interpretation hereof, shall be governed exclusively by its terms and by the laws of the State of Georgia without regard to the conflict of law provisions thereof.
23. Construction. Whenever the singular number is used in these T&Cs and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa.
24. Headings. The headings in these T&Cs are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of these T&Cs or any provision hereof.
25. Waivers. The failure of Kriqit to seek immediate redress for violation of or to insist upon the strict performance of any covenant or condition of these T&Cs shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation, and no such waiver shall be effective unless any such claim is waived in writing by Kriqit.
26. Severability. If any provision of these T&Cs or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of these T&Cs and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.
27. Heirs, Successors, and Assigns. Each and all of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the Parties hereto and, to the extent permitted by these T&Cs, their respective heirs, legal representatives, successors and assigns.
28. Jurisdiction and Venue. Subject to the provisions of Paragraph 21 hereof, any action or proceeding seeking to enforce any provision of, or based on any right arising out of, these T&Cs may be brought against any of the Parties in the courts of Oconee County Georgia, or, if it has or can acquire jurisdiction, in the United States District Court for the Middle District of Georgia, Athens Division, and each of the Parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world.
29. Time. TIME IS OF THE ESSENCE OF THIS AGREEMENT, AND TO ANY PAYMENTS, ALLOCATIONS, AND DISTRIBUTIONS SPECIFIED UNDER THIS AGREEMENT.