Acceptance of Terms
By accessing and using the Khan Design website (“Site”), you agree to comply with and be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use the Site.
Use of the Site
You agree to use the Site only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site.
Intellectual Property
All content on the Site, including text, graphics, logos, and images, is the property of Khan Design and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on the Site without our express written permission.
User Accounts
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
Privacy
Your use of the Site is also governed by our Privacy Policy, which can be found there.
Limitation of Liability
Khan Design will not be liable for any damages arising from the use or inability to use the Site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Labor and Workmanship Warranty
One-year warranty
Khan Design warrants its installation labor and workmanship for one (1) year. This covers the work we perform ourselves, such as mounting, wiring, terminations, equipment installation, and the programming and configuration we deliver. The one-year period begins on the date the work is completed. Where a project is completed in phases, the period for each phase begins when that phase is completed.
What we will do
If a defect in our labor or workmanship is reported to us in writing within the warranty period, we will repair or re-perform the affected work at no charge for our labor. Work performed under warranty does not extend or restart the warranty period. After the one-year period ends, service is billable at our then-current rates unless a service or maintenance plan covers it.
What is not covered
This warranty covers our labor only. Equipment and materials are covered solely by their manufacturers’ warranties, and labor to diagnose, remove, ship, or reinstall equipment for a manufacturer warranty claim after the one-year period is billable. This warranty also does not cover problems caused by misuse, accident, or neglect; power surges, lightning, water, or other environmental conditions; your network, internet service, or equipment we did not supply; normal wear, batteries, lamps, and other consumables; or any Modification described in the next section.
Other agreements and your legal rights
If a signed proposal, work order, or service agreement between you and Khan Design states a different warranty for a project, that document controls for that project. To the extent permitted by law, this is the only warranty Khan Design gives on its labor. Nothing in this section limits any right you have under applicable law that cannot be waived or limited by agreement.
System Modifications by Customers and Third Parties
Scope
This section applies to every project Khan Design performs, whether the project is still in progress or has been completed, and to every system, or part of a system, that we design, supply, install, program, configure, or commission (the “System”). The System includes, without limitation, control and automation programming, source code and logic, user interfaces, scenes, presets, schedules and macros, audio, video, lighting, and shading settings and calibration, DSP and tuning files, network and Wi-Fi configuration, device settings and firmware, accounts and credentials, wiring and terminations, rack and equipment layout, and the equipment itself.
What counts as a modification
A “Modification” is any change, addition, removal, replacement, reset, update, or adjustment to the System made by anyone other than Khan Design or a party acting under our written direction. This includes changes made by you, members of your household, your employees or staff, your IT provider, another integrator, programmer, electrician, contractor, or trade, a manufacturer or dealer representative, or anyone else you allow to access the System, whether the change is made in person, through an app or web interface, through programming or configuration software, or by remote access. Examples include:
- editing, replacing, overwriting, or deleting programming, code, logic, drivers, or configuration files;
- changing, overwriting, or deleting presets, scenes, schedules, macros, calibration, tuning, or other saved settings outside the controls we provided for everyday use;
- factory-resetting a device, or manually installing, rolling back, or blocking firmware or software;
- adding, removing, replacing, relocating, or re-wiring equipment, or connecting equipment we did not supply;
- changing the network the System depends on, including the router, switches, access points, internet service, IP addressing, VLANs, firewall rules, Wi-Fi names, or passwords;
- changing, sharing, or revoking the accounts, licenses, or credentials the System uses to operate; and
- any other change to how the System was delivered, documented, or last left by Khan Design.
Ordinary use is not a modification
Operating the System through the remotes, keypads, touch panels, and apps we set up for you, such as selecting sources, adjusting volume, recalling scenes, or changing a setting we have identified as user-adjustable, is normal use and does not affect your coverage.
Effect of a modification
Once a Modification is made, Khan Design is no longer responsible for the modified portion of the System or for any other part of the System that the Modification affects. In particular, we are not responsible for setting up, re-programming, restoring, re-commissioning, troubleshooting, maintaining, updating, or supporting it; for its performance, reliability, compatibility, security, or safety; for lost or overwritten programming, presets, or settings; or for any loss, damage, downtime, or cost that results from the Modification. Our labor and workmanship warranty, and our obligations under any service or maintenance plan, do not cover problems caused by or arising from a Modification. Manufacturer warranties remain subject to each manufacturer’s own terms, which may also be affected.
Projects in progress
If a Modification is made while a project is still underway, including to portions we have already completed, any time we spend identifying, working around, or correcting it is additional work outside the agreed scope and will be handled as a change order. We are not responsible for resulting delays or missed dates, and we may pause the affected work until the condition of the System is understood. A Modification does not delay, reduce, or excuse any payment that is otherwise due, and work we completed before the Modification is treated as delivered in the condition in which we left it.
Service after a modification
We are not obligated to service a modified System, but we may agree to do so. If we do, all related work, including the time needed to diagnose the issue and determine what was changed, is billable at our then-current rates, even where the System would otherwise be under warranty or a service plan. We do not guarantee that a modified System can be returned to its previous state. We may keep backups of programming and configuration, but we are not required to, and restoring from a backup is billable work. Coverage for the affected portion resumes only after we have inspected it, restored or accepted it, and confirmed this to you in writing.
Access, credentials, and files
If you ask us for administrator or programming-level access, credentials, or project files, or you give that access to someone else, you are responsible for every change made with it and for keeping it secure. Providing access or files does not make Khan Design responsible for work performed by others, and we do not support, review, or warrant third-party work.
Determining the cause
Whether a Modification has occurred, and whether it caused or contributed to an issue, will be determined by Khan Design acting reasonably, based on information such as system logs, configuration comparisons, backups, and our project records. Where an issue has more than one cause, this section applies to the part attributable to the Modification.
Authorized changes
If you want to change the System, or have someone else change it, without affecting your coverage, contact us first. A change that Khan Design approves in writing before it is made is not treated as a Modification, but only to the extent of what was approved.
Changes outside anyone’s control
Systems rely on products and services operated by others, including manufacturers, cloud platforms, streaming and app providers, and internet service providers. Automatic updates, feature changes, outages, or discontinued products and services from those parties are not caused by Khan Design, and work needed to adapt the System to them is billable unless your service plan expressly covers it.
Other agreements and your legal rights
If a signed proposal, work order, or service agreement between you and Khan Design addresses the same subject differently, that document controls for that project. Nothing in this section limits any right you have under applicable law that cannot be waived or limited by agreement.
External Links
The Site may contain links to external websites and companies that are not controlled or operated by Khan Design. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that Khan Design shall not be liable for any damages or losses caused by your use of or reliance on any content, goods, or services available on or through any such external sites or services.
Use on Different Platforms
Khan Design may operate on various platforms, including but not limited to social media sites like Instagram and Discord. By interacting with our content on these platforms, you agree to comply with the respective platform’s terms of service and community guidelines. Khan Design is not responsible for the actions, content, or policies of these platforms. Any content you post or share on these platforms should not infringe on the rights of others or violate any laws.
Implied Agreement
By using or interacting with Khan Design on any external platforms, either directly or indirectly, you imply your agreement to these Terms. This includes but is not limited to liking, sharing, commenting on our posts, or engaging with our content in any form on platforms such as Instagram, Discord, and others.
User-Generated Content
By submitting or posting content on the Site or any of our platforms, you grant Khan Design a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to the content you submit and that such content does not infringe on the rights of any third party. Khan Design reserves the right to remove any user-generated content that violates these Terms or is deemed inappropriate at our sole discretion.
Mediation and Arbitration
Scope
This section applies to any dispute, claim, or disagreement arising out of or relating to these Terms, the use of the Site, or any project, product, or service provided by Khan Design (a “Dispute”), unless a signed agreement between you and Khan Design provides a different process for that project.
Step one: tell us
Before starting any formal process, the party raising the Dispute must send the other party a written notice describing the issue and the outcome it is seeking. Both parties will then work in good faith to resolve the Dispute directly for at least thirty (30) days after the notice is received.
Step two: mediation
If the Dispute is not resolved within that period, either party may require that it be submitted to non-binding mediation before a neutral mediator chosen by agreement of the parties. The mediation will take place in Middlesex County, Massachusetts, or remotely if both parties agree, and the mediator’s fees will be shared equally. Neither party may begin arbitration until the mediation has been completed, or until sixty (60) days have passed since mediation was requested, whichever comes first.
Step three: binding arbitration
Any Dispute that is not resolved through mediation shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Middlesex County, Massachusetts, and the costs of arbitration shall be borne by the party bringing the claim. Each party shall be responsible for their own legal fees and expenses. The decision of the arbitrator shall be final and binding on both parties.
Small claims
Either party may instead bring an individual claim in small claims court in Massachusetts if the claim qualifies for that court.
Changes to Terms
We reserve the right to modify these Terms at any time. Your continued use of the Site after any changes to the Terms constitutes your acceptance of the new Terms.
Governing Law
These Terms are governed by and construed in accordance with the laws of the United States and the State of Massachusetts, without regard to its conflict of law principles.
Contact Information
If you have any questions about these Terms, please contact us at [email protected].