Terms & Conditions

Introduction

Katie Kanefsky Insurance Brokers LLC, and its insurance brokerage subsidiaries and affiliates (collectively referred to in these Terms of Business as “we”, “us”, “its”, “our”, and/or “the Katie Kanefsky Insurance Brokers” and/or “KKIBrokers” and/or “KKIBrokers.com” or any reasonable variation thereof) aims to provide you with both information, and insurance products and services that protect and enhance your personal life and/or business. To help us achieve this, it is important to understand what we do as your insurance agent/broker. These terms of business (“Terms of Business” and/or “terms and conditions” or any variation thereof) set out the basis upon which we agree to provide services to you. Also, KKIBrokers works with the David Kanefsky Insurance Agency and reserves the right to pass along your information for all business matters. Contacting KKIBrokers constitutes permission to share your information as we see fit for the purposes of serving you, for consumer protection, and as otherwise legal and lawful to do so.

These Terms of Business shall apply to you and your related parties, subsidiaries and affiliates (collectively referred to as “you”, “your”, “reader”, “viewer, “Client”, or any other variation thereof that generally relates to an interested party). For your benefit and protection, you should read these Terms of Business carefully and ensure that you understand each. If you have any questions about these Terms of Business, please raise them with us immediately.  By utilizing our information and/or services in any way you agree to these Terms of Business, in whole and in part, and accept the full consequences of your actions and their consequences.

Dealing with us in the usual course of business (including but not limited to the provision of instructions to us, the acceptance of policy documents from us, and the payment of any invoice that we render to you or otherwise) constitutes your acceptance of all of these Terms of Business. 

NOTE: Not all of these Terms of Business provisions may apply to all Clients in every situation. For example, if you do not bind insurance in the surplus markets, then certain portions of Surplus Lines and Other Government Taxes provisions may not apply. If you have any questions as to the applicability of a provision, please contact us immediately.  Clients are responsible for the actions they take, and the consequences of those actions.  Katie Kanefsky Insurance Brokers is held harmless for any/all injuries, perceived or realized, to any client, potential client, interested party, third party, viewer, reader, or any other person who interacts with Katie Kanefsky Insurance Brokers, KKIBrokers.com, ISAOA (Its Assured/s and/or Assigns), ATIMA (As Their Interests May Appear).  Clients agree to hold harmless all persons involved in, related to, or in any other way, shape, or form associated with Katie Kanefsky Insurance Brokers.

Katie Kanefsky Insurance Brokers agrees to act in-good-faith to provide the best information it can, based on its collective knowledge and personal experiences, as well as to furnish quotes and policies to the best of its abilities based on its relationships and appointments with various insurance carriers.  Clients agree to hold harmless the Katie Kanefsky Insurance Brokers from any perceived failure to provide the most current or relevant information.  Clients agree to hold harmless the Katie Kanefsky Insurance Brokers from any failure, perceived or realized, in regards to providing quotes, policies, or any other information in its attempt to meet the needs and wants of the client.

    

Readers Responsibilities

Readers agree they have many options for seeking related information, and obtaining related insurance as is provided by the Katie Kanefsky Insurance Brokers.  Clients agree they knowingly and willfully engaged with, interacted with, participated with, and in any other way, shape, or form knowingly involved themselves with the Katie Kanefsky Insurance Brokers where they could have chosen to go elsewhere.

Katie Kanefsky Insurance Brokers provides general information free-of-charge to the reader/viewer.  All readers and viewers agree to hold harmless all persons involved in, related to, or in any other way, shape, or form associated with Katie Kanefsky Insurance Brokers.

Katie Kanefsky Insurance Brokers will deliver our services based upon the information that the Client and its representatives provide. The Client is responsible for the accuracy and completeness of the information and Katie Kanefsky Insurance Brokers accepts no responsibility arising from the Client’s failure to provide such information to Katie Kanefsky Insurance Brokers. Katie Kanefsky Insurance Brokers must receive promptly the information to deliver our services as well as the Client’s prompt updates to any information where there has been a material change which may affect the scope or delivery of our services, such as a change in the nature of the risk, insured entities, property values, persons or entities to be covered, and/or any other change that results in a change to the risks and/or costs.

To the extent that any portion of Katie Kanefsky Insurance Brokers’ compensation, by operation of law, agreement or otherwise, becomes adjusted or credited to the Client, it is the Client’s responsibility to disclose the actual net cost of the brokerage and insurance costs you have incurred to third party(ies) having an interest in such amounts.

Readers agree to a Non-Disclosure Agreement (NDA) whereby all information disclosed, discussed, and/or provided, will be kept confidential regardless of the form of the information.  Readers agree to hold-harmless the Katie Kanefsky Insurance Brokers from any feelings of ill will.

Client agree to provide any requests for activating, changing, and/or cancelling coverages in writing to the Katie Kanefsky Insurance Brokers via email to: katie@kkibrokers.com or via a letter mailed to:

4215 Robin Hood Road
Jacksonville, FL 32210    

Clients agree to hold harmless the Katie Kanefsky Insurance Brokers against any failure to perform a request based on either written request not received, lost, and/or stolen from the mail, and/or due to an inability to read and/or understand the clients request regardless of the form the request is provided in/through.

Readers consent to mediation before legal proceedings for any/all matters.  If all parties agree to a resolution through mediation the reader then agrees to waive their rights to any further, future, or additional applicable legal action and to accept the resolution from mediation as having fully resolved their differences with us.

 

Named Insured Summary

Please check to ensure all Named Insureds are on your policy. If a person, party, or entity is not listed (including partnerships, corporations, joint ventures, limited liability companies, individual proprietorships, etc.), they are not included as a Named Insured and may not have coverage in the event of a claim. We must be notified of the formation of, or purchase of, new companies or new business relationships, including but not limited to mortgagees, property management companies, landlords, contractors, sub-contractors, or any/all other relevant parties, as soon as possible so that the insurance ramifications may be considered.  Clients must also explicitly state their request as it relates to any policy activations, changes, or cancellations. Do not assume they are covered automatically.

  

Allocated Invoices

As a service, Katie Kanefsky Insurance Brokers may from time to time assist a primary or designated named insured (the “Lead Client”) in allocating certain premiums, fees and costs among Lead Client and its subsidiaries and affiliates (collectively, the “Client Group”). If an allocation methodology is used, then the following terms and conditions apply.

The Katie Kanefsky Insurance Brokers reserves the right to refuse to receive any funds directly from a client, for any reason, without cause.  In many cases clients will be directed to provide payment directly to the carrier or a related third party or entity; this will be provided in writing to the client.  If a client has any confusion or concern about how to provide payments the client is responsible for contacting the Katie Kanefsky Insurance Brokers for help.

The amount of premium allocated to the invoice recipient among other members of the Client Group in the insurance program procured by the Lead Client and other entities affiliated with Lead Client is determined solely by Lead Client based on the allocation methodology agreed to by Lead Client from time to time. If the Lead Client does not determine an allocation method, we may utilize our recommended methodology.

Katie Kanefsky Insurance Brokers may deposit any payment from the Client Group in an interest-bearing account, along with payments from other entities affiliated with the Client Group or other unaffiliated Katie Kanefsky Insurance Brokers clients, and Katie Kanefsky Insurance Brokers may retain any interest earned on such funds while held prior to sending the funds to carriers. Lead Client may authorize and instruct Katie Kanefsky Insurance Brokers to forward to carriers as and when necessary, any premium funds paid by any participant in the Client Group and return premiums received against amounts due to fulfill the total premium obligations due for the coverages procured by Lead Client for the Client Group under the insurance program for the applicable policy year and the applicable coverage.

Lead Client is responsible for any return premiums due to you. Payment of any invoice by you constitutes your acknowledgment, consent and agreement to the information provided in these Terms of Business.

Any payments made to the Katie Kanefsky Insurance Brokers that do not relate to a policy premium may be considered a tip, and may therefore be non-refundable.

    

Surplus Lines and Other Government Taxes

Insurance may not be available in the admitted marketplace for the terms and conditions specified by the Client, and/or the Katie Kanefsky Insurance Brokers may not have access to applicable admitted carriers. In such event, Katie Kanefsky Insurance Brokers insurance proposal may include one or more insurers not licensed to transact insurance in the states of exposure and such coverage may be placed as surplus lines coverage pursuant to applicable insurance laws governing the placement of insurance with non-admitted insurers. Persons and entities insured by surplus lines insurers may not be able to avail themselves of the protection and recovery afforded by the state insurance guaranty funds if the surplus lines insurer becomes insolvent. The states may not audit the finances or review the solvency of surplus lines insurers.

In some instances, these insurance placements made by Katie Kanefsky Insurance Brokers or its affiliates on the Client’s behalf may require the payment of state surplus lines, excise or other taxes and/or fees in addition to the premium itself. Katie Kanefsky Insurance Brokers will endeavor to identify any such tax and/or fee in advance, but in all instances the payment of these taxes and/or fees will remain the responsibility of the Client. Katie Kanefsky Insurance Brokers will invoice the Client for the payment of such taxes and fees where it is Katie Kanefsky Insurance Brokers responsibility to do so.

It may be important to also keep in mind that an admitted or surplus lines carrier’s status, as well as the resulting applicability of any state’s guaranty fund, may or may not be issues if/when a carrier is declared insolvent.

    

Claim Notification to Insurers

It is the Client’s responsibility to take such steps as are necessary to directly notify those insurers whose policies may apply to any circumstances, occurrences, claims, suits, demands and losses in accordance with the terms and conditions of your policies. Katie Kanefsky Insurance Brokers assumes no duty or responsibility with respect to such notifications or monitoring the Client’s obligation to place insurers on notice unless undertaken in a separate written agreement. The Client may send copies of such notices to the Katie Kanefsky Insurance Brokers for informational purposes only, but the receipt of such notice by Katie Kanefsky Insurance Brokers shall not create additional duties or obligations owed by Katie Kanefsky Insurance Brokers to the Client nor constitute notice to your insurers.  In many cases clients ask the Katie Kanefsky Insurance Brokers for advice on whether to file a claim or not.  Regardless of the advice provided by the Katie Kanefsky Insurance Brokers, the client accepts full responsibility to fully repair and/or restore the property in a timely manner.  Clients are fully responsible for the denial of claims, and/or any adverse action taken by a carrier in regards to preexisting conditions and/or wear and tear.

    

Contract and Lease Review; General Advice

In instances where Katie Kanefsky Insurance Brokers provides summaries of contractual requirements or provisions, or any suggested additional or alternative wordings to any contract or lease at the Client’s request, the Client’s legal advisor must review such language before you take action based upon Katie Kanefsky Insurance Brokers statements. Katie Kanefsky Insurance Brokers does not and cannot provide legal advice as to whether the Client’s insurance program covers legal obligations contained in the Client’s contracts or leases. All descriptions of the insurance coverages are subject to the terms, conditions, exclusions and other provisions of the policies or any applicable regulations, rating rules or plans. Furthermore, it is understood that none of the services provided by Katie Kanefsky Insurance Brokers are of a legal nature, and Katie Kanefsky Insurance Brokers will not give legal opinions or provide legal advice or representations.  All information provided is intended to be in-good-faith and all readers hold harmless the Katie Kanefsky Insurance Brokers against any/all injuries.

    

Confidentiality and File Retention Policy

Katie Kanefsky Insurance Brokers takes client confidentiality seriously. We have established controls to protect your information. We are willing to enter into an agreement as you may require for the protection of your confidential data. The Client acknowledges and agrees that the work products provided by Katie Kanefsky Insurance Brokers are not to be distributed, used or relied upon by third parties without the written consent of both Katie Kanefsky Insurance Brokers and the Client, except as may be required by your legal, accounting and non-insurance financial advisors who agree to be bound by this confidentiality agreement.

We will hold your data consistent with our privacy policy. We hold paperwork and correspondence regarding your risk and insurance matters for seven (7) years, or longer if you instruct us to do so in writing. After this period we will arrange for the file to be destroyed. Please note that we will not consult you before destroying this information.  Also please note the information may be stored digitally and therefore a process of deleting the information will be considered sufficient for destroying the information.  If any injuries result from confidential information being accessed and/or stolen once deleted the client agrees to hold harmless the Katie Kanefsky Insurance Brokers.  The client also agrees to hold harmless the Katie Kanefsky Insurance Brokers if any personal information is accessed and/or stolen from shredded documents.

Clients agree to pay applicable storage and administration fees for the retention of any/all documents beyond the minimum time required by law, starting with a $250 annual administration fee and increasing from there as determined reasonable by the Katie Kanefsky Insurance Brokers, when the client requests information retained by the Katie Kanefsky Insurance Brokers.

    

 

Intermediaries

Katie Kanefsky Insurance Brokers encourages its brokers to approach markets directly (without an intermediary) wherever possible. However, where Katie Kanefsky Insurance Brokers believes it is in the Client’s best interest, we may recommend the use of intermediaries, including but not limited to co-brokers, sub-brokers, managing general agents/managing general underwriters, wholesale brokers, reinsurance brokers, third-party consultants or service providers (collectively, “Intermediary”) to assist in the procurement and servicing of the Client’s insurance. Katie Kanefsky Insurance Brokers prefers, wherever possible, to use the services of a Katie Kanefsky Insurance Brokers-affiliated Intermediary and Katie Kanefsky Insurance Brokers shall not be responsible for a non-Katie Kanefsky Insurance Brokers affiliated Intermediary’s actual or alleged acts, errors, or omissions or those of its officers, directors or employees. Any and all compensation earned by an Intermediary in connection with the Programs shall be in addition to the compensation paid to Katie Kanefsky Insurance Brokers and shall not be credited against the Fee or Commissions.

    

Collection and Use of Client Information

Katie Kanefsky Insurance Brokers gathers data containing information about readers, and your insurance needs and placements, as well as information about the insurance companies that provide coverage to the Client or compete for the Client’s insurance placements. In addition to the information provided by the Client, Katie Kanefsky Insurance Brokers may collect information from commercially available sources. Such information may include name, address, email address and demographic data.  The Katie Kanefsky Insurance Agency may use reader information in relation to affiliate marketing and/or other business not directly related to insurance.  Readers agree to allow the Katie Kanefsky Insurance Brokers to gather information about the reader, both related to readers viewing its website, as well as any/all information related to or provided by a reader.  Readers agree to credit inquiries and other relevant background checks.

This information may be shared among Katie Kanefsky Insurance Brokers affiliated businesses, as well as with third-party service providers acting on our behalf or in partnership with the Katie Kanefsky Insurance Brokers. In addition to being used to provide services to Katie Kanefsky Insurance Brokers customers, the information may be used for business administration, business reporting, statistical analysis, marketing of Katie Kanefsky Insurance Brokers products or services and providing consulting or other services to insurance companies for which Katie Kanefsky Insurance Brokers or its affiliates may or may not receive remuneration. Katie Kanefsky Insurance Brokers takes appropriate measures to protect the privacy and confidentiality of our readers as well as to comply with applicable laws and regulations. Katie Kanefsky Insurance Brokers may use or disclose information about our customers if we are required to do so by law, Katie Kanefsky Insurance Brokers policy, pursuant to legal process or in response to a request from law enforcement authorities or other government officials.

Due to the nature of services provided by Katie Kanefsky Insurance Brokers, the personal information the Client provides may be transmitted, used, stored and otherwise processed outside of the country where the Client submitted that information.

Readers are encouraged to consider browsing our website through an incognito mode, and/or utilizing any other technology to conceal their identity and/or information.  Readers agree to hold harmless the Katie Kanefsky Insurance Brokers from any injuries related to the transmission and/or retention of information.

    

Intellectual Property

We retain current and future rights and title in all copyright, patents, trade marks or rights in databases, inventions or trade secrets, know-how, trade and business names, domain names, marks and devices (whether or not registered) and other proprietary rights relating to intellectual property and applications for any of those rights (where such applications can be made) capable of protection in any relevant country of the world including without limitation intellectual property rights in our knowledge, ideas, concepts, materials, programs, documentation, models, studies and methodologies and technology used, acquired or developed in the course of providing our services (“Intellectual Property Rights”).

Readers acknowledge that we are in the business of providing similar services to other clients and that we may be utilizing the Intellectual Property Rights in servicing other clients. Notwithstanding the foregoing, we will keep your confidential information confidential in accordance with these Terms of Business to the best of our ability.

 

 

 

Use of Logos

Unless otherwise instructed by the Client, Katie Kanefsky Insurance Brokers will use the Client’s logo, pictures, and other publicly available information to market the Client’s programs effectively or for use in Katie Kanefsky Insurance Brokers business dealings.

    

Premium Remittance

Premiums paid by the Client to Katie Kanefsky Insurance Brokers for remittance to insurers and Client premium refunds paid to Katie Kanefsky Insurance Brokers by insurance companies for remittance to the Client may be refused/returned, and/or may be deposited into fiduciary accounts in accordance with applicable insurance laws until they are due to be paid to the insurance company or the Client. Subject to such laws and the applicable insurance company’s consent, where required, Katie Kanefsky Insurance Brokers will retain the interest or investment income earned while such funds are on deposit in such accounts.  Katie Kanefsky Insurance Brokers generally refuses to receive and/or hold funds from/for a client unless expressly agreed to in writing.

    

Minimum Earned Premiums and Policy Cancellation

Certain insurance policies may include a minimum earned premium. This is the amount of premium that becomes fully due and non-refundable once the policy is issued and/or bound and/or after a free look and/or cancellation period, regardless of any early cancellation. If premium is due and non-refundable at binding, you are responsible for paying this minimum earned premium upfront at the time of binding. In the event you fail to pay any required premiums, and Katie Kanefsky Insurance Brokers has made reasonable efforts to collect payment but remains unsuccessful, Katie Kanefsky Insurance Brokers may request that the insurance carrier cancel your policy for non-payment. This right only takes effect if Katie Kanefsky Insurance Brokers becomes, or will become, financially liable to the carrier for your unpaid premium. Katie Kanefsky Insurance Brokers will make a reasonable attempt to notify you if a cancellation request is made, providing an opportunity to bring your payments up to date.  Clients accept responsibility for managing their payments with the carriers directly, and hold harmless the Katie Kanefsky Insurance Brokers against any injuries related to missed payments. 

Clients also agree that any payments made to the Katie Kanefsky Insurance Brokers in regards to consulting and/or tips may be retained by the Katie Kanefsky Insurance Brokers wholly and fully without any requirement to refund any portion of the funds.

    

Jury Waiver

Each party agrees to waive its right to a trial by jury in any lawsuit or other legal proceeding against the other party and/or its parent(s), affiliates, or subsidiaries, in connection with, arising out of or relating to these Terms of Business or any services provided to the Client by Katie Kanefsky Insurance Brokers or its affiliates. In any such action or legal proceeding, neither party shall name, as a defendant any individual employee, officer or director of the other party or its parent(s), affiliates or subsidiaries.

    

Governing Law and Entire Agreement

These Terms of Business, together with any Engagement Letter or other agreement signed by Katie Kanefsky Insurance Brokers and Client, contain the entire understanding and agreement between the parties with respect to the subject matter described herein and supersedes and replaces all prior and contemporaneous agreements, whether written or oral, as to such subject matter. This Engagement Letter shall be governed by and construed in accordance with the laws of the State of Florida.

    

Electronic Delivery of Signatures

Agreements, acknowledgements or other documentation between Client and Katie Kanefsky Insurance Brokers may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via electronic mail to katie@kkibrokers.com (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.  The Katie Kanefsky Insurance Brokers is held harmless in the event of a delay in receiving mail, and/or any mail lost, stolen, damaged or otherwise not received and/or in a legible condition, or a non-understandable request, both in regards to the document/s in question, and any resulting injuries.

    

Insurance Proposals, Blog posts, Vlogs, Print Media, Publications and Summaries

Katie Kanefsky Insurance Brokers insurance documents containing proposals to bind coverage, summaries of coverages,and/or certificates of insurance placed are furnished as a matter of information for the Client’s convenience. These documents summarize proposed and placed policies and are not intended to reflect all the terms, conditions and exclusions of such policies. Moreover, the information contained in these documents reflects proposed or placed coverage as of the effective dates of the proposed policies or the date of the summaries and does not include subsequent changes. These documents are not themselves insurance policies and do not amend, alter or extend the coverages afforded by the proposed or placed policies. The insurance afforded by the proposed or placed policies is subject to all the terms, conditions and exclusions contained in such policies as they are issued by the insurers.

The Katie Kanefsky Insurance Brokers is held harmless against any/all injuries related to the information provided through its blog posts, Vlogs, Print Media, and/or any other advertisements or publications.  The Kate Kanefsky Insurance Brokers is only to be viewed as acting in-good-faith to provide recommendations on any applicable information, and readers are recommended to seek legal council before making any decisions that can affect them financially and/or legally.

    

Insurer Solvency

While Katie Kanefsky Insurance Brokers only engages with insurers who meet certain requirements as established by us from time to time, we make no representation, guarantee or warranty as to the solvency or ability of any insurer to pay any amounts for insurance claims or otherwise.

    

Foreign Account Tax Compliance Act (FATCA)

Client acknowledges that Katie Kanefsky Insurance Brokers is required to act as a withholding agent on any FATCA eligible premium payments when Katie Kanefsky Insurance Brokers or its U.S. licensed affiliates are responsible for the remittance of premium payments to insurers and in such instances, Katie Kanefsky Insurance Brokers will be responsible for gathering and validating appropriate FATCA form(s) from carriers and intermediaries involved in FATCA eligible premium payments. Katie Kanefsky Insurance Brokers will not act as withholding agent on premium remitted by you to any other party, including premiums paid directly to insurers, to non-US intermediaries, or to non-US Aon entities. Further, without your prior approval, Katie Kanefsky Insurance Brokers will not knowingly place business with or through carriers or intermediaries that do not provide valid FATCA form(s).

If Client insists on using a carrier or intermediary that is unable or unwilling to provide FATCA forms, Client will be responsible for paying any additional sums so that the mandated FATCA withholdings can be made while concurrently fulfilling Client’s obligation to remit the full premium amounts necessary to effect coverage.

Katie Kanefsky Insurance Brokers will provide Katie Kanefsky Insurance Brokers US W-9 form(s) only when required by law. Katie Kanefsky Insurance Brokers will not be responsible for issues arising from Katie Kanefsky Insurance Brokers withholding 30% of premium payments in connection with its FATCA obligations. Client agrees to work with Katie Kanefsky Insurance Brokers to provide information required to meet FATCA obligations.

    

Pricing

Katie Kanefsky Insurance Brokers does not and cannot guarantee the availability or price of any product or service offered, up until the product/service is fully purchased, bound and/or activated.  The Katie Kanefsky Insurance Brokers is held harmless from the Client’s risks and is not responsible for fluctuation in the premiums charged by insurers, or any changes in cost through any other third party company. Katie Kanefsky Insurance Brokers will rely on the Client to review and approve any calculation or estimation of premium. Katie Kanefsky Insurance Brokers is not responsible for any loss occasioned as a result of Katie Kanefsky Insurance Brokers calculation or estimation of premium and statutory charges that may apply to the Client’s insurance.  The Katie Kanefsky Insurance Brokers cannot guarantee any return of premium and relies on the carrier directly for any confirmation of any return of premium.  Without a stated return of premium from a carrier the client should assume that any general statement relating to a return of any unused portion of premium could result in $0 actual returned premium.

    

Selecting Sums and Limits

You are responsible for selecting and checking sums insured, contract terms and contract limits. You must ensure that these are sufficient to meet your requirements. You must let us know in writing if you would like to increase or modify your insurance cover in any way.

    

Mutual Waiver of Liability

No parties to these Terms of Business shall be liable to the other for any indirect, incidental, special, consequential, exemplary, punitive or reliance damages (including, without limitation, lost or anticipated revenues, lost business opportunities or lost sales or profits, whether or not either party has been advised of the likelihood of such damages) or for any attorneys’ fees (whether incurred in a dispute or an action against the other, or as alleged damages that any party incurred in any insurance coverage dispute, or otherwise) arising out of services provided by Katie Kanefsky Insurance Brokers or its affiliates.

    

Standard Terms and Conditions

Katie Kanefsky Insurance Brokers assumes no responsibility for the adequacy or effectiveness of programs or coverages that we did not implement or place. Any loss control services, summaries and/or surveys performed by Katie Kanefsky Insurance Brokers are advisory in nature and are for the sole purpose of assisting the Client in your development of your risk control and safety procedures. Such services and/ or surveys are limited in scope and do not constitute a safety inspection nor verify that the Client is in compliance with federal, state and local laws, statutes, ordinances, recommendations, regulations, consensus codes or other standards.

    

Termination

Our services may be terminated either by us or you upon the giving 30 days’ notice in writing to the other or as otherwise agreed. In the event our services are terminated by you, we will be entitled to receive any and all fees or brokerage payable (whether or not we have received the same) in relation to contracts placed by us.

 

Affiliate Marketing

The Katie Kanefsky Insurance Brokers is held-harmless from any/all misrepresentations made by any third-party companies, employees, representatives, and/or by anybody the client deems as being in an official position to make any legal statements or binding agreements.  The Katie Kanefsky Insurance Agency is agreed to be acting in-good-faith to recommend products and services to clients that may be beneficial for the client based on a variety of perspectives, and ultimately it is the responsibility of the client to due your due diligence in deciding whether or not to enter into a binding agreement with any carriers, affiliate companies, and/or any other third parties.

 

    

Limitation of Liability

Katie Kanefsky Insurance Brokers liability to the Client, in total, for the duration of our business relationship for any and all damages, costs, and expenses (including but not limited to attorneys’ fees), whether based on contract, tort (including negligence), or otherwise, in connection with or related to our services (including a failure to provide a service) or any other service that we provide shall be limited to a total aggregate amount of US $1,000,000 (“Liability Limitation”), to the fullest extent permitted by law.

This Liability Limitation shall apply to the Client and extend to the Client’s parent(s), affiliates, subsidiaries, and their respective directors, officers, employees and agents (hereinafter, each a “Client Liability Member” and together, “Client Liability Group”) wherever located that seek to assert claims against Katie Kanefsky Insurance Brokers, and its parent(s), affiliates, subsidiaries and their respective directors, officers, employees and agents (each a “Katie Kanefsky Insurance Brokers Group Member” and together, “Katie Kanefsky Insurance Brokers Group”). Nothing in this Liability Limitation section implies that any Katie Kanefsky Insurance Brokers Group Member owes or accepts any duty or responsibility to any Client Liability Member.

If the Client or any Client Liability Member asserts any claims or makes any demands against Katie Kanefsky Insurance Brokers or any Katie Kanefsky Insurance Brokers Group Member for a total amount in excess of this Liability Limitation, then the Client or any Client Liability Member agrees to indemnify Katie Kanefsky Insurance Brokers for any and all liabilities, costs, damages and expenses, including attorneys' fees, incurred by Katie Kanefsky Insurance Brokers or any Katie Kanefsky Insurance Brokers Group Member that exceeds this Liability Limitation.

    

Force Majeure

We are not liable for failure or delay where it is due to causes outside our reasonable control.