Welcome to Kona Coatings. These Terms of Service ("Terms") govern your use of the Kona Coatings website and your interactions with Kona Coatings regarding our concrete coating, surface preparation, installation, and related services. By accessing or using our website, submitting a request for an estimate, communicating with us, or engaging Kona Coatings to perform services, you agree to these Terms. If you do not agree with these Terms, please do not use this website or submit a service request.
1. About Kona Coatings
Kona Coatings provides residential and commercial concrete coating and related surface preparation services in and around the Omaha, Nebraska metropolitan area.
Services may include, but are not limited to:
-Garage floor coatings
-Concrete coatings
-Flake flooring systems
-Concrete surface preparation
-Basement and interior concrete coatings
-Driveway and exterior concrete coatings
-Concrete repair or preparation related to coating installation
-Other services specifically described in an estimate or proposal
Service availability depends on project type, location, site conditions, weather, scheduling, and other factors.
2. Use of This Website
You may use this website for lawful purposes and for learning about or requesting services from Kona Coatings.
You agree not to:
-Use the website for any unlawful purpose;
-Submit false, misleading, or fraudulent information;
-Attempt to interfere with the operation or security of the website;
-Attempt to gain unauthorized access to our systems;
-Copy, reproduce, or distribute website content without permission;
-Use automated systems to scrape or collect information from the website without our permission; or
-Submit malicious code, spam, or other harmful material.
We reserve the right to restrict or terminate access to the website if we believe these Terms have been violated.
3. Estimates and Proposals
Requests submitted through our website, telephone, text message, email, social media, or other channels are requests for information or an estimate and do not automatically create a contract.
Any estimate provided by Kona Coatings is based on the information available to us at the time of preparation.
Final pricing may be affected by conditions discovered during an in-person inspection or during preparation of the work area, including:
-Concrete condition;
-Cracks, spalling, or deterioration;
-Previous coatings or adhesives;
-Moisture or water intrusion;
-Contamination, oil, grease, or chemicals;
-Uneven surfaces;
-Required repairs;
-Accessibility;
-Project dimensions;
-Additional preparation requirements; or
-Other site conditions that were not reasonably apparent when the estimate was prepared.
Unless otherwise stated in writing, an estimate is not a guarantee of final project cost.
Any changes to the scope of work or price will be communicated to the customer for approval before additional work is performed, except where immediate action is reasonably necessary to protect the property or completed work.
4. Acceptance of Work
A project becomes scheduled and/or accepted when the customer approves the applicable proposal, estimate, contract, or other written authorization provided by Kona Coatings.
The specific scope of work, project price, payment schedule, selected colors/options, and other project-specific terms will be stated in the applicable estimate, proposal, invoice, or service agreement.
If a project-specific agreement conflicts with these Terms, the project-specific agreement will control with respect to that project.
5. Scheduling
Project dates and estimated completion times are subject to availability, weather, site conditions, material availability, equipment availability, and other circumstances that may affect our ability to perform the work.
Kona Coatings will make reasonable efforts to perform services within the scheduled timeframe but does not guarantee a specific completion date unless expressly agreed to in writing.
We may reschedule a project when weather, temperature, humidity, moisture, site conditions, or other circumstances could negatively affect the installation or finished product.
6. Customer Responsibilities
Before work begins, the customer is responsible for providing Kona Coatings with reasonable access to the property and work area.
Unless otherwise agreed in writing, the customer is responsible for:
-Removing vehicles and personal belongings from the work area;
-Removing or relocating items that could interfere with the work;
-Providing access to the property and work area;
-Providing access to electricity and other utilities reasonably required for the project;
-Informing Kona Coatings of known moisture issues, leaks, structural problems, previous coatings, or other relevant conditions;
-Keeping unauthorized persons, children, and pets away from the work area during installation and curing; and
-Following all post-installation care and cure instructions provided by Kona Coatings.
Kona Coatings is not responsible for delays or additional costs caused by the customer's failure to satisfy these responsibilities.
7. Existing Concrete and Site Conditions
Concrete is a naturally variable material. Existing concrete may contain cracks, imperfections, discoloration, stains, previous repairs, moisture, surface irregularities, or other conditions that may remain visible after coating.
Kona Coatings will perform reasonable surface preparation appropriate for the selected coating system. However, coating a concrete surface does not eliminate underlying structural or moisture-related problems.
Unless specifically included in writing, Kona Coatings does not guarantee that coating will:
-Eliminate structural cracks;
-Prevent future cracking caused by movement of the underlying concrete;
-Correct structural deficiencies;
-Prevent moisture migration through concrete;
-Correct drainage or water-intrusion problems;
-Remove every stain or discoloration; or
-Make an existing concrete surface perfectly uniform.
Where appropriate, Kona Coatings may recommend repairs, moisture mitigation, or other corrective work before coating installation.
8. Moisture and Water Intrusion
Concrete may contain moisture that is not visible at the surface.
Excessive moisture vapor transmission, hydrostatic pressure, groundwater, plumbing leaks, drainage problems, or other moisture-related conditions may negatively affect the performance of a coating system.
Kona Coatings is not responsible for coating failure caused by moisture, hydrostatic pressure, water intrusion, leaks, flooding, drainage issues, or other conditions originating from or beneath the concrete unless the applicable written agreement specifically provides otherwise.
Customers are responsible for disclosing known moisture or water-related issues before installation.
9. Weather and Environmental Conditions
Concrete coating installation may depend on temperature, humidity, moisture, dew point, precipitation, sunlight, ventilation, and other environmental conditions.
For exterior projects, weather conditions may require a project to be delayed or rescheduled.
Kona Coatings reserves the right to postpone or modify work when environmental conditions could reasonably compromise the quality, adhesion, curing, or performance of the coating system.
Weather-related delays do not constitute a breach of these Terms.
10. Coating Appearance and Color Variation
Customers understand that coating colors, flakes, textures, and finished appearances may vary from photographs, samples, digital displays, advertisements, or previous projects.
Factors that may affect the final appearance include:
-Lighting;
-Screen and photograph settings;
-Concrete condition;
-Surface preparation;
-Flake distribution;
-Batch variation;
-Installation conditions; and
-Natural variation in materials.
Color selections should be based on physical samples when available.
Minor variations in color, texture, flake distribution, aggregate exposure, or surface appearance do not necessarily constitute a defect.
11. Curing and Post-Installation Use
Newly installed coatings require an appropriate curing period before they are exposed to normal use.
Customers must follow the curing and care instructions provided by Kona Coatings.
The customer is responsible for preventing vehicles, heavy equipment, furniture, chemicals, excessive moisture, pets, or other items from entering or being placed on the coated surface before the coating has sufficiently cured.
Failure to follow curing instructions may affect the performance or appearance of the coating and may void applicable warranty coverage.
12. Warranty
Any warranty offered by Kona Coatings will be described in the applicable project proposal, service agreement, invoice, or separate written warranty document.
Unless expressly stated otherwise in writing, warranties do not cover damage or failure resulting from:
-Structural movement;
-Cracking or movement of the underlying concrete;
-Moisture or hydrostatic pressure;
-Flooding or water intrusion;
-Improper cleaning or maintenance;
-Chemical damage;
-Impact, abuse, or misuse;
-Excessive loads;
-Abrasion beyond normal residential or commercial use;
-Unauthorized repairs or modifications;
-Normal wear and tear;
-Failure to follow care instructions; or
-Conditions outside Kona Coatings' reasonable control.
No warranty is created solely by information contained on this website.
13. Payment
Payment terms, deposits, progress payments, and final payment requirements will be stated in the applicable estimate, proposal, invoice, or service agreement.
Unless otherwise agreed in writing, payment is due according to the terms provided by Kona Coatings.
The customer agrees to pay all undisputed amounts when due.
Kona Coatings reserves the right to suspend or delay work when required payments have not been received.
14. Deposits and Cancellations
If a deposit is required, the amount and applicable cancellation terms will be stated in the customer's project agreement or proposal.
Because Kona Coatings may reserve labor, equipment, materials, and project time in advance, cancellations or postponements may be subject to the terms stated in the applicable project agreement.
If no specific cancellation policy is provided in writing, Kona Coatings will work with the customer in good faith to reschedule when reasonably possible.
15. Additional Work and Change Orders
Conditions discovered after work begins may require additional preparation, repair, materials, or labor.
Kona Coatings will generally communicate any material change in scope and obtain customer approval before performing additional chargeable work.
Examples may include:
-Removal of unexpected existing coatings;
-Significant concrete repair;
-Additional grinding or preparation;
-Moisture mitigation;
-Additional crack repair;
-Unexpected contamination;
-Additional square footage; or
-Other work outside the original scope.
Approved additional work may result in additional charges.
16. Property and Personal Belongings
Customers should remove valuable, fragile, or sensitive personal belongings from the work area before installation.
Kona Coatings will exercise reasonable care while performing services but is not responsible for damage to items that were left in the work area when the customer was reasonably able to remove them.
The customer is responsible for identifying items requiring special handling or protection before work begins.
17. Pets, Children, and Occupants
For safety reasons, customers must keep children, pets, and unauthorized individuals away from active work areas.
Coating materials, equipment, tools, dust, fumes, and freshly installed coatings may create hazards during installation and curing.
Kona Coatings may stop work if conditions are determined to be unsafe.
18. Chemicals, Odors, and Ventilation
Certain coating systems, primers, solvents, cleaners, and other products may produce odors or fumes during installation and curing.
Customers are responsible for following ventilation, occupancy, and curing instructions provided by Kona Coatings.
Customers should disclose any known concerns involving ignition sources, ventilation limitations, sensitive occupants, pets, or other conditions that may affect the safe performance of the work.
19. Photos and Project Documentation
Kona Coatings may photograph completed projects for documentation, quality control, marketing, advertising, social media, its website, or other business purposes.
Kona Coatings will make reasonable efforts to avoid including personally identifying information, personal documents, license plates, or other sensitive information in publicly shared project photographs.
If a customer does not want photographs of their completed project used for marketing purposes, they may notify Kona Coatings in writing.
20. Website Content
The information provided on this website is for general informational purposes.
We make reasonable efforts to keep website information accurate and current, but we do not guarantee that all information is complete, accurate, current, or free from errors.
Project results may vary based on concrete condition, environmental conditions, materials, installation conditions, and other factors.
Photographs shown on the website may represent actual Kona Coatings projects but are not guarantees of identical results for future projects.
21. Intellectual Property
All content on this website, including but not limited to:
-Logos;
-Business names;
-Photographs;
-Graphics;
-Text;
-Designs;
-Videos;
-Marketing materials; and
-Other original content
is owned by or licensed to Kona Coatings and may be protected by applicable intellectual property laws.
You may not reproduce, modify, distribute, publish, sell, or commercially exploit our content without prior written permission.
22. Third-Party Websites and Services
Our website may contain links to third-party websites, platforms, payment processors, scheduling services, social media platforms, mapping services, or other third-party services.
Kona Coatings does not control and is not responsible for the content, availability, security, privacy practices, or policies of third-party websites or services.
Your use of third-party services is subject to their respective terms and policies.
23. Communications and Text Messages
By submitting your phone number through our website or otherwise requesting communication from Kona Coatings, you authorize Kona Coatings to contact you regarding your inquiry, estimate, project, scheduling, payment, service-related questions, and other communications related to your relationship with Kona Coatings.
Depending on the communication method used, messages may include telephone calls, text messages, emails, or automated communications.
Message and data rates may apply depending on your mobile carrier.
You may request that Kona Coatings stop sending non-essential text messages by replying with an appropriate opt-out request or contacting us directly.
Stopping marketing communications will not necessarily prevent us from sending important transactional or service-related communications concerning an active project.
24. Privacy
Your use of this website is also subject to our Privacy Policy, which explains how information submitted through the website may be collected, used, and shared.
https://www.konacoatings.com/privacy-policy
25. Disclaimers
To the maximum extent permitted by applicable law, Kona Coatings provides this website and its general content on an "as is" and "as available" basis.
We do not guarantee that:
-The website will always be available;
-The website will be free from errors or interruptions;
-Website content will always be accurate or current;
-The website will be free from viruses or other harmful components; or
-Any particular project result will be achieved solely based on information contained on the website.
Nothing in these Terms limits any rights or protections that cannot lawfully be limited under applicable law.
26. Limitation of Liability
To the maximum extent permitted by applicable law, Kona Coatings will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from your use of the website or services, except to the extent such limitation is prohibited by law.
For services performed by Kona Coatings, any limitations of liability, warranties, remedies, and project-specific obligations will be governed by the applicable written service agreement.
Nothing in these Terms is intended to exclude liability that cannot legally be excluded or limited.
27. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless Kona Coatings and its owners, employees, contractors, and representatives from claims, damages, liabilities, losses, and expenses arising from:
-Your misuse of the website;
-Your violation of these Terms;
-Your violation of applicable law; or
-Your intentional or negligent conduct in connection with the services.
This provision does not apply to the extent that a claim results from Kona Coatings' own negligence, willful misconduct, or other conduct for which liability cannot legally be shifted.
28. Force Majeure
Kona Coatings will not be responsible for delays or failures caused by circumstances beyond our reasonable control, including but not limited to:
-Severe weather;
-Natural disasters;
-Fire;
-Flood;
-Equipment failure;
-Material shortages;
-Transportation disruptions;
-Utility interruptions;
-Government actions;
-Labor shortages;
-Supplier delays;
-Acts of war or terrorism; or
-Other events beyond our reasonable control.
We will make reasonable efforts to reschedule affected work.
29. Changes to These Terms
Kona Coatings may update these Terms from time to time.
When we make changes, we may update the "Last Updated" date at the top of this page.
Your continued use of the website after updated Terms are posted constitutes acceptance of the revised Terms, to the extent permitted by law.
30. Governing Law
These Terms are governed by the laws of the State of Nebraska, without regard to its conflict-of-law principles.
Any dispute concerning these Terms or the use of the website will be subject to the applicable laws and courts having jurisdiction over the matter.
Project-specific disputes may also be governed by the terms of the applicable customer service agreement.
31. Severability
If any provision of these Terms is determined to be invalid, unenforceable, or unlawful, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
32. Entire Agreement
These Terms, together with any applicable Privacy Policy, project proposal, estimate, service agreement, invoice, warranty, or other written agreement between you and Kona Coatings, constitute the applicable agreement between you and Kona Coatings concerning the subject matter addressed therein.
Project-specific written agreements will control where they conflict with these general website Terms.
