Thanks for choosing Kurani (“Kurani,” “we,” “us,” “our”). By signing up or otherwise using any Kurani services, including all associated features and functionalities, websites and user interfaces, as well as all content and design associated with our services (collectively, the “Kurani Service” or “Service”), or accessing any design, research, funding mechanisms, or other content or material that is made available through the Service (the “Content”) you are entering into a binding contract with Kurani LLC.
Your agreement with us includes these Terms and any additional terms that you agree to, as discussed in the Entire Agreement section below, other than terms with any third parties (collectively, the “Agreements”). The Agreements include terms regarding future changes to the Agreements, limitations of liability, and resolution of disputes by mediation instead of in court. If you wish to review the terms of the Agreements, the current effective version of the Agreements can be found by email request to firstname.lastname@example.org. You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Kurani Service or access any Content.
In order to use the Kurani Service and access any Content, you need to (1) be 18 years or older, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any information that you submit to Kurani is true, accurate, and complete, and you agree to keep it that way at all times.
Changes to the Agreements
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, ex: by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.
Severability, waiver, interpretation
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Kurani or any consultant or third party to enforce the Agreements or any provision thereof shall not waive Kurani’s or the applicable party’s right to do so.
As used in these Terms, the words “include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation.”
You agree to indemnify and hold Kurani harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of the Agreements or any one of them; (2) any activity in which you engage on or through the Kurani Service; and (3) your violation of any law or the rights of a third party.
You waives all rights, remedies against Kurani, our agents, consultants, Donors, and any third party involved in the project including in the research, design, construction, and marketing. You accept the project at your own risk.
Past results are not an indication of future results or success.
To raise awareness of the project, funding goal, and impact, Kurani may spotlight you – including your agents and beneficiaries (“end users”) – on the Kurani website, social media channels, and in marketing campaigns. You must make your agents and end users available for interviews and photo/video shoots from the commencement of the project to a period of up to 5 years after construction is completed.
The project will take place in four steps. They are outlined below and subject to change.
We will produce a visual story for the project. We generate the visuals by researching your organization, the cause you are fighting for, and the end users benefitting from the project. Our research may include workshops and/or meetings with you and the end users; you must make yourself and the end users available for this research. You may provide any research, reports, data, and information that will aid us in the development of visuals. The visuals are at the sole discretion of Kurani.
Upon or near the completion of the visuals, we will work with you to build a marketing page on the Kurani website. You will provide us with requested information, text, images, and video footage of the project site, end users, and other details needed for the web page.
Any work produced by us is copyright of Kurani and cannot be reproduced or used by you without our express written permission. You cannot share the visuals or work with another firm or organization – including design, engineering, or construction firms – for execution or further design development. Kurani maintains all rights over the work and must be the overseer of its execution.
The storytelling visuals and assets are for marketing purposes only. These are not architectural services or drawings and cannot be used for construction.
When creating a marketing page, we will consult with you to determine the fundraising goal to be posted. The fundraising goal dollar amount will include costs for Step C design and construction services, engineering and consulting fees, procurement of furnishings and equipment, technology integration, and other miscellaneous expenses, such as building permits, that may be required to execute the project. The fundraising goal does not include land acquisition costs or day-to-day expenses and overhead incurred by you.
Kurani and you will both participate in fundraising, including outreach to potential Donors. We will make efforts to publicize the project through our website, social media, and press (if appropriate). The marketing page on the Kurani website serves as the fundraising portal. Kurani will receive, manage, and oversee all funds raised. We will provide Donors with a receipt for for their charitable gift. To satisfy prospective Donors or partners, you may be asked to provide financial statements for your organization.
We make no guarantees that the project will reach its fundraising goal. For a project that fails to meet 100% of its funding goal, and has reached at least 50% of the funding goal, the following steps are taken: (1) Kurani meets with you to discuss the viability of shrinking the scale of the project while maintaining its essence and intended impact, (2) if we determine that the project cannot or should not shrink, Kurani will write to pledged Donors asking for their support in raising the remaining funds, (3) if Donors offer support, fundraising will continue and if Donors do not offer support and we have determined the project can shrink, we will proceed to Step C.
Design & Construction
If the project meets its fundraising goal, we can move on to Step C which entails design, construction, procurement, and ribbon cutting. Using the storytelling assets as inspiration, we will produce a design meant for construction. This will include drawings, coordination with engineers and consultants as needed, and specifications for items to be procured such as furnishings. Our design fees will be paid from the funds raised.
If required by law, we will hire a local architect in the jurisdiction of the project site. We may hire engineers and consultants for civil, structural, mechanical, electrical, plumbing, lighting, sustainability, graphics, and other building disciplines. Fees for these professionals will be paid from the funds raised.
Kurani has full discretion over the use of funds and we may adjust allocations between budgetary categories to account for market fluctuations or changes arising during Step C.
Kurani will use the funds raised to hire a Contractor to build the project. We will select the Contractor by evaluating the Contractor’s portfolio, cost, and fit for the project. If required by law, the Contractor or local architect will file for a building permit for the project. During Construction, we will periodically review the progress of construction for conformance with the design intent.
Using the funds raised, we will procure furnishings, equipment, and technology for the project.
The Contractor is responsible for jobsite safety and the means and methods used in constructing the project. You accept the constructed project as is and waives all claims against Kurani, our agents, and our consultants.
Kurani will lead press relations and outreach. You may be called on to assist with outreach and to be available for interviews with members of the press. We will coordinate with you to host a ribbon cutting ceremony that inaugurates the opening of the project and honors the Donors.
We will coordinate a photo and video shoot of the constructed project. Photos and videos captured will be used for marketing, press, and publishing. Your assistance is required in coordinating the shoots and making your agents and end users available to appear in the shoots.
Donors expect to see impact. Under our guidance, you will prepare an impact report for Donors. This report will be delivered 1-3 years after the completion of construction on a date mutually agreed upon by you and Kurani.
Landlords and Leases
If the project entails construction on or inside a property not owned by you, then you are responsible for negotiations and obligations of the lease, if any, and will serve as the contact with the landlord. You must provide Kurani with information contained in the lease or landlord correspondences relevant to the project.
You must identify a representative authorized to act on your behalf with respect to the project. When information is requested by us, consultants, or a third party involved in the project, you must provide information in a timely manner.