The pronouns "we" and "our" (as used below) are references to the Kentucky Associated General Contractors Self-Insurers' Fund ("KAGC-SIF"). Our Internet presence is referred to as the "site" or "website." Headings below are provided for convenience only.
This web site provides information about the "Fund" and the services it provides. This web site also provides, directly or through links, informational and other services to "Employers" and to "Agents" who may seek coverage through the "Fund". Because this web site provides general information, and "Employer" specific and "Agent" specific information and services, this web site contains pages that are accessible by the general public and pages that are only accessible by "Employers", "Agents", "Trade Association Executives" and "Trustees", respectively.
By using this site, you agree to be bound by the terms and conditions outlined below. We may change these terms and conditions at any time, and then the current version of these terms and conditions will apply to the use of this site once those changes have been posted to the site.
We may change or eliminate the site or the content and features of the site at any time, and may restrict the use of certain features.
This site may contain links to other websites of possible interest to users of our site, including sites of government agencies with regulatory jurisdiction over providers of insurance or employers. The Fund does not necessarily endorse the content of linked sites, nor does it have any control over content and practices, including privacy practices, of such sites.
Use of Our Site
Our home page and various other pages are accessible to anyone. Certain pages (the "restricted pages") are intended for access only by Employers, Agents, Trade Association Executives and Trustees.
Express Quote is intended for informational purposes ONLY and in NO way is to be considered a Quote Proposal. All considerations for quote proposals and possible subsequent coverage are subject to the review and approval processes of the Kentucky AGC/SIF's Underwriting Department.
Registration Information and Requirements, and Privacy
Any user name, associated with an active policy that has not logged into the website within 180 days will be deleted. Once the user name has been deleted that user MUST request a new user name and password.
All user names associated with a cancelled policy will be deleted 60 days following the coverage end date for the policy.
For your protection and the protection of our other customers and web site users, you agree not to share your Registration information (including passwords, usernames, and screen names) with another person for the purpose of facilitating their access and unauthorized use of KAGC-SIF services, and you agree that any such sharing, or any use of a personal password not issued to you, is a trespass and is an unauthorized use which may be subject to both civil and criminal remedies and penalties included under KRS 434.853. You agree not to use your ability to access the restricted pages of the web site for any unauthorized purpose. You alone are responsible for all messages posted, statements made, or acts or omissions that occur within any KAGC-SIF service through the use of your Registration information.
Unauthorized Use of Your Registration
If you believe that someone has used your Registration information to access any KAGC-SIF service without your authorization, please call Kentucky AGC/SIF immediately at (800) 928-7135.
Security of Data Transmissions and Storage
Electronic communications through the KAGC-SIF may not be encrypted. You acknowledge that there is a risk that data, including e-mail, electronic communications, and personal data may be accessed by unauthorized third parties when communicated between you and KAGC-SIF or between you and other parties.
Notices, Communications, and Electronic Signatures
You agree to accept all communications from us regarding use of KAGC-SIF's services at the addresses you provide during Registration. KAGC-SIF is entitled to rely on the e-mail address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your e-mail or U.S. mail address. From time-to-time we would like to send you information about KAGC-SIF products and services. If you register for a KAGC-SIF service, you are granting KAGC-SIF permission to communicate with you by e-mail.
You agree to be bound by any affirmation, assent, or agreement you transmit through KAGC-SIF services you access by computer, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when you click on an "I agree", "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Access to restricted pages granted under these Terms and Conditions will terminate if KAGC-SIF believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition. Upon such violation, you agree to terminate access to the KAGC-SIF services provided on this website. You agree that KAGC-SIF in its sole discretion and with or without notice, for any reason whatsoever, may terminate your access to this site or to any or all of KAGC-SIF services provided therein.
Our Rights Concerning Content on the Site
Creative works and other information and materials on this website may belong to the KAGC-SIF and are protected under United States copyright laws and other laws. You may not redistribute, transmit, reuse, report or use the content of this site for public or other commercial purposes. You may hyperlink to our home page but may not create any other kind of hyperlink (e.g., a "deep link"). Framing of our site is not permitted without our written consent.
No Personal Jurisdiction over KAGC-SIF – Choice of Law and Venue
These Terms & Conditions are governed by the laws of the Commonwealth of Kentucky, excluding any application of conflicts of laws, rules or principles. Our activity related to this site occurs in Louisville, Kentucky. You agree that the sole jurisdiction and venue for any litigation arising from your use of our site, or of any services provided through our site, shall be an appropriate federal or state court located in Louisville, Kentucky.
This website may include the ability to obtain estimates of the cost of insurance. In no event shall any estimate, rate quote or other information provided through this website constitute an offer of insurance or a contract of insurance. The KAGC-SIF does not issue binders through the website. You agree that submitting payroll reports or payment through the site does NOT reinstate NOR extend workers' compensation insurance coverage. You must receive written notice from KAGC-SIF specifically stating that your workers' compensation coverage through the Kentucky Associated General Contractors (KAGC-SIF) has been reinstated. No such notice can be obtained from this website. NO COVERAGE IS OBTAINED NOR EXTENDED THROUGH THE USE OF ANY INFORMATION ON OR SERVICE OFFERED THROUGH THE SITE.
Workers' Compensation Premium Payments
You agree that filing payroll reports online does NOT satisfy premium payment requirements. Settlement of the payment due must actually be made to the KAGC-SIF in order for your workers' compensation insurance premium payment to be considered satisfied. You agree that all payments made to the KAGC-SIF, including those made on this site are subject to final audit (cancellation or end of year).
You agree that monthly premium payments are due on the 10th of each month and annual premium payments are due on the 10th of February of each calendar year. Failure to make a timely payment will result in the cancellation of your workers' compensation insurance coverage. For consideration in making timely payments, you agree to the following conditions of when the KAGC-SIF will post payments to your policy when payroll reports or payments are made on this site to ensure timely payments. You agree with the requirements as described for each payment method for purposes of having your workers' compensation insurance premiums considered satisfied.
Zero Report Filings: A "Zero" ($0) report submitted online will be posted the next business day.
Mail-In Filings: A monthly payroll report submitted followed by mailing your check that day for premium due (also known as the mail-in option) will be posted upon our receipt of your check. Checks for the payment due must be received by the KAGC-SIF and processed with funds readily available for deposit for the amount due in order for your workers' compensation insurance premium to be considered satisfied. Checks returned for insufficient funds shall cause payment to be considered delinquent and will result in the cancellation of your workers' compensation coverage.
Credit or Debit Card Transactions: A monthly payroll report submitted online and paid by credit card or debit card, or an Annual Bill paid by credit card or debit card will be posted within 2-3 business days. Settlement of the payment due must be made to the Fund by your credit card merchant in order for your workers' compensation insurance premium payment to be considered satisfied. You agree to pay the handling fee charged by KAGC-SIF for credit card or debit card transactions. You agree that KAGC-SIF in its sole discretion and with or without notice, for any reason whatsoever, may change its handling fee. Credit card or debit card declination for payment by your credit card merchant shall cause payment to be considered delinquent and will result in the cancellation of your workers' compensation coverage.
Refund Policy: Premium refunds resulting from cancellation of insurance coverage purchased through the Kentucky AGC/SIF including premiumns paid through this website will be processed according to the terms and conditions of the Kentucky AGC/SIF's Workers' Compensation and Employers Liability Policy, and in accordance with standard workers' compensation insurance industry regulated practices. Any refund will be issued by check and not through this website.
Bank Account Payments: A monthly payroll report submitted online and paid by a bank account chosen by you as your payment method, or an Annual Bill paid by a bank account chosen by you will be posted within 2-3 business days. Funds must be readily available for deposit and settlement of the payment due must be made to the Fund by your banking institution in order for your workers' compensation insurance premium to be considered satisfied. By choosing to use a bank account as your payment method, you will be able to complete your transaction using any valid automated clearing house ("ACH") enabled bank account at a United States-based financial institution. Whenever you choose to pay for your workers' compensation insurance premiums using your bank account, you are authorizing the KAGC-SIF to debit your bank account of the total amount of your transaction. Your transaction must be payable in U.S. dollars. KAGC-SIF, in its sole discretion, may refuse this payment option service to anyone or any user without notice for any reason at any time. By choosing your bank account as your payment method, you agree to "ACH" authorization which includes, (a) you have read, understand and agree to these Terms and Conditions, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation, (b) you consent to the electronic delivery of disclosure contained in these Terms and Conditions, (c) you authorize KAGC-SIF to make any inquires we consider necessary to validate any dispute involving your payment, which may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases, and (d) you authorize KAGC-SIF to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account and you authorize the financial institution that holds your bank account to deduct such payments.
Returned Payments: ACH transactions returned for insufficient funds shall cause payment to be considered delinquent, and will result in the cancellation of your workers' compensation coverage. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorney's fees. Furthermore, if any ACH payment is returned unpaid, this payment option service will be suspended for a period of at least 90 days.
Customer Service: Transactions that we process using your bank account will be identified as "Kentucky Associated General Contractors" (or similar identifier) on the statement issued by your bank or other financial institution holding your account. All questions relating to any transactions made using your bank account by us should be initially directed to us. Save the email confirmation that you are provided when you complete a transaction and check them against your bank account statement.
Transaction Errors: If you believe that any payment transaction initiated by KAGC-SIF with respect to your bank account is erroneous, or if you need more information about any such transaction, you should contact us as soon as possible at (502) 245-8395. Notify us at once if you believe the password associated with your KAGC-SIF account has been lost or stolen, or if someone has attempted (or may attempt) or make a transfer from your bank account to complete a transaction using your KAGC-SIF customer account without your permission. We reserve the right to cancel the ability to pay by bank account on KAGC-SIF for any reason at any time.
Your Liability for Unauthorized Transactions: Federal law limits your liability for any fraudulent, erroneous unauthorized transaction for your bank account based on how quickly you report it to your financial institution. As a general rule, you should report any fraudulent, erroneous or unauthorized transactions to your bank immediately after the questionable transaction FIRST appeared on your bank account statement. You should contact your bank for more information about the policies and procedure that apply to your account and any unauthorized transactions, including any limits on your liability.
Indemnification of KAGC-SIF
You agree to defend, indemnify, and hold harmless the KAGC-SIF and its employees, agents, trustees, officers, and members from and against any and all liabilities, claims, damages, and expenses (including, without limitation, attorneys' fees and disbursements) arising out of your use of this website, your breach of these terms and conditions, or your infringement of the intellectual property rights of third parties.
THIS IS A FREE SITE OFFERED AS A SOURCE OF INFORMATION WE INTEND TO BE INFORMATIVE AND ACCURATE. HOWEVER, WE MAKE NO WARRANTY. YOU AGREE THAT YOU USE THIS WEB SITE AT YOUR OWN RISK. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNLESS OTHERWISE SPECIFICALLY INDICATED. WE MAKE NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE SITE FOR ANY PURPOSE.
Disclaimer of Liability
IF YOU ARE DISSATISFIED WITH THE SITE OR THE CONTENT LOCATED ON THE SITE YOUR REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL THE KAGC-SIF BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Notices to the KAGC-SIF
If you want to send us a notice, other than a notice related to a claim of copyright infringement, in relation to these Terms & Conditions, you must send it by e-mail to the following address: email@example.com. You must provide a current postal mailing address with your notice. We may notify you by sending notice to your e-mail address or by mailing you notice by U.S. mail. You agree that any notices sent by e-mail will be deemed delivered and received on the first business day after being sent. You agree that any notices sent by U.S. mail as provided in this paragraph will be deemed delivered and received three business days after the date of mailing.
DMCA Notice – Copyright Claims
If you have a good faith belief that your copyright has been infringed by any content on this website, notify us by postal mail or overnight delivery service, at the following address: KAGC-SIF, Attention: DMCA agent, 320 North Evergreen Road, Louisville, KY 40243.
You must include a statement that you have a good faith belief that your copyright has been infringed and that the disputed use was not authorized by either the copyright owner, the agent of the copyright owner or by operation of law (e.g., through "fair use"); a description of the copyrighted work that you believe has been infringed; a description of the location of the allegedly infringing material on our site; your name, address, telephone number and e-mail address; a statement, made under penalty of perjury, that your notice of copyright infringement is accurate and that you are either the copyright owner or are a person authorized to act on behalf of the copyright owner. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material on our website is infringing your copyrights.
Property of the Kentucky AGC/SIF.