Last updated: December 2024
By accessing and using the services provided by The KPS Group ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access our services.
The KPS Group provides professional business services including but not limited to:
The specific services provided will be outlined in separate service agreements or statements of work.
You agree to:
Payment terms will be specified in individual service agreements. All fees are due according to the agreed-upon schedule. Late payments may result in service suspension or termination. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law.
All content, trademarks, service marks, trade names, logos, and intellectual property on our website and in our services are owned by The KPS Group or our licensors. You may not use, reproduce, distribute, or create derivative works of this content without our written permission.
Work product created specifically for you under a service agreement will be subject to the terms of that agreement.
Both parties agree to maintain the confidentiality of proprietary and sensitive information shared during the course of our engagement. This obligation survives termination of these Terms and any service agreements.
To the maximum extent permitted by law, The KPS Group shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services, including but not limited to lost profits, lost data, business interruption, or any other commercial damages or losses.
Our total liability to you for any claims arising from these Terms or our services shall not exceed the amount paid by you to us in the twelve (12) months preceding the claim.
You agree to indemnify, defend, and hold harmless The KPS Group and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses arising from your use of our services or violation of these Terms.
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
We may terminate or suspend your access to our services immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use our services will cease immediately, and you must return or destroy any confidential information in your possession.
Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, or other events of force majeure.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms or our services shall be resolved in the state or federal courts located in Travis County, Texas.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
These Terms constitute the entire agreement between you and The KPS Group regarding the subject matter hereof and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the new Terms.
If you have questions about these Terms of Service, please contact us:
The KPS Group
5900 Balcones Drive, Suite 100
Austin, Texas 78731
Email: sales@thekpsgroup.com
Phone: 469-458-6966