Legal Notice and Governing Law
These Terms and Conditions constitute a legally binding agreement between The KPS Group LLC ("Service Provider"), a Texas limited liability company with its principal place of business at 5900 Balcones Drive, Suite 100, Austin, Texas 78731, and the client ("Client"). This agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any disputes arising from this agreement shall be subject to the exclusive jurisdiction of the courts of Travis County, Texas.
Payment Terms and Conditions
Pursuant to Texas Business and Commerce Code Chapter 3 and applicable Texas law, The KPS Group LLC operates under standard 50/50 payment terms: 50% deposit required to commence work, 50% final payment upon project completion and delivery of deliverables.
Payment Schedule and Terms:
- • 50% deposit required to commence work, payable upon execution of this agreement
- • 50% final payment due upon project completion and delivery of all deliverables
- • All payments due within 30 days of invoice date as per Texas prompt payment statutes
- • Late payments subject to 1.5% monthly interest (18% annually) as permitted by Texas law
- • Payment methods: Bank wire transfer, certified check, or other mutually agreed methods
Service Terms and Standards
The KPS Group LLC commits to delivering professional services in accordance with industry standards and applicable Texas law, including but not limited to the Texas Deceptive Trade Practices Act and professional service regulations.
Service Standards and Obligations:
- • Professional communication and project management in accordance with industry standards
- • Timely delivery within agreed project timelines, subject to force majeure events
- • Quality assurance and revision processes as outlined in project scope
- • Compliance with all applicable laws, regulations, and industry standards
- • Maintenance of professional liability insurance as required by Texas law
Intellectual Property Rights
Intellectual property rights and ownership transfer provisions governed by Texas Property Code and federal intellectual property law, including but not limited to copyright, trademark, and trade secret protection.
IP Rights and Transfer Provisions:
- • Full ownership transfer upon final payment in accordance with Texas Property Code
- • Client receives all source files, assets, and intellectual property rights
- • Unlimited usage rights for client's business operations and commercial purposes
- • Portfolio usage rights retained by The KPS Group LLC for marketing purposes
- • Work-for-hire provisions as applicable under federal copyright law
Liability Limitations and Indemnification
Liability limitations and indemnification provisions compliant with Texas law, including but not limited to Texas Civil Practice and Remedies Code and applicable case law.
Liability Provisions:
- • Limitation of liability to the amount paid for services, as permitted by Texas law
- • Exclusion of consequential, incidental, and punitive damages where permitted
- • Mutual indemnification for third-party claims arising from breach of agreement
- • Professional liability insurance coverage as required by Texas regulations
Dispute Resolution and Governing Law
Dispute resolution procedures in accordance with Texas law, including mandatory mediation and binding arbitration as provided for under Texas Civil Practice and Remedies Code.
Dispute Resolution Procedures:
- • Mandatory mediation in Travis County, Texas, prior to any legal proceedings
- • Binding arbitration in accordance with Texas Arbitration Act
- • Exclusive jurisdiction of courts in Travis County, Texas
- • Application of Texas law without regard to conflict of law principles
Questions About Our Terms?
Contact our legal department to discuss any specific terms or request clarification on our policies and procedures.
The KPS Group LLC | 5900 Balcones Drive, Suite 100, Austin, Texas 78731