Terms of Service

1. Acceptance of Terms

By accessing and using the KSH Express website and services, you accept and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you should not use our website or services.

We reserve the right to modify these terms at any time. Your continued use of our services after changes are posted constitutes your acceptance of the modified terms.

2. Description of Services

KSH Express provides computer integrated systems design, technical consulting, and related professional services. Our services include but are not limited to:

• Computer integrated systems design and implementation
• Technical consulting and strategic planning
• Cloud solutions and migration services
• Custom software development
• Managed IT services and support
• Cybersecurity solutions

Specific service details, deliverables, timelines, and pricing are defined in individual service agreements or statements of work.

3. User Obligations

When using our services, you agree to:

• Provide accurate, current, and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Use our services only for lawful purposes
• Not interfere with or disrupt our services or servers
• Not attempt to gain unauthorized access to our systems
• Comply with all applicable laws and regulations
• Respect intellectual property rights

4. Intellectual Property Rights

All content, features, and functionality on our website, including but not limited to text, graphics, logos, images, software, and design, are the exclusive property of KSH LOGISTICS INC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any of our content without our prior written permission.

Client Work Product

Unless otherwise specified in a service agreement, upon full payment, clients receive ownership rights to custom deliverables created specifically for them. We retain the right to use general methodologies, techniques, and knowledge gained during project execution.

5. Service Agreements

Specific services are provided under separate service agreements or statements of work that detail:

• Scope of work and deliverables
• Project timelines and milestones
• Pricing and payment terms
• Acceptance criteria and procedures
• Warranties and support terms
• Confidentiality obligations

In the event of any conflict between these Terms of Service and a specific service agreement, the service agreement shall prevail.

6. Payment Terms

Payment terms are specified in individual service agreements. Generally:

• Invoices are due within 30 days of the invoice date unless otherwise specified
• Late payments may incur interest charges at the rate of 1.5% per month
• We reserve the right to suspend services for non-payment
• All fees are non-refundable unless otherwise stated in the service agreement
• Prices are subject to change with 30 days notice

7. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner consistent with industry standards. However:

OUR WEBSITE AND SERVICES ARE PROVIDED ON AN AS IS and AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that our services will be uninterrupted, error-free, or completely secure. We do not warrant that results obtained from our services will meet your requirements or expectations.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KSH LOGISTICS INC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless KSH LOGISTICS INC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys fees, arising out of or in any way connected with:

• Your use of our services
• Your violation of these Terms of Service
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

10. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of our business relationship. This obligation survives the termination of services and continues for a period of five years.

Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from third parties without confidentiality obligations.

11. Termination

We reserve the right to terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms of Service.

Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, United States, 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 Orange County, California. You consent to the personal jurisdiction of these courts.

13. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these terms or our services, the parties agree to first attempt to resolve the matter through good faith negotiations.

If negotiations fail, the parties may agree to mediation before pursuing litigation. Each party shall bear its own costs in any dispute resolution process.

14. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and KSH LOGISTICS INC regarding the use of our services and supersede all prior agreements and understandings.

17. Contact Information

For questions about these Terms of Service, please contact us: