These terms of service set out the conditions under which you may use the website located at https://www.kscgpinvest.autos and under which KSCGP INVESTOR LLC, acting under the developer and operator name KSCGP Invest, provides the services described across the website. By visiting the website, by using the contact form, by submitting an enquiry, or by entering an engagement with the house you agree to be bound by these terms. If you do not accept these terms you should not use the website or commission the services.
The house and the site are managed by KSCGP INVESTOR LLC, a company registered at 68 W 620 S, Orem - 84058-3100, United States (US). The contact email of the house is inbox@kscgpinvest.autos and the contact telephone is +17123991433. Every reference in these terms to the house, to us, to we or to our points to that registered entity, and every reference to you points to the visitor, the client or the party who relies on what the website and the services provide. The words service and services describe the capital assurance, valuation, systems architecture, data platform engineering, analytics development, integration, security and managed operations work that the house offers.
The website is an informational and marketing presentation of the house. It describes our disciplines, sets out our principal lines of service and provides a means for a prospective client to make first contact. The content of the website is offered for general information only and is not, by itself, a binding proposal or a contract to perform work.
Nothing published on the website is financial, legal, investment or tax advice to any particular person. The house designs and operates systems; it does not, through this website, advise an individual reader on the wisdom of a particular investment, and no text on these pages should be read as a recommendation to buy, to sell, to hold or to enter a specific instrument. Any figures, metrics or case-style numbers shown on the site are illustrative of the discipline the house applies and are not a promise of a particular result for your own portfolio. You should seek advice that is suited to your own circumstances from a person who is qualified to give it.
The services of the house are offered to professional and commercial parties and to individuals who act in a business or professional capacity. In commissioning the house you confirm that you have the legal capacity to form a binding contract and that you act for yourself or with the authority of the organisation you represent. Where you place an order on behalf of a company, a partnership, a trust or a fund you agree that you are authorised to bind that entity to these terms and that the entity will honour them.
The house does not offer its operational services to individuals who are minors, and the website is not directed at children. The house reserves the right, in its professional judgement, to decline an enquiry, to decline a proposed engagement or to require additional confirmation of identity or authority before work begins, and it will do so without being obliged to state a reason beyond the honest professional ground that it holds.
You undertake to use the website lawfully and for the purpose for which it is intended. You may read the pages, print them for your own reference and share a link to a page, so long as you do not present the material as your own or in a misleading light. You may not copy, republish, extract for commercial use or build a competing service from the design, the text of the service descriptions or the marks of the house without our advance written permission.
You agree not to attempt to gain unauthorised access to any part of the site, to any server, or to any account attached to the site, and not to introduce any code, virus, overload or automation that would interrupt the ordinary running of the site. You agree not to use the site to send unsolicited material, to misrepresent your identity, or to test the security of the systems without the written permission of the house. The house operates its systems to a professional standard and expects the same care from every visitor.
When you contact the house through the website, by email, by telephone or by post, you are asking the house to consider your requirement and to respond. An enquiry, however detailed, does not of itself create a contract. The house will evaluate whether it can usefully serve the requirement and will usually come back with questions, with an outline of approach or with an estimate that sets out, where work is proposed, the basis on which it would be performed.
In making an enquiry and in sharing any preliminary documents you should send only information that is your own or that you are properly entitled to share. The house will treat preliminary material in confidence in line with its privacy policy, but during the evaluation stage the house is not yet accepting the full obligations of a commissioned contract, so you should take the same care in what you send as you would with any first conversation with a professional who does not yet know you.
A contract for the delivery of services arises only when the house issues a written proposal or statement of work that you accept in writing, or when the house and you sign an agreement that covers a defined engagement. That written instrument sets the scope, the deliverables, the fees, the schedule, the people and the acceptance criteria, and it is that instrument, read with these terms, that binds both sides.
Where a statement of work or an engagement letter conflicts with a line in these general terms, the specific written instrument governs the point of conflict for that engagement. Where the general terms cover a matter the engagement does not address, these terms apply. The house will not begin billable work, and will not be taken to have begun it, until the scope is agreed in that written form. A request that you later expand the scope will be met with an updated instrument and an adjusted fee, never with unseen extra charges.
The lines of service the house provides are described on the services page of the website and include investment systems architecture, portfolio data platform engineering, custom analytics application development, market data integration pipelines, security and compliance engineering, and managed operations and support. The written instrument for a given engagement defines precisely which of these lines apply and what falls inside and outside the boundary of the work.
The house will perform the agreed services with the reasonable skill and care of a professional provider in its field. The house does not guarantee that any one design or application is free of defect forever, and no engagement promises a future investment result, an increase in portfolio value or a particular market outcome. The deliverable the house stands behind is the accountable engineering of the system it agrees to build and sustain, built to the specification that both sides accepted in writing.
For the house to deliver, the client agrees to provide in good time the access, documents, decisions, data and information that the work reasonably needs. This includes a named point of contact who can make decisions, access to the relevant source systems or their truthful descriptions, and any licence-permitted data that belongs to the client and is needed for the work.
The client warrants that the material and data it supplies is lawfully held and that the client is entitled to use it for the engagement, including its provision into the systems the house builds. Where a third party owns the data or software, the client carries the responsibility for gaining and keeping the rights that the work requires. The house will treat client data as confidential and will not appropriate it, but the client remains the owner of its own material and the house the owner of the methods, libraries and delivery craftsmanship it brings to the bench.
Fees for services are stated in the written instrument for each engagement. They are normally set either as a fixed sum for a defined deliverable or as a daily or phased rate for an agreed period of work, and the instrument says which applies. Where the work is charged on a time basis the house records the time to a professional standard and reports it honestly.
Invoices are issued at the milestones set in the instrument and are payable within the period stated, ordinarily thirty days from the date of the invoice unless the instrument agrees otherwise. Undisputed sums that remain unpaid after the due date may attract interest at the rate permitted by the applicable law in the state of Utah, and the house may suspend delivery of further work, without waiving any right, until arrears are cleared. The client is responsible for any tax, levy or duty that law applies to the fees, and the house will invoice such amounts where it is required to do so by law.
The marks, the word KSCGP Investor, the house style, the design of these pages and the written material that describes the service belong to the house. Nothing on the website grants you a licence to use a mark or a text beyond reading the site for your own information.
For delivered work, ownership follows what the instrument states. Where the house builds bespoke software or a bespoke deliverable for a client, and the instrument so provides, the house assigns to the client the ownership of the deliverables it has produced for that engagement upon receipt of payment. The house retains ownership of any pre-existing tools, libraries, methods and general frameworks it uses, and grants the client a licence to use them as embedded in the delivered work without charge. Should the instrument state that the delivered work remains with the house, the client instead receives a licence to use it for the purpose of the engagement. Either way the agreement is written down before the work is done, and neither side is asked to guess at ownership after the fact.
Each side undertakes to keep confidential the non-public information of the other that it receives in the course of an engagement, including design material, client data, pricing and commercial plans, and to use it only for the purpose of the engagement. Confidential information does not include material that is already public, that the receiving side lawfully held before receipt, or that a legal authority requires to be disclosed.
The house will guard client information with the same discipline it applies to its own and will limit access to those of its staff and engaged contractors who need it. These confidentiality duties survive the end of the engagement and continue to bind each side. Where the house is asked to give evidence or a reference about work it performed, it will do so only with the client consenting or as the law requires.
The handling of personal data in the course of using the website and the services is governed by the privacy policy of the house published at https://www.kscgpinvest.autos/privacy, and that policy forms part of these terms. Where an engagement causes the house to process personal data on behalf of a client who is the controller, the house will, where the applicable law requires, record that relationship in the instrument and will process that data only on documented instruction.
Client proprietary data and the systems the house builds are treated as assets to be guarded. The house does not sell client data and does not use the contents of one clients estate to the benefit of another. Where the house exercises judgement about a fact that is not fixed by law, it will apply its documented approach and record the reasoning so that the treatment can be reviewed.
Each side warrants that it has the power to enter the engagement and that it will perform its side of the bargain lawfully and in good faith. The house warrants that its services will be performed with professional skill and care and that delivered work will conform in all material respects to the specification accepted in writing.
Except to the extent expressly warranted above or in the written instrument, the website and the services are provided on an as available and as is basis to the fullest extent the law permits. The house gives no warranty that the website will be uninterrupted or error free, that a particular configuration will suit every purpose, or that the results rendered by an analytics application will be without the occasional need for the judgement of a human reader. To the fullest extent the law permits, the house is not liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, goodwill or opportunity, arising from the use of the website or a failure of a delivered system, other than where the loss results from the house wilful default or from a liability that the law does not allow to be limited.
Where a claim arises from an engagement, the aggregate liability of the house under or in connection with that engagement, whether in contract, in tort or otherwise, is limited to the total fees the client paid the house under that engagement, unless the written instrument states a different cap. The parties may agree a higher level of professional cover for a particular engagement, and where they do the instrument records it and the agreed cap replaces this one.
Nothing in these terms limits a liability that the law does not permit to be limited, including liability for fraud or for death or personal injury caused by negligence. The client remains responsible for the use it makes of a delivered system and for any decision taken on the numbers the system renders, and nothing here transfers from the client to the house the ordinary responsibility that an investor holds for its own investment judgements.
Either side may end an engagement on the notice and the terms set out in the written instrument. Where no period is fixed, either side may end the engagement on reasonable written notice that allows the outstanding work to be wound down fairly and the sums earned to be settled.
The house may suspend or terminate service immediately, by notice, if the client fails to pay an undisputed sum that is due, breaches a material term and does not cure the breach within a reasonable period after written warning, or acts in a way that threatens the security or lawful running of the systems. On termination each side returns or destroys the confidential material of the other that it holds, unless a law or a professional duty requires the material to be kept, and the client settles the fees for work performed up to the date of termination. These terms that are intended to survive termination, including those on confidentiality, ownership, limitation of liability and governing law, continue to bind.
Neither side is in breach of these terms or of an engagement if it is prevented from performing its obligations by an event beyond its reasonable control, including an act of God, a natural disaster, war, civil unrest, a public emergency, an industrial dispute, a failure of public infrastructure or a failure of an agreed supplier that is not reasonably avoidable. The side affected gives prompt notice of the event and of its expected effect and uses reasonable efforts to lessen the impact. Where the event continues for a materially long period and prevents the heart of the engagement from being performed, either side may end the affected part of the engagement on written notice, with payment for work already performed falling due in the ordinary way.
The client may not transfer or assign its rights under an engagement, or delegate its obligations, to another party without the advance written consent of the house, which the house will not unreasonably withhold where the proposed recipient is a proper party and the transfer does not prejudice the house. The house may engage sub-contractors to carry out part of the work where that is consistent with good professional practice, and remains responsible to the client for the sub-contracted work as if the house had performed it itself. The house may assign its right to be paid under an engagement, and those of these rights that are administrative, without the consent of the client so long as the assignment does not lessen the client entitlements.
If a court or a regulator with proper authority decides that any part of these terms or of an engagement cannot be enforced, that part is to be read down to the minimum needed or, if that is not possible, severed, and the remainder of the terms continues in full force. A delay by either side in exercising a right is not a waiver of that right, and a single exercise of a right does not prevent its later exercise. A waiver is effective only if it is in writing and signed by the party giving it.
These terms and each engagement are governed by the laws of the state of Utah, United States (US), without regard to any conflict of law rule that would point to a different place, and the parties submit to the exclusive jurisdiction of the courts of the state of Utah for any dispute that arises under them, except where the law of a territory that protects you requires a different forum that cannot be displaced. Before proceeding to a formal dispute the parties will try in good faith to settle the matter by discussion and, where a written step is useful, through a senior representative of each side meeting to resolve it.
The house offers its services from its address at 68 W 620 S, Orem - 84058-3100, United States (US). Any notice to the house is effective when delivered to that address or sent to inbox@kscgpinvest.autos. These terms, together with the privacy policy and the written engagement instrument, form the whole agreement between the sides about the services, and they replace any earlier discussion about those services that is not written into that whole.
If you have a question about these terms, or wish to discuss a point before you commit, the house welcomes a direct conversation. Reach the registered entity at the address given here, by email at inbox@kscgpinvest.autos or by telephone on +17123991433, and a member of the team will answer in plain language. By using the website you accept these terms as they stand at the time of use, and by signing or otherwise accepting a written engagement you confirm that you have read, understood and agreed to be bound by these terms as they apply to that engagement.