Terms of Service

Last Updated: November 3, 2026

Welcome to KD’s Bar-B-Q, Inc. (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your use of our website (www.kdsbarbq.com), online ordering systems, catering services, and physical restaurant locations (collectively, the “Services”). By accessing or using our Services, placing an order, or booking a catering event, you agree to be bound by these Terms.

1. Use of Services & Online Ordering

Eligibility: You must be at least 18 years of age to place orders or enter into binding contracts with us.
Order Accuracy: You are responsible for reviewing and verifying all order details—including item selections, quantities, dietary/allergy modifications, pickup times, and delivery addresses—prior to submission.
Order Acceptance: We reserve the right to refuse or cancel any order for reasons including item availability, pricing errors, or suspected fraudulent activity.
Online Ordering Technology: Our website and online ordering are powered by Spillover Software Group, LLC, which is not the seller of our food and is not a delivery provider. Use of these features is also subject to Spillover’s Terms of Use at https://spillover.com/terms-of-use/, including a per-order technology fee payable to Spillover that is shown at checkout.

2. Pricing, Payments & Taxes

Pricing & Changes: Prices and item availability are subject to change without notice. Prices charged will be those in effect at the time the order is placed.
Taxes: Applicable local, state (Texas Sales and Use Tax), and federal taxes will be added at checkout. Pursuant to Texas Comptroller regulations, mandatory service or delivery fees billed in connection with prepared food sales are subject to state and local sales tax.
Service Charges & Fees: Itemized delivery or administrative fees cover operational overhead. Voluntary gratuities paid directly to staff are exempt from sales tax, whereas mandatory charges retained by the business are included in taxable totals.

3. Cancellations, Refunds & Catering Terms

Takeout & Standard Delivery: Once an order enters production, it cannot be canceled or modified, and no refunds will be issued. Quality or order concerns must be reported on the day of purchase with receipt.
Discretionary Tip: A 15% discretionary tip will be added to the final bill for all delivery and catering orders. This amount may be increased, decreased, or completely removed upon customer request prior to final payment settlement.
Catering Deposits & Cancellations: Deposits are fully refundable if the catering event is canceled at least 14 days prior to the scheduled event date. Cancellations made fewer than 14 days prior to the event may forfeit the deposit to cover prep labor and committed food costs.

4. Food Safety, Allergens & Handling

Allergen Disclaimer: Our kitchen handles wheat, soy, milk, eggs, peanuts, tree nuts, fish, and shellfish. While we take precautions against cross-contamination, we cannot guarantee any menu item is 100% allergen-free.
Perishable Food Handling: For off-site catering or takeout, customers are responsible for maintaining safe food temperatures (holding hot foods at or above 140°F and cold foods at or below 40°F) once custody is transferred.

5. Limitation of Liability & Governing Law

To the maximum extent permitted by law, KD’s Bar-B-Q, Inc. shall not be liable for any indirect, incidental, or consequential damages. Total aggregate liability shall not exceed the total amount paid for the specific service.

These Terms are governed by and construed under the laws of the State of Texas. Any legal proceedings shall be brought exclusively in state or federal courts located in Midland County, Texas.

Contact Information

KD’s Bar-B-Q, Inc.
3109 Garden City Hwy., Midland, Texas 79707
Phone: 432-683-5013
Email: info@kdsbarbq.com
Web: www.kdsbarbq.com