Terms of Service
Terms and Conditions
1. Agreement
These Terms and Conditions apply to services provided by Data Capture Service ("DCS"), as outlined in the Proposal. The Proposal and these Terms together form the "Agreement." The entity signing the Proposal is the "CLIENT." By contracting (“DCS”), you agree to the full terms and conditions.
2. Scope of Services
DCS provides only the services specified in the Proposal. Additional services must be requested in writing and will be billed separately based on DCS’s current rates.
3. Professional Licensing
DCS does not offer construction, architectural, land surveying, or engineering services requiring professional licenses. CLIENT is responsible for hiring licensed professionals separately. DCS is not liable for their work.
4. Standard of Care
DCS will perform services consistent with industry standards at the time and location of the project. No additional warranties or guarantees are provided.
5. Client Responsibilities
CLIENT must:
1. Provide all necessary project information before services begin.
2. Disclose any hazardous conditions or safety risks.
3. Supply previous studies, plans, or relevant data.
4. Review and approve DCS’s work in a timely manner.
5. Obtain any required permits and approvals.
6. Notify DCS of any project changes that affect services.
6. Invoicing and Payments
1. DCS invoices upon services rendered, with final payment due upon service completion and delivery.
2. CLIENT must notify DCS within two weeks of any billing disputes.
3. Payments are due upon receipt; late payments accrue a 12% annual interest fee.
4. Some larger projects may require a deposit at scheduling. Cancellations within 48 hours of the scheduled service result in a non-refundable fee of 50% or $450, whichever is greater.
5. If a technician arrives and the service is canceled or access is denied, an on-site cancellation fee of $250 will be due.
7. Right of Entry
The CLIENT shall ensure safe access to the site for DCS to perform its services, including executing any necessary site access or license agreements. DCS will not be required to sign any site access or license agreements. While DCS will take reasonable precautions to minimize damage to the property, the CLIENT acknowledges that some incidental damage may occur in the normal course of work. Unless specified in the proposal or caused by DCS's negligence or willful misconduct, DCS will not be responsible for correcting such damage.
8. Job Site Safety and Control of Work
Unless expressly agreed to in writing under a separate contract, DCS is not responsible for the safety program of the Project or for the safety of any entity or individual other than DCS and its contractors. The presence of DCS contractors or subcontractors at the site does not imply responsibility for the safety of other personnel or activities at the site.The CLIENT agrees that DCS has no authority, obligation, or control over other contractors, subcontractors, or construction managers and their personnel. DCS will take reasonable precautions to safeguard its employees and those legally under its responsibility.
9. Existing Conditions and Subsurface Risks
Identifying subsurface conditions involves inherent risks. Even the most comprehensive sampling and testing programs may not detect all conditions. The CLIENT acknowledges that actual site conditions may differ from those interpreted by DCS based on available data. DCS shall not be responsible for interpretations made by others based on the information it provides.DCS will take reasonable precautions to avoid damage to subterranean structures or utilities. However, the CLIENT agrees to indemnify and hold DCS harmless for any damage or resulting impacts if such structures or utilities were not disclosed or were inaccurately represented on provided plans.
10. Indemnification
To the extent permitted by law, DCS agrees to indemnify and hold the CLIENT and its affiliates harmless from claims, liabilities, or losses caused by DCS’s negligence or willful misconduct. DCS is not responsible for damages arising from CLIENT actions or those of CLIENT’s contractors or agents.Similarly, except for damages caused by DCS’s negligence or willful misconduct, the CLIENT agrees to indemnify DCS against claims arising from unknown site conditions, errors in CLIENT-provided data, or unauthorized use of DCS’s deliverables.
11. Limitation of Liability
DCS’s total liability to the CLIENT for any claims, whether in contract, tort, or otherwise, shall not exceed the total compensation received by DCS or $10,000, whichever is greater, after applying available insurance proceeds. Liability waivers apply to damages covered by property insurance.
12. Waiver of Consequential Damages
Both parties waive claims for consequential or special damages, including lost profits, revenue, or business opportunities, regardless of cause.
13. Insurance
DCS will maintain general and professional liability insurance with a minimum limit of $1,000,000 and will provide certificates of insurance to the CLIENT upon request.
14. Force Majeure
Neither party is liable for delays, failures, or costs caused by events beyond their reasonable control, including natural disasters, labor disputes, government actions, pandemics, or CLIENT-related delays.
15. Project Deliverables
DCS retains all rights to its deliverables, including reports, drawings, and data. CLIENT may not distribute, modify, or reuse deliverables without prior written authorization. DCS is not responsible for unauthorized modifications or misuse.DCS will not sign documents certifying conditions it cannot verify. Certifications are professional opinions and not guarantees.
16. Conflicts of Interest
DCS may provide services to other clients with interests adverse to CLIENT’s, provided those services are unrelated to CLIENT’s project. DCS will not disclose CLIENT’s confidential information unless legally required.
17. Termination and Suspension
Either party may terminate this agreement with seven (7) days’ written notice if the other party fails to perform substantially. CLIENT’s non-payment constitutes grounds for termination or suspension of services. DCS is entitled to compensation for services rendered before termination.
18. Successors and Assigns
This agreement binds the parties and their successors. Assignments require prior written consent, which will not be unreasonably withheld.
19. Dispute Resolution
Disputes shall first be subject to non-binding mediation. Legal proceedings must be brought within one (1) year of substantial service completion. CLIENT waives claims not filed within this period. If CLIENT’s negligence claim against DCS is unsuccessful, CLIENT must reimburse DCS for its reasonable defense costs.
20. Governing Law
This agreement is governed by the laws of the state where DCS’s issuing office is located, which is in the state of Texas.
21. Entire Agreement
This agreement, including the proposal and fee schedule, constitutes the entire understanding between the parties, superseding conflicting terms in CLIENT’s documents. Modifications must be in writing and signed by both parties.
Notes and Exclusions:
1. Exterior scans may be delayed due to weather conditions. Additional site visits due to delays beyond DCS’s control may incur extra costs, subject to CLIENT approval.
2. Laser scanning is non-destructive and limited to visible information. CLIENT must expose concealed elements before scanning if data collection is required.
3. CLIENT is responsible for clearing obstructions before scanning. Examples include:
1. Removing items from floors if floor detail is needed.
2. Removing insulation from piping if exact diameter measurement is required.
3. Clearing vegetation or stationary objects obstructing scan views.
4. DCS is not responsible for site housekeeping. Any obstructing objects at the time of scanning will be captured in the data.
By booking with Data Capture Service, you agree to the full terms and conditions.
1. Agreement
These Terms and Conditions apply to services provided by Data Capture Service ("DCS"), as outlined in the Proposal. The Proposal and these Terms together form the "Agreement." The entity signing the Proposal is the "CLIENT." By contracting (“DCS”), you agree to the full terms and conditions.
2. Scope of Services
DCS provides only the services specified in the Proposal. Additional services must be requested in writing and will be billed separately based on DCS’s current rates.
3. Professional Licensing
DCS does not offer construction, architectural, land surveying, or engineering services requiring professional licenses. CLIENT is responsible for hiring licensed professionals separately. DCS is not liable for their work.
4. Standard of Care
DCS will perform services consistent with industry standards at the time and location of the project. No additional warranties or guarantees are provided.
5. Client Responsibilities
CLIENT must:
1. Provide all necessary project information before services begin.
2. Disclose any hazardous conditions or safety risks.
3. Supply previous studies, plans, or relevant data.
4. Review and approve DCS’s work in a timely manner.
5. Obtain any required permits and approvals.
6. Notify DCS of any project changes that affect services.
6. Invoicing and Payments
1. DCS invoices upon services rendered, with final payment due upon service completion and delivery.
2. CLIENT must notify DCS within two weeks of any billing disputes.
3. Payments are due upon receipt; late payments accrue a 12% annual interest fee.
4. Some larger projects may require a deposit at scheduling. Cancellations within 48 hours of the scheduled service result in a non-refundable fee of 50% or $450, whichever is greater.
5. If a technician arrives and the service is canceled or access is denied, an on-site cancellation fee of $250 will be due.
7. Right of Entry
The CLIENT shall ensure safe access to the site for DCS to perform its services, including executing any necessary site access or license agreements. DCS will not be required to sign any site access or license agreements. While DCS will take reasonable precautions to minimize damage to the property, the CLIENT acknowledges that some incidental damage may occur in the normal course of work. Unless specified in the proposal or caused by DCS's negligence or willful misconduct, DCS will not be responsible for correcting such damage.
8. Job Site Safety and Control of Work
Unless expressly agreed to in writing under a separate contract, DCS is not responsible for the safety program of the Project or for the safety of any entity or individual other than DCS and its contractors. The presence of DCS contractors or subcontractors at the site does not imply responsibility for the safety of other personnel or activities at the site.The CLIENT agrees that DCS has no authority, obligation, or control over other contractors, subcontractors, or construction managers and their personnel. DCS will take reasonable precautions to safeguard its employees and those legally under its responsibility.
9. Existing Conditions and Subsurface Risks
Identifying subsurface conditions involves inherent risks. Even the most comprehensive sampling and testing programs may not detect all conditions. The CLIENT acknowledges that actual site conditions may differ from those interpreted by DCS based on available data. DCS shall not be responsible for interpretations made by others based on the information it provides.DCS will take reasonable precautions to avoid damage to subterranean structures or utilities. However, the CLIENT agrees to indemnify and hold DCS harmless for any damage or resulting impacts if such structures or utilities were not disclosed or were inaccurately represented on provided plans.
10. Indemnification
To the extent permitted by law, DCS agrees to indemnify and hold the CLIENT and its affiliates harmless from claims, liabilities, or losses caused by DCS’s negligence or willful misconduct. DCS is not responsible for damages arising from CLIENT actions or those of CLIENT’s contractors or agents.Similarly, except for damages caused by DCS’s negligence or willful misconduct, the CLIENT agrees to indemnify DCS against claims arising from unknown site conditions, errors in CLIENT-provided data, or unauthorized use of DCS’s deliverables.
11. Limitation of Liability
DCS’s total liability to the CLIENT for any claims, whether in contract, tort, or otherwise, shall not exceed the total compensation received by DCS or $10,000, whichever is greater, after applying available insurance proceeds. Liability waivers apply to damages covered by property insurance.
12. Waiver of Consequential Damages
Both parties waive claims for consequential or special damages, including lost profits, revenue, or business opportunities, regardless of cause.
13. Insurance
DCS will maintain general and professional liability insurance with a minimum limit of $1,000,000 and will provide certificates of insurance to the CLIENT upon request.
14. Force Majeure
Neither party is liable for delays, failures, or costs caused by events beyond their reasonable control, including natural disasters, labor disputes, government actions, pandemics, or CLIENT-related delays.
15. Project Deliverables
DCS retains all rights to its deliverables, including reports, drawings, and data. CLIENT may not distribute, modify, or reuse deliverables without prior written authorization. DCS is not responsible for unauthorized modifications or misuse.DCS will not sign documents certifying conditions it cannot verify. Certifications are professional opinions and not guarantees.
16. Conflicts of Interest
DCS may provide services to other clients with interests adverse to CLIENT’s, provided those services are unrelated to CLIENT’s project. DCS will not disclose CLIENT’s confidential information unless legally required.
17. Termination and Suspension
Either party may terminate this agreement with seven (7) days’ written notice if the other party fails to perform substantially. CLIENT’s non-payment constitutes grounds for termination or suspension of services. DCS is entitled to compensation for services rendered before termination.
18. Successors and Assigns
This agreement binds the parties and their successors. Assignments require prior written consent, which will not be unreasonably withheld.
19. Dispute Resolution
Disputes shall first be subject to non-binding mediation. Legal proceedings must be brought within one (1) year of substantial service completion. CLIENT waives claims not filed within this period. If CLIENT’s negligence claim against DCS is unsuccessful, CLIENT must reimburse DCS for its reasonable defense costs.
20. Governing Law
This agreement is governed by the laws of the state where DCS’s issuing office is located, which is in the state of Texas.
21. Entire Agreement
This agreement, including the proposal and fee schedule, constitutes the entire understanding between the parties, superseding conflicting terms in CLIENT’s documents. Modifications must be in writing and signed by both parties.
Notes and Exclusions:
1. Exterior scans may be delayed due to weather conditions. Additional site visits due to delays beyond DCS’s control may incur extra costs, subject to CLIENT approval.
2. Laser scanning is non-destructive and limited to visible information. CLIENT must expose concealed elements before scanning if data collection is required.
3. CLIENT is responsible for clearing obstructions before scanning. Examples include:
1. Removing items from floors if floor detail is needed.
2. Removing insulation from piping if exact diameter measurement is required.
3. Clearing vegetation or stationary objects obstructing scan views.
4. DCS is not responsible for site housekeeping. Any obstructing objects at the time of scanning will be captured in the data.
By booking with Data Capture Service, you agree to the full terms and conditions.