Terms of Service

1. Acceptance of These Terms

By accessing this website, by submitting an enquiry, or by engaging the Company for services, you agree to be bound by these Terms of Service. If you do not agree with any part of these terms, please do not use the site and do not submit information through it. Where a signed contract, purchase order or master services agreement exists between you and the Company, that document governs the work it covers, and these terms apply only to the extent they are not inconsistent with it.

These terms apply together with our Privacy Policy, which is published separately and describes how personal information is handled. The Privacy Policy forms part of the overall agreement between you and the Company for the use of the website.

2. Definitions

In these terms, the Company means UTILITEQ CONTRACTORS LLC and its personnel, while the Customer means the person or organisation that engages the Company or requests a proposal. The site means the website at www.utiliteqcontractors.lat and its related pages. Deliverables means the drawings, documents, records, configurations, test results and installed systems produced under a project.

The term works describes the physical construction, installation, trenching, cabling, controls and commissioning activity performed in the field. The term proposal describes any quotation, estimate, letter of intent, scope narrative or budget figure issued by the Company before a formal contract is signed.

3. Eligibility and Business Use

The website and the services described on it are intended for businesses, public bodies and adults. By using the site you confirm that you are at least the age of majority in your jurisdiction and that you have the authority to act for any organisation you represent. If you access the site on behalf of an employer or client, you confirm that you are permitted to do so and that the organisation accepts these terms.

The Company may decline an enquiry, a project or a site at its discretion, including where the proposed work would breach a legal duty, exceed our capabilities, present an unmanageable safety risk, or conflict with an existing commitment. Nothing on the website is an offer capable of immediate acceptance.

4. Permitted Use of the Website

You may view, browse and print pages from the site for lawful business and informational purposes. You may contact the Company through the channels provided and may share links to the site. You may not copy substantial portions of the content for commercial redistribution, remove notices, present the content as your own, or use it in a way that suggests a partnership or endorsement that does not exist.

The information on the site is general in nature. It does not constitute engineering advice for a specific site, and it must not be relied upon as a substitute for a proper site assessment performed by qualified personnel. Project decisions should always be based on the written proposal, the site survey and the applicable codes for the jurisdiction concerned.

5. Prohibited Conduct

You agree not to misuse the site. Prohibited conduct includes attempting to gain unauthorised access to any part of the site or its underlying infrastructure, introducing malicious code, probing or scanning for vulnerabilities, interfering with normal operation, and using automated tools to harvest content or contact details. You must not submit false information, impersonate another person, or use the contact form to send unlawful, threatening, defamatory or misleading material.

You must not use the site in a manner that infringes the rights of the Company or any third party, or that breaches applicable law. Where a prohibited act causes loss or damage, you may be liable for the consequences, and the Company may report the matter to the relevant authorities and cooperate with any investigation.

6. Services and Scope of Work

The Company provides computer integrated systems design and related utility technology contracting services. These include turnkey systems integration, network infrastructure builds, utility data cabling, SCADA and controls commissioning, site assessment and permitting, and maintenance and emergency response. The exact scope for any project is defined in the written proposal or contract agreed with the Customer, and any work outside that scope is treated as a variation.

Descriptions on the website are indicative. They summarise the disciplines the Company offers and do not promise a particular method, product, schedule or outcome. The Company may choose the means, methods, techniques and personnel used to deliver the work, subject to the agreed scope and to applicable safety and regulatory requirements.

Where the Customer requires specific standards, equipment brands or acceptance criteria, those must be recorded in the contract. The Company will follow documented requirements, and any assumption it makes where the Customer has not specified a requirement will be stated in the proposal or in a written clarification.

7. Quotations, Estimates and Proposals

Proposals issued by the Company are valid for the period stated on the document, and if no period is stated they are valid for thirty days from issue. Prices may be adjusted if the scope, site conditions, material costs, permit requirements or schedule change materially before a contract is signed. Estimates are prepared in good faith from the information available, and provisional sums are identified where the final quantity cannot be fixed in advance.

A proposal becomes binding only when both parties sign a contract, or when the Customer accepts the proposal in writing and the Company confirms acceptance. Until that point, either party may withdraw without liability for the work not yet awarded, except for costs already incurred at the written request of the Customer.

8. Scheduling, Access and Site Conditions

Schedules are prepared on the basis of the information available at the time. Dates may shift because of permitting delays, utility locate lead times, weather, ground conditions, material availability or the actions of third parties. The Company will give prompt notice of a material change and will work with the Customer to resequence the affected work.

The Customer is responsible for providing safe and timely access to the work areas, for identifying known hazards, and for obtaining any consent needed from a landlord, tenant or adjoining owner. Where concealed conditions differ from those reasonably expected, the Company will document the difference and may adjust the scope, price and schedule accordingly.

9. Customer Responsibilities

The Customer agrees to provide accurate information about the site, the existing services and the operational constraints that affect the work. The Customer will supply available records, drawings and survey data, and will identify any known private utilities that are not recorded in public systems. The Customer will nominate a contact person with authority to make decisions and to approve variations.

The Customer is responsible for protecting its own data and systems before, during and after the works, for maintaining backups, and for obtaining any internal approval needed to proceed. Where the work involves live systems, the Customer will arrange any planned outage, shutdown or isolation that is required, unless the contract states otherwise.

The Customer will ensure that its personnel, contractors and visitors comply with the site safety rules and with the instructions of the Company crews, particularly around open trenches, heavy equipment and energised systems.

10. Fees, Invoicing and Payment

Fees are set out in the agreed proposal and may be structured as a lump sum, a schedule of rates, a time and materials arrangement, or a combination. Invoices are issued according to the payment schedule in the contract, and where no schedule is stated they are due within thirty days of the invoice date. Amounts are payable in the currency stated on the invoice, without deduction or set off unless required by law.

Late payments may attract interest at the rate stated in the contract or, if none is stated, at the maximum rate permitted by applicable law. The Customer is responsible for taxes, duties and similar charges associated with the services, except for taxes on the Company income. Where a payment is overdue, the Company may suspend work after giving notice and may recover reasonable costs of collection.

Payments for third party materials, permits, equipment hire and utility fees may be required in advance or on a pass through basis. The Company will provide supporting documentation for such amounts on request.

11. Changes and Variations to Work

Changes requested by the Customer must be recorded in writing before the affected work proceeds. A variation record should describe the change, the reason, the impact on price and the impact on schedule. Where a change is urgent and cannot wait for paperwork, the Company may proceed on written instruction and confirm the commercial effect afterwards.

Where a change results from unexpected site conditions, a regulatory requirement, or an error in information supplied by the Customer, the Company will notify the Customer promptly and agree a fair adjustment. Work that has already been completed in good faith is payable even if the Customer later decides not to continue with the remaining scope.

12. Subcontractors and Suppliers

The Company may engage subcontractors, suppliers and specialist vendors to deliver part of the work. The Company remains responsible for the coordination of that work under the contract, unless the Customer separately contracts with the third party. Subcontractors are required to meet the safety, quality and confidentiality standards that apply to the project.

Where the Customer insists on a nominated subcontractor or supplier, the Company may accept the nomination subject to reasonable conditions, including confirmation of competence, insurance and availability. The Customer remains responsible for the performance of a nominated party to the extent the Company cannot control it.

13. Permits, Utilities and Regulatory Compliance

The Company will assist with permit applications, traffic control plans and inspection coordination as described in the scope. Unless the contract states otherwise, the Customer is responsible for the underlying right to perform the work, including property rights, easements and consents from utility owners. Statutory approval times are outside the control of the Company.

Both parties will comply with applicable laws, including those relating to underground utilities, excavation safety, environmental protection, waste disposal and workplace health and safety. Where a permit condition conflicts with the agreed design, the parties will agree a compliant alternative and record the commercial effect as a variation.

14. Safety, Field Conduct and Site Rules

Safety governs every decision on a site. The Company crews work to an approved safety plan, use protective systems for excavations, and maintain barricades, plates, signage and caution marking for the duration of the work. Visitors must stay outside marked areas, follow directions, and wear any required personal protective equipment.

The Company may stop work, remove a person from a site or suspend an activity where it reasonably believes a condition is unsafe or a rule is being ignored. A safety stop is not a breach of contract, and any resulting delay is treated as a delay outside the control of the Company until the condition is corrected.

15. Intellectual Property

All content on the website, including text, layout, graphics and code, is owned by the Company or used under licence and is protected by applicable intellectual property law. No licence to reproduce or redistribute that content is granted except as stated in these terms.

For project deliverables, ownership and licence rights are defined in the contract. Unless the contract says otherwise, the Company retains ownership of its standard designs, templates, libraries, software components and methods, and grants the Customer a licence to use the deliverables for the operation, maintenance and modification of the installed system. Third party products remain subject to the terms of their respective suppliers.

16. Confidentiality

Each party may receive confidential information from the other, including technical data, drawings, pricing, operating procedures and business plans. Each party agrees to use that information only for the purposes of the engagement, to protect it with reasonable care, and to limit access to personnel and advisers who need it. These obligations do not apply to information that is public, independently developed, or lawfully received from another source.

Where disclosure is required by law or by a regulator, the disclosing party will, where lawful, give prompt notice so that protective steps can be considered. Confidentiality obligations continue after the work is complete for the period stated in the contract, or if none is stated, for a reasonable period having regard to the sensitivity of the information.

17. Warranties and Disclaimers

The Company warrants that it will perform the services with reasonable skill and care, in accordance with the agreed scope and applicable law. Workmanship warranties, where offered, are stated in the contract and run for the stated period from acceptance. Manufacturer warranties on equipment pass to the Customer to the extent the Company is able to assign them.

Except as expressly stated, the website and its content are provided on an as available basis without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company does not warrant that the site will be uninterrupted, secure or free of errors, or that any information on it is complete or current for a particular jurisdiction.

18. Limitation of Liability

To the maximum extent permitted by law, the Company is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, data, goodwill or business opportunity, arising out of or relating to the website or the services, even if advised of the possibility of such loss. This limitation applies regardless of the legal theory on which a claim is based.

To the maximum extent permitted by law, the total aggregate liability of the Company arising out of or relating to the services is limited to the amount actually paid by the Customer to the Company for the specific service giving rise to the claim. Where the website is used without a paid engagement, the total liability of the Company for that use is limited to one hundred United States dollars.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, wilful misconduct, or any other liability that applicable law does not permit to be waived.

19. Indemnity

To the extent permitted by law, the Customer agrees to indemnify and hold harmless the Company and its personnel against claims, losses, damages and reasonable costs arising from inaccurate information supplied by the Customer, from the Customer failure to disclose a known hazard, from breach of these terms, or from the Customer use of the deliverables in a manner not intended by the contract.

The Company agrees to indemnify the Customer against third party claims to the extent they arise from the negligent acts or omissions of the Company in performing the services, subject to the limitations set out above. A party seeking indemnity will give prompt notice of the claim and reasonable cooperation in its defence.

20. Force Majeure and Delays

Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control. Such events include natural disasters, severe weather, pandemics, civil unrest, labour disputes, government action, utility failures, cyber incidents affecting critical infrastructure, and the failure of a supplier to deliver where the failure is itself outside reasonable control.

The affected party will give prompt notice and use reasonable efforts to mitigate the impact. If a force majeure event continues for an extended period, either party may terminate the affected portion of the work and settle the account for work performed and costs reasonably committed.

21. Suspension and Termination

The Company may suspend work and the Customer may suspend a project by written notice where a reasonable ground exists, including non-payment or an unresolved safety concern. Suspension does not remove the obligation to pay for work already performed and for costs reasonably incurred in anticipation of continued work.

Either party may terminate a contract for material breach that remains uncured after written notice and a reasonable opportunity to remedy. The Company may terminate immediately where continued work would be unlawful or unsafe. On termination, the Customer will pay for work performed, materials ordered and non-cancellable commitments, and the Company will hand over completed deliverables and return confidential information as agreed.

22. Governing Law and Dispute Resolution

These terms are governed by the laws of the State of Utah in the United States, without regard to its conflict of law rules, except where a mandatory consumer protection law provides otherwise. The parties submit to the jurisdiction of the state and federal courts located in Utah for the resolution of disputes that are not resolved by discussion.

Before commencing formal proceedings, the parties agree to attempt in good faith to resolve any dispute through prompt discussion between authorised representatives. If the matter cannot be resolved within a reasonable period, the parties may agree to mediation before a neutral mediator. Any claim must be brought within the period permitted by applicable law.

23. Changes to These Terms

The Company may revise these terms from time to time to reflect changes in the services, the website, technology, legal requirements or business practice. The current version is the one published on this page. Continued use of the site after a revision indicates that you accept the revised terms.

Changes do not alter the terms of a signed contract for work already awarded, unless the parties agree in writing. If any provision of these terms is found to be unenforceable, the remaining provisions continue in force, and the unenforceable provision is replaced by a valid provision that best reflects the original intent.

24. Contact Information

Questions about these Terms of Service should be directed to the project desk of UTILITEQ CONTRACTORS LLC.