TERMS OF SERVICE
Greetings and welcome to MEP Value Engineering Inc, where we provide Mechanical, Electrical and Plumbing engineering Services herein known as the Service. We want to make sure you understand the terms and conditions of using our Service, as explained in this document (the "Agreement"). By using our Service, you agree to this Agreement and any updated versions posted since your last visit. If you do not accept this Agreement, please refrain from using our Service.
PARTIES TO THIS AGREEMENT.
Our Clients, Designers and Professional Engineers. Building Owners, Developers, General Contractors, and Architects are herein known as Clients. A team of skilled design engineers at various levels are herein known as Users. Professional Engineers are herein known as PE's. The Service assigns Client projects to Designers and PEs. This Agreement binds the Service, Clients, Users, and PE's in combination are herein known as Parties to this Agreement or simply Parties.
Nature of Relationship. Our Service performs specific functions to discover MEP projects of our Clients. The Service acts as a platform to match these projects to PEs and Users. All Parties that use the Service are accountable for all aspects of this exchange, including obtaining E&O Insurance, ensuring the precision and legality of engineering drawings and communications shared, selecting independent contractors and other professional partners, and executing or failing to execute any resulting agreement. The PE's work is provided at risk of compensation. We cannot guarantee that Clients will fulfill their obligation to perform or pay for any goods or services provided.
COMPENSATION
Clients, We are committed to providing you with a personalized Proposal that supplements the terms stated in this Agreement.
Skilled Engineering Talent The compensation for Users and PEs will be negotiated separately and is subject to change based on the specific project requirements.
Project Acceptance. By accepting a project through our Service, all Parties are granting us the right to store, copy, reproduce, adapt, create derivative works of, transmit, disseminate, perform, and display the project and its related documents worldwide, perpetually, and royalty-free. These rights include making any incidental or additional uses necessary to operate the Service, using any media or technology available now or developed in the future. You are also granting us the right to the compilation of drawings, bids, and communication threads, including those created by you.
OUR SERVICES.
Mechanical Design
If included, HVAC systems may include Water Source Heat Pumps, Bard systems, DX systems, split systems, or air-cooled chiller systems to ensure all spaces are maintained at a comfortable temperature of 75◦F/50%RH. Designs will meet the ventilation requirements for identified areas following the latest adopted edition of the Standard Mechanical Code and all State and local jurisdictional codes. Additionally, a central pre-conditioned fresh air system may be required to meet ventilation codes. Mechanical Designs include Energy Calculations for the project to meet permitting requirements.
Electrical Design
If Included, Electrical Designs include building lighting, power distribution, receptacle layouts, and Building Fire Alarm System as required per local code. The electrical systems are designed per the latest adopted editions of the local Building Code, National Electrical Code, ADA, and all State and local jurisdictional codes. All unit appliances will be electric to ensure safety unless specified otherwise.
It is anticipated that an interior lighting designer will be providing specialty area lighting design and dimming control design to MEP Value Engineers Engineering Inc. for project integration. MEP Value Engineers Engineering Inc. will connect fixtures as selected by the designer into the Construction documents and circuitry. Power connections will be provided to the exterior walls of the building.
Plumbing Design
If Included, Plumbing Systems of spaces and process areas specified by the owner or Architect. Underground water and sewer will be shown stubbed out of the building 5’-0” in the direction of the domestic water service and will be coordinated with the civil engineer. Plumbing systems may include a gas line schematic if specified by the Architect.
All connections to site utilities (water, fire protection, and sewer) will be by the civil engineer. Site amenity designs such as fountains, pool, spa, are not included in this proposal. Water and sewer connections will be provided to the exterior walls of the building.
Fire Protection Design
If Included, Fire Protection Systems comply with NFPA 13 fire protection design for the subject facility per FAC 61G15 requirements. The successful Fire Protection vendor will be required to submit complete fire protection sprinkler piping drawings for permitting. MEP Value Engineering Inc. will serve as the Engineer of Record, provide a signed and sealed performance-type zone drawing, and review the sprinkler piping submittal.
All connections to site utilities (water, fire protection, and sewer) will be by the civil engineer. Site amenity designs such as fountains, pool, spa, are not included in this proposal. Water connections will be provided to the exterior walls of the building.
Site Lighting Design
If Included, Site Lighting Design includes a corresponding photometric layout.
Low Voltage Design
If Included, Pre-wire / conduit diagrams for Information Telecommunication systems design, including Telephone, Intercom, Music, Production Controls, Data, Access control, Security, and CCTV systems will be developed.
Construction Documents
All work will be in AutoCAD and/or REVIT BIM Generated Drawings, and the resulting signed and sealed drawings will be provided in a PDF file format. Architect to specify if the local municipality requires a combined drawing package or individual sheets.
Specification
Project specifications will be provided on the drawings. Upon special request from the Architect, the specifications will be made available in the format of a Master Specifications book in PDF format, which will be adequate for the bidding processes.
Design Meetings
Up to (2) two design meetings, (1) one hour in length or less via virtual meetings are included.
Submittals
MEP Value Engineering Inc. will share a BIM 360 folder with the Architect containing the following:
A. Drawings in pdf format at completion levels upon the specified dates.
B. Final signed and sealed drawings in PDF format upon the specified dates.
Construction Administration
The project construction administration includes one site visit, shop drawing reviews, and RFI responses during the construction period.
OUR CORE VALUES.
General Contractor. The Service does not supervise, direct, control, or have authority over the work of any contractor. Furthermore, the Service is not responsible for the means, methods, techniques, sequences, or procedures of construction used by any contractor, nor for their safety precautions and programs at the Project site. The Service does not guarantee the performance of any contractor or assume responsibility for any failure on their part to fulfill their obligations under the contract between Contractor and Owner. Any variations between actual construction bids or costs and the Service's estimates regarding construction costs are not the responsibility of the Service. The Service is not liable for the acts or omissions of any contractor, subcontractor, supplier, or their agents or independent contractors, or any other individuals involved in construction work at the Project site. Additionally, the Service is not responsible for any decisions made regarding construction contract requirements, or any application, interpretation, or clarification of the construction contract, except those made by the Service.
Process Equipment Design
Process Equipment or commercial kitchen designs are not included in the Proposal. MEP Value Engineering Inc. requires complete equipment drawings for all process and kitchen designs to be provided. Information must include water, sewer, and power demand for all equipment. Process piping and wiring for all equipment are to be provided by third-party vendors. The design of the grease and oil separator/interceptor is not included in this proposal.
Prohibited Behavior on the Service. To ensure a safe and fair environment for all Parties, it is important that your listings, bids, and communications do not contain any knowingly false, misleading, or materially inaccurate information, infringe on any third-party intellectual property or privacy rights, offer counterfeit items (unless specifically designated as such), violate any laws or regulations (including securities laws, export laws, and technology transfer laws), contain defamatory, harassing, or patently offensive language, or upload any virus or other deliberately destructive file or code. Additionally, kindly refrain from making repetitive bids or interfering with normal operations, advertising other websites or services, linking to any content or service that violates this Agreement, using any robot or other automatic device to access, copy, retrieve, or use any content obtained from the Service (this means you must actually be present at your computer terminal and use the Matching Service manually), or using any program or device to meta-search or consolidate listings or bids from our Service with listings or bids from other matching services. Thank you for your cooperation.
WE RESERVE THE RIGHT TO REMOVE ANY LISTING OR COMMUNICATION AND SUSPEND OR TERMINATE ANY MEMBER THAT VIOLATES THE FOREGOING PROVISIONS OR OTHERWISE ENGAGES IN BEHAVIOR THAT WE IN OUR SOLE JUDGMENT CONSIDER TO BE INAPPROPRIATE.
Taxes. PEs and Users of our Service, it is your responsibility to ensure that all required returns are filed in a timely manner and that any applicable taxes or levies, along with any interest and penalties, are paid promptly. Additionally, you agree to protect, compensate, and keep our Service free from any and all Tax Claims that result from or are related to your use of the Service.
Outage Policy. Please note that any interruption in your use of the Service, such as an internet outage or inclement weather, is beyond our control. We may extend the delivery date due to such circumstances. We apologize for any inconvenience this may cause.
Disputes Among the Parties. By using the Service, you agree to hold the Service harmless and release the Service, including our officers, directors, owners, agents and independent contractors, from any liability arising from any dispute that may occur as a result of your use of the Service or any goods or services obtained through it. This includes claims for direct, indirect, incidental or consequential damages, or attorney fees, even if we are informed of the possibility of such damage, regardless of whether it arises in contract, tort or otherwise. If you do attempt to involve the Service in a dispute, you must comply with the Governing Law provision of this Agreement and cover our costs and expenses, including reasonable legal fees.
California Residents: if you reside in California, you waive the protection of California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
NON-CIRCUMVENT CLAUSE:
This Agreement is initiated by the Service, and all Parties involved agree not to engage in any business transactions or interactions with individuals or entities introduced, referred to, or identified by the Service during the term of this Agreement and for three years after, unless the Service provides express written consent. Additionally, the Parties agree not to disclose or use any confidential or proprietary information obtained from another party to establish or engage in business relationships or transactions with third parties that could be considered a circumvention or undermining of the Service's interests. If the non-circumvent clause is breached, the non-breaching party has the right to seek injunctive relief and other available remedies under applicable law. It is important to note that this non-circumvent clause will remain in effect even after the termination or expiration of this agreement.
OUR PRIVACY POLICY.
The Service is a Professional Engineering organization. We take the privacy of our Clients and their projects seriously. We have implemented a strict Privacy Policy prohibiting our PEs and Users from disclosing Client projects information before it becomes public knowledge. However, please note that third-party providers of goods or services may have their own privacy policies in place. It is the responsibility of all Parties to restrict their vendors from sharing any information about their projects before it becomes public knowledge. Additionally, all information regarding our client's past projects hosted on our website has been thoroughly reviewed and authorized by the Client.
USING OUR CONTENT & SERVICE.
Our Proprietary Rights. Our platform provides a variety of information, software, images, videos, music, links, logos, and other materials ("Content") that are legally owned by the Service or third-party suppliers. The logo of our Service is available in multiple color variations, which are also subject to our copyright. The Content on our platform is copyrighted both individually and as a collective work, and all rights are reserved. The names "MEP Value Engineering Inc" and other names on our platform are either trademarks or registered trademarks of our Service or the respective third-party owners. Please make sure to leave all copyright, trademark, or other proprietary rights notices visible and readable on any Content you access. All licenses granted are non-exclusive.
Displaying Our Logo. All Parties in good standing have the right and license to publicly display our Emblem on your registered
website. It's important to note that the Emblem cannot be altered or merged with other emblems or trademarks. If a new version of the Emblem is issued, we recommend replacing the old one as soon as possible. In the event of a membership suspension or termination, the Emblem must be promptly removed and no longer used.
Linking to Our Site. Please refrain from displaying our Content in a frame or border, or "deep linking" or harvesting Content from below our top URL. If we find any objectionable links to our Service, please promptly remove them upon request.
Our Downloadable Digital Products. Our Service allows Users and PEs to download digital products and software and receive regular electronic updates for these products. If you choose to download any of these materials, your use will be governed by an end-user license agreement (EULA) that comes with it. If there is no EULA, you may still use the products and updates upon payment of applicable fees. This grants you a personal, non-transferable license to install and use the products and updates on one computer for personal or internal business processes. However, products labeled as "web site components" may be integrated into your website and made available online, as long as no separate fee is charged for their use. You are not allowed to distribute, transmit, or make the products or updates available to others. During the distribution process, we may only check your computer to determine which products and versions are already installed, and for no other purpose. Unless stated in an EULA, the software is provided "AS-IS" and "AS AVAILABLE".
Third-Party Applications. Our Service allows Users and PEs to remotely access and use 3rd party software application files from Carrier and/or AutoDesk building models hosted on our servers or the servers of our Clients through a licensing agreement from the software provider. The Service or Clients of the Service will grant access to Users working on a Project. Your use of any remotely hosted software application will be subject to the accompanying license agreement from the software provider. If there are no such terms, and you have paid any applicable fees, you will have a personal, non-transferable license to access and use the Remote Hosted Application to process your own data for your personal or internal business processes. The Service is granted the authority from Clients to grant access to Users working on the Client's Project. Users are not authorized to grant access to Remote Hosted Applications to 3rd parties unless expressly authorized by the Service and the Client. Unless specifically stated in a separate agreement, access to Remote Software Application files are revocable, non-transferable, and provided "AS-IS" and "AS AVAILABLE" by third-party vendors. Clients, Users, and PE are encouraged to purchase Bluebeam Revu and Microsoft Teams for the purpose of editing pdf files and team meetings.
Reservation of Rights. The Service, including all its content, communications, software applications, digital products, updates, and features, is protected by copyright law. Ownership rights belong to the Service, its owners, suppliers, or third parties. We reserve all rights not exclusively granted to you. This means that using the Service and its associated intellectual property rights is strictly interpreted by a court in our favor. Unless specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works, transmit, disseminate, publicly display, or perform any copyrighted material from this Service. You are not allowed to reverse engineer our Service or any software obtained from it to discover its underlying design or inner workings, and you must keep any information discovered in violation of this provision confidential for our benefit alone. If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could suffer irreparable harm and may obtain a court order without posting bond to enjoin you from causing further harm.
YOUR DROPBOX ACCOUNT & PASSWORD.
Revit and BIM 360. The Service will host most projects in Revit. Therefore, the Service will provide user access to proprietary files. of our clients. Other than staff members working on the specific project, the user name and password to the project should not be shared outside the design team. Please keep in mind that the Service does maintain who has access to our projects, so it is crucial that you keep it confidential. If you notice any suspicious activity, please inform us so we can create a new password. We strongly advise against sharing your account or password with anyone outside your direct design team without explicit authorization.
Dropbox.com . The Service will grant Dropxox.com file folder access to Users, PEs, and Clients working on a Client's Project. Dropbox.com is an independent third-party platform. Upon signing up, it is your responsibility to create your own account by choosing a unique username and password. Please keep in mind that the Service does not have access to your password, so it is crucial that you keep it confidential. If you notice any suspicious activity with your Dropbox Account, please change your password right away and inform us. We strongly advise against sharing your account or password with anyone and using someone else's account without explicit authorization. At Dropbox.com, users can create their own private space called "Storage Lockers" to securely upload, store, and retrieve files. It's important to note that there is a limit to the amount of space available for each Storage Locker, which can be found in the FAQs or instructions. Once registered, you can easily access and manage your Storage Locker, upload your files, and retrieve them whenever you need.
YOUR CONTENT & SUBMISSIONS.
Your Public Messages. Our platform offers interactive features that enable users to post, send, and receive messages or content through various online channels such as discussion forums, newsgroups, chat areas, and calendars. We do not monitor or control the content of these Communications. However, we reserve the right to block or remove any Communications that violate our agreement or harm our platform or any individual, although we are not responsible for doing so.
Permission to Publish. We want to clarify that our Service respects your ownership of the content you share through our platform. By making Communications on our Service, you are granting our Service (and any affiliates and sublicensees) a worldwide, perpetual, royalty-free, sublicensable right and license to use your content for the purpose of operating and improving our Service. This includes the ability to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform your Communications through the Service. Additionally, we may obtain a copyright in the "thread" or compilation of Communications on the Service generally, including your own Communications.
Your Hosted Web Page. All Parties in good standing can use our Service to create your own web pages and manage your content and communications remotely. These web pages have a limited amount of storage space which you can check by referring to the FAQs or instructions. On your Hosted Site, you can conduct your business transactions. Please note that additional services, such as order fulfillment or payment processing, may be provided by us or third-party suppliers and may be subject to their own terms, conditions, and fees.
Data Management & Disclosure. Please be advised that we have the right to manage and operate our system resources. We may also choose to archive or delete any files stored on our Service at any time. As the Client and/or User, it is your responsibility to create back-up copies of any files that you wish to preserve. Please note that we may archive or delete files stored in inactive accounts after a certain period of time, as determined by the Service. We want to assure you that we do not claim any ownership rights in the contents under your account. However, we may need to disclose the contents of your account in certain circumstances. This includes (a) when required by law or legal process, (b) to protect or defend the rights of the Service, (c) to enforce this Agreement, or (d) to protect the interests of any other User.
Prohibited Behavior. Please be mindful when uploading, storing, or sharing any content or communication through our Service. It is important that you do not violate anyone's intellectual property or privacy rights, or engage in any behavior that a reasonable person would consider abusive, profane, racially or ethnically offensive, defamatory, or harassing. Additionally, you must comply with all applicable laws, including U.S. and foreign securities regulations. Pornographic or obscene images or files are strictly prohibited, as is impersonating our personnel or disrupting the orderly operation of the Service. Please note that if you violate this Agreement, the Service may cooperate with law enforcement agencies and provide identifying information to anyone affected by your actions. Lastly, please refrain from encouraging users to terminate their use of our Service or to use a competitor's service. Thank you for your cooperation.
Anti-Spam Restriction. Please refrain from using our Service for unsolicited bulk advertising or promotional messages, commonly known as "spam." This includes chain letters and pyramid schemes. All promotions should be made through channels authorized by the Service. It is prohibited to collect email addresses or instant messaging identifiers. If you knowingly send spam messages, you agree to pay liquidated damages of $3 per individual recipient, as it can be difficult to ascertain the damage caused by spam campaigns.
THIRD PARTY LINKS AND ADVERTISERS.
As a convenience to all parties to this Agreement, third parties may offer content, goods, or services through hotlinks or advertisements on our Service or in private-branded areas they control. We do not endorse or have control over their offerings. Rather, we act as a distributor and advertising channel for third-party content, goods, and services. Please note that third-party providers may change, add, or discontinue their offerings without notice and may have additional terms for your use of their content or services. We recommend reading any additional terms posted by such providers.
WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD-PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
SYSTEM SECURITY.
Our platform ensures the safety and privacy of our users by providing secure web pages for collecting information. Sensitive information is stored in encrypted form and we employ effective technical and management practices to maintain the confidentiality, security, and integrity of all data stored on our system. While no computer system is entirely impervious to security breaches, we are confident that our Service's implemented measures minimize the risk of security issues to a level that is appropriate for the type of data in question.
WARRANTIES & LIABILITIES.
Warranty Disclaimer. Please note that the Service and the Professional Engineers cannot be held responsible for any unauthorized use of drawings that have not been signed and sealed. It is strongly advised that only drawings that have been signed and sealed be used for construction or equipment purchase. Please be aware that all drawings provided by the Service are subject to change before they are signed and sealed. While the Service strives for accuracy, there may be inaccuracies, errors, or omissions in the information, content, and other services provided. Any warranties, including design quality, integration, accuracy, workmanlike effort, fitness for a particular purpose, and title, fall under the responsibility of the Professional Engineer who has signed and sealed the drawings. Please note that the Service is not responsible for any harassing, defamatory, illegal, or improper conduct or content of third parties, nor for any infringement of intellectual property rights by third parties.
Limitation of Liability. Please note that the Service is not responsible for any direct damages beyond the amount paid for the specific project in question. Additionally, the Service is not liable for any indirect, punitive, special, exemplary, incidental, or consequential damages, such as lost profit or corrupted data, even if informed beforehand of the possibility of such damages. This limitation is a significant part of this Agreement, and it has been included in the Agreement as a whole. Please be aware that some states or jurisdictions may not allow the exclusion or limitation of liability for incidental or consequential damages.
RFI and Submittal Recommendations Liability. The service and the professional engineers cannot be held responsible for any issues arising from the use of products that do not meet the performance specifications outlined in the engineering drawings.
Indemnification. By using the Service, you agree to protect, compensate, and exonerate the Service, along with its officers, directors, owners, agents, independent contractors, advisers, and consultants, from any third-party claims, actions, demands, and liability, including legal and professional fees, that may arise from your use of the Service, your actions, content, communications, alleged violation of third-party intellectual property or privacy rights, or breach of this Agreement.
Limitation of Remedies. In the event of any breach of this Agreement by the Service, your only option will be to terminate your relationship with the Service. This applies even if the remedy fails to achieve its intended purpose.
Protected Parties. This agreement contains warranty disclaimers, liability limits, indemnities, and a reservation of rights to safeguard the Service, its officers, directors, owners, agents, consultants, advisers, independent contractors, affiliates, advertisers, distributors, resellers, suppliers, publishers, and promoters.
FORCE MAJEURE.
Please note that the Service cannot be held responsible for any delay or failure in performance, whether in part or in whole, due to various reasons including but not limited to fires, floods, storms, earthquakes, civil unrest, disruption of telecommunications, transportation, utilities, services or supplies, governmental actions, computer viruses, data corruption, hacker attacks, incompatible or defective equipment, software or services, or any other unforeseen circumstance. Please be aware that this provision does not alter any warranty or disclaimer outlined in this Agreement.
INJUNCTIVE RELIEF.
In the event that you breach the terms of this Agreement or infringe upon our proprietary rights, it is agreed that we would suffer irreparable harm. As a result, we may seek a court order to prevent any further misconduct, without the need for bond and in addition to any other remedies available.
GOVERNING LAW.
This agreement will be governed by and interpreted in accordance with the laws of Florida (USA), without taking into account conflicts of law principles. You agree to initiate and maintain any legal action in the designated state/locale and irrevocably consent to exclusive personal jurisdiction and venue therein. It is your responsibility to comply with your own local laws, which may differ with respect to certain activities or persons (e.g., minors). You agree that U.S. District Courts are authorized to hear cases involving copyright issues between us. As we make no warranties and limit our liabilities, you should have little reason to have a complaint with us. However, should you decide to take legal action against us, you irrevocably agree that it must be initiated and maintained within one (1) year after the claim arises or be barred. As a disincentive for frivolous litigation, you agree that if you sue us and do not prevail on the merits, you will be responsible for our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this agreement or our rights, you agree that it is reasonable to send you legal notices and papers by electronic mail at your stated address (we may also attempt to send you a backup copy by regular mail).
TECHNOLOGY & DATA TRANSFER.
Technology Transfer. To comply with regulations set by the U.S. and certain foreign governments, the transportation of technology, technical data, and information across national boundaries is restricted. It is important to note that obtaining an export license or governmental approval is necessary before directly or indirectly exporting or re-exporting any information, software, or technology acquired through the Service. This provision will remain in effect even after the termination of our Agreement.
European Union Residents. If you live in the European Union (EU) or if the exchange of information between you and our Service is regulated by the European Union Data Protection Directive or national laws that implement that Directive, you agree to the transfer of such information to your country and other countries as required by the functions and activities provided by the Service.
U.S. GOVERNMENT RESTRICTED RIGHTS.
To the extent used by U.S. government personnel: this is a computer data base that constitutes restricted computer software and is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in the Commercial Computer Software clause at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable. The Service is MEP Value Engineering Inc.
RELATIONSHIP OF PARTIES.
There are no third-party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Service is not a party to any transaction between you and any third-party advertisers or suppliers. You will look solely to the third-party for all claims regarding their goods, services or information.
RIGHT TO RELY ON INSTRUCTIONS.
The Service may act in reliance upon any instruction, information, document, filing, name, email address, or user password that meets the Service's automated criteria or which is believed by the Service's personnel to be genuine. For any password-protected areas, the Service may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Service may assume the latest email addresses and registration information on file with the Service are accurate and current. When programmed to do so, the Service may take prescribed actions in the absence of receiving proper and complete contrary instructions.
CHANGES TO SERVICE.
We reserve the right to modify, change or discontinue the Service or any feature at any time without notice. You agree that the Service is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Service can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.
TERMINATION.
Either party may terminate this Agreement in their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate the operation of this Service, or any feature of this Service, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.
CHARGES FOR SERVICE.
We remain entitled to payment for the portion of services rendered. We reserve the right to modify, change, or discontinue the Service or any feature at any time without notice. You agree that the Service is not liable to you or to any third party as a result of any such action. At no time during the duration of the project may the total fees outstanding equal or exceed 20% of the total base fee for the project. In the event that the total outstanding equals or exceeds 20% of the base contract fee, the project will be placed on hold, and no additional work will be performed by the Engineer or Consultant(s) until the outstanding balance has been paid to the Engineer. Once your payment is 30 days late, we may proceed to collections at our discretion. Interest will be accrued at 10% or the maximum allowed by local jurisdictions. Collection costs will be added to the full amount charged by the attorney and the collection agency. The sum of these amounts will be the amount pursued in court by the attorney.
NOTICE TO CALIFORNIA RESIDENTS.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.
Pricing Information: The Architect will receive a personalized proposal outlining the rates for using the Service for each project. The payment rates for our PE's are determined by the number of sheets involved in the project and may include an additional premium for more complex projects. It's important to note that the Service retains the right to modify fees, surcharges, or introduce new fees as outlined in the Agreement.
Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.
MISCELLANEOUS.
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Service. Your continued use of this Service after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of conduct or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
The first version of this Agreement was published on June 21st, 2023
This Agreement was last updated on July 20th, 2024
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