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 or Service Agreement. The Proposal/Service Agreement 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 or Service Agreement. 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 ensure that the site is prepared and ready for DCS to perform services safely and efficiently. This includes, but is not limited to:
- Project Information: Provide all necessary project information, plans, and documentation prior to services being rendered.
- Site Conditions: Disclose any known hazardous conditions, safety risks, or obstructions that could impede work. Ensure the site is safe, accessible, and free from hazards for DCS personnel and equipment.
- Access & Permissions: Supply safe, unobstructed access to all areas to be documented, including functioning locks, keys, or codes for lockboxes as required. DCS is not responsible for delays due to denied or restricted access.
- Lighting & Utilities: Ensure adequate lighting and, if applicable, power for interior data capture. If power is unavailable, CLIENT acknowledges that portable lighting may be required, which may incur additional time or fees.
- Permits & Approvals: Obtain all required permits, approvals, and consents necessary for DCS to perform services.
- Timely Review & Communication: Review and approve DCS’s work in a timely manner. Notify DCS promptly of any project changes, delays, or site conditions that could affect services.
- Site Readiness Fees: CLIENT acknowledges that if the site is not ready (unsafe, inaccessible, or insufficiently prepared), or if DCS must wait for access, lighting, or other conditions to be addressed, on-site wait time or additional trips may be billed at DCS’s standard rates.
6. Invoicing and Payments
- DCS invoices upon services rendered, with final payment due upon service completion and delivery, unless otherwise agreed in writing.
- CLIENT must notify DCS within two weeks of any billing disputes.
- Payments are due upon receipt; late payments accrue a 12% annual interest fee and may be subject to collection action.
- Larger projects may require a deposit at scheduling.
- Cancellations with 24 or less hours of the scheduled service that are not rescheduled will result in a non-refundable fee of 50% of the service value or $250, whichever is greater.
- If a technician arrives and service is canceled, access is denied, or CLIENT/tenant is a no-show, an on-site cancellation fee of 50% of the service will apply, plus any applicable wait time costs. On-site wait times are billed at $100 per hour.
- CLIENT is responsible for all costs of collection, including attorney’s fees and court costs, if payment is not received.
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 third-party site access 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 in writing under a separate contract, DCS is not responsible for the overall safety program of the Project or for the safety of any entity or individual other than DCS and its contractors. The presence of DCS personnel at the site does not imply responsibility for the safety of others.
9. Existing Conditions and Subsurface Risks
DCS shall not be responsible for unknown subsurface or concealed conditions not disclosed by CLIENT. CLIENT indemnifies DCS for claims relating to such conditions, except in cases of DCS negligence or willful misconduct.
10. Indemnification
To the extent permitted by law, DCS agrees to indemnify CLIENT for damages caused by its negligence or willful misconduct. CLIENT agrees to indemnify DCS from claims arising out of site conditions, errors in CLIENT-provided data, or unauthorized use of deliverables. Independent contractors engaged by DCS are required to maintain their own insurance and are not employees of DCS.
11. Limitation of Liability
DCS’s total liability to CLIENT shall not exceed the total compensation received by DCS or $10,000, whichever is greater, after applying available insurance proceeds.
12. Waiver of Consequential Damages
Both parties waive claims for consequential damages, including lost profits or business opportunities.
13. Insurance
DCS maintains general liability insurance of at least $1,000,000. Certificates of insurance are available upon request.
14. Force Majeure
Neither party is liable for delays caused by events beyond reasonable control, including natural disasters, labor disputes, pandemics, or CLIENT-related delays.
15. Project Deliverables
All deliverables remain the property of DCS unless otherwise agreed. CLIENT may not modify or redistribute deliverables without written consent.
16. Conflicts of Interest
DCS may provide services to other clients with unrelated interests. CLIENT’s confidential information will not be disclosed except as legally required.
17. Termination and Suspension
Either party may terminate with 7 days’ written notice for non-performance. CLIENT’s non-payment may result in suspension or termination.
18. Successors and Assigns
This agreement binds the parties and their successors. Assignments require written consent.
19. Dispute Resolution
Disputes shall be mediated first, with legal proceedings brought in Dallas County, Texas, within one year of substantial service completion.
20. Governing Law
This agreement is governed by the laws of the State of Texas.
21. Entire Agreement
This agreement, the Proposal, and any written service agreements constitute the full agreement and supersede all prior terms.
22. Additional Terms for Property Managers and Tenant-Occupied Properties
These provisions apply when CLIENT is a property manager, landlord, or otherwise contracts DCS for services in properties occupied by tenants:
1. Scheduling & Notification:
- CLIENT must notify tenants or occupants that DCS is a third-party vendor.
- DCS will normally coordinate and schedule directly with tenants.
- CLIENT must provide accurate tenant contact information to avoid delays.
2. Access & Cancellations:
- If access is denied by tenant or occupant, or if no one is present at the scheduled time, CLIENT will be charged applicable wait time or no-show trip fees.
- Rescheduling must be requested at least 24 hours in advance to avoid fees.
3. Tenant/Occupant Interaction:
- DCS’s role is limited to data capture, photography, and inspection reporting.
- DCS will not move personal property, clean, or alter the premises in any way.
- CLIENT agrees to hold DCS harmless from disputes with tenants regarding privacy, access, or property condition.
4. Privacy:
- Photos and scans may capture tenant belongings if visible; CLIENT is responsible for advising tenants of this in advance.
- DCS is not responsible for concealing, removing, or altering tenant property during service.
5. Property Condition:
- DCS documents conditions “as found” and does not provide certification of habitability or structural soundness.
- CLIENT remains responsible for interpretation and action based on inspections.
6. Security & Lockboxes:
- CLIENT must provide accurate lockbox codes or access instructions.
- DCS is not responsible for malfunctioning lockboxes, dead batteries, or delays caused by access failures.
By scheduling services with Data Capture Service, you agree to the terms and conditions as outlined.