These Terms and Conditions (“Terms”) govern all estimates, proposals, and related services (“Services”) provided by North Main Systems, LLC. (“Provider”) to the customer identified in the accompanying estimate or proposal (“Customer”). By accepting an estimate, proposal, or engaging Provider’s Services, Customer agrees to be bound by these Terms. These Terms shall be governed by and construed under the laws of the State of Indiana without regard to its conflict of law rules.
- Estimates and Requoting Fees. All initial estimates and proposals issued by Provider are budgetary in nature and provided at no charge. The first revision to any estimate is also provided at no charge. Any additional revisions requested by Customer beyond the first revision shall incur a requoting fee of $150 per revision. Estimates are subject to change if scope, requirements, or assumptions change after issuance.
- Payment Processing. If Customer elects to use a third-party payment processing service or platform to remit payment to Provider, Customer shall be responsible for all fees, charges, or costs assessed by such third party. In addition, Provider shall pass on to Customer any internal administrative costs incurred by Provider to establish or maintain an account on such third-party platform, including but not limited to time spent configuring systems or completing vendor registration.
- Warranty of Labor. Provider warrants its labor and workmanship for a period of ninety (90) days following completion of Services. This warranty applies only to labor performed by Provider and does not extend to parts, materials, or equipment, which are provided without warranty unless otherwise expressly stated in writing. Provider shall not be responsible for any extended service or warranty obligations beyond this ninety (90) day period.
- Changes After Acceptance of Quote. Once a quote has been accepted by Customer, changes to the scope of work requested before the start of the project will be billed at the quoted rate. Changes requested after the project has begun will be billed at Provider’s then-current rates, with physical layer work at $150 per hour and network or virtual layer work at $200 per hour. “Changes” means significant modifications such as relocating cabling or equipment, adding equipment or cables, or changing equipment brands or models. Minor adjustments—such as adding logins, making slight location changes, or adjusting camera or access point angles—are not considered “changes” under this section and will be billed separately at a mutually agreed rate if applicable.
- No Warranty on Equipment. Provider makes no warranty, express or implied, with respect to any equipment, hardware, or materials provided or installed as part of the Services, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Any warranties on equipment are solely those offered by the manufacturer or supplier.
- Additional Costs. Customer shall be responsible for any additional costs, charges, or expenses incurred by Provider in connection with the Services that were not disclosed to Provider prior to the commencement of work. This includes, without limitation, costs associated with non-standard or specialized equipment, additional or non-standard personal protective equipment (PPE), increased insurance requirements, additional administrative processes for submitting invoices or receiving payments, or any other project-specific costs imposed by Customer or third parties after the estimate is issued.
- Safety Training. Any project-specific or client-mandated safety training required for Provider’s personnel that falls outside the scope of normal safety orientation shall be billed separately at a rate of $150 per attendee. Provider reserves the right to invoice for such training time in addition to other Service charges.
- Hours of Service. All pricing and estimates assume Services will be performed during Provider’s normal business hours. Services performed outside of normal business hours, including evenings, weekends, or holidays, shall be billed at one and one-half (1.5x) the standard hourly rate unless otherwise agreed in writing.
- Travel and Expenses. Travel time and expenses are included in the cost of the estimate unless expressly listed as a separate line item in the quote. Any additional travel expenses or costs not included in the estimate shall be billed to Customer at cost.
- Limitation of Liability. In no event shall Provider be liable for any indirect, incidental, consequential, or special damages arising out of or related to the Services or these Terms, including without limitation lost profits or business interruption, regardless of the form of action or theory of recovery. Provider’s total liability for any claim arising out of or related to the Services shall not exceed the amount paid by Customer for specific Services giving rise to the claim.
- Customer shall indemnify, defend, and hold harmless Provider and its employees, agents, and subcontractors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of Customer’s acts, omissions, or breach of these Terms.
- Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict-of-laws principles. Any disputes arising under or in connection with these Terms shall be brought exclusively in the state or federal courts located in Evansville, Indiana, and the parties hereby consent to the jurisdiction of such courts.
- Entire Agreement. These Terms, together with the accompanying estimate or proposal, constitute the entire agreement between Provider and Customer regarding the Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. No modification or waiver of these Terms shall be effective unless in writing and signed by both parties.
- If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Customer acknowledges and agrees that acceptance of the accompanying estimate or proposal constitutes acceptance of and agreement to all terms and conditions set forth herein.
- Payments Due Net 30 unless otherwise specified.
