Terms of Service

1. Acceptance of These Terms

By visiting our website, submitting a contact form, requesting a proposal, or engaging BDV HOLDINGS, LLC to perform services, you agree to be bound by these Terms of Service and by our Privacy Policy. If you do not agree with any part of these terms, your sole remedy is to discontinue use of our website and services.

These terms apply to all visitors, clients, vendors and others who access or use our website or services. Where a signed agreement, statement of work or proposal governs a specific engagement, that document controls for that engagement to the extent of any conflict with these general terms.

2. Eligibility and Authority

Our website and services are intended for use by businesses and by adults who are at least the age of majority in their jurisdiction and who have the legal capacity to enter into binding agreements. By using our website or services you represent that you meet these requirements.

If you are using our website or services on behalf of an organization, you represent that you have the authority to bind that organization to these terms. You are responsible for ensuring that everyone who accesses our services through your organization complies with these terms.

3. Our Services

BDV HOLDINGS, LLC provides computer systems design and integration services for rural operations. Our services include network and camera integration for ranch sites, equipment tracking and maintenance scheduling, data lines and site connectivity, seasonal property upkeep coordination, vendor and service procurement, and compliance recordkeeping and reporting.

Network and camera integration involves surveying a property, designing a resilient camera and network layout, and installing, testing and documenting the result. Equipment tracking and maintenance scheduling gives machines a recorded identity and turns service intervals into visible tasks. Data lines and site connectivity covers the assessment and installation of the links that carry information across difficult country, whether by buried fiber, point to point wireless or bonded connections.

Seasonal property upkeep coordination builds a maintenance calendar tied to the climate and use of the land. Vendor and service procurement identifies qualified specialists, checks their credentials and coordinates their work against a written scope. Compliance recordkeeping and reporting designs capture routines and reporting so that a client can prove what happened and when.

The descriptions of our services on this website are provided for general information. The specific scope, deliverables, schedule and price of any engagement are defined in a written proposal, statement of work or agreement that we prepare for you and that you accept in writing. We may modify, expand or discontinue any service at our discretion.

4. Proposals and Agreements

A proposal that we issue remains valid for the period stated in the proposal. Acceptance of a proposal creates an agreement for the work described in it. Any work that falls outside the accepted scope requires a separate written change order that identifies the additional work, the revised price and any change to the schedule.

We reserve the right to decline any project for any lawful reason. Where we have begun preliminary work such as a site read, we may charge for that work as described in the applicable proposal even if the larger engagement does not proceed. Verbal estimates are provided for guidance only and do not create a binding commitment.

5. Client Obligations

To deliver our services effectively, we depend on your cooperation. You agree to provide accurate and complete information about your property, your equipment and your systems, to grant reasonable access to the relevant sites, and to designate a person who is authorized to make decisions and approve work on your behalf.

You agree to ensure that you have the right to authorize any work on the property and to obtain any permission that may be required from owners, tenants or other interested parties. You also agree to maintain the systems we deliver in reasonable conditions where we provide operating guidance, and to notify us promptly of any fault that may be covered by a support arrangement.

6. Fees and Payment

Fees for our services are set out in the applicable proposal and may include time and materials, fixed price work, or recurring support charges. Unless the proposal states otherwise, invoices are due within the period stated on the invoice, and work may be suspended where an account remains unpaid.

Prices are exclusive of applicable taxes, permits, third party equipment and shipping unless expressly stated. Third party equipment and vendor charges are passed through to you together with any markup disclosed in the proposal. Late amounts may accrue interest at the maximum rate permitted by law, and you agree to reimburse reasonable costs of collection.

Where a project is billed on a time and materials basis, we keep accurate records of the time and materials applied to the work and we make those records available to you on request. Where a project is subject to a fixed price, the price covers the scope described in the proposal and any work beyond that scope is handled through a written change order. Deposits, where required, are applied against the final invoice for the engagement.

7. Scheduling and Access

Project schedules depend on weather, ground conditions, equipment availability and third party timelines. We prepare schedules in good faith and make every effort to meet them, but dates are estimates unless the proposal states that a date is guaranteed. We will notify you promptly of any material delay and its likely effect.

You agree to provide safe and timely access to the work site, including any necessary keys, codes, escorts or permissions. Where access is not available as scheduled, we may charge for lost time and any additional mobilisation required. We may pause work where conditions present a safety risk to people, property or equipment.

8. Third Party Goods and Vendors

Many projects involve hardware and services supplied by third parties. We select and coordinate those goods and vendors with care, but we are not the manufacturer of the equipment and we do not control the independent conduct of third parties. Manufacturer warranties, where they exist, are provided by the manufacturer and pass through to you as permitted.

Where we procure a vendor on your behalf, we do so as your coordinating agent for the purposes described in the proposal. You remain responsible for the vendor charges we pass through to you and for any obligations stated in the vendor agreement. If a vendor fails to perform, our responsibility is limited to reasonable assistance in pursuing the matter.

9. Acceptable Use of the Website

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the site. You must not attempt to gain unauthorized access to any part of the website, to any server, or to any system connected to it.

You must not introduce malicious code, engage in automated scraping that burdens our infrastructure, misrepresent your identity, or use the website to transmit unlawful, harmful or misleading content. We reserve the right to restrict or terminate access to any user who violates these requirements or who we reasonably believe presents a risk to our systems or to others.

10. Intellectual Property

All content on our website, including text, layout, graphics, illustrations and code, is owned by BDV HOLDINGS, LLC or used with permission and is protected by intellectual property laws. You may view the website and print a reasonable number of pages for your own reference, but you may not reproduce, distribute or create derivative works from our content without our prior written consent.

Designs, drawings, configurations and documentation that we prepare for a client engagement remain our intellectual property unless the applicable proposal expressly assigns ownership to the client. Where we grant the client a licence to use deliverables, that licence is limited to the purposes stated in the proposal and does not include the right to resell or sublicense our work to third parties.

11. Confidentiality

Each party may receive confidential information from the other in the course of an engagement. Confidential information includes non public business, technical, financial and operational details that are disclosed in connection with the work and that a reasonable person would understand to be confidential.

The receiving party agrees to use confidential information only for the purposes of the engagement and to protect it with reasonable care. These obligations do not apply to information that is or becomes public through no fault of the receiving party, that was already known without a duty of confidence, or that is required to be disclosed by law. On completion of the engagement, each party will return or destroy confidential information as directed.

We treat site details, equipment inventories, network layouts and compliance records as confidential by default. We restrict access to that information to the personnel and vendors who need it to perform the work, and we require our vendors to observe equivalent confidentiality obligations. Where a client requires a separate confidentiality agreement, we are glad to discuss one before work begins.

12. Warranties and Disclaimers

We warrant that our services will be performed in a professional and workmanlike manner consistent with the standards of our trade. We will correct work that does not meet this standard, provided that you notify us within a reasonable period after the work is completed. This warranty does not cover damage caused by misuse, neglect, unauthorized alteration, or events outside our control.

Except for the express warranty above, our website and services are provided on an as is and as available basis, and we disclaim all other warranties to the fullest extent permitted by law, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non infringement. We do not warrant that the website will be uninterrupted, secure or free of errors.

13. Limitation of Liability

To the fullest extent permitted by law, BDV HOLDINGS, LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, arising out of or relating to these terms, our website or our services, even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to an engagement will not exceed the total amount of fees actually paid by you to us for the services giving rise to the claim during the twelve months preceding the event that gave rise to the liability. These limitations apply regardless of the theory of liability and they survive termination of the agreement.

14. Indemnification

You agree to indemnify, defend and hold harmless BDV HOLDINGS, LLC and its personnel from and against any claims, liabilities, damages, losses and expenses, including reasonable legal fees, arising out of or connected with your use of our website or services, your breach of these terms, or your violation of any law or the rights of a third party.

We agree to indemnify, defend and hold harmless you from and against third party claims to the extent they arise from our gross negligence or wilful misconduct in the performance of our services. The indemnified party will provide prompt notice of any claim and reasonable cooperation in the defence, and the indemnifying party will have the right to control the defence where appropriate.

15. Term and Termination

These terms remain in effect while you use our website or services. Either party may terminate an engagement in accordance with the applicable proposal. Where no termination period is stated, either party may terminate for convenience on reasonable written notice.

We may suspend or terminate your access to our website or services immediately if you breach these terms, if you fail to pay amounts when due, or if we reasonably believe that continued work presents a legal, safety or ethical concern. On termination you remain responsible for fees for work performed and for third party charges incurred before the effective date of termination.

16. Force Majeure

Neither party will be liable for a failure or delay in performance caused by events beyond its reasonable control. Such events include severe weather, natural disasters, fire, flood, power failures, network outages, labour disputes, supplier failures, governmental actions, epidemics and other circumstances that could not have been reasonably foreseen or avoided.

The affected party will notify the other promptly and will use reasonable efforts to resume performance. If a force majeure event continues for an extended period, either party may terminate the affected portion of the engagement without liability for the unperformed work, while remaining responsible for amounts already due.

17. Governing Law and Disputes

These terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah for the resolution of any dispute that cannot be resolved informally.

Before commencing formal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct discussion and, where appropriate, mediation. Nothing in this section prevents either party from seeking injunctive or other equitable relief where necessary to protect its rights. The prevailing party in any action may recover reasonable legal costs.

18. Changes to These Terms

We may revise these Terms of Service from time to time. When we make material changes, we will update the effective date and, where appropriate, provide notice on our website or by other reasonable means. Your continued use of our website or services after a change takes effect constitutes acceptance of the revised terms.

If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary and the remaining provisions will continue in full force. Our failure to enforce any provision does not waive our right to enforce it later. These terms, together with our Privacy Policy and any accepted proposal, form the entire agreement between the parties.

19. Contact Information

Questions about these Terms of Service should be directed to our office using the details below. We welcome the opportunity to clarify any provision before you accept it.

These Terms of Service should be read together with our Privacy Policy, which describes how we handle information. We are glad to answer any question you may have about the terms that govern our work, and we thank you for choosing BDV HOLDINGS, LLC.