Terms and Conditions

  1. Agreement These Terms and Conditions apply to services provided     by Virtual Imaging Tours, LLC ("VIT"), as outlined in the     Proposal. The Proposal and these Terms together form the     "Agreement." The entity signing the Proposal is the "CLIENT."     By contracting ("VIT"), you agree to the full terms and     conditions.
  2. Scope of Services VIT provides only the services specified in     the Proposal. Additional services must be requested in writing and will be     billed separately based on VIT’s current rates.
  3. Professional Licensing VIT does not offer construction,     architectural, land surveying, or engineering services requiring     professional licenses. CLIENT is responsible for hiring licensed     professionals separately. VIT is not liable for their work.
  4. Standard of Care VIT 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:
  6. Provide all necessary project information before services     begin.
  7. Disclose any hazardous conditions or safety risks.
  8. Supply previous studies, plans, or relevant data.
  9. Review and approve VIT’s work in a timely manner.
  10. Obtain any required permits and approvals.
  11. Notify VIT of any project changes that affect services.
  12. Invoicing and Payments
  13. VIT invoices upon services rendered, with final payment due     upon service completion and delivery.
  14. CLIENT must notify VIT within two weeks of any billing     disputes.
  15. Payments are due upon receipt; late payments accrue a 12% annual     interest fee.
  16. Some larger projects may require a deposit at scheduling.     Cancellations within 48 hours of the scheduled service result in a     non-refundable fee of 50% or $450, whichever is greater.
  17. If a technician arrives and the service is canceled or access     is denied, an on-site cancellation fee of $250 will be due.
  18. Right of Entry The CLIENT shall ensure safe access to the site     for VIT to perform its services, including executing any necessary site     access or license agreements. VIT will not be required to sign any site     access or license agreements. While VIT 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 VIT's negligence or willful misconduct, VIT     will not be responsible for correcting such damage.
  19. Job Site Safety and Control of Work Unless expressly agreed to     in writing under a separate contract, VIT is not responsible for the     safety program of the Project or for the safety of any entity or     individual other than VIT and its contractors. The presence of VIT     contractors or subcontractors at the site does not imply responsibility     for the safety of other personnel or activities at the site. The CLIENT agrees     that VIT has no authority, obligation, or control over other contractors,     subcontractors, or construction managers and their personnel. VIT will     take reasonable precautions to safeguard its employees and those legally     under its responsibility.
  20. Existing Conditions and Subsurface Risks Identifying subsurface     conditions involves inherent risks. Even the most comprehensive sampling     and testing programs may not detect all conditions. The CLIENT     acknowledges that actual site conditions may differ from those interpreted     by VIT based on available data. VIT shall not be responsible for     interpretations made by others based on the information it provides. VIT     will take reasonable precautions to avoid damage to subterranean     structures or utilities. However, the CLIENT agrees to indemnify and hold     VIT harmless for any damage or resulting impacts if such structures or     utilities were not disclosed or were inaccurately represented on provided     plans.
  21. Indemnification To the extent permitted by law, VIT agrees to     indemnify and hold the CLIENT and its affiliates harmless from claims,     liabilities, or losses caused by VIT’s negligence or willful misconduct.     VIT is not responsible for damages arising from CLIENT actions or those of     CLIENT’s contractors or agents. Similarly, except for damages caused by     VIT’s negligence or willful misconduct, the CLIENT agrees to indemnify VIT     against claims arising from unknown site conditions, errors in     CLIENT-provided data, or unauthorized use of VIT’s deliverables.
  22. Limitation of Liability VIT’s total liability to the CLIENT for     any claims, whether in contract, tort, or otherwise, shall not exceed the     total compensation received by VIT or $10,000, whichever is greater, after     applying available insurance proceeds. Liability waivers apply to damages     covered by property insurance.
  23. Waiver of Consequential Damages Both parties waive claims for     consequential or special damages, including lost profits, revenue, or     business opportunities, regardless of cause.
  24. Insurance VIT will maintain general and professional liability     insurance with a minimum limit of $1,000,000 and will provide certificates     of insurance to the CLIENT upon request.
  25. Force Majeure Neither party is liable for delays, failures, or     costs caused by events beyond their reasonable control, including natural     disasters, labor disputes, government actions, pandemics, or     CLIENT-related delays.
  26. Project Deliverables VIT retains all rights to its     deliverables, including reports, drawings, and data. CLIENT may not     distribute, modify, or reuse deliverables without prior written     authorization. VIT is not responsible for unauthorized modifications or     misuse. VIT will not sign documents certifying conditions it cannot     verify. Certifications are professional opinions and not guarantees.
  27. Conflicts of Interest VIT may provide services to other clients     with interests adverse to CLIENT’s, provided those services are unrelated     to CLIENT’s project. VIT will not disclose CLIENT’s confidential     information unless legally required.
  28. Termination and Suspension Either party may terminate this     agreement with seven (7) days’ written notice if the other party fails to     perform substantially. CLIENT’s non-payment constitutes grounds for     termination or suspension of services. VIT is entitled to compensation for     services rendered before termination.
  29. Successors and Assigns This agreement binds the parties and     their successors. Assignments require prior written consent, which will     not be unreasonably withheld.
  30. Dispute Resolution Disputes shall first be subject to     non-binding mediation. Legal proceedings must be brought within one (1)     year of substantial service completion. CLIENT waives claims not filed     within this period. If CLIENT’s negligence claim against VIT is     unsuccessful, CLIENT must reimburse VIT for its reasonable defense costs.
  31. Governing Law This agreement is governed by the laws of the     state where VIT’s issuing office is located, which is in the state of     Texas.
  32. Entire Agreement This agreement, including the proposal and fee     schedule, constitutes the entire understanding between the parties,     superseding conflicting terms in CLIENT’s documents. Modifications must be     in writing and signed by both parties.

Notes and Exclusions:

  1. Exterior scans may be delayed due to weather conditions.     Additional site visits due to delays beyond VIT’s control may incur extra     costs, subject to CLIENT approval.
  2. Laser scanning is non-destructive and limited to visible     information. CLIENT must expose concealed elements before scanning if data     collection is required.
  3. CLIENT is responsible for clearing obstructions before     scanning. Examples include:
  4. Removing items from floors if floor detail is needed.
  5. Removing insulation from piping if exact diameter measurement     is required.
  6. Clearing vegetation or stationary objects obstructing scan     views.
  7. VIT is not responsible for site housekeeping. Any obstructing     objects at the time of scanning will be captured in the data.