Terms of Service

Terms of Service

Your privacy is and will always be important to us. Our Privacy Notice is designed to provide transparency into our data practices in a format that is easy to read and navigate. 

Commencement of any portion of proposed services constitutes your assent by to these Terms of Service.

Please read the sections below to understand how we collect, use, share and safeguard your information in order to offer you the most seamless customer service experience imaginable.

Payment Terms

Regular invoicing, progress payments and prompt payment are critical to COLUMBIA Technologies as a small business.  We will normally bill you after completion of the field activities, and finally after submission of the final assessment report.  If the project is expected to extend longer than 30 days, then we will provide progress invoices each month.  We expect to be paid promptly upon your receipt of payment from your client but in no event later than 60 days after our invoice was sent to you.  A Prompt Payment Discount of 3% is available for early payment of any invoice within 30 days of the invoice date.

Notwithstanding the foregoing, interest will begin to accrue on any unpaid balances at a rate of 1% every 10-days, beginning 90 days after the invoice was sent to you.  If COLUMBIA is required to institute legal action to enforce its rights to recover monies due and owing under this Proposal, COLUMBIA will be entitled to collect reasonable attorneys' fees and costs of suit, including post-judgment collection costs and fees. in addition to unpaid fees and interest

Intellectual Property

COLUMBIA retains all right, title and interest in all technology that embody trade secrets and were previously developed at COLUMBIA’s private expense, including all previously developed software and processes and associated intellectual property used by COLUMBIA to perform the services hereunder, and that this Agreement does not grant any express or implied licenses to any of the foregoing. SmartData Solutions® is the intellectual property of COLUMBIA and the use of data and information generated and processed by SmartData Solutions® does not grant any express or implied licenses to the user.

System Limitations

COLUMBIA will solely determine when the maximum capacity of the testing equipment has been reached.  Should refusal arise during the performance of a sounding, the COLUMBIA field representative will stop advancement and determine whether or not he/she feels that it is safe to continue without harming the tooling or equipment.   

Limits of Liability

COLUMBIA's liability on any claim of any kind for any loss or damage arising out of, resulting from, or in connection with its services or from the nonperformance or breach thereof by COLUMBIA shall in no case exceed the fees to be paid to COLUMBIA pursuant to the proposed scope of work.  In no event shall COLUMBIA be liable or responsible for any damage or any indirect. special, compensatory, consequential, punitive, or incidental damages of any nature whatsoever (including, without limitation, lost profits or revenues) incurred by you or any third party, whether or not COLUMBIA has been advised of the possibility of damages.  Furthermore.  COLUMBIA shall not be liable for penalties of any description relating to the Proposal or proposed work.

Independent Contractor

COLUMBIA shall be deemed an independent contractor for all proposed services.

Indemnification

Customers shall indemnify and hold harmless COLUMBIA and its employees against any and all liabilities, losses, damages, costs, and expenses in connection with any claim, action, or right of action because of any injury, death, or damage to property arising directly or indirectly from the acts, errors, or omission by the Customer or its employees or agents in the performance of any proposed services.