1. Agreement to these Terms
These Terms and Conditions ("Terms") govern your access to and use of the website operated by Vantage CAD Services ("Vantage CAD Services", "we", "us", "our"), and your engagement of the drafting, modelling, visualisation, estimation and related professional services we offer (collectively, the "Services").
By accessing the website, submitting an enquiry or quote request, or instructing us to perform work, you ("you", "the Client") accept these Terms. If you do not accept them, do not use the website or engage the Services.
If you are entering into these Terms on behalf of a company, partnership or other entity, you represent that you have authority to bind that entity.
2. Nature of our Services
Vantage CAD Services provides production support to architecture, engineering and construction firms, including BIM modelling and coordination, CAD drafting, shop and fabrication drawings, 3D rendering and visualisation, quantity takeoffs and estimation support, and conversion of legacy or scanned documentation into CAD and BIM formats.
We are a drafting and production services provider, not a licensed design professional of record. We do not provide architectural, engineering, surveying or land-planning services requiring professional licensure, and we do not stamp, seal, certify or take professional responsibility for any deliverable. All deliverables are prepared under the direction of, and remain subject to review and approval by, the Client's licensed professional of record, who retains sole responsibility for design intent, code compliance, constructability and life-safety determinations.
Quantity takeoffs and estimation deliverables are prepared from the documents supplied to us and are informational support for the Client's own pricing decisions. They are not bids, tenders, guarantees of cost, or warranties of completeness of scope.
3. Website content
Website content — including service descriptions, portfolio images, sample deliverables, articles and guidance — is provided for general information. It does not constitute professional, legal or financial advice, and does not form an offer capable of acceptance. Nothing on the website creates a client relationship; that relationship begins only when a written proposal, statement of work or purchase order is accepted in writing by both parties.
We may amend, suspend or withdraw website content at any time without notice.
4. Engagement, proposals and orders
- Enquiry. You submit project information through the website form, by email, or through an agreed file-transfer method.
- Proposal. We issue a written proposal or quotation setting out scope, deliverables, software and version, level of development (LOD) or drawing standard, format, milestones, price and schedule.
- Acceptance. Work commences upon your written acceptance of the proposal (including acceptance by email) and, where applicable, receipt of any advance payment.
Each accepted proposal, together with these Terms, forms the contract for that engagement. Where the proposal and these Terms conflict, the proposal prevails for that engagement only.
Quotations are valid for thirty (30) days unless stated otherwise and are based on the information available at the time of quoting. Material differences between the information provided and the actual project scope entitle us to revise price and schedule.
5. Sample deliverables and trials
Where we produce a free or discounted sample deliverable from a sheet, sketch or point cloud extract you supply, the sample is provided for evaluation of our production quality only. Samples are supplied "as is", are not intended for construction, permitting, fabrication or tender, and carry no warranty. Intellectual property in a sample transfers to you only if the sample is subsequently incorporated into a paid engagement and paid for in full.
6. Client obligations
You agree to:
- provide complete, legible and current source material — drawings, models, surveys, point clouds, specifications, standards and templates — in the formats agreed;
- confirm the applicable drawing standards, title blocks, layer conventions, units and software versions before production begins;
- nominate a single point of contact authorised to give instructions and approve deliverables;
- respond to requests for information (RFIs) and submitted deliverables within the review periods stated in the proposal;
- ensure you hold all rights and licences necessary for us to work with the material you supply; and
- perform your own review and verification of every deliverable before it is issued for construction, permit, fabrication, tender or any other use.
Delays, defects or additional costs arising from incomplete, inaccurate or late material, or from delayed reviews and approvals, are not our responsibility and may result in revised schedules and additional charges.
7. Deliverables, review and revisions
Deliverables are issued in the file formats and software versions specified in the proposal. Unless expressly agreed, we do not guarantee compatibility with software versions other than those specified.
Each engagement includes the number of revision rounds stated in the proposal. A revision round means corrections and adjustments within the agreed scope, raised as a consolidated set of comments within the review period.
Work is deemed accepted on the earlier of (a) your written approval, or (b) ten (10) business days after delivery without written comment, or (c) your use of the deliverable for construction, permitting, fabrication, tender or issue to a third party.
Changes to scope, standards, level of development, layout, quantities or software after acceptance — and any further revision rounds — are chargeable as additional work and require written agreement before we proceed.
8. Fees, invoicing and payment
Fees are as stated in the accepted proposal and are quoted in United States dollars unless otherwise stated. Unless the proposal says otherwise:
- engagements may require an advance payment before production begins;
- milestone and monthly engagements are invoiced as set out in the proposal;
- invoices are payable within fifteen (15) days of the invoice date;
- fees are exclusive of applicable taxes, duties, withholding and bank or transfer charges, all of which are your responsibility; and
- payment must be made without set-off or deduction.
Overdue amounts accrue interest at 1.5% per month, or the maximum rate permitted by applicable law, whichever is lower. We may suspend work and withhold deliverables on any engagement while amounts are overdue, and may recover reasonable costs of collection.
9. Intellectual property
Your material. You retain all rights in the drawings, models, data, specifications and other material you supply. You grant us a non-exclusive licence to use, copy, modify and process that material solely to perform the Services.
Deliverables. Upon receipt of payment in full for the relevant engagement, we assign to you all right, title and interest in the final deliverables produced specifically for you under that engagement, and you may use, modify and distribute them for your project purposes without further obligation to us.
Our tools. We retain ownership of our pre-existing and independently developed materials — families, templates, blocks, scripts, standards libraries, workflows, methodologies and know-how — including where these are embedded in a deliverable. To the extent such materials are embedded, we grant you a perpetual, non-exclusive, royalty-free licence to use them as part of the deliverable, but not to extract, resell or distribute them as standalone assets.
Portfolio use. We may reference the general nature of work performed and display anonymised or non-identifying imagery in our portfolio and marketing. We will not identify you, your client, the project name or its location, and will not display confidential content, without your prior written consent. You may withdraw consent, or opt out of portfolio use entirely, by written notice at any time.
Website content. All content on this website is owned by or licensed to Vantage CAD Services and is protected by intellectual property laws. You may view and print pages for your own internal reference. You may not reproduce, republish, scrape, mine, resell or use website content — including for training machine learning models — without our prior written consent.
10. Confidentiality
Each party will keep the other's confidential information in confidence, use it only for the purposes of the engagement, disclose it only to personnel and subcontractors who need it and are bound by equivalent obligations, and protect it with no less care than it applies to its own confidential information.
These obligations do not apply to information that is or becomes public without breach, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law or court order (with notice to the other party where lawfully permitted).
Confidentiality obligations survive for five (5) years after the end of the engagement, and indefinitely for material that constitutes a trade secret. We are willing to execute the Client's own non-disclosure agreement where reasonable.
11. Warranties and disclaimers
We warrant that the Services will be performed with reasonable skill and care, by suitably experienced personnel, and materially in accordance with the accepted proposal.
Your exclusive remedy for a breach of this warranty is that we will, at our option, correct or re-perform the affected deliverable at no charge, provided you notify us in writing within thirty (30) days of delivery.
To the fullest extent permitted by law, and except as expressly stated above, the website, sample deliverables and Services are provided without warranty of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted or error-free operation. We do not warrant that deliverables will comply with any building code, regulation, standard or permitting requirement — verification of compliance rests with the Client's professional of record.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
12. Limitation of liability
To the fullest extent permitted by law:
- Neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profit, revenue, business, contracts, anticipated savings, goodwill, or data, however arising, even if advised of the possibility.
- Our total aggregate liability arising out of or in connection with an engagement, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid by you to us for that engagement in the twelve (12) months preceding the event giving rise to the claim.
- We have no liability for loss or damage arising from construction, fabrication, procurement or permitting decisions made on the basis of a deliverable that has not been independently reviewed and approved by your licensed professional of record.
- Claims must be brought within one (1) year of the date the cause of action accrued.
13. Indemnity
You will indemnify and hold harmless Vantage CAD Services, its officers, employees and subcontractors, against claims, losses, liabilities and reasonable costs arising from (a) material you supplied that infringes a third party's rights or that you had no right to supply; (b) your use of a deliverable in breach of these Terms or beyond the agreed scope; or (c) construction, fabrication or permitting decisions based on a deliverable not reviewed and approved by your professional of record.
14. Subcontractors and personnel
We may use qualified subcontractors and remote production personnel to perform parts of the Services. We remain responsible for their work and ensure they are bound by confidentiality obligations no less protective than those in these Terms.
Neither party will, during an engagement and for twelve (12) months afterwards, directly solicit for employment any individual of the other party who was materially involved in that engagement, without prior written consent. General advertising not targeted at such individuals is not a breach.
15. Suspension, cancellation and termination
Either party may terminate an engagement on fourteen (14) days' written notice. Either party may terminate immediately if the other commits a material breach that is not remedied within ten (10) business days of written notice, or becomes insolvent.
On termination, you will pay for all work performed and all committed costs incurred up to the effective date of termination. On payment, we will deliver the work in progress in its then-current state, "as is". Work in progress delivered on termination is not a completed deliverable and carries no warranty.
Where you cancel or place an engagement on hold after production has begun, the advance payment is applied against work performed and is otherwise non-refundable.
16. Data protection
Our handling of personal information is described in our Privacy Policy, which forms part of these Terms. Where we process personal data on your behalf in the course of an engagement, we do so as a processor on your documented instructions, and we will enter into a data processing agreement on request.
17. Acceptable use of the website
You must not use the website to transmit malware; attempt unauthorised access to any system or account; scrape, harvest or mine content by automated means; submit false, unlawful, infringing or defamatory material; interfere with the operation or security of the website; or use it in breach of any applicable law.
Where the website invites you to submit a review or testimonial, you must have genuinely engaged our Services and your submission must be your own honest opinion. We may decline to publish, or may remove, any submission — but we do not edit reviews to alter their meaning, and we do not publish reviews from parties who have not worked with us.
18. Third-party links and services
The website may link to third-party sites and may rely on third-party providers for hosting, forms, analytics and file transfer. We do not control third-party sites and are not responsible for their content, security or practices. Access to them is at your own risk and subject to their terms.
19. Force majeure
Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disaster, war, civil unrest, epidemic, government action, strike, failure of utilities, telecommunications or internet infrastructure, or cyberattack. The affected party will notify the other promptly and use reasonable efforts to mitigate.
20. General
Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.
Assignment. You may not assign or transfer an engagement without our prior written consent, not to be unreasonably withheld. We may assign to an affiliate or in connection with a merger or sale of substantially all assets.
Entire agreement. These Terms, together with the accepted proposal and the Privacy Policy, constitute the entire agreement between the parties on their subject matter and supersede all prior discussions and representations.
Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, or severed, and the remaining provisions continue in full force.
No waiver. A failure or delay in enforcing a right is not a waiver of it.
Notices. Notices must be in writing and sent to info@vantagecadservices.com or to the registered address above, and to the Client at the address or email stated in the proposal.
Changes to these Terms. We may update these Terms from time to time. The version in force at the date an engagement is accepted governs that engagement. Continued use of the website after an update constitutes acceptance of the revised Terms for website use.
21. Governing law and disputes
These Terms and any dispute arising out of or in connection with them are governed by the laws of the State of Texas, United States, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
The parties will first attempt in good faith to resolve any dispute through negotiation between senior representatives within thirty (30) days of written notice of the dispute.
Failing resolution, the parties submit to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and waive any objection to venue in those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect confidential information or intellectual property.
Nothing in this clause deprives a consumer of the protection of mandatory provisions of the law of their country of residence.
22. Contact
Questions about these Terms:
Vantage CAD Services
5900 Balcones Drive, Suite 100
Austin, Texas 78731, United States
info@vantagecadservices.com
+1 (512) 543-0831