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Terms of Service

Terms Governing the Services of ACM construction llc

Last updated: August 26, 2026

Contents

  • 1. Introduction
  • 2. Acceptance of These Terms
  • 3. About Our Services
  • 4. Eligibility and Use of the Website
  • 5. Inquiries and No Obligation
  • 6. Proposals and Estimates
  • 7. Client Responsibilities
  • 8. Pricing, Fees and Payment
  • 9. Project Timelines and Delays
  • 10. Change Orders
  • 11. Subcontractors and Licensed Work
  • 12. Intellectual Property
  • 13. Confidential Information
  • 14. Warranties
  • 15. Disclaimers
  • 16. Limitation of Liability
  • 17. Indemnification
  • 18. Termination of Services
  • 19. Force Majeure
  • 20. Governing Law and Disputes
  • 21. Entire Agreement and Severability
  • 22. Waiver
  • 23. Contact Us

1. Introduction

These Terms of Service govern your use of the website operated by ACM construction llc at https://www.acmbuild.buzz and the services offered through it. The website is developed and operated by the developer ACMBuild. The company is located at 502 W Quartz Rd, Tooele - 84074-5413, United States (US).

By accessing this website or by contacting us through it, you agree to be bound by these terms and by our Privacy Policy. Please read both documents before you use the website. If you do not accept these terms, you should not use the website or request our services. We may revise these terms from time to time, and the version published on this page at the time of your use is the version that applies. Where these terms and a written contract for a specific project conflict, the written contract governs that project.

2. Acceptance of These Terms

Your access to and use of this website constitutes your agreement to these Terms of Service in their current form. When you submit a message through our contact form or by email, you also agree to the terms described in this document. For clients who proceed to a signed agreement, those written agreements will incorporate these terms to the extent that the agreement does not state otherwise.

We may require additional conditions for particular services, and those conditions will be stated in the relevant proposal or contract. If you do not agree with any part of these terms, please stop using the website immediately and do not provide us with any personal information. Your continued use of the website after any change to these terms is posted will mean that you accept the revised terms, unless the law of your jurisdiction requires a separate acknowledgement.

3. About Our Services

ACMBuild, on behalf of ACM construction llc, provides civil construction, computer systems design, and computer integrated systems design services. Our work spans site development, structural construction, network and server design, building automation, equipment telemetry, and facility management support.

The description of a service on this website is a general summary and is not a specification or a quotation. The exact scope of any project is defined in a written proposal or contract agreed by both parties. We reserve the right to change the way we describe services on the website at any time without notice. Nothing on this website is an offer to contract; it is an invitation for you to contact us and discuss a project. A binding agreement arises only when both parties sign a written contract or a signed proposal.

4. Eligibility and Use of the Website

The website is intended for use by businesses, organizations, and individuals acting in a professional capacity who are at least eighteen years old and capable of forming a binding contract. By using the website you confirm that you meet these requirements. You agree to use the website only for lawful purposes and in a way that does not damage, disable, or impair the website or interfere with other users.

You may not attempt to gain unauthorized access to any part of the website, its servers, or its systems. You may not use automated tools to scrape, mine, or harvest content or contact details from the website. We may suspend access to the website for any user who violates these rules, and we may report serious misuse to the relevant authorities.

5. Inquiries and No Obligation

Submitting an inquiry through our website does not create a contract, an agency relationship, or a partnership between you and ACM construction llc. An inquiry simply starts a conversation. We will respond to inquiries on a best effort basis, usually within one business day, but we do not guarantee a response to every message.

We have no obligation to accept any proposed project, and we may decline work for any reason, including scheduling conflicts, geographic limitations, or misalignment with our capabilities. Until both parties have signed a proposal, no party is bound, and either party may walk away at any time without penalty. Any cost information shared before a signed agreement is an estimate only and does not constitute a binding price.

6. Proposals and Estimates

When we prepare a proposal, we base it on the information you provide, on the drawings or descriptions you share, and on conditions we have observed or reasonably assumed. A proposal includes a description of the work, a schedule, and a price or pricing structure. A proposal is valid for the period stated on the document, after which it may be revised.

If site conditions, available information, or your requirements change, the proposal may need to be updated before it can be signed. Estimates that we provide verbally or by email are for budgeting purposes only and are not binding. A binding commitment arises only when you sign the proposal or contract and we accept it in writing, at which point the agreed scope and price govern the project.

7. Client Responsibilities

You agree to provide accurate and complete information needed for us to plan and perform your project, including site access, existing drawings, utility locations, permits obtained by the owner, and any constraints on working hours. You are responsible for obtaining any permissions needed for our crews to access the site.

You agree to review and approve drawings, specifications, and schedules in a timely manner so that the project can proceed without delay. Where the project requires decisions from you, we will set reasonable deadlines for those decisions, and delays in your response may shift the schedule. You agree to keep us informed of any changes in the project, your organization, or the site that could affect the work. Failure to meet these responsibilities may result in schedule changes or additional charges.

8. Pricing, Fees and Payment

Payment terms are set out in each signed proposal or contract. Unless the contract states otherwise, we may invoice on a progress basis tied to project milestones, and amounts are due within the period stated on the invoice. We may charge a mobilization fee at the start of a project to cover setup and logistics. Materials that must be ordered with a deposit may require a payment in advance.

Late payments may accrue interest at the rate allowed by law, and we may suspend work if an invoice remains unpaid past the due date. Invoices may include applicable taxes, permits, and disposal fees, which will be itemized. Disputed amounts must be raised in writing within ten business days of the invoice date; amounts not disputed are deemed accepted.

9. Project Timelines and Delays

Schedule dates shown in a proposal are good faith targets, not guarantees. Construction and integration work is subject to weather, permit timing, utility availability, supply chain conditions, and other factors outside our control. We will work to minimize delays and will keep you informed of any significant schedule impact.

Time extensions will be granted for delays caused by the client, by force majeure events, or by conditions that a reasonable contractor could not have anticipated. If you require accelerated completion, we may schedule additional crews and equipment, and the added cost will be agreed in writing before the accelerated work begins. Liquidated damages for delay are not part of our standard contracts and will only apply if expressly agreed in writing.

10. Change Orders

Any change to the scope, schedule, or price of a project is documented in a change order. A change order must be signed by both parties before the changed work begins. If the client requests work that is outside the original scope, or if conditions arise that require a different approach, we will prepare a change order describing the adjustment and its cost impact.

We will not begin changed work without a signed change order, except where emergency action is needed to protect life, property, or the environment, in which case we will document the action and notify the client as soon as possible. Small variations that are incidental to the described scope and that do not change the price or schedule materially do not require a change order.

11. Subcontractors and Licensed Work

We may engage subcontractors, suppliers, and licensed professionals to perform parts of a project. This includes trades such as electrical, mechanical, and specialized technology installation. The selection of subcontractors is at our discretion unless the contract states otherwise. We remain responsible to the client for the performance of the work performed under our contract, including work performed by subcontractors we engage.

Work that is required to be performed by a licensed professional, such as engineering design or building code review, will be performed by appropriately licensed parties and will be subject to the terms of their own professional engagement. Where the client directs us to use a specific subcontractor, responsibility for that subcontractor performance rests with the client.

12. Intellectual Property

Unless a contract states otherwise, all intellectual property we create for a project, including drawings, design documents, software, configurations, and documentation, remains the property of ACM construction llc until we have been paid in full. Upon full payment, the client receives a non exclusive license to use the deliverables for the purpose of the project.

We retain the right to reuse general knowledge, standard methods, and non confidential building blocks in future work. Client provided materials, including drawings, data, and site information, remain the property of the client, and we use them only to perform the project. We grant the client a non exclusive license to use our deliverables for the project, and this license is revocable if payment defaults. No transfer of ownership occurs unless a written agreement states otherwise.

13. Confidential Information

Each party agrees to keep confidential any non public information received from the other party in connection with a project, including technical data, business plans, pricing, and trade secrets. Confidential information is used only to perform the project and is shared only with employees, subcontractors, and advisors who need it and who are bound to protect it.

This obligation does not apply to information that is publicly known, that was known before disclosure, that is independently developed, or that must be disclosed by law. On request, each party will return or destroy confidential information received from the other, except for copies needed for legal compliance. This confidentiality obligation survives the completion or termination of the project. We take reasonable care to protect confidential information, but we are not responsible for information that the client fails to mark or protect appropriately.

14. Warranties

ACM construction llc warrants that the services we provide will be performed in a professional and workmanlike manner, consistent with industry standards, and using materials that are free from defects at the time of installation. We warrant our labor and the equipment and systems we install for the period stated in the project contract, and we will repair or replace, at our option, any part of the work that fails due to our error within that period.

This warranty does not cover damage caused by misuse, alteration, improper maintenance, or events outside our control. Manufacturer warranties on equipment and software are passed through to the client and are governed by the manufacturer terms. To claim under our warranty, you must notify us in writing of the defect within a reasonable time of discovering it, and you must allow us reasonable access to inspect and repair the work.

15. Disclaimers

Except for the warranties expressly stated in the previous section and in your signed contract, our services and this website are provided as is and as available, without any other warranty, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the website will be uninterrupted, error free, or free of harmful components, and we are not liable for interruptions caused by maintenance, network conditions, or events beyond our control.

Cost and schedule information on the website is approximate and for illustration only. We do not guarantee that any particular result, such as energy savings or performance levels, will be achieved unless that result is expressly guaranteed in your signed contract. Any reliance you place on the website content is at your own risk.

16. Limitation of Liability

To the maximum extent permitted by law, the total liability of ACM construction llc, its officers, employees, and subcontractors, for all claims arising out of or relating to a project or the use of this website, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the client for the services giving rise to the claim.

In no event shall we be liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, business interruption, or loss of use, even if we were advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In those cases, our liability will be limited to the greatest extent permitted by law. This limitation is a fundamental part of the bargain and applies regardless of the form of the claim.

17. Indemnification

You agree to indemnify and hold harmless ACM construction llc, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses, including reasonable legal fees, arising out of your use of the website, your violation of these terms, your breach of a project agreement, or your negligent or wrongful acts.

This indemnity does not apply to the extent that a claim is caused by our own negligence or willful misconduct. Where a claim is caused by the combined actions of both parties, the obligation to indemnify will be apportioned to reflect each party responsibilities. We will notify you promptly of any claim covered by this indemnity, allow you to control the defense with counsel we reasonably approve, and cooperate in the defense as reasonably requested.

18. Termination of Services

Either party may terminate a project contract for convenience upon written notice, subject to the notice period and fees stated in the contract. We may suspend or terminate work immediately if the client fails to pay amounts due, materially breaches the agreement, or poses a safety risk on site.

Upon termination, the client is responsible for payment for all work performed and materials ordered up to the date of termination, plus reasonable demobilization costs. Deliverables created before termination will be transferred to the client once all outstanding amounts are paid. Sections of these terms relating to payment, intellectual property, confidentiality, limitation of liability, indemnification, and dispute resolution survive termination of any project contract.

19. Force Majeure

Neither party is liable for delay or failure to perform an obligation to the extent that the delay or failure is caused by an event beyond the reasonable control of the affected party, including natural disasters, severe weather, war, terrorism, civil unrest, epidemics, government orders, utility failures, supply chain interruptions, and labor disputes.

The affected party will notify the other party as soon as practicable and will take reasonable steps to resume performance when the event ends. If a force majeure event prevents performance for more than sixty consecutive days, either party may terminate the affected contract upon written notice without liability for the unfinished portion, except for payment obligations accrued before the event. Schedules affected by force majeure will be extended by the period of the disruption.

20. Governing Law and Disputes

These terms and any project contract are governed by the laws of the state of Utah, without regard to its conflict of law rules. Any dispute arising out of or relating to these terms or to a project will be resolved exclusively in the state or federal courts located in Utah, and both parties consent to the personal jurisdiction of those courts.

Before filing any action, the parties agree to attempt in good faith to resolve the dispute through negotiation within thirty days of written notice of the dispute. If the dispute is not resolved, and where the amount in question is within the limits for small claims, either party may file in the appropriate small claims court. The prevailing party in any dispute may recover its reasonable legal fees and costs, unless the court determines that an award would be inequitable.

21. Entire Agreement and Severability

These Terms of Service, together with the Privacy Policy and any signed project contract, constitute the entire agreement between you and ACM construction llc regarding the website and the services, and they supersede all prior agreements, proposals, and communications, whether written or oral.

If any provision of these terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. No failure or delay by either party in exercising any right under these terms is a waiver of that right. Headings in these terms are for convenience only and do not affect their interpretation. This agreement is personal to you and may not be assigned without our prior written consent.

22. Waiver

No waiver of any provision of these terms will be effective unless it is in writing and signed by the party waiving the right. A waiver of any breach of one provision is not a waiver of any other breach or of a later breach of the same provision. The rights and remedies provided in these terms are cumulative and are not exclusive of any rights or remedies provided by law.

A party must raise a claim arising from a project or from these terms within the applicable statute of limitations, and any claim not raised in that period is waived. Time limits stated in these terms or in a project contract are strict, except where the contract provides for extension in specific circumstances. We may assign our rights and obligations under a project contract to an affiliate or successor without your consent, provided the assignee agrees to perform the obligations.

23. Contact Us

If you have any questions about these Terms of Service, please contact us by email at helpdesk@acmbuild.buzz or by telephone at +14453361426. You may also write to us at 502 W Quartz Rd, Tooele - 84074-5413, United States (US).

We will respond to your message within two business days. For legal matters, please include the words Legal Notice in the subject line of your email so that we can route your message to the appropriate person. We value an open line of communication with every client and partner, and we will work to resolve any question about these terms promptly and fairly.

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