Terms and Conditions

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Updated: 6/23/2026

 

These Terms and Conditions (“Terms”) govern the services provided by Irontech Industries, LLC, doing business as EarthCalcPro (“EarthCalcPro,” “we,” “us,” or “our”) to any client (“you” or “Client”). By requesting, ordering, or using our services, you agree to these Terms.

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1. Services

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EarthCalcPro provides earthwork and civil construction quantity takeoff and estimating support services, which may include cut/fill and mass haul quantities, utility and sitework takeoffs, and bid, plan, and specification review. All services are advisory and informational and are prepared to assist you in bidding and planning. The specific scope of each engagement is defined in the written quote or proposal for that project.

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2. Not Engineering, Surveying, or Legal Services

 

EarthCalcPro does not provide professional engineering, land surveying, architectural, or legal services, and nothing we deliver constitutes such services. We do not certify, stamp, seal, or warrant any design, and we do not perform field surveys. Any design judgment, code interpretation, contractual interpretation, or licensed professional determination remains your responsibility and that of your licensed professionals.

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3. Basis of Our Work

 

Our takeoffs and reports are prepared solely from the documents you provide (plans, specifications, surfaces, addenda, and similar materials). We do not independently verify field conditions, and we rely on the documents being current, complete, and accurate. Quantities, factors (including shrink/swell and compaction), and assumptions are estimates, not guarantees of actual field quantities, and may differ from conditions encountered during construction.

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4. Your Responsibilities

 

You agree to:

• Provide complete, legible, and current documents, including all addenda and revisions.

• Confirm that you have the legal right to share those documents with us.

• Independently review and verify all quantities, assumptions, and exclusions before relying on them for any bid, contract, or construction.

• Remain solely responsible for your bid, your pricing, and your business decisions.

 

You acknowledge that you are in the best position to verify quantities against site conditions and project documents before submitting any bid.

 

5. Confidentiality

 

The plans, specifications, and bid documents you send are treated as confidential and used only to perform the work you request. We do not sell, share, or distribute your documents, and we will not disclose that you are bidding a particular project. Files are retained only as long as reasonably needed to complete and support your work. A separate signed non-disclosure agreement is available on request.

 

6. Intellectual Property and Document Use

 

You retain ownership of the documents you provide. You represent and warrant that you have the right to provide them to us and that doing so does not violate any third party’s rights or any plan-use restrictions. Upon full payment, you may use the deliverables we provide for your internal bidding and construction purposes. We retain ownership of our methods, templates, and work product formats.

 

7. Fees and Payment

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Fees are set per project by a written quote following our review of your documents. Unless otherwise stated in the quote:

• Quotes are valid for 30 days.

• Payment is due upon delivery

• A deposit may be required before work begins on larger engagements.

• Late balances may accrue interest at 10% per month or the maximum allowed by law, whichever is lower.

 

Work begins upon your written acceptance of the quote and receipt of complete documents.

 

8. Revisions

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Each quote includes 1 revision round(s) for the agreed scope. Changes to scope, revised plans, new addenda, or additional revision rounds are billed at our then-current rate or re-quoted.

 

9. Turnaround and Expedited Service

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Any turnaround time we provide is a good-faith estimate measured from receipt of complete documents, not a guarantee. Incomplete documents, scope changes, or revised plans may extend timelines. Standard turnaround is quoted per project based on scope and current workload. For time-sensitive projects, expedited service may be available for an additional fee, agreed in writing before work begins. An expedite fee secures priority scheduling and a targeted accelerated turnaround; it does not guarantee a specific delivery time, and the targeted turnaround still depends on your providing complete, accurate documents at the outset. If we cannot meet the agreed expedited window for reasons within our control, your sole remedy is a refund of the expedite fee (not the base fee), and the limitation of liability in Section 11 otherwise applies.

 

10. Disclaimer of Warranties

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Our services and deliverables are provided “as is” for bidding and planning purposes. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, or accuracy of results. We do not warrant that quantities will match actual field conditions.

 

11. Limitation of Liability

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To the fullest extent permitted by law:

• Our total cumulative liability arising out of or relating to any engagement, under any theory (contract, tort, or otherwise), shall not exceed the fees you actually paid us for that specific engagement.

• We shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including lost bids, lost profits, lost business, cost overruns, project delays, or damages arising from your reliance on our estimates.

 

You agree that these limitations are a reasonable allocation of risk given the advisory nature of our services and the fees charged, and that you remain responsible for verifying our work before relying on it.

 

12. Indemnification

 

You agree to indemnify and hold harmless Irontech Industries, LLC and EarthCalcPro, and their members and representatives, from any claims, damages, or costs (including reasonable attorney’s fees) arising from: (a) your use of or reliance on our deliverables; (b) your bid, contract, or construction decisions; or (c) your breach of these Terms, including any representation that you had the right to share the documents you provided.

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13. Independent Contractor

 

EarthCalcPro is an independent contractor. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

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14. Governing Law and Venue

 

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles. Any dispute shall be brought in the state or federal courts located in Warren, Tennessee, and you consent to that jurisdiction and venue.

 

15. Changes to These Terms

 

We may update these Terms from time to time. The version in effect when you accept a quote governs that engagement.