Terms of Service
Acceptance of These Terms
These Terms of Service govern your access to and use of the website at www.bemekco.hair and the services provided by Bemekco LLC. By visiting this website, submitting an inquiry or engaging Bemekco LLC for services, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use the website or the services. These terms apply alongside any written agreement that you sign with Bemekco LLC, and where a signed agreement conflicts with these terms, the signed agreement controls for the services it covers.
Bemekco LLC is a computer integrated systems design practice located at 1169 N 3830 W, Lehi - 84048-7900, United States (US). Throughout these terms, the words we, us and our refer to Bemekco LLC, and the words you and your refer to the person or organization accessing the website or engaging the services.
Definitions
For clarity, the following terms have the meanings given here. Services means the design, advisory, integration and reporting work that Bemekco LLC provides, including control room operations design, dispatch workflow integration, alarm prioritization and escalation, shift handover systems, field crew radio integration and performance logging and reporting. Website means the pages published at www.bemekco.hair. Deliverables means the drawings, layouts, diagrams, documents, reports and other materials we produce for a client. Client means the person or organization that engages us. Statement of Work means a written description of a specific engagement, including its scope, schedule and fees.
Eligibility
You must be at least sixteen years of age and legally capable of entering into a binding agreement to use this website and our services. If you use the website or engage us on behalf of an organization, you represent that you have the authority to bind that organization to these terms. If you do not have that authority, you must not accept these terms on the organization behalf.
We provide services to businesses and professional organizations. Our website is not directed to children, and we do not knowingly enter into agreements with anyone below the age stated above. If we learn that a person below the required age has engaged us or submitted information, we will take reasonable steps to cancel the arrangement and remove the information. An organization that allows an unauthorized person to accept these terms on its behalf remains responsible for the obligations created.
Scope of Services
Bemekco LLC designs control rooms and dispatch floors as integrated systems. Our work spans six connected service lines: control room operations design, dispatch workflow integration, alarm prioritization and escalation, shift handover systems, field crew radio integration and performance logging and reporting. Each engagement is defined by a Statement of Work that describes what will be delivered, the assumptions on which the work rests and the schedule for completion.
Unless a Statement of Work states otherwise, our services consist of professional design and advisory work. We are not the manufacturer of furniture, radio equipment, software platforms or building systems, and we do not warrant products supplied by others. Where an engagement includes installation or commissioning, the Statement of Work will describe the responsibilities of each party.
Our work is shaped by the information available at the time it is performed. A control room design depends on the operational picture you describe, the constraints of the building and the behavior of connected systems. If any of those inputs change after we complete a phase, the design may need to be revisited, and such additional work falls outside the original scope unless the parties agree otherwise. We will always tell you when we believe a change in conditions calls for a review, and we will not proceed with a new phase without your written approval.
Proposals and Statements of Work
We prepare proposals based on the information you provide and on any site observation we are able to perform. A proposal remains valid for the period stated in it, and it becomes binding only when both parties sign a Statement of Work or otherwise confirm acceptance in writing. A proposal may describe assumptions, exclusions and dependencies, and those items form part of the agreement.
If the actual conditions of a site differ materially from the assumptions in a Statement of Work, the parties will discuss the effect on scope, schedule and fees. We will not perform work outside the agreed scope without written authorization from you, and you will not be charged for additional work that you have not approved. A change order, once accepted by both parties, becomes part of the agreement and supersedes the affected portion of the original description.
Proposals may be prepared using information that you provide verbally or in writing, and we rely on that information in good faith. If a proposal contains an error that either party discovers, the parties will correct it promptly and in writing. No verbal statement made during a sales conversation alters the terms of a signed Statement of Work or these Terms of Service.
Client Obligations
A successful engagement depends on timely cooperation. You agree to provide accurate information about your operations, access to the site and its personnel during agreed hours, and a single point of contact who can make decisions on your behalf. You also agree to obtain any internal approvals and third party permissions required for the work, including permission to access restricted areas and to collect the operational information we need.
You are responsible for the accuracy and legality of the information you provide to us. You agree not to ask us to use information that you do not have the right to share or to design systems in a manner that would violate applicable law or the rights of others. You also agree to designate a decision maker who can approve drawings, schedules and change orders without excessive delay, because project momentum depends on timely decisions.
If you fail to meet an obligation that we reasonably need to proceed, we may suspend the affected work and adjust the schedule accordingly. We will notify you in writing of the specific obligation before suspending work, and we will resume as soon as the obligation is met. Suspension for cause does not relieve you of your payment obligations for work already performed.
Fees and Payment
Fees for our services are set out in the applicable Statement of Work. Unless stated otherwise, fees are quoted in United States dollars and exclude applicable taxes, travel and third party costs, which are billed as agreed. We may invoice on a fixed fee, time and materials or milestone basis, depending on the engagement.
Invoices are due within the period stated on the invoice. If payment is not received by the due date, we may pause work and charge interest at the rate permitted by law. You agree to reimburse reasonable costs we incur in collecting overdue amounts. Amounts already paid for work properly performed are not refundable except where these terms or a Statement of Work provide otherwise.
You are responsible for any taxes that apply to the services, other than taxes based on our net income. If you are required by law to withhold an amount from a payment, you will provide us with documentation of the withholding so that we can seek any available credit. Travel and third party costs are billed at cost unless the Statement of Work provides a fixed amount, and we will seek your approval before incurring unusual expenses.
Scheduling and Site Access
Project schedules are agreed in advance and depend on the availability of your site, your personnel and any third parties involved. If a scheduled visit cannot proceed because access is unavailable, we may treat the visit as a scheduled appointment and reserve the right to charge for the reserved time, as described in the Statement of Work.
When our team visits your site, you agree to provide a safe working environment and to inform us of any hazards, safety procedures and access restrictions. We will follow your reasonable site rules, and we may suspend a visit if conditions are unsafe. You will supply any personal protective equipment that your site requires, and you will ensure that escorts are available where restricted areas are involved.
Schedules are estimates unless a Statement of Work states that a date is firm. We will notify you promptly if we foresee a delay and will propose a revised schedule. Neither party is liable for a delay caused by the other party or by a force majeure event, as described in a later section of these terms.
Intellectual Property
We retain ownership of the methods, templates, know how, drawing standards and background materials that we bring to an engagement, including any general knowledge gained from previous projects. Upon full payment of the applicable fees, we grant you a perpetual, non-exclusive license to use the Deliverables for the internal operation of the site or business they were prepared for.
We retain the right to use the general skills and experience we develop while working on an engagement. Where a Deliverable includes a client owned document, drawing or data set, you retain ownership of that material. Neither party may use the other party name or marks in a public statement without written permission, except as required by law.
If you provide us with feedback or suggestions about our services, you grant us the right to use that feedback to improve our offerings without obligation to you. We will not identify you as the source of feedback in any public material without your consent. As between the parties, all rights not expressly granted in these terms are reserved by the party that owns them.
Confidentiality
Each party may receive confidential information from the other during an engagement. Confidential information means non-public information that is designated as confidential or that a reasonable person would treat as confidential given its nature and the circumstances of disclosure. Each party agrees to use the other party confidential information only for the purposes of the engagement and to protect it with reasonable care.
Confidential information does not include information that is or becomes public through no fault of the receiving party, was already known to the receiving party without a duty of confidence, is received from a third party without a duty of confidence, or is independently developed without use of the confidential information. A party may disclose confidential information when required by law, provided it gives prompt notice where permitted and reasonable assistance to limit the disclosure.
Acceptable Use of the Website
You agree to use this website lawfully and respectfully. You must not attempt to gain unauthorized access to the site or its underlying systems, interfere with its normal operation, introduce malicious code, scrape its content at a volume that burdens the service, or use it to send unsolicited messages. You must not misrepresent your identity or affiliation when you contact us.
All content on this website, including text, layout, graphics and code, is owned by Bemekco LLC or its licensors and is protected by applicable intellectual property law. You may view and print pages for your own reference, but you may not reproduce, republish or distribute the content for commercial purposes without our written permission.
Third Party Materials
Our website and services may reference or rely on third party products, platforms and information. Those third party materials are provided subject to the terms and warranties of their respective owners. We do not control third party materials and are not responsible for their performance, availability or accuracy.
Where a project depends on a third party platform, any change to that platform may affect the design we provide. We will advise you of material dependencies during the engagement, but we cannot guarantee that a third party product will remain unchanged or available. Where a link leads to a third party website, that link does not imply endorsement and does not transfer responsibility for the content found there.
Warranties and Disclaimers
We warrant that our services will be performed in a professional and workmanlike manner consistent with the standards of our field. This is the sole warranty we provide for our services. Except as stated in this section, our services and website are provided on an as available basis, and we disclaim all other warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We do not warrant that the website will be uninterrupted or error free, that defects will be corrected, or that the information on the website is complete, accurate or current for every purpose. Design work depends on information supplied by others, and we do not warrant outcomes that depend on conditions outside our control, such as staffing decisions, equipment behavior or future changes to your operations.
Limitation of Liability
To the fullest extent permitted by law, Bemekco LLC will not be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data or business interruption, arising out of or relating to these terms, the website or the services, even if we have been advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to an engagement will not exceed the total fees paid by you to us for the specific services that gave rise to the claim. This limitation applies regardless of the legal theory on which a claim is based and survives termination of the agreement. Some jurisdictions do not allow certain limitations, so part of this section may not apply to you.
Indemnification
You agree to indemnify and hold harmless Bemekco LLC and its team members from claims, damages, losses and expenses, including reasonable legal fees, arising out of your breach of these terms, your misuse of the website, or information or materials you provide to us that infringe the rights of a third party.
We agree to indemnify and hold harmless you from third party claims that a Deliverable we created infringes a United States intellectual property right, provided you notify us promptly, allow us to control the defense and cooperate with us. This obligation does not apply where the claim arises from materials you supplied or from modifications made by others.
Term and Termination
These terms apply for as long as you use the website or engage our services. Either party may terminate an engagement for material breach if the breach is not cured within a reasonable period after written notice. Either party may terminate for convenience according to the notice period stated in the Statement of Work.
Upon termination, you agree to pay for work performed and expenses properly incurred up to the effective date of termination. We will deliver the work product completed to that date, subject to payment, and each party will return or delete the other party confidential information as agreed. Sections that by their nature should survive termination, including confidentiality, intellectual property, limitation of liability and governing law, will continue to apply.
Governing Law and Disputes
These terms are governed by the laws of the United States and the state in which Bemekco LLC maintains its office, without regard to conflict of law principles. The parties agree to attempt to resolve any dispute through good faith discussion before starting formal proceedings.
If a dispute cannot be resolved through discussion, it will be brought before a court of competent jurisdiction in the state where Bemekco LLC maintains its office, and each party consents to the jurisdiction of that court. Nothing in this section prevents either party from seeking urgent relief to protect its confidential information or intellectual property.
Force Majeure
Neither party will be liable for a delay or failure to perform caused by events beyond its reasonable control, including natural disasters, severe weather, public health emergencies, labor disputes, utility or network failures, and acts of government. The affected party will notify the other party promptly and will use reasonable efforts to resume performance.
If a force majeure event continues for an extended period, the parties will discuss an equitable adjustment to the schedule or scope, or termination of the affected work, with payment for work performed up to that point.
Changes to These Terms
We may update these Terms of Service from time to time to reflect changes in our practices, our services or the law. When we make a material change, we will update the effective date at the top of this page. Your continued use of the website or the services after a change takes effect means that you accept the revised terms.
If a change materially affects an active engagement, we will provide notice and, where appropriate, allow the affected party to discuss the impact. If you do not agree with a change, you may stop using the website and contact us to discuss the matter.
How to Contact Us
If you have questions about these Terms of Service, please contact Bemekco LLC using the details below. We welcome the chance to clarify any point before a misunderstanding becomes a dispute.
- Bemekco LLC
- 1169 N 3830 W, Lehi - 84048-7900, United States (US)
- Email: office@bemekco.hair
- Phone: +15746882138
- Website: www.bemekco.hair
Please include enough detail for us to understand your question and to route it to the right person. We aim to respond promptly during normal business hours.