Terms of Service

1. Acceptance of These Terms

These Terms of Service govern the use of the website located at https://www.yazhiengineering.buzz and the professional engineering services offered by Yazhi Engineering LLC, a company with its office at 7533 S Center View Ct, West Jordan - 84084-5526, United States (US). By browsing this site, submitting an enquiry or engaging the firm, you agree to these terms. If you do not agree, please do not use the site or commission work.

These terms operate together with any written proposal, fee schedule or signed agreement for a specific project. Where a signed agreement conflicts with these terms, the signed agreement controls for that project. Nothing on this website constitutes an engineering opinion about a particular structure, and no duty arises until a written engagement has been accepted by the firm.

2. Definitions

In these terms, the following words have the meanings given below.

• Company means Yazhi Engineering LLC.
• Website means the pages published at https://www.yazhiengineering.buzz.
• Client means a person or organisation that engages the Company for services.
• Services means the geotechnical, retaining structure, foundation, drainage and testing work described on the site.
• Deliverable means a report, drawing, calculation package, specification, test record or other document issued by the Company.
• Visitor means a person who accesses the website without engaging the Company.

3. Permitted Use of the Website

You may view, print and share the public pages of the website for lawful purposes connected with evaluating or explaining the services of the Company. You may not copy the design files, images or text into a competing publication, remove a copyright notice, frame the site inside another application, or present the content as your own work.

You may not attempt to gain unauthorised access to any part of the site or to any server connected to it, probe for vulnerabilities, deliver malicious code, automate requests in a manner that degrades availability, or use the contact form to send unsolicited commercial messages. The Company may suspend access where it reasonably believes that these restrictions have been breached.

4. Enquiries and Proposals

An enquiry sent through the contact form, by email or by telephone is an invitation to discuss work. It does not create a contract and does not oblige the Company to accept a project. The Company may decline work where a conflict exists, where the requested scope falls outside its competence, where access or information is inadequate or where an ethical or safety concern cannot be resolved.

Where the Company issues a proposal, the proposal states the scope, the deliverables, the fees, the assumptions and the validity period. A contract is formed only when the Client accepts the proposal in writing and, where required, pays any mobilisation amount stated in it. The Company reserves the right to revise a proposal if the site conditions or the scope differ materially from what was described at the time of issue.

5. Client Responsibilities

The Company relies on the Client for accurate information and for practical cooperation. The Client agrees to provide available drawings, previous reports, survey data, title information and details of any underground services or known contamination. The Client agrees to arrange safe access, to identify hazards, to obtain any consent needed to enter adjoining land and to make sure that a competent person is present during a site visit.

Where the Client changes the intended use of a structure, adds load, alters drainage or permits a contractor to depart from the drawings, the Client must inform the Company before the change is built. A design is prepared for the conditions stated in the report, and a change that falls outside those conditions may invalidate the design conclusions. The Company is not responsible for a condition that was concealed, misdescribed or not disclosed.

6. Scope of Engineering Services

Engineering services are limited to the scope stated in the accepted proposal. Services are performed with the reasonable skill and care expected of a competent practitioner in the relevant discipline. The Company does not provide legal advice, surveying titles, architectural design, electrical design, structural certification of elements outside the stated scope or construction management unless those services are expressly included.

Reports are based on information available at the date of issue, on the investigation methods used and on the locations tested. Soil and rock conditions can vary between test locations, and a report describes the conditions encountered rather than every condition that may exist on a site. Where the Company recommends further investigation or monitoring, that recommendation is part of the scope and should not be treated as optional commentary.

7. Deliverables and Use of Documents

Deliverables are prepared for the Client and for the specific project described in the proposal. The Client may use them for that project, share them with contractors and authorities for that project and retain them for the life of the structure. The Client may not reuse a drawing or report for another site, another structure or another owner without written consent from the Company.

The Company retains copyright in its drawings, calculations and reports unless a proposal states otherwise. A licence to use a deliverable for the stated project is granted on payment of the agreed fee. Electronic files are issued in the format stated in the proposal, and the Company is not obliged to supply editable source files unless that is agreed in writing.

Where a deliverable is revised, the superseded version loses its validity and should not be used for construction. The Client is responsible for distributing the current revision to the parties who are building or inspecting the work.

8. Fees and Payment

Fees are set out in the accepted proposal. They may be fixed, time based or a combination of both. Where the fee is time based, the Company records the hours spent and invoices at the stated rates. Disbursements such as laboratory testing, drilling, travel and equipment hire are charged at cost or at the rate stated in the proposal.

Invoices are due within the period stated on the invoice. The Company may charge interest on an overdue amount at the rate permitted by law. Where an invoice remains unpaid, the Company may suspend work, withhold further deliverables and decline to provide construction support. A Client who disputes an invoice should raise the issue in writing within the period stated on the invoice so that the matter can be resolved without stopping the project.

9. Changes and Additional Services

Projects change. A Client may request a variation at any time, and the Company will describe the effect on fee, programme and deliverables before carrying it out. Additional site visits, rework caused by a changed design, attendance beyond the stated number of visits and supplementary testing are charged as additional services unless the proposal says otherwise.

Where a variation is urgent because of a safety concern, the Company may act first and confirm the commercial effect afterwards, but it will do so only where the Client or an authorised representative has given a clear instruction. Verbal instructions are confirmed in writing as soon as is practical so that both parties share the same record.

10. Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for indirect, incidental, special or consequential loss, including loss of profit, loss of rent, loss of use or loss of opportunity, arising from the services or from use of the website. The Company is not liable for a loss caused by a condition that could not reasonably have been discovered with the investigation agreed in the proposal.

Where liability cannot be excluded, the total liability of the Company for a project is limited to the fee paid for the services giving rise to the claim, or to the amount required by applicable law where that is higher. Nothing in these terms excludes liability for fraud, for wilful misconduct, for death or personal injury caused by negligence, or for any other liability that the law does not permit to be excluded.

A claim must be notified to the Company in writing within a reasonable period after the Client becomes aware of the facts giving rise to it, and in any event within the period permitted by the applicable statute of limitations. The Company is not responsible for a delay in notification that prejudices its ability to investigate.

11. Professional Responsibility and Insurance

The Company maintains professional practices appropriate to its size and scope, including a review of calculations and drawings before issue. Written reports identify the engineer responsible and the date of issue. The Company will provide evidence of professional liability cover where a Client or an authority reasonably requests it.

Construction site safety remains the responsibility of the contractor and the site owner. A design or inspection does not transfer that responsibility to the Company, and the Company does not act as a safety officer unless that role is expressly included in a proposal. Where the Company observes an unsafe condition during a visit, it will report the observation promptly to the Client, but it cannot supervise a site continuously.

12. Third Party Information and Services

The Company may rely on information supplied by a laboratory, a surveyor, a drilling contractor, an authority or another consultant. The Company reviews that information for consistency with its own observations but does not guarantee its accuracy. Where an error in third party information is discovered, the Company will advise the Client and, where necessary, revise its conclusions.

Links to external websites are provided for convenience. The Company does not endorse the content of another site, does not control its availability and is not responsible for its terms or its handling of personal information.

13. Intellectual Property

The design of this website, its text, its layout and its images are owned by the Company or used under licence. The Company name, the practice marks and the visual identity are protected. You may quote a short extract from the site for comment or review with an attribution, but you may not reproduce a substantial part of the site without written permission.

Technical methods, standard details and calculation approaches developed by the Company remain its property, even where they are applied to a Client project. The Client receives a licence to use the deliverables for the project, not ownership of the underlying method.

14. Confidentiality

Each party will keep confidential the information that the other identifies as confidential, and will use it only for the project. The Company treats site information, client finances and personal details as confidential and restricts access to personnel and subcontractors who need it. A party may disclose confidential information where the law requires it, where a professional obligation requires it or where the information is already public through no fault of that party.

The obligation continues after a project ends. On request, the Company will return or delete confidential material that is no longer needed, subject to retention duties that apply to engineering and financial records.

15. Suspension and Termination

Either party may terminate an engagement on written notice. The Client must pay for work performed and for commitments made up to the date of termination, including laboratory or drilling bookings that cannot be cancelled. The Company must deliver work that has been paid for, or a proportionate refund where a deliverable has not been started.

The Company may suspend work immediately where fees are overdue, where the site is unsafe, where instructions are inconsistent with professional standards or where a legal or ethical requirement prevents continuing. The Company will explain the reason for a suspension and the conditions for resuming work. Termination does not affect provisions that are intended to survive, including confidentiality, intellectual property, limitation of liability and records retention.

16. Website Content Disclaimer

The material on this website is general information about geotechnical and retaining structure practice. It is not a substitute for a site specific investigation, a design check by a qualified engineer or a current copy of the applicable building code. Conditions described in an article or a service page may differ from the conditions at your site, and a decision made on the basis of general text without an inspection is made at your own risk.

The Company tries to keep the site accurate and available, but it does not promise that every page is current or that the site will be uninterrupted. The Company may change, move or withdraw pages without notice.

17. Indemnity

To the extent permitted by law, the Client indemnifies the Company against a claim, loss or cost arising from inaccurate information supplied by the Client, from a use of a deliverable outside its stated project or scope, from a construction change made without the knowledge of the Company, or from a failure by the Client to obtain access or consent for inspection work.

The Company indemnifies the Client against a claim that a deliverable infringes the intellectual property of a third party, provided that the Client has used the deliverable as intended and has notified the Company promptly of the claim.

18. Governing Law and Disputes

These terms are governed by the laws of the State of Utah, United States, without regard to conflict of law rules. The parties will attempt to resolve a dispute through direct discussion first, with a written summary of the issue and the outcome sought. Where discussion does not resolve the matter, the parties may agree to mediation before starting legal proceedings.

Subject to any right that cannot be waived, the courts located in Utah have exclusive jurisdiction over a dispute that is not resolved by agreement. A party that wins a dispute may recover reasonable legal costs where the law allows. Nothing in this section prevents a party from seeking urgent relief to protect safety or property.

19. General Provisions

If a provision of these terms is found to be unenforceable, the remaining provisions continue in force and the unenforceable provision is read down to the minimum extent necessary. A failure to enforce a provision on one occasion is not a waiver of the right to enforce it later. These terms, together with an accepted proposal, form the entire agreement between the parties for the subject matter covered.

The Company may assign its rights and obligations to a successor practice in connection with a reorganisation or transfer of the business. The Client may not assign an engagement without the written consent of the Company. Notices are valid when sent to the email or postal address recorded in the proposal or on this website.

20. Changes to These Terms

The Company may revise these terms from time to time. The date at the top of the page records the latest version. A revision applies to use of the website from the date it is published. A revision does not change the terms of an engagement that was already accepted, unless both parties agree in writing.

If a revision is material, the Company will describe it in a notice on the site. Continued use of the website after a revision indicates agreement with the revised terms.

21. Contact Information

Questions about these terms, an invoice, a proposal or a deliverable should be sent to the following address so that they reach the correct file.

The Company aims to acknowledge a written enquiry within two business days and to give a substantive response within ten business days where the matter requires a file review. Urgent safety issues should be raised by telephone as well as in writing so that they are not delayed.