Master Terms and Conditions of Service

Client means the person, firm, corporation, or other entity that engages Kiddio Engineering.
Services means the professional engineering work described in the applicable proposal, order confirmation, or service agreement.
Deliverables means the documents, reports, drawings, calculations, and other work product produced by Kiddio Engineering.
Project Information means all data, drawings, specifications, and other information provided by Client to Kiddio Engineering.
Fee means the compensation due to Kiddio Engineering for the Services.

Kiddio Engineering shall perform the Services in a manner consistent with the professional skill and care ordinarily exercised by competent licensed mechanical engineers practicing in Georgia under similar circumstances. This standard does not imply or guarantee a perfect or error-free result, nor does it create any warranty, express or implied, beyond the professional standard of care described herein. Kiddio Engineering is not responsible for design decisions made by other parties, for the work or errors of other engineers, architects, or contractors, or for conditions not disclosed to the Firm at the time of engagement.

Client is solely responsible for the accuracy, completeness, and sufficiency of all Project Information provided to Kiddio Engineering. Client represents and warrants that all drawings, specifications, and data provided are accurate, current, and complete; Client has the authority to provide such information; and Client will promptly notify the Firm of any changes that may affect the Services or Deliverables. Kiddio Engineering shall have no liability for errors in Deliverables resulting from inaccurate, incomplete, or outdated Project Information. Revisions required due to inaccurate information may be subject to additional fees.

The scope of Services is limited to the work expressly described in the applicable proposal, order confirmation, or written service agreement. Unless expressly stated, the Services do not include: structural, civil, electrical, or architectural engineering review or design; geotechnical or environmental assessments; construction administration or field inspection; shop drawing or submittal review; permit filing or project representation; or ongoing support beyond delivery of the agreed Deliverables.

Fixed-Fee Services: Payment in full is due prior to commencement of work unless otherwise agreed in writing.

Hourly Services: Invoices will be issued upon completion of each work segment or monthly, whichever occurs first. Payment is due within fifteen (15) calendar days of the invoice date.

Late Payments: Invoices unpaid after fifteen (15) calendar days will accrue interest at 1.5% per month. Kiddio Engineering reserves the right to suspend work until overdue amounts are paid.

No Refunds After Commencement: Once work has commenced, fees paid are non-refundable. For projects cancelled after commencement, Client shall pay for all work performed to the date of cancellation at the applicable hourly rate or a pro-rated portion of the flat fee, whichever is greater.

Deliverables will be transmitted electronically in PDF format to the email address provided by Client. Kiddio Engineering’s obligation to deliver is satisfied upon transmission to the email address on record. The Firm is not responsible for delivery failures caused by Client’s email system, spam filtering, or incorrect contact information. Electronic PDFs bearing the engineer’s name constitute the official document of record.

One (1) round of revisions is included in the scope of fixed-fee engagements, provided the revision is caused by an error or omission in the original Deliverable. Revisions requested due to changes in Project Information, design scope, or permit authority requirements after delivery are additional services billed separately. Response to permit comments is a separate service and is not included in the original scope unless expressly stated.

Upon receipt of payment in full, Client is granted a non-exclusive, non-transferable license to use the Deliverables for the specific project and jurisdiction identified in the engagement. Deliverables may not be modified, reused on other projects, or transferred to third parties without prior written consent of Kiddio Engineering. Kiddio Engineering retains all intellectual property rights in the methods, tools, templates, and work processes used to produce the Deliverables.

The Deliverables are prepared solely for the benefit of the Client identified in the engagement and for the specific project described therein. No third party may rely on the Deliverables without the prior written consent of Kiddio Engineering.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KIDDIO ENGINEERING’S TOTAL LIABILITY TO CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES OR DELIVERABLES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO KIDDIO ENGINEERING FOR THE SPECIFIC ENGAGEMENT GIVING RISE TO THE CLAIM. In no event shall Kiddio Engineering be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, loss of use, or permit delays.

Client shall indemnify, defend, and hold harmless Kiddio Engineering, its members, officers, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the inaccuracy or incompleteness of Project Information; (b) Client’s modification of the Deliverables without authorization; (c) Client’s use of the Deliverables beyond the scope of the license granted; or (d) the acts or omissions of Client or Client’s contractors, agents, or employees.

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

These Terms shall be construed in accordance with the laws of the State of Georgia. The parties agree to attempt to resolve any dispute through good-faith negotiation before pursuing formal proceedings. If negotiation fails, disputes shall be resolved by binding arbitration in Gwinnett County, Georgia, administered under the Commercial Arbitration Rules of the American Arbitration Association before a single arbitrator with experience in professional engineering or construction matters. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

Kiddio Engineering shall not be in default or liable for any delay in performance caused by circumstances beyond the Firm’s reasonable control, including acts of God, natural disasters, governmental actions, power outages, cyberattacks, or public health emergencies.

These Terms, together with the applicable proposal, order confirmation, or written service agreement, constitute the entire agreement between the parties and supersede all prior negotiations, representations, and understandings. These Terms may be modified only by a written instrument signed by an authorized representative of Kiddio Engineering.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force. Failure by Kiddio Engineering to enforce any provision shall not constitute a waiver of the right to enforce that provision in the future.

All formal notices under these Terms shall be sent in writing to:

Kiddio Engineering & Consulting, LLC
Attn: Kimberly R. Reese, P.E.
470 Dacula Road, Unit 693
Dacula, Georgia 30019
Web: www.kiddioengineering.com