1. Acceptance of These Terms
These Terms of Service govern your use of the Ashtrees Cuts website and any professional engagement you enter into with Ashtrees Cuts LLC. By visiting the website, sending an enquiry, or instructing us to carry out work, you agree to be bound by these terms to the extent they apply to your situation. If you do not accept them, please do not use the website or engage our services.
Where a separate written agreement, statement of work or proposal has been signed by both parties, that document takes precedence over these terms for the matters it covers. These terms then fill any gap that the signed agreement does not address.
2. Definitions
In these terms, the words below carry the following meanings. The Company, we, us and our refer to Ashtrees Cuts LLC. The Client and you refer to the business or person engaging our services or using our website. Deliverables means the systems, integrations, configurations, documents and other materials we produce for a client. Client Data means information supplied to us by the client or accessed by us on the client behalf during an engagement.
3. Our Services
Ashtrees Cuts LLC provides computer integrated systems design and related professional services. Our six core service lines are Field Ops System Integration, Mobile Work Order Platforms, Fleet and Route Telemetry, Job Costing Dashboards, Customer Portal Builds and Crew Safety Tracking Systems. Additional advisory, assessment and support work may be provided where the parties agree.
We deliver our services with reasonable skill and care, consistent with the standards of our profession. Unless a separate agreement states otherwise, our services are provided on a professional best effort basis and do not constitute a guarantee of any particular business outcome, revenue result or regulatory approval.
Each service line can be engaged on its own or combined with others. Field Ops System Integration establishes the connective layer between scheduling, dispatch and finance. Mobile Work Order Platforms put the job in the hands of the technician. Fleet and Route Telemetry makes travel visible and measurable. Job Costing Dashboards turn activity into financial truth. Customer Portal Builds extend the system to the people who commission the work. Crew Safety Tracking Systems protect the people doing the work. Where several lines are engaged together, we sequence them so that each builds on the last instead of duplicating effort.
We may provide advice, assessment and documentation as standalone deliverables. Assessment documents describe the state of a client system, the operational problems identified and a recommended sequence of cuts and integrations. They are professional opinions based on the information made available to us and on conditions observed at the time. They are not a certification of compliance with any law, standard or industry scheme, and the client remains responsible for obtaining any such certification it requires.
4. Engagements and Proposals
An engagement begins only when a proposal or statement of work has been accepted by both parties, whether in writing or by clear conduct such as a written instruction to proceed. A proposal remains open for the period stated in it, or for thirty days if no period is stated.
Any estimate of effort, duration or cost is made in good faith on the information available at the time. If the scope of work changes, or if the underlying facts differ materially from those assumed in the proposal, we will discuss the change with the client and agree any adjustment before continuing.
A proposal identifies the services to be delivered, the assumptions on which the estimate rests, the sequence of delivery and the fees payable. It may be accepted in writing, by signature or by a clear written instruction to proceed. Where a client asks us to begin work before a proposal is finalised, the work is carried out on these terms until a proposal is accepted, and either party may pause the work while that is settled.
We do not accept engagement terms imposed unilaterally by a client, such as terms printed on a purchase order, unless we have expressly agreed to them in writing. If a client document conflicts with these terms or with a signed proposal, the signed proposal governs first, these terms govern second, and the client document governs last, and only for the specific matter it addresses.
5. Client Responsibilities
The success of an integration depends on cooperation. The client agrees to provide timely access to the systems, credentials, personnel and information reasonably required to carry out the work. The client is responsible for maintaining lawful authority to grant that access and for ensuring that any third party whose systems are involved has been properly notified.
The client also agrees to nominate a point of contact who can make decisions on behalf of the organisation, to review deliverables within a reasonable time, and to inform us promptly of any problem with the work so that we can correct it. Delays caused by missing access, unreturned approvals or unresolved third party issues may affect the schedule and may result in additional charges where significant rework is required.
6. Fees and Payment
Fees are set out in the applicable proposal or statement of work. Unless stated otherwise, invoices are payable within thirty days of the invoice date. Amounts that remain unpaid after the due date may attract interest at the rate stated in the proposal, or where no rate is stated, at a reasonable commercial rate permitted by applicable law.
Where an engagement is delivered in stages, each stage may be invoiced as it completes. Travel and third party licence costs are charged at cost unless the proposal says otherwise. We reserve the right to suspend work on overdue accounts after giving notice, and to resume once the account is brought current.
Fees for assessment work are payable on delivery of the written assessment. Fees for integration work are normally invoiced in stage payments tied to the delivery milestones set out in the proposal. Support and advisory retainers are invoiced monthly in advance. All amounts are stated in United States dollars unless the proposal states otherwise, and the client is responsible for any bank charges or currency conversion costs incurred in making payment.
If a client disputes an invoice, it must raise the dispute in writing within fourteen days of the invoice date and pay the undisputed portion by the due date. The parties will then work in good faith to resolve the disputed amount. Raising a dispute over a small portion of an invoice does not entitle the client to withhold the whole of it.
7. Scheduling and Delivery
We plan delivery around the client operating calendar and around our dormant-season window, when change can be introduced with the least disruption. Dates given in a proposal are estimates unless expressly identified as firm commitments. We will tell the client promptly if we expect a delay and will work to recover the schedule where that is possible.
Deliverables are generally provided in a staging environment for client review before release to production. Acceptance occurs when the client confirms the deliverable meets the agreed requirements, or after ten business days have passed without a written objection, whichever is earlier. Minor imperfections that do not prevent the agreed function are not grounds to withhold acceptance.
8. Intellectual Property
Unless a separate agreement provides otherwise, the Company retains ownership of its pre-existing tools, frameworks, templates and know-how, together with any general techniques developed during an engagement. The client receives a perpetual, non-exclusive licence to use those components to the extent they are embedded in the deliverables.
Upon full payment, the client receives ownership of the custom deliverables created specifically for that engagement, excluding any Company pre-existing or third party components. Third party components remain subject to their own licence terms. Nothing in these terms transfers ownership of the Ashtrees Cuts name, branding or website content.
9. Client Data and Confidentiality
Each party agrees to keep confidential the non-public information of the other that it learns during the engagement, and to use that information only for the purpose of the engagement. This obligation continues after the engagement ends. Confidential information does not include information that is public, independently developed, or lawfully received from a third party without restriction.
The client retains ownership of Client Data. We process Client Data only on the client instructions and only as needed to deliver the services. We apply reasonable safeguards to protect it, and we return or delete it at the end of the engagement according to the agreed terms, unless retention is required by law. Our handling of personal information is described further in our privacy policy.
10. Acceptable Use of the Website
You agree to use the Ashtrees Cuts website only for lawful purposes. You must not attempt to gain unauthorised access to any part of the site or its supporting infrastructure, interfere with its normal operation, introduce malicious code, scrape it at a volume that degrades service, or use it in a way that infringes the rights of any person. We may suspend access where we reasonably believe these rules have been broken.
You must not use the contact form to send unsolicited commercial messages, abusive material or content that is unlawful in any jurisdiction. You must not misrepresent your identity when contacting the practice, nor attempt to obtain information about another person or business under false pretences. We reserve the right to ignore or report any communication that breaches these rules.
The content of this website, including its text, layout, styling and the distinctive pruning-stand visual design, is owned by the Company and protected by applicable intellectual property law. You may read and share the pages for your own lawful purposes, and you may quote short extracts with clear attribution to Ashtrees Cuts LLC. You may not copy the design wholesale, republish the content as your own, or use the Ashtrees Cuts name in a way that suggests endorsement or affiliation without written permission.
11. Third Party Components
Our work may incorporate or connect to third party software, platforms, hosting or hardware. Those components are provided under the terms of their own suppliers, and we do not control their availability, performance or pricing. While we will help resolve issues that arise within our own work, we are not responsible for failures, changes or discontinuation of third party components outside our control. Clients are responsible for obtaining and maintaining any third party licences required for their own use.
12. Warranties and Disclaimers
We warrant that we will perform our services with reasonable skill and care and in a professional manner. We will correct any defect in our work that is reported within thirty days of delivery, at no additional charge, provided the defect is not caused by client modification, third party changes or misuse.
Except for the warranty stated above, and to the fullest extent permitted by law, the website and our services are provided as available, without further warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that any system will be free from interruption or error, since all technology depends on environments beyond our control.
13. Limitation of Liability
To the fullest extent permitted by law, the Company will not be liable for any indirect, incidental, special, consequential or punitive loss, nor for loss of profit, revenue, data, goodwill or business opportunity, even if we have been advised that such loss is possible.
Our total aggregate liability arising out of or in connection with any engagement is limited to the total fees actually paid by the client to the Company for the twelve months preceding the event giving rise to the claim. Nothing in these terms excludes or limits liability that cannot be excluded or limited by applicable law, including liability for fraud or for death or personal injury caused by negligence.
Each party acknowledges that the fees charged reflect the allocation of risk set out in these terms and that the fees would be materially higher if that risk were assumed in full by the Company. The limitations in this section apply whether the claim is framed in contract, tort, statute or otherwise, and they survive the termination of any engagement.
14. Indemnity
Each party agrees to indemnify and hold the other harmless against third party claims, losses, damages and reasonable costs arising from that party breach of these terms, from that party negligent or unlawful conduct, or from that party infringement of a third party intellectual property right. A party seeking indemnity must give prompt notice of the claim and reasonable cooperation in its defence. The indemnifying party may control the defence, provided that it does not settle any claim in a way that imposes an admission or obligation on the other party without consent.
15. Term and Termination
An engagement continues until the agreed work is complete or until it is terminated under this section. Either party may terminate an engagement for convenience on thirty days written notice, in which case the client pays for work performed and for any non-cancellable commitments incurred up to the termination date.
Either party may terminate immediately if the other commits a material breach and fails to remedy it within fifteen days of written notice, becomes insolvent, or enters into administration or liquidation. On termination, the client pays all amounts due for work performed, and we return or delete Client Data according to the agreed terms. Clauses dealing with confidentiality, intellectual property, liability, indemnity and governing law survive termination.
16. Force Majeure
Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control, including natural disaster, war, civil unrest, epidemic, widespread network or utility failure, or the act of a public authority. The affected party must give notice of the event and use reasonable efforts to resume performance. If the event continues for more than sixty days, either party may terminate the affected work on written notice without further liability for the unperformed portion.
17. Governing Law and Disputes
These terms and any engagement under them are governed by the laws of the State of Utah, United States, and applicable federal law, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah for any dispute that cannot be resolved amicably.
Before starting formal proceedings, the parties agree to attempt to resolve any dispute in good faith through discussion between senior representatives. If that discussion does not resolve the matter within thirty days, either party may proceed to formal resolution. Nothing in this section prevents either party from seeking urgent injunctive relief where necessary.
The parties agree that any dispute will be resolved on an individual basis and not as part of a class, collective or representative action. Each party bears its own costs of negotiation and resolution. Where a party substantially prevails in formal proceedings, the prevailing party may seek its reasonable legal costs to the extent the applicable tribunal allows.
18. Changes to These Terms
We may update these terms from time to time to reflect changes in our services, in technology or in the law. When we make a material change, we will update the effective date shown at the top of this page. The terms in force at the time an engagement begins continue to govern that engagement unless the parties agree otherwise in writing. Continued use of the website after an update constitutes acceptance of the revised terms for website use.
19. Contact Information
Questions about these terms, or notices given under them, should be sent to the following details.
Email: support@ashtreescuts.mom
Telephone: +15058872919
Postal address: Ashtrees Cuts LLC, 6673 W Hunter Mesa Dr, West Valley City - 84128-1235, United States (US)
20. General Provisions
These terms, together with any signed proposal or statement of work and our privacy policy, form the entire agreement between the parties on their subject matter and replace any earlier understanding. If any provision is found to be unenforceable, the remaining provisions continue in full force and the unenforceable provision is replaced by an enforceable one that best reflects the original intent.
A failure to enforce any right on one occasion is not a waiver of that right on a later occasion. Neither party may assign an engagement without the written consent of the other, except to an affiliate or in connection with a merger or sale of substantially all assets. Nothing in these terms creates a partnership, joint venture or employment relationship between the parties. Notices must be in writing and are effective when delivered to the contact details given above or to the most recent address supplied by the receiving party.