terms | Dcms new website

Technical Disclaimer & Service Terms

DCMS NETWORK LLC

These Terms and Conditions (“Terms”) apply to all services, deliverables, proposals, quotations, and communications

issued by DCMS NETWORK LLC

(“DCMS”). By requesting a quote, approving a proposal, or engaging DCMS for any work

or consultation, the Client (“you”) acknowledges and agrees to these Terms.

These Terms govern all written and verbal communications with any member of the DCMS team, including representatives, subcontractors,

and affiliates, and apply to all current and future projects unless otherwise agreed to in writing.

1. Scope of Work

DCMS provides reality capture and existing-conditions documentation services, including LiDAR scanning, 3D modeling, CAD drafting, BIM modeling, and related digital deliverables (“Deliverables”). All Deliverables are intended solely for architectural reference, planning, and coordination and do not constitute legal, engineering, or survey-certified documents.
Proposals are based on the information available at the time of quotation. Any additional requirements, scope changes, or unforeseen conditions may result in revised fees and delivery timelines.

2. Client Responsibilities

The Client must ensure safe and unobstructed access to all areas requiring scanning.
A qualified site contact must be present to direct DCMS personnel and confirm scope.
The Client must remove ceiling tiles, furniture, or other obstructions that may block scanner visibility.
DCMS is not responsible for any areas that cannot be scanned due to access restrictions, locked spaces, or unsafe conditions.
The Client should provide any available site drawings or models prior to mobilization to support data alignment and accuracy.

Delays, remobilizations, or additional site visits caused by client inaction or site inaccessibility may incur additional charges.

3. Field Conditions and Assumptions

Scanning accuracy depends on line-of-sight visibility and the performance of the technology used. Environmental conditions such as lighting, vibration, and surface reflectivity can affect results. Some areas or elements may be partially obstructed, resulting in natural gaps in the scan data.
Exterior scanning may be postponed due to inclement weather or unsafe conditions. Unless otherwise specified, scanning is performed from ground level only; the use of lifts, drones, or elevated access requires prior agreement.

4. Deliverables

Deliverables may include point clouds (.e57, .rcp, .las), CAD drawings (.dwg, .dxf), or Revit models (.rvt), as specified in the approved scope. All data is aligned according to DCMS standard coordinate practices, unless alternate alignment or control is explicitly requested prior to scanning. Requests for re-alignment, format conversions, or reprocessing after delivery will be billed on a time-and-material basis.

5. Revisions and Corrections

Standard projects include one round of minor corrections for inconsistencies directly attributable to DCMS. Additional revisions, format conversions, or rework caused by client changes, incomplete site data, or interpretive preferences will be quoted as additional services.
Deliverables are deemed final and accepted if no revision request is submitted within five (5) business days of delivery.

6. Payment Terms

All pricing and terms are specified in the corresponding proposal or invoice.
Unless otherwise agreed in writing, payment is due in full upon delivery of final deliverables.
DCMS reserves the right to withhold final files until all payments are received.
Rescheduling within 48 hours of a confirmed field date may incur a 30% surcharge.
Cancellations after mobilization may result in a charge of up to 50% of the project total.
Late payments may accrue interest as permitted by applicable law.

7. Ownership and Use of Data

The Client retains ownership of their property data and materials.
DCMS retains ownership of all raw scans, intermediate models, and point clouds until full payment is received.
Upon payment, the Client is granted a non-exclusive, perpetual license to use the final deliverables for internal reference and coordination purposes.
Deliverables may not be resold, sublicensed, or reused by third parties without written authorization.
DCMS reserves the right to use anonymized data or visuals for training, quality control, or marketing, unless the Client opts out in writing.

8. Accuracy and Limitations

All Deliverables represent conditions as captured at the time of scanning. The Client acknowledges that:

LiDAR data includes inherent tolerances and is subject to environmental limitations.
Deliverables are not suitable for legal boundaries, staking, or construction layout without independent verification.
Minor gaps, misalignments, or shadows in the data are normal and expected in complex environments.
DCMS is not responsible for any changes to site conditions or for third-party interpretation or modification of the data.

9. Liability and Indemnification

DCMS provides all services and Deliverables “as is”, without warranty of suitability for any specific use. To the maximum extent permitted by law, DCMS’s total liability shall not exceed the total amount paid by the Client for the specific project. DCMS shall not be liable for delays due to site access, unsafe conditions, or client inaction; errors caused by third-party software, conversions, or integration; or indirect, incidental, or consequential damages arising from the use of its Deliverables.
The Client agrees to indemnify and hold harmless DCMS NETWORK LLC against any claims, losses, or damages arising from the use or misuse of its Deliverables.

10. Confidentiality

All client information, site data, and project files are treated as confidential and securely stored. DCMS does not share client data with third parties without prior consent. Confidentiality obligations remain effective indefinitely.

11. Governing Law

These Terms are governed by the laws of the State of Florida, USA (or Delaware, where applicable). Any disputes shall first be subject to good faith negotiation and non-binding mediation prior to litigation. Exclusive jurisdiction shall rest with the courts of the State of Florida.

12. Applicability and Updates

These Terms apply to all proposals, services, and communications issued by DCMS NETWORK LLC. DCMS may update these Terms at any time; the latest version will be available at www.dcmsnetwork.com/terms. Engagement with DCMS, including any form of communication or quotation, constitutes acceptance of these Terms.

DCMS NETWORK LLC

info@dcmsnetwork.com