Diamond Property Services LLC – Terms of Service

Effective Date: July 1, 2025
Company: Diamond Property Services LLC (“Company,” “we,” “us,” or “our”)
Address: 30 N Gould St #51671, Sheridan, WY 82801, USA
Website: www.dpservusa.com
Email: customerservice@dpservusa.com

1. Acceptance of Terms

By engaging Diamond Property Services LLC (“DPS”) for facilities maintenance, repair, or improvement services (“Services”), you (“Client,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not request or use our Services.

2. Description of Services

  1. Maintenance Services: Routine inspection, cleaning, lubrication, adjustment, and replacement of parts to ensure proper operation of equipment and facilities.

  2. Repair Services: Troubleshooting, diagnosis, and restoration of malfunctioning equipment or systems.

  3. Improvement Services: Upgrades, retrofits, or enhancements to existing facilities, including but not limited to electrical, plumbing, HVAC, carpentry, painting, and structural modifications.

Detailed scopes, deliverables, and timelines for each engagement will be set forth in individual Service Orders or Statements of Work (“SOW”) executed by you and DPS.

3. Service Orders & Acceptance

  1. Quotation: DPS will provide a written quote or proposal specifying Services, pricing, and estimated timeline.

  2. Client Approval: A Service Order or SOW signed (or electronically approved) by you constitutes your acceptance and authorizes DPS to proceed.

  3. Modifications: Changes to scope or pricing require written change orders signed by both parties. DPS may charge additional fees for extra work beyond the original scope.

4. Fees, Invoicing & Payment

  1. Fees: Unless otherwise agreed, Services are billed at the rates outlined in the Service Order. Travel time, materials, and third-party costs may be additional.

  2. Deposit: DPS may require a deposit (e.g., 25% of estimated fees) prior to commencing work.

  3. Invoices: Invoices are issued upon completion of Services or as otherwise specified (e.g., monthly progress billing).

  4. Payment Terms: Payment is due within 30 days of invoice date. Past-due balances accrue interest at 1.5% per month (18% APR) or the maximum allowed by law.

  5. Disputes: You must notify DPS of any invoice disputes in writing within ten (10) days of receipt; undisputed amounts remain due.

5. Scheduling & Access

  1. Appointment Scheduling: DPS will coordinate mutually agreeable dates and times. You grant DPS and its personnel reasonable access to the premises and equipment.

  2. Delays & Cancellations: You must provide at least 48 hours’ notice for cancellations or rescheduling. DPS reserves the right to charge a cancellation fee (e.g., 50% of the scheduled labor for notice under 48 hours).

  3. Site Conditions: You are responsible for ensuring a safe work environment, including removal of hazards, provision of utilities, and necessary permits or approvals.

6. Customer Responsibilities

  1. Information: Provide accurate information regarding facility layout, equipment history, and prior maintenance.

  2. Utilities & Permits: Maintain utilities (e.g., power, water) and secure any required permits.

  3. Site Safety: Comply with all applicable safety regulations and notify DPS of any existing hazards (e.g., asbestos, confined spaces). DPS may suspend work if conditions are unsafe.

7. Limited Warranty

  1. Warranty Period: DPS warrants that labor will be free from defects for ninety (90) days from completion. Materials carry only the manufacturer’s warranty.

  2. Exclusions: Warranty does not cover defects due to misuse, abuse, normal wear and tear, acts of God, alteration by others, or conditions outside DPS’s control.

  3. Remedy: DPS’s sole obligation under this warranty is to re-perform defective labor or coordinate material replacement. DPS is not responsible for consequential damages.

8. Limitation of Liability

To the fullest extent permitted by law, DPS’s total liability arising out of or in connection with these Terms or Services shall not exceed the total fees paid by you to DPS under the applicable Service Order. In no event shall DPS be liable for incidental, special, indirect, punitive, or consequential damages, including lost profits or business interruption.

9. Indemnification

You agree to defend, indemnify, and hold DPS and its officers, directors, employees, and agents harmless from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of your negligence, willful misconduct, breach of these Terms, or violation of applicable laws.

10. Confidentiality

Each party shall maintain the confidentiality of the other’s proprietary or confidential information (“Confidential Information”) disclosed in connection with Services and shall not use or disclose it except to perform its obligations or as required by law. Confidential Information excludes information that is publicly known or rightfully received from third parties.

11. Intellectual Property

All intellectual property rights in materials, reports, drawings, specifications, and deliverables provided by DPS remain the property of DPS unless expressly assigned. You are granted a non-exclusive, non-transferable license to use such deliverables solely for your internal facility operations.

12. Term & Termination

  1. Term: These Terms commence on the Effective Date and continue until all Service Orders are fulfilled, unless earlier terminated.

  2. Termination for Convenience: Either party may terminate a Service Order upon 15 days’ written notice; you remain responsible for all work performed and materials ordered.

  3. Termination for Cause: Either party may terminate immediately upon material breach by the other if such breach remains uncured after ten (10) days’ written notice.

  4. Effects of Termination: Upon termination, you shall pay DPS for Services performed through the termination date and any non-cancelable commitments.

13. Force Majeure

Neither party is liable for delays or failures due to causes beyond its reasonable control, including acts of God, fire, flood, strikes, war, government actions, or supply chain disruptions. The affected party shall promptly notify the other and resume performance once the force majeure event ends.

14. Governing Law & Venue

These Terms and any disputes arising hereunder are governed by the laws of the State of Wyoming without regard to conflict-of-law principles. The state and federal courts located in Sheridan County, Wyoming, shall have exclusive jurisdiction and venue.

15. Dispute Resolution

  1. Negotiation: Parties shall attempt in good faith to resolve disputes by escalating to senior management.

  2. Mediation: If unresolved within 30 days, either party may request mediation under the American Arbitration Association Construction Industry Mediation Rules.

  3. Arbitration: If mediation fails, disputes shall be finally resolved by binding arbitration in Sheridan County under the AAA Construction Industry Arbitration Rules. Judgment upon the award may be entered in any court of competent jurisdiction.

16. Amendments

DPS may update these Terms at any time by posting a revised version at www.dpservusa.com/terms. Material changes become effective upon posting; your continued use of Services after that date constitutes acceptance.

17. Severability

If any provision of these Terms is held invalid or unenforceable, the remainder shall remain in full force and effect and the invalid provision shall be replaced by a valid provision that best matches the intent of the original.

18. Entire Agreement

These Terms, together with all executed Service Orders and SOWs, constitute the entire agreement between you and DPS regarding the subject matter and supersede all prior or contemporaneous communications.

Contact Information
For questions or notice under these Terms, please contact:
Diamond Property Services LLC
30 N Gould St #51671
Sheridan, WY 82801, USA
customerservice@dpservusa.com

Thank you for choosing Diamond Property Services LLC. We look forward to serving your facility needs.