These Terms and Conditions (“Terms”) govern your use of the services provided by Axis Digital Land Survey and Consultancy (“Axis,” “we,” “us,” or “our”). By engaging with our services, you agree to be bound by these Terms.

1. Introduction

Axis Digital Land Survey and Consultancy, based in Kottayam, Kerala, provides digital land surveys, consultancy, and related services to engineers, civil contracting firms, and government bodies. These Terms outline the rights and obligations between Axis and its clients.

2. Definitions

• “Client,” “You,” “Your”: Refers to the individual, firm, company, or government body engaging Axis for services.
• “Services”: Refers to digital land surveys, consultancy, GIS mapping, volumetric calculations, DGPS surveys, total station surveys, and any other related services offered by Axis.
• “Deliverables”: Refers to all data, reports, drawings, maps, models, and any other outputs provided by Axis as part of the Services.
• “Project Site”: Refers to the specific land or area where the Services are to be performed.

3. Scope of Services

The specific scope of services for each project will be clearly defined in a separate proposal, quotation, work order, or contract agreed upon by both Axis and the Client. Any changes or additions to the scope of services must be agreed upon in writing by both parties.

4. Client Responsibilities

The Client agrees to:

• Provide Accurate Information: Furnish all necessary and accurate information, documents, and access to the Project Site required for Axis to perform the Services. This includes property boundaries, existing surveys, or any known site conditions.
• Site Access: Grant Axis and its personnel safe and timely access to the Project Site for the duration of the Services. The Client is responsible for ensuring the Project Site is safe for Axis personnel and equipment.
• Cooperation: Cooperate fully with Axis in the execution of the Services, including timely responses to requests for information or decisions.
• Permissions and Approvals: Obtain all necessary permissions, licenses, and approvals from relevant authorities or landowners required for Axis to carry out the Services on the Project Site. Axis is not responsible for any delays or costs incurred due to the Client’s failure to obtain such permissions.
• Payment: Make timely payments for the Services as per the agreed-upon payment terms.

5. Fees and Payment Terms

• Quotation/Proposal: All fees for Services will be outlined in a formal quotation or proposal provided by Axis.
• Payment Schedule: Payment terms, including advance payments, interim payments, and final payments, will be specified in the agreed-upon contract or work order.
• Invoicing: Invoices will be issued by Axis as per the agreed payment schedule.
• Late Payments: In the event of late payment, Axis reserves the right to charge interest on overdue amounts at a rate of [Specify Interest Rate, e.g., 1.5% per month or 18% per annum] or as per applicable law, and/or suspend further work until payment is received.
• Taxes: All fees quoted are exclusive of applicable taxes (e.g., GST), which will be added to the invoice where required by law.

6. Deliverables and Intellectual Property

• Ownership of Deliverables: Upon full payment for the Services, ownership of the specific Deliverables generated for the Client will transfer to the Client.
• Axis Intellectual Property: Axis retains all intellectual property rights in its methodologies, software, tools, and general know-how used in providing the Services.
• Use of Deliverables: The Client may use the Deliverables for their intended purpose within the scope of the Project. Any modification, resale, or distribution of the Deliverables to third parties outside the direct scope of the Project requires prior written consent from Axis.

7. Project Timelines and Delays

• Estimated Timelines: Project timelines provided by Axis are estimates based on the information available at the time of quotation.
• Client Delays: Delays caused by the Client’s failure to provide timely information, access, or approvals may impact project timelines and may incur additional costs.
• Force Majeure: Axis shall not be liable for any delay or failure in performance of the Services due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, strikes, or governmental actions (“Force Majeure Event”). In such an event, both parties will endeavor to find a mutually agreeable solution.

8. Warranty and Disclaimer

• Workmanship: Axis warrants that the Services will be performed with reasonable skill and care in accordance with industry standards applicable in Kerala, India.
• Accuracy: While Axis strives for accuracy, survey data and reports are based on conditions at the time of the survey and may be subject to inherent limitations of surveying technology and site conditions. Axis does not guarantee absolute accuracy or fitness for any purpose beyond the expressly agreed scope.
• Disclaimer: Axis makes no other warranties, express or implied, regarding the Services or Deliverables, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

9. Limitation of Liability

• Maximum Liability: In no event shall Axis’s total aggregate liability to the Client for any claim, loss, or damage arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), or otherwise, exceed the total fees paid by the Client to Axis for the specific Services giving rise to the claim.
• Exclusion of Consequential Damages: Axis shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business, or loss of data, even if advised of the possibility of such damages.

10. Indemnification

The Client agrees to indemnify and hold harmless Axis, its employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in connection with:

• The Client’s breach of these Terms.
• Any third-party claims arising from the Client’s use or misuse of the Deliverables.
• Any damage to Axis’s equipment or property caused by the Client or its representatives on the Project Site.

11. Confidentiality

Both parties agree to keep confidential any proprietary or confidential information obtained from the other party during the course of the Services, except for information that is publicly known, independently developed, or required to be disclosed by law.

12. Termination

Either party may terminate the provision of Services if the other party commits a material breach of these Terms and fails to remedy such breach within [e.g., 30] days of receiving written notice thereof. Upon termination, the Client shall pay Axis for all Services performed and expenses incurred up to the date of termination.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, specifically the laws applicable in the state of Kerala. Any dispute or claim arising out of or in connection with these Terms or the Services shall be subject to the exclusive jurisdiction of the courts in Kottayam, Kerala.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with the specific proposal, quotation, or contract for Services, constitute the entire agreement between Axis and the Client regarding the Services and supersede all prior discussions, negotiations, and agreements, whether oral or written.

16. Contact Information

For any questions regarding these Terms and Conditions, please contact us at:

Axis Digital Land Survey & Consultancy
Opp: Muncipal Children’s Park
Collectorate P.O.
Kottayam-686002

Email: axisurveyors@gmail.com
Phone: +91 9446200979