Acceptance of These Terms

By accessing this website, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service together with our Privacy Policy, which is incorporated into these terms by reference. If you do not agree to any part of these terms, you should not use our website or engage our services.

These terms apply to all visitors, users, clients, and others who access or use the website. We reserve the right to change, modify, suspend, or discontinue any part of the website or services at any time, with or without notice.

About Our Services

Banyan ESD, LLC is a professional environmental site design and consulting firm. Our services include stormwater management design, native planting plans, erosion and sediment control, wetland delineation support, green infrastructure retrofit, and permitting and regulatory guidance. We serve clients in the United States and work on a wide range of residential, commercial, and municipal projects.

The services we provide are professional, technical, and advisory in nature. Unless we enter into a separate, signed written agreement specifying otherwise, our work is delivered on a consulting basis, and final engineering responsibility for any project affecting public health or safety remains with the appropriately licensed professionals coordinating that project.

We bring to each project a working knowledge of stormwater science, native plant ecology, erosion control, and the permitting landscape, and we adapt our guidance to the specific ground we find on site. No two projects are alike, and our recommendations are always tailored to the conditions before us rather than drawn from a fixed template.

Compensation for Services

Unless otherwise stated in a signed agreement between the client and Banyan ESD, LLC, compensation for our services is determined on the basis described in our proposal, estimate, or invoice. Fees may be based on an hourly rate, a fixed fee, or a combination, and any applicable expenses will be billed as described at the time the work is proposed.

All fees and expenses are stated in United States dollars. We will provide a written proposal or estimate before commencing substantial work, and the rates and scope described there will govern the engagement unless the parties later amend them in writing.

Payment, Invoicing, and Deposits

We issue invoices for services rendered. Payment is due within the number of days specified on the invoice, which is typically fifteen days from the date of the invoice unless the parties agree otherwise. For larger projects, we may request an initial deposit or progress payments, as stated in the proposal.

If payment is not received when due, we may suspend work on active engagements, place pending deliverables on hold, and charge interest at the maximum rate permitted by law on the outstanding balance. Client requests that require additional work beyond the agreed scope may be billed at our then-current hourly rate.

Scope of Engagement

Each project is defined by the scope described in its proposal, estimate, or agreement. Our work is performed for the specific purposes described and for the benefit of the client named in that agreement. Deliverables may not be relied upon by any other party without our prior written consent.

We will notify the client promptly if, during the course of the work, we identify conditions that fall outside the agreed scope and that may materially affect the project or its costs. Additional work undertaken as a result will be treated as an extension of the engagement under these terms.

Client Responsibilities

To allow us to perform our work efficiently, the client agrees to provide accurate and complete information about the site, the project, and any relevant history, and to make reasonable efforts to grant us access to the site and to relevant documents, records, and personnel. The client is responsible for obtaining any permits or approvals required for its own project activities.

The client agrees to review our deliverables and provide timely feedback. We rely on the information the client provides, and we cannot be responsible for the consequences of providing inaccurate, outdated, or incomplete information.

We also ask that the client identify a single point of contact for the duration of the project, so that questions and decisions flow through one clear channel. A steady contact helps keep the schedule moving and avoids the slowdowns that come from scattered instructions. If that person changes, the client agrees to let us know promptly so our communications stay on track.

Acceptable Use of the Website

You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the site. Prohibited conduct includes attempting to gain unauthorized access to any part of the site, interfering with its operation, transmitting harmful code, and using automated tools to scrape or harvest data without authorization.

You may not use our website to send unsolicited messages, to distribute malicious software, or to impersonate any person or entity. We reserve the right to restrict access to the site to any person who engages in conduct that we reasonably consider unacceptable.

Intellectual Property Rights

All content on this website, including text, graphics, logos, images, and the overall design, is the property of Banyan ESD, LLC or its licensors and is protected by intellectual property laws. The design documents, plans, reports, and other materials we create for a project are our professional work product.

Subject to payment of the fees for that engagement, we grant to the client a non-exclusive license to use the deliverables we produce for the specific project for which they were created. The client may not alter our deliverables in a way that misrepresents our work or implies our endorsement without our consent. Our designs and professional marks may not be used without permission.

Third-Party Content and Links

Our website may contain links to third-party websites and resources. These links are provided for your convenience only, and we do not control and are not responsible for the content, products, services, or practices of any third party. Following a link from our site to another site is at your own risk.

References to third-party products, standards, or publications on our site are informational only and do not constitute an endorsement unless we say so expressly.

Limitation of Liability and Disclaimer

The information on this website is provided on an as is and as available basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We make no representation that the content is complete, accurate, or current, and we do not guarantee that the site is free of errors or interruptions.

To the fullest extent permitted by law, Banyan ESD, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, business, or goodwill, arising out of or in connection with your use of the website or our services, even if we were advised of the possibility of such damages. Our total aggregate liability arising from any claim related to our services or website shall not exceed the amount you paid to us for the specific services giving rise to the claim.

Nothing in this section limits or excludes liability that cannot be limited or excluded under applicable law. In particular, we do not limit liability for fraud, for willful misconduct, or for any death or personal injury caused by our negligence. Where any term in this section is found to be unenforceable, the remainder of the term and the rest of these terms will continue in full effect.

Indemnification

You agree to indemnify, defend, and hold harmless Banyan ESD, LLC, its officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or in connection with your use of the website, your violation of these terms, or your violation of any rights of a third party.

This indemnification obligation survives the termination of these terms and your use of the website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Confidentiality

During an engagement, each party may share confidential business and project information with the other. Both parties agree to keep such information confidential, to use it only for the purpose of the engagement, and to disclose it only to those employees and contractors who need it to perform the work and who are bound to keep it confidential.

These confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, that was known to the receiving party prior to disclosure, or that is required to be disclosed by law.

Environmental and Site Safety

Environmental site design work may involve visiting undeveloped land, working near water, or encountering natural hazards. Before any site visit, the client agrees to disclose known safety risks and conditions on the property. Our staff will follow reasonable safety practices, but the client remains responsible for maintaining a reasonably safe environment at its site.

Nothing in these terms creates an obligation for us to perform work that conflicts with applicable law or that we reasonably believe would endanger persons or property. We may decline or pause work, with appropriate notice, if a site condition presents an unreasonable hazard that has not been resolved to our reasonable satisfaction.

When we visit a property, we coordinate with the client and any other parties at the site ahead of time. We value the courtesy of a clear point of contact, and we keep that person informed of our arrival, our activities, and any concerns we notice while we are there.

Professional Standard of Care

Banyan ESD, LLC performs its services with the degree of skill, care, and diligence that a reasonably competent professional would exercise under similar circumstances in the same region. Our work is grounded in current professional methods, and we keep ourselves informed of evolving practice and regulation relevant to environmental site design.

Because our services involve predictions about natural systems, no professional can guarantee a specific future outcome, such as the absence of all runoff or the perfect survival of every plant. We promise our best professional care, honest advice, and a willingness to stand behind the quality of our work, without offering guarantees that are not within any professional control.

Governing Law

These Terms of Service and any disputes arising out of or in connection with them, including any engagement between you and Banyan ESD, LLC, shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict-of-law principles.

Any claim or legal action related to our website or services must be brought within the time period required by applicable law and otherwise in the venue described in the dispute resolution section below.

Dispute Resolution

We value a good working relationship and hope that most concerns can be resolved through direct and open communication. Before initiating any formal proceeding, the parties agree to make a good-faith effort to resolve any dispute informally by exchanging written descriptions of the issue and discussing possible resolutions.

If a dispute cannot be resolved informally, the parties agree that, to the fullest extent permitted by law, any claim brought by a client shall be resolved exclusively in the state or federal courts located in the State of Utah, and the client consents to the jurisdiction of those courts. Each party shall bear its own legal costs in any such proceeding unless prevailing law provides otherwise.

Termination or Suspension

Either party may terminate a project engagement upon written notice, subject to payment for work performed up to the date of termination and reasonable reimbursement for commitments made on the client behalf. Upon termination, we will hand over deliverables completed to date and any project materials that belong to the client, subject to payment.

We may suspend or terminate a client access to our website immediately if we believe the client has violated these terms in a material way. Sections of these terms that by their nature should survive termination, including intellectual property, indemnification, confidentiality, and governing law, shall so survive.

Amendments to These Terms

We may revise these Terms of Service from time to time. When we do, we will update the effective date at the top of this page and post the revised terms here. The most current version will always govern your use of the website.

For engagements already in progress, the terms in effect at the time written work is proposed shall govern that engagement unless the parties otherwise agree in writing. Your continued use of the website after changes take effect constitutes acceptance of the revised terms.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any signed project agreement, constitute the entire agreement between you and Banyan ESD, LLC regarding your use of the website and the provision of services. These terms supersede any prior agreements, proposals, or understandings, whether written or oral, relating to those matters.

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The failure of either party to enforce any provision of these terms shall not be deemed a waiver of that provision or of any other right under these terms.

Contact Information

If you have any questions about these Terms of Service, please contact us by email at order@banyanesd.lat, by telephone at +13317029368, or by mail at Banyan ESD, LLC, 6550 S Millrock Dr Ste 175, Holladay - 84121-4056, United States (US).

Thank you for taking the time to understand the terms that govern your relationship with Banyan ESD, LLC. We look forward to working with you on your next project.