Service Terms & Conditions
These Terms and Conditions ("Terms") are entered into by and between Oasis Evaluation, LLC, a Florida Limited Liability Company ("Company," "Oasis Evaluation LLC," "We"), and users, customers, and visitors ("You") of our application, website, or services ("Services"). By accessing or using the Services, you agree to comply with and be bound by these Terms.
NOTE:
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT RENDER PAYMENT OR MAKE YOUR APPOINTMENT
1. Changes to Terms
1a. The Company reserves the right to modify these Terms at any time at our sole discretion.
1b. If changes are made, we will provide notice via email, through the Services, or by updating the "Last Updated" date.
1c. Continued use of the Services constitutes acceptance of the revised Terms.
2. Services Provided
2a. We provide soil classification, optimized OSTDS placement, pursuant to rules set forth by
DEP 62-6 application document preparation, and environmental impact studies (ECR's), Wetland delineation, Environmental Clearance Reports (ECR) Water testing for CO's (Certificate of Occupancy) upon customer solicitation.
2b. These services assist with compliance but do not include physical installations or permit issuance from local agencies.
3. Professional and Regulatory Compliance
3a. We strictly adhere to the most recent OSTDS regulations, including Chapter 381, Florida Statutes, Section 381.0065, and Chapter 64E-6, Florida Administrative Code.
4. Application Validity and Amendments
4a. OSTDS permit applications are valid for six months from the initial site visit.
4b. Applications will not be amended post-submission unless there are regulatory changes or significant errors.
5. Customer and Contractor Responsibilities
5a. Customers are responsible for engaging local health departments and maintaining compliance with regulations.
5b. Contractors are responsible for proper site preparation and identifying potential issues.
6. Fees and Payment
6a. All service fees must be paid in full prior to commencement of services. No work will begin until full payment is received.
6b. We reserve the right to adjust fees at any time due to operational costs, including but not limited to increases in fuel, labor, or material costs.
7. Liability and Limitations
7a. Oasis Evaluation LLC’s liability is strictly limited to the amount paid by the customer for the specific Services provided.
7b. Under no circumstances shall Oasis Evaluation LLC be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to lost profits, loss of data, or any business interruption, whether arising in contract, tort, or otherwise, even if advised of the possibility of such damages.
7c. We are not liable for delays or costs caused by uncontrollable events such as weather, regulatory changes, misguiding, misinformation lack of documentation not provided by customers.
8. Re-visitation Fees
8a. Additional visits, such as re-shooting elevations, new benchmark placement which have not been altered by the company, on site consulting, will incur additional fees due.
8b. These fees and the scheduling will be communicated.
9. Intellectual Property and User Conduct
9a. All content on the Services is owned by or licensed to the Company.
9b. Users must not infringe on intellectual property rights or violate these Terms.
10. Dispute Resolution
10a. Disputes under these Terms will be resolved through arbitration in Florida under the conditions outlined in the Terms.
10b. You agree to contact us with any complaints before seeking arbitration.
11. General Provisions
11a. These Terms constitute the entire agreement between you and the Company regarding the use of the Services.
11b. If any part of these Terms is deemed invalid, the remaining provisions will remain in effect.
12. Scope of Services
12a. We specialize in preparing and submitting applications for the placement of On-Site Treatment and Disposal Systems (OSTDS).
12b. Our services do not include the physical installation of septic systems.
13. Application Modifications
13a. Modifications may be necessary due to changes in site specifications or customer changes of floor plans additional fees if not communicated on initial solicitation will incur in additional fees.
13b. We will only revise applications if requested by the Department of Health or if significant compliance issues arise.
14. Limitation on Re-Drafts
14a. Re-drafts of submissions are only permitted when requested by the Department of Health.
14b. Additionally, re-drafts may be allowed if compliance issues arise.
15. Building Setbacks, Site Observations, and Environmental Changes
15a. Building setbacks are not factored into OSTDS planning during site visits.
15b. It is the customer's responsibility to notify us of any changes, including water flow alterations.
15c. Access to Private Residences we will not access private residences without permission.
15d. Under Florida Statutes §810, it is unlawful to enter private property without consent.
16. Scope of Investor Reports
16a. Investor reports include environmental impact evaluation, evidence of possible wetland presence, utility service providers, what could be developed, and development compliance assessment.
16b. Customers acknowledge that these reports are for informational purposes only and do not constitute financial or legal advice.
17. Environmental Clearance Reports (ECR)
17a. ECRs provide an environmental assessment of the site.
17b. If wetlands are present, additional wetland delineation services may be required at an extra cost.
17c. Site Visit Code Compliance
17d. We strictly adhere and comply with Chapter 62-340 F.A.C. and Army Corps of Engineers guidelines in conducting site assessments.
17e. Our scientific assessments adhere to regulatory standards and scientific judgment.
18. Non-Interference with Employees
18a. Customers are advised not to interfere with the duties and responsibilities of Oasis Evaluation LLC employees while they are performing services on-site, this takes time away from other customers that are waiting for our services and further delays your application and arrival to the next customer. Any questions should be asked after completion of the site visit, calling our office.
18b. Interference includes, but is not limited to, giving unsolicited instructions, attempting to direct or modify the scope of work, or engaging in behavior that disrupts the workflow, time or the ability of our employees to perform their tasks effectively.
18c. Any concerns or inquiries regarding the services being provided should be directed to Oasis Evaluation LLC management or customer service, rather than individual employees on-site.
18d. In the event of extended customer interference, Oasis Evaluation LLC reserves the right to suspend or terminate the services without refund, and the customer may be responsible for any additional costs or delays caused by such interference.
19e.Excessive Callbacks and Update Requests
18e. Oasis Evaluation LLC strives to provide timely updates regarding the progress of services.
Our company aims to keep our workflow fast, concise, consistent, and seamless. However, repeated or excessive calls, emails, or other forms of communication requesting updates beyond what is reasonably necessary will result in unnecessary setbacks affecting the performance and efficiency of our services.
18f. Customers will receive updates according to the service date on your invoice and communication schedule set by the Company. Any requests for additional updates outside of this schedule should be made through appropriate channels (mystatus@oasisevaluationfl.com), with parcel address, and name. Our team keeps close attention to this email providing our customers with the most up to date information.
18g. Repeated or excessive callbacks requesting updates that disrupt our workflow will result in delays, and Oasis Evaluation LLC is not liable for any delays caused by such interference.
18h. If excessive communication continues, Oasis Evaluation LLC reserves the right to suspend or terminate services, with no obligation to refund payments for work already completed.
19. Extended Descriptions of Services
19a. Our services extend beyond OSTDS Services which can include include water testing, plot plan drafting, Development planning consultation, Gopher relocation, Gopher location reports, muck tests, investor reports.
20. Pricing Policies
20a. Prices may vary due to fluctuations in fuel costs, weather conditions, site accessibility, or other conditions.
20b. Price changes will be communicated to customers.
20c. Invoice Expiration and Payment Requirements
21d. Invoices must be paid within five hours of issuance to confirm appointments.
21e. Failure to make timely payments will result in automatic cancellation.
21. Refund and Postponement Policies
21a. Refunds are available for cancellations made 48 hours in advance and are subject to a 20% service scheduling fee.
22b. Postponement due to incomplete documents will result in rescheduling.
23c. Postponement due to unpaid invoice will result in rescheduling site visit.
22. Unpaid Invoices and Suspension of Services
22a. Invoices must be paid upon receipt.
22b. Invoices unpaid beyond 24 hours will incur 3% late fees.
22c. Services may be suspended until the outstanding balance is paid.
23.Lien Rights
23a. We may file a mechanic’s lien under Chapter 713, Florida Statutes for unpaid invoices.
24.Customer Obligations and Liability of Hazards Notification
24a. Customers must inform the Company of hazards or site access conditions, such as overgrown vegetation or locked gates, before services commence.
24. Testing and Damage to Customer Property
24a. Oasis Evaluation LLC is fully insured to conduct all services, including testing and site evaluations. However, we are not liable for any damage to or destruction of customer property during testing unless the customer provides prior written notice identifying specific areas or items as 'Do Not Destroy or Damage' prior to the commencement of services.
24b. If such prior written notice is provided and acknowledged by Oasis Evaluation LLC, we will take additional precautions to protect the specified areas or items. Notwithstanding our insurance coverage, any claims for damages must be consistent with the limitations set forth in this clause and will be reviewed in accordance with the terms of our insurance policy.
25. Waiver of Liability for Phone Payments
25a. Customers must always sign a Waiver of Liability before remitting phone payments.
25b. This waiver acknowledges that the customer understands and agrees to the terms of remote transactions. And will only be used for the payment of our services.
26. Acknowledgment of Terms Upon Payment
26a. By making payment, customers acknowledge their acceptance of these Terms under Florida Statutes Chapter 672 and Chapter 725.
27. Content Rights and Limited License
27a. Customers are granted a limited, non-sublicensable license to use the Services' content for personal use.
28. Finished Floor Elevations (FFE)
28a. Oasis Evaluation LLC does not and will not provide Finished Floor Elevation (FFE). Determining FFE is the sole responsibility of a licensed surveyor or civil engineer. Under no circumstances will Oasis Evaluation LLC be involved in calculating, determining, or verifying Finished Floor Elevations for any project.
28b. Customers are explicitly advised to engage the services of a licensed surveyor, civil engineer or Arquitect for FFE-related matters. Any inquiries regarding FFEs should be directed to the appropriate professionals, as Oasis Evaluation LLC will not provide guidance, recommendations, or input regarding FFEs.
28c. Non-Negotiable Policy: Requests for FFE information or assistance will not be entertained, and any attempts to include FFE services in our scope of work will be automatically declined. Oasis Evaluation LLC will not assume any liability for issues arising from the lack of FFE data, including but not limited to delays, additional costs, or project complications.
28d. Customers acknowledge that FFEs are a critical component typically determined by licensed professionals and required for specific project approvals, such as floodplain management, drainage systems, or foundation planning. Oasis Evaluation LLC is not responsible for any consequences resulting from a failure to obtain proper FFE documentation.
28e. Finished Floor Elevation (FFE) Continued; The Finished Floor Elevation (FFE) must not be based solely on the Onsite Sewage Treatment and Disposal System (OSTDS) benchmark. The FFE must adhere to all applicable site benchmarks, local building codes, and floodplain management standards. Failure to comply with these elevation requirements may result in severe drainage issues, structural damage, non-compliance with building regulations, and financial penalties. The contractor is solely responsible for ensuring the FFE meets all regulatory and safety standards. Any deviation will result in legal and financial liability. Basing FFE only on the OSTDS can lead to inadequate flood protection, poor drainage, non-compliance with local building codes, and potential penalties. Proper elevation, drainage, and adherence to all relevant codes are essential for structural integrity and regulatory approval. Oasis Evaluation LLC is not responsible for any consequences resulting from basing the customers FFE from our OSTDS provided site benchmark.
29. Responsibility for Contractor Non-Compliance with proposed Septic Installation Plan
29a. Oasis Evaluation LLC’s responsibility ends with the submission of the approved plans and permit application. It is solely the contractor’s responsibility to thoroughly review, comprehend, and follow the precise instructions and requirements outlined in the permit provided by the agency and provided documentation. Under no circumstances will Oasis Evaluation LLC be liable for any installation errors caused by the contractor’s failure to comply with the submitted and approved plans.
29b. Contractor Accountability: If the contractor installs the septic system in a manner inconsistent with the approved design or deviates from the requirements in the permit, the responsibility for non-compliance rests entirely with the contractor. Immediate action is required: The contractor must contact the Regulating Agency immediately to address and rectify any discrepancies. Oasis Evaluation LLC will not intervene or bear any liability for errors resulting from the contractor’s negligence or failure to follow the approved plan.
30. Customer’s Obligation:
30a.A copy of the septic system application and associated plans is always provided to the customer. It is the customer’s non-negotiable obligation to ensure that the contractor receives and reviews this documentation prior to installation. Failure of the customer to provide these documents to the contractor is not, under any circumstances, the fault or responsibility of Oasis Evaluation LLC. Any resulting installation errors, delays, or additional costs due to the customer’s negligence in this regard will not be the Company’s responsibility.
30b. Strict No Liability Policy for Non-Compliance: Oasis Evaluation LLC expressly disclaims any and all liability for issues, costs, regulatory actions, or delays that arise due to:
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The contractor’s failure to follow the approved submitted plans and issued permit.
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The customer’s failure to provide necessary provided documents to the contractor.
Once plans are provided, the responsibility for compliance rests entirely with the contractor and customer.
30c. Mandatory Regulatory Contact: If an installation error or deviation occurs due to the contractor’s failure to follow the permit or the provided plans, the contractor must immediately contact the Florida Department of Health to resolve the issue in accordance with state regulations. Oasis Evaluation LLC will not provide assistance in cases of non-compliance due to contractor negligence.
31. Permitting Responsibility and Application Facilitation
31a. Oasis Evaluation LLC does not issue permits. Our role is strictly to facilitate the permit application process by assessing the present soils preparing and submitting the required necessary documentation in an easy to interpret documentation for the agency and contractor. These documents are required by the governing agencies, such as the Department of Environmental Protection, Florida Department of Health or other relevant authorities.
31b. Application Facilitation: Oasis Evaluation LLC undertakes the majority of the preparatory work involved in the application process, including site assessments, soil classification, and necessary documentation. This facilitation is intended to streamline the permit application process for the customer, ensuring that the documents submitted meet the regulatory requirements.
31c. No Authority Over Permit Issuance: The actual issuance of permits is solely the responsibility of the respective government agency. Oasis Evaluation LLC has no authority or influence over the approval or denial of permit applications and does not have access to the permits once they are submitted to the agency.
31d. Customer’s Responsibility: Once the application is submitted by Oasis Evaluation LLC, it is the customer’s responsibility to follow up with the permitting agency for status updates or issues regarding the issuance of the permit. We do not track or control the permitting process after submission.
32. No Liability for Permit Decisions:
32a.Oasis Evaluation LLC is not responsible for the outcome of the permit application, including any delays, denials, or conditions placed on the permit by the issuing agency. The final decision rests solely with the permitting authority, and we make no guarantees regarding the timeframe or outcome of the permit approval.29. Dispute Resolution and Governing Law
33. Disputes:
33a. All disputes arising out of or related to these Terms, or the Services will be resolved through binding arbitration administered by JAMS, pursuant to its Comprehensive Arbitration Rules. Arbitration will take place in Florida. You expressly waive the right to participate in class actions or other representative proceedings.
33b.These Terms, and any disputes arising therefrom, shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Exclusive jurisdiction for any court proceedings will be in Florida.
Oasis Evaluation LLC
4696 US HWY. 27 S
SEBRING FL, 33870
(863) 212-8048
(813) 723-0561