Terms & Conditions

UDMS, LLC
Terms and Conditions

The terms and conditions below will act as a legal agreement between you and UDMS LLC. An Indiana LLC. PLEASE READ THE ENTIRE AGREEMENT BEFORE USING THE Beyond 811 APPLICATION OR SERVICES.

Your use of the Beyond 811 application or services constitutes your agreement and understanding to be bound by these Terms and serves as a contract between you and UDMS LLC. If you are not in agreement with these Terms you are not granted access to the Beyond 811 apps or services. UDMS reserves the right to cancel this agreement at any time for any reason.

UDMS will from time to time update or edit these terms. Any revisions of these terms will be posted to the agreement on the UDMS website and shall supersede any previous terms or conditions.

The Beyond 811 app DOES NOT PROVIDE locating services. Beyond 811 provides a service consisting of a web-based platform where a person seeking utility can be linked to a third-party utility locator to provide the service. Through the Beyond 811 app, a customer can request and schedule as well as pay for services and the third-party locator can accept the request and be paid for supplying the service. You acknowledge that the locating services are provided to customers by an independent third-party locator that is in no way employed by or controlled by Beyond 811. Cash payment for services is prohibited.   All bookings must be paid through the app with a credit/debit card on file. 

Upon acceptance and compliance of the entire terms and conditions described herein, UDMS shall grant you a non-exclusive, revocable, limited license to access and use the Beyond 811 app on your computer or personal mobile device for personal, non-commercial use limited to your use of our service. 

You are not entitled to remove, reproduce, modify, distribute, lease, sell, resell, transfer, license, display or otherwise use the service except as permitted by this agreement. You may not use any information about or derived from Beyond 811 apps for any purpose other than using the service unless written permission is expressly granted. All rights and services therein will remain the sole property of UDMS. These terms or your use of service do not entitle you to any rights related to service except for the limited license granted by this agreement. 

To use the Beyond 811 app you must register as a user through the app or website. You must provide ALL information requested on the user application to be granted access to the service. You must update and keep current all information including but not limited to payment information on your account. You will be solely responsible for all activity on your account including secrecy and privacy of account information and security passwords. You may be asked for proof of identity before services are rendered. If you do not comply you may be denied service.

This account is non-transferable. All applicable conditions and laws must be complied with at all times. Including but not limited to the use of service for only lawful purposes. You may not use this service to cause inconvenience, annoyance, property damage or any other acts deemed to be intolerable to any person or property whether related to this service or not. 

When creating a user account you agree to receive communication from UDMS LLC whether for the use of services requested or for survey or promotional reasons. This communication may be through text messages, email or phone. 

For use of Beyond 811 apps and services, the user must maintain their data network access. If any text or data rates apply they are the sole responsibility of the user and UDMS is not liable for any charges to the user. UDMS will not be held liable for any failures of communications whether on the UDMS service site or on the Beyond 811 app.

Upon request for services, the user will be quoted the estimated applicable price for the services predetermined and agreed to by the third-party provider. By proceeding with the request the user agrees to the estimated price including any on-site changes in time or bookings. Customers will book with 50% of the payment paid in advance. The payment will be collected by UDMS on behalf of the third-party service provider through the payment method provided by the user on their Beyond 811 account. All payments are due and payable upon completion of the requested services. All charges are final and non-refundable unless deemed otherwise by UDMS. All cancellations for requesting the services must occur before the third-party provider arrives at the requested Job Site. The initial deposit will be non-refundable after arrival. Each service provider is approved or rejected by UDMS for the Beyond 811 app.  Our policy is no provider is accepted with less than 3 years of experience or without the needed licences or permits required. 

DISCLAIMER

ALL OF Beyond 811 SERVICES ARE OFFERED ON AN AS AVAILABLE SERVICE. UDMS CLAIMS NO WARRANTIES, IMPLIED OR OTHERWISE, UNLESS ADDRESSED DIRECTLY IN THESE TERMS AND CONDITION. UDMS DOES NOT GUARANTEE AVAILABILITY, RELIABILITY, OR QUALITY OF SERVICE PROVIDED. UDMS DOES NOT GUARANTEE AGAINST SERVICE INTERRUPTION OR TIMELINESS OF ANY SERVICE. ANY AND ALL RISK LIES SOLELY WITH YOU AS THE CUSTOMER/USER OF THIS SERVICE AS ALLOWED BY LAW. ALL PROVIDERS USING THE BEYOND 811 PLATFORM MUST ABIDE BY, AND STAY COMPLIANT, WITH THE LAWS OF THE STATE THE SERVICE IS BEING PROVIDED.

UDMS LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL. THIS INCLUDES PERSONAL INJURY, LOST REVENUE, OR PROPERTY DAMAGE RELATED DIRECTLY OR INDIRECTLY FROM THE USE OF BEYOND 811 SERVICES. FURTHERMORE, UDMS WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE AS A RESULT OF THE TRANSACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDER. UDMS DOES NOT IMPLY THAT THIRD-PARTY PROVIDERS HAVE ANY SPECIAL QUALIFICATIONS TO PROVIDE SERVICES. UDMS LLC IN NO WAY WARRANTS THE PERFORMANCE OF THE THIRD-PARTY PROVIDER.

FURTHERMORE, YOU AGREE TO HOLD HARMLESS AND INDEMNIFY UDMS AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES AND EXPENSES ARISING OUT OF THE USE OF THE BEYOND 811 SERVICE.

You further agree that any claim or dispute arising from the use of the Beyond 811 app will be settled by binding arbitration between you and UDMS. You are hereby agreeing to waive your right to a trial by jury or to participate as a plaintiff in any class action proceeding.

These terms and conditions may not be assigned by you without the written permission of UDMS. UDMS may assign these terms without your consent to a subsidiary or any entity deemed suitable by UDMS. These terms and conditions in no way represent any joint venture, partnership or relationship between you and UDMS or the third-party provider as a result of this agreement.