Terms of Service

Agreement to Terms

Welcome to the website of HMS Endeavour LLC. By visiting this site, writing to the Company, or requesting a service, you enter into a binding agreement with HMS Endeavour LLC, whose business address is 7533 S Center View Ct, West Jordan - 84084-5526, United States (US). Please read every term in this document before you make further use of the site or of any Company service.

These terms form the whole agreement that governs your visit. They replace any earlier conversation between you and the Company except to the extent a signed project order expressly says otherwise. If you do not consent to these terms, the Company asks that you close this page and make no further use of the website. Continued use after a material change counts as your renewed consent to the changed version.

Where these terms use words such as the Company, the shipyard, or HMS Endeavour, they point to the same legal person, HMS Endeavour LLC. Where they use the words you, the visitor, the operator, or the customer, they point to the person or firm that reads this page or that seeks a Company service.

The Company and Its Business

HMS Endeavour LLC works in computer systems design and related services within the professional, scientific, and technical services sector, with a focus on computer integrated systems design. In plain words, the Company plans, fits, and keeps in order the digital systems that regional operators rely upon to run their fleets, their plants, and their field crews.

The applied craft of the Company is grouped under the six service lines described on the services page: Systems Integration Programmes, Operational Technology Coordination, Data Pipeline Engineering, Control Room Dashboards, Field Equipment Telemetry, and Maintenance Planning Platforms. Each line is a practical programme with a defined scope, a defined output, and a defined point of acceptance.

Nothing on this website is a promise that a given software outcome will suit a particular operator until the Company has surveyed the site and agreed a written specification. The pages of this site describe capability, while the signed order defines the actual duty of the Company.

Eligibility and Use of the Site

You confirm that you are at least eighteen years old and that, where you act for an organisation, you hold the authority to bind that organisation to these terms. The services of the Company are aimed at adult professional users, and the site is not built to serve children as customers.

You may use the site for lawful purposes only. You agree not to use the site to send harmful code, to probe beyond your own enquiry, to attempt to gain access to another user records, to impersonate another person, or to interfere with the working of the site for anyone else.

The Company reserves the right to refuse use of the site or a service to any party that it reasonably judges to present a risk to its systems, its staff, or its other customers. A refusal need not be explained where doing so would itself reveal a security concern.

Services Offered

The Company delivers work through two broad routines that mirror the two steps of a shipyard fitting: survey and set. First the Company surveys an operator operating reality and agrees what must change. Then the Company issues, steps, and proves the change until the operator gives its signature.

Systems Integration Programmes

A systems integration programme joins separate machines, databases, and field devices into one coordinated whole so that a datum entered in one place travels correctly to every place that should see it.

Operational Technology Coordination

This programme keeps the boundary between traditional information technology and the real world control systems of a site both clear and secure, so that the right people can reach the right device at the right moment.

Data Pipeline Engineering

Data pipelines move the streams of field information to where a decision is made. The Company designs, builds, and tests these routes so that the data arrives complete, ordered, and on time.

Control Room Dashboards

Dashboards are the window between a room of people and a whole operating area. The Company builds screens that show one trusted view rather than a tangle of separate lights.

Field Equipment Telemetry

Telemetry reaches out to the machines in the field and brings their state home. The Company fits the listening equipment and the protocol that carries the signal.

Maintenance Planning Platforms

Maintenance platforms turn scattered service history into a schedule that does not surprise. The Company stands up the tooling that tells a maintenance team what to do, when to do it, and what it will cost.

A fuller account of each line, with the man-hours it saves and the risk it retires, is set out on the services page.

Quotations and Pricing

A quotation issued by the Company is an invitation to treat and not a binding offer until it is accepted in writing. Every quotation states its price, its scope, its proposed dates, and the period for which the quoted price stands. A price is quoted for the work described and nothing more; a change of scope after the quote is dealt with under the change control note below rather than silently absorbed by the Company.

Prices are given in United States dollars and exclude any tax that the law places on the transaction, unless a quotation states otherwise in plain words. Where the operator requires the Company to settle a tax on its behalf, that amount is added to the invoice and shown separately.

A quotation may be withdrawn by the Company before acceptance without notice. Once accepted in writing by the operator, the quotation becomes the agreed price for the agreed scope and the Company will not raise it during the life of the order except under an agreed change. Travel, lodging, and parts are charged at cost where a programme runs beyond the location of the Company office, and this is itemised.

Orders and Fitment

An order begins when the operator accepts a quotation in writing and submits any agreed deposit. At that moment the Company opens a project file, names a lead fitter, and assigns the first survey dates.

The fitment proceeds through the five stations that are the working motto of the shipyard: Survey, Issue, Step, Set, and Prove. During Survey the Company inspects the operating landscape and records the facts the design must respect. During Issue the Company prepares the fitment list that names each change to be made. During Step the work is carried out in the agreed order so that the site keeps running while the work proceeds. During Set each delivered piece is brought to its agreed tuning, and during Prove the whole is exercised until the operator accepts the result.

The Company keeps the operator informed at each station. A change that grows out of Survey or Step is presented in a change note with its effect on price and dates before further work is done, and the method of that change is set out here in these terms.

Payment and Invoicing

An order may ask for a deposit before site work begins, usually a quarter of the agreed total to cover the survey and the first issue. The balance falls due against the milestones named in the order, whether those milestones are delivery events or date gates freely agreed by both parties.

An invoice is issued by email and is payable within the days stated on the face of that invoice, which will not be unreasonably short. A late payment may carry interest at the rate permitted by law for the state that governs this agreement, and the Company may pause further work while an overdue amount remains unpaid without giving up any other right it holds.

Where the operator disputes an invoice in good faith, the operator must raise the dispute in writing before the due date. The undisputed part of the invoice remains payable, and the disputed part is held aside until the two parties settle the question or a process named in the dispute section below resolves it.

Delivery and Acceptance

Delivery of a digital platform under these terms means making the finished system available to the operator at the agreed location together with the documents needed to run it. Title to any physical machine stays with its maker, while the agreed licence below covers the software that the Company fits.

Acceptance follows a shared Prove. The Company invites the operator to review the delivered system against the specification over a stated review window. If the system works to the specification and is not materially faulty, the operator accepts it, and acceptance is recorded in writing as both parties sign the fitment note with the station word Proved and Signed.

If the operator finds a material fault during the review window, the fault is listed and the Company repairs it and returns the system for a further review. Small deviations that do not stop the useful working of the system are recorded as they are found and are settled by a reasonable adjustment rather than by refusing whole acceptance.

Intellectual Property

The design ideas, methods, and working techniques that the Company brings to a project belong to the Company and are not handed to the operator by the fact of the engagement. This covers the experienced craft of the fitter, the internal libraries that shorten a build, and the way the Company arranges a system to answer a stated need.

Material that the operator brings to a job, such as its plans, its brand, its operating data, and its internal documents, remains the property of the operator. Neither party gains a claim on the property of the other through the mere act of working together, and neither uses the other assets beyond the needs of the project.

The website text, its chartroom look, and its written materials are protected by copyright. You may view and share the pages for a lawful purpose, but you may not lift whole sections for a commercial use of your own without a spoken letter of agreement from the Company.

Licence to Use What The Company Builds

On acceptance and payment in full, the Company grants the operator a non exclusive, non transferable, on going right to use the delivered system for the operator own internal operating purposes at the agreed site. This right lasts for the lifetime of a properly maintained deployment and ends if these terms end in the manner set out in the termination clause.

The operator may not resell, rent, or offer the delivered system as a hosted service to a third party without a separate written agreement. The operator may not take the system apart to copy its hidden design beyond what the law permits. The operator may use the delivered work for its own purposes freely, and it is not a condition of the licence that the operator publish any credit to the Company.

The licence does not extend to the Company drafting tools and internal methods described in the previous section, which remain Company property and are not part of what the operator receives at delivery.

Confidential Obligations

Each party receives from the other during a project a body of facts that the other does not wish broadcast. Trade figures, site maps, staffing detail, fitment lists, and pricing each fall under the quiet duty described in this clause.

Each party agrees to keep the confidential material of the other to itself, to show it only to the staff and advisers who need it for the project, and to use it only for the purpose of the project. This duty survives the end of the project and the end of these terms.

The duty does not bite where material is already public through no fault of the receiving party, where it was lawfully known before it was shared, where it is received from a third party free of any duty, or where the law or a court compels its disclosure. Where disclosure is compelled, the receiving party gives the disclosing party notice in advance so that it may seek a protective order.

Site Data and Security

Use of this website sends a small body of routine technical data to the Company, all of which is governed by the separate Privacy Policy. These terms cover the duty of the operator to guard its own access. The operator chooses its own passwords, keeps them safe, and tells the Company at once if it suspects that an account attached to a delivered system has been used without its leave.

Where a delivered system holds the operator operational data, the operator remains the owner of that data and carries the duties that ownership imposes, including any duty to keep records for regulators. The Company acts as a careful steward and does not use that data for its own separate ends.

You agree not to try to disrupt or probe the site or a delivered platform beyond a test agreed in writing. Breach of this clause is a material breach of these terms and may be answered by the steps in the termination and liability clauses.

Third Party Goods and Links

The site may carry links away to resources that the Company does not control, and a delivered system may rest on component parts made by a third party such as a database, an operating system, or a device manufacturer. Links to a third party are offered for your convenience and do not mean the Company backs that third party products.

Software built by the Company is warranted on the terms of the warranty clause below. Software made by a third party and handed to the operator on its own licence is used under that licence, and the operator accepts that the maker of that product answers for it under its own terms. The Company will point the operator to those terms so that the maker of the piece stands behind its own work rather than the Company guessing at it.

Nothing in this clause lessens the duty the Company carries to choose fit, dependable parts, but it keeps the maker of each part precisely where responsibility is most safely placed.

Warranty and Maintenance

The Company warrants that a delivered system will match the agreed specification for a stated period after acceptance, normally ninety days, and that the work will be carried out with the level of care that a reasonable systems fitter would bring to the same task. If the operator finds a defect in that period and reports it in writing, the Company repairs it without charge.

Where a delivered platform needs care after the warranty, the Company offers a maintenance programme named in the order. A maintenance contract fixes the agreed scope of support, the hours in which the Company answers a call, and the fee. Support beyond a maintenance contract is quoted at the standard rate that then applies.

The warranty does not cover harm that grows out of the operator changing the system without leave, running it in a way that plainly defies the supplied guidance, or failing to take a fix or an update that the Company told it was needed. The warranty is the only warm promise the Company makes about the result, and it replaces any implied assurance that the law might otherwise read in.

Limitation of Liability

To the extent the law allows, the Company answer for a claim under these terms is limited to the total of the fees paid for the order that gave rise to the claim. The Company does not answer for a loss of profit, a loss of a chance to trade, a loss of data, or for any indirect or incidental loss that flows sideways from the work rather than straight from it.

Nothing in these terms removes a liability that the law will not let a party remove, such as a liability that follows from death, serious harm, or a plain breach of a duty fixed by statute. Where such a liability cannot be removed, these terms limit it only to the degree the law allows.

This limitation is a fair division of risk agreed by both parties: it reflects that the Company prices its work against a capped exposure, and it asks the operator to insure the larger losses of its own trade, which only the operator can know well.

Force Majeure

Neither party is in breach for failing to keep a promise when that failure grows out of a cause beyond its reasonable control. Fire, flood, storm, a declared emergency, a strike not of that party own making, a failure of public power, an act of a public authority, or a fault in a third party network each count as such a cause.

The affected party tells the other as soon as it can, says how long it expects the hold to last, and does what it reasonably can to limit the delay. If the hold runs on for more than sixty days, either party may end the affected order in writing, and the operator pays for the work already done and accepted while the Company returns any prepayment for work it then cannot do.

A delay caused by a named cause does not by itself extend the maintenance bill or free either party from duties that could still be met, such as a duty to keep confidential material quiet during the hold.

Termination

Either party may end these Service terms at any time by writing to confirm the end, but ending these terms does not end an order already in hand. An open order ends only in the way its own clauses allow, so that the operator is not left with half a fitment and the Company is not left unpaid for work done.

The Company may end an order with notice to the operator if the operator breaches a material term and does not repair the breach within thirty days of a written warning. The operator may end an order in the same way for a like failure by the Company.

On any ending, each party returns or deletes the confidential material of the other on request, the operator pays for accepted work to the date of ending, and any clause that by its nature should survive, such as the confidentiality, licence, warranty, and limitation clauses, carries on past the end as the context requires.

Governing Law and Disputes

These terms are governed by the law of the State of Utah in the United States, and the parties accept that the courts of Salt Lake County hold authority to hear a dispute. Where the operator is based elsewhere and its own law gives it rights the Company cannot waive, those rights remain untouched, but the seat of any action the parties choose is Utah unless a rule compels another home.

Before either party starts a court case over an order, the parties first try to settle the matter by a good faith talk between senior people. If a month of talk does not settle the question, the parties may then refer the dispute to a neutral mediator before any claim is filed, with each side sharing the cost of that neutral.

Nothing in this clause changes the choice the parties may make, in a signed order, to use arbitration instead of the courts for a particular dispute. Where an order names arbitration, that order clause wins over this general clause.