These Terms govern ICCP services and website use. Each engagement is also subject to the accepted proposal, quote, or statement of work. Customers should retain a copy of both documents.
These Terms and Conditions (“Terms”) govern the website, consultations, professional services, deliverables, and other work provided by Industrial Contractor Compliance and Pre-Qualification Solutions, LLC, doing business as ICCP Contractor Compliance (“ICCP,” “we,” “us,” or “our”). The company or individual purchasing or authorizing services is the “Customer.”
By signing or electronically accepting an ICCP proposal, quote, statement of work, or service agreement; paying an ICCP invoice; checking a box indicating acceptance; or authorizing ICCP to begin work, the Customer agrees to these Terms.
1. Services
ICCP provides contractor prequalification and compliance support. Services may include account setup, questionnaire and document support, written safety-program review and development, gap analysis, ongoing account maintenance, review-comment responses, remediation, contractor-management consulting, and other services described in an accepted proposal, quote, or statement of work (the “Work Scope”).
The Work Scope will identify the covered platform, hiring-client connection, deliverables, assumptions, exclusions, schedule, and fees. If a Work Scope expressly conflicts with these Terms, the Work Scope controls for that specific provision.
2. Payment Terms
Unless otherwise stated in a written quote or Work Scope:
- Fifty percent (50%) of the quoted project fee is required before ICCP schedules or begins work.
- The remaining fifty percent (50%) is due when ICCP completes the agreed Work Scope.
“Work Scope completion” occurs when ICCP has performed the agreed services or delivered the agreed work product within ICCP’s control. Completion does not require approval, acceptance, qualification, grading, or another decision by a third-party platform or hiring client.
The final balance is due upon receipt of ICCP’s completion invoice unless different terms appear in the quote. Recurring services are billed as stated in the applicable agreement and, unless otherwise quoted, are due before the service period begins.
Platform subscriptions, insurance, training, testing, government charges, third-party professional services, travel, expedited work, additional platforms, additional hiring-client connections, and services outside the Work Scope are not included unless stated in writing.
3. Custom Safety Programs
When included in the accepted Work Scope, ICCP will review, revise, or develop custom safety programs reasonably needed to address requirements for the covered platform and hiring-client connection. Programs unrelated to the covered prequalification scope, extensive implementation assistance, field assessments, training, additional platforms, or materially expanded requirements may require a separate quote.
The Customer is responsible for confirming that every program accurately represents its operations and for implementing the practices described in the program.
4. Scope Changes
A request that materially changes or expands the Work Scope may require a revised quote, change order, additional deposit, additional fees, or adjusted completion date. ICCP will obtain written approval before performing material out-of-scope work. Email approval is sufficient unless ICCP requires a signed change order.
5. Deposits, Cancellations, and Refunds
Once ICCP begins work, the initial payment is nonrefundable except where required by law or agreed in writing. If the Customer cancels after work begins, the Customer remains responsible for services performed, work products prepared, approved expenses, and other amounts earned under the Work Scope.
If ICCP cancels without cause before completing the Work Scope, ICCP will refund prepaid amounts attributable to services not performed. No refund is due solely because a platform or hiring client rejects a document, assigns an unfavorable score, delays review, changes requirements, or declines to approve or engage the Customer.
6. Late Payments
ICCP may pause services when an invoice is overdue, and affected deadlines will be extended accordingly. To the extent permitted by law, overdue balances may be subject to a late charge equal to the lesser of 1.5% per month or the maximum lawful amount. The Customer is responsible for reasonable collection costs incurred to recover undisputed overdue amounts, to the extent permitted by law.
7. Customer Responsibilities
The Customer must:
- Provide complete, accurate, current, and truthful information and records;
- Designate a responsive primary and secondary contact;
- Review and approve information before submission;
- Confirm that safety programs reflect how work is actually performed;
- Maintain required insurance, licenses, registrations, training, and qualifications;
- Implement the policies and procedures represented in submitted documents; and
- Promptly disclose deadlines, returned reviews, account changes, incidents, citations, and other relevant developments.
The Customer may not ask ICCP to submit false, misleading, incomplete, altered, or fabricated information. ICCP may suspend or terminate work if information appears inaccurate, deceptive, unlawful, or inconsistent with actual operations.
8. Platform Access
When platform access is required, the Customer authorizes ICCP to access the identified account solely to perform the Work Scope. Whenever possible, the Customer should create authorized user access rather than share another person’s credentials. The Customer remains responsible for account ownership, subscription charges, permissions, credential security, account review, and removal of ICCP access after the engagement.
9. Customer Review and Approval
Before submission, the Customer must review and confirm that questionnaires, documents, programs, and other materials are accurate and consistent with its operations. Approval may be documented by email, electronic signature, platform authorization, or another written method. ICCP assistance does not transfer responsibility for the Customer’s representations, program implementation, or compliance.
10. No Guarantee
ICCP will provide services with reasonable professional care but does not guarantee platform approval, a particular score or grade, document acceptance, completion by a date controlled by another party, selection by a hiring client, a contract award, continued qualification, or a particular business or financial result. Platforms and hiring clients independently establish, interpret, change, and apply their requirements.
11. Independent Service Provider
ICCP is independent and is not affiliated with, sponsored by, employed by, or endorsed by ISN, ISNetworld®, Avetta, Veriforce, PEC, or any other third-party platform or hiring client. References to third-party names identify the environments in which ICCP may assist customers.
12. Professional Limitations
Unless expressly agreed otherwise, ICCP does not provide legal, tax, accounting, insurance, medical, architectural, or professional-engineering advice. Services are limited to the information supplied, the Work Scope, and requirements reasonably available at the time. They are not a comprehensive legal or regulatory audit unless expressly identified as such.
13. Deliverables and Intellectual Property
After full payment, the Customer will receive electronic copies of final documents prepared and submitted within the Work Scope. The Customer receives a perpetual, nonexclusive license to use, reproduce, modify, and submit those deliverables for its internal business, safety, compliance, and prequalification purposes.
ICCP retains ownership of its preexisting and underlying templates, checklists, frameworks, processes, methodologies, training structures, software configurations, automation methods, contractor-management systems, general know-how, and other intellectual property not created exclusively for the Customer.
The Customer may provide final deliverables to employees, advisers, insurers, regulators, hiring clients, and prequalification platforms for legitimate purposes. The Customer may not resell, sublicense, publish, or commercially distribute ICCP templates, systems, or materials to unrelated parties without written permission.
14. Confidentiality
Each party will use reasonable care to protect the other party’s nonpublic business information and use it only for the engagement. Confidential information excludes information already lawfully known, publicly available without wrongdoing, lawfully obtained from another source, independently developed, or required to be disclosed by law, legal process, a regulator, platform, or hiring client.
15. Third-Party Systems and Events
ICCP is not responsible for platform outages, system errors, cybersecurity incidents affecting third-party services, changed requirements, lost third-party data, delayed reviews, hiring-client decisions, government actions, internet failures, or other events outside ICCP’s reasonable control.
16. Limitation of Liability
To the fullest extent permitted by law, ICCP will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, revenue, opportunities, mobilization delays, business interruption, contract losses, or reputational harm.
To the fullest extent permitted by law, ICCP’s total aggregate liability arising from an engagement will not exceed the amount the Customer actually paid ICCP for the specific services giving rise to the claim. These limitations do not apply where liability cannot lawfully be limited.
17. Customer Indemnification
To the fullest extent permitted by law, the Customer agrees to defend, indemnify, and hold harmless ICCP and its owners, employees, and authorized representatives from third-party claims, penalties, liabilities, and reasonable expenses arising from inaccurate information supplied or approved by the Customer; failure to implement stated programs; violation of law, contract, platform rules, or hiring-client requirements; unauthorized distribution of ICCP materials; or the Customer’s operations, employees, subcontractors, equipment, or worksites.
This section does not require indemnification for ICCP’s gross negligence, willful misconduct, or liability that cannot lawfully be shifted.
18. Termination
ICCP may suspend or terminate services for nonpayment, material breach, repeated failure to provide information, abusive or unlawful conduct, requests to misrepresent information, or a conflict preventing responsible performance. Termination does not eliminate payment obligations for work performed, approved expenses, completed deliverables, or amounts earned before termination.
19. Electronic Communications and Acceptance
The Customer agrees that ICCP may conduct business through email, electronic proposals, invoices, electronic signatures, platform communications, and online scheduling systems. Electronic acceptance, payment of an invoice, or written authorization to begin may evidence agreement to these Terms and the Work Scope.
20. Governing Law and Venue
These Terms and ICCP engagements are governed by Ohio law without regard to conflict-of-law principles. Unless agreed otherwise, legal actions must be brought in a state or federal court with jurisdiction in Mahoning County, Ohio. Before filing suit, the parties will make a good-faith effort to resolve the dispute through direct discussion, except for emergency relief or collection of an undisputed balance.
21. General Provisions
If a provision is invalid or unenforceable, the remaining provisions remain effective. Failure to enforce a provision does not waive it. These Terms and the accepted Work Scope constitute the entire agreement concerning the services and supersede prior discussions not included in the final written agreement. Amendments must be written and accepted by both parties.
22. Updates
ICCP may update these Terms prospectively by posting a revised effective date. The version accepted for an existing engagement continues to govern unless the parties agree otherwise in writing.
23. Contact
Industrial Contractor Compliance and Pre-Qualification Solutions, LLC
Doing business as ICCP Contractor Compliance
Ohio, United States
330-529-5830
Pard@iccp.solutions