1. Nature of Services

BuildTrack Solutions provides independent, observational construction progress documentation services, including site photography and written reports (the “Services”).

All Services are strictly observational and limited to recording visible and accessible site conditions at the time of each visit.

BuildTrack Solutions does not provide, and nothing in its reports shall be construed as:

• engineering assessments or structural evaluations;
• architectural analysis, design input, or technical review;
• building inspections or code compliance verification;
• legal opinions or certifications;
• financial advice, valuations, or draw certifications.

All deliverables are factual, visual records only.

2. Scope Limitations

Reports are limited to conditions that are visible and accessible at the time of inspection.

BuildTrack Solutions makes no representation or warranty regarding:

• structural integrity or safety;
• compliance with laws, codes, or permits;
• workmanship quality;
• materials used;
• project progress, completion status, or percentage completion.

Conditions that are hidden, incomplete, obstructed, or not yet apparent are expressly excluded.

3. No Reliance

All reports are provided strictly for informational purposes only.

The Client expressly agrees that:

• they shall not rely on the reports for construction, financial, legal, or investment decisions;
• the reports are not a substitute for licensed professionals (engineers, architects, inspectors, contractors, legal or financial advisors);
• any reliance on the reports is entirely at the Client’s own risk.

The reports must not be used for:

• loan approvals
• draw requests
• valuations
• certifications of completion

unless expressly agreed in writing.

4. Third-Party Use and No Duty of Care

BuildTrack Solutions owes no duty of care to any third party.

Reports are prepared solely for the Client’s internal use. Any:

• sharing, distribution, or disclosure to third parties; or
• reliance by third parties

is unauthorized and at their own risk.

The Client agrees to indemnify and hold harmless BuildTrack Solutions from any claims arising from third-party reliance.

5. Time-Sensitive Nature

Construction sites change rapidly.

All reports reflect conditions only at the exact date and time of inspection and may become outdated immediately.

BuildTrack Solutions has no obligation to update, revise, or supplement any report unless expressly agreed in writing.

6. Client Responsibilities

The Client is solely responsible for:

• securing lawful, safe, and timely site access;
• obtaining all permissions, permits, and consents;
• ensuring site conditions are safe for entry;
• notifying BuildTrack Solutions of access or safety changes.

The Client warrants that they have full legal authority to grant site access.

BuildTrack Solutions is not liable for:

• missed visits
• incomplete documentation
• delays

caused by access restrictions or unsafe conditions.

Scheduled visits may remain billable where access failure is attributable to the Client.

7. Safety and Right to Refuse

BuildTrack Solutions reserves the absolute right to:

• refuse
• suspend
• terminate

any visit where conditions are deemed unsafe or unsuitable.

This may be exercised at sole discretion, with or without notice.

No liability shall arise from such actions.

8. No Warranties

All Services and deliverables are provided “as is” and “as available.”

To the fullest extent permitted by law, BuildTrack Solutions disclaims all warranties, express or implied, including:

• accuracy or completeness;
• fitness for a particular purpose;
• merchantability;
• reliability or timeliness.

9. Limitation of Liability

To the fullest extent permitted by law:

BuildTrack Solutions’ total aggregate liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Client in the three (3) months preceding the claim.

This limit applies to:

• any single claim; and
• any series of related claims.

BuildTrack Solutions shall not be liable for:

• indirect or consequential losses
• loss of profit, revenue, or financing
• project delays
• third-party claims
• business interruption

even if such losses were foreseeable.

Nothing excludes liability where prohibited by law (e.g., fraud).

10. Indemnity

The Client agrees to indemnify, defend, and hold harmless BuildTrack Solutions from and against any claims, damages, losses, or expenses arising from:

• misuse of reports;
• unauthorized distribution;
• third-party reliance;
• inaccurate access authorization;
• unsafe site conditions.

11. Intellectual Property

All materials remain the exclusive property of BuildTrack Solutions.

Upon full payment, the Client is granted a limited, non-exclusive, non-transferable, revocable licence for:

• internal use
• legal proceedings involving the Client
• internal financial review

The Client may not:

• resell or sublicense materials;
• publish or distribute commercially;
• use materials for marketing or promotional purposes.

Unauthorized use may result in:

• immediate suspension of services
• legal action, including injunctive relief and damages

12. Independence

BuildTrack Solutions operates as an independent third party and:

• holds no affiliation with project stakeholders;
• accepts no commissions or referral fees;
• provides unbiased, observational reporting only.

13. Fees and Payment

• Subscription services: payable in advance
• Per-project services: 50% non-refundable deposit, balance due upon completion

BuildTrack Solutions may:

• withhold deliverables until payment is complete
• suspend services for overdue accounts (14+ days)

All fees are exclusive of taxes.

14. Cancellation

• Subscriptions require 30 days’ written notice
• Deposits are non-refundable once work begins
• Completed work remains payable upon cancellation

BuildTrack Solutions may terminate immediately for material breach, without refund.

15. Data Retention

BuildTrack Solutions does not guarantee storage of reports after delivery.

Unless otherwise agreed in writing:

• data may be deleted at any time after project completion

The Client is solely responsible for retaining copies.

16. Force Majeure

BuildTrack Solutions is not liable for delays caused by events beyond reasonable control, including:

• weather
• access restrictions
• civil unrest
• equipment failure

Visits affected may be rescheduled, but additional fees may apply.

17. Amendments

Terms may be updated with 14 days’ notice.

Continued use of Services constitutes acceptance.

18. Governing Law

These Terms are governed by the laws of the Co-operative Republic of Guyana.

All disputes shall be subject to the exclusive jurisdiction of the courts of Guyana.

Parties agree to attempt good faith negotiation prior to litigation.

19. Entire Agreement

These Terms constitute the entire agreement and supersede all prior discussions.

Any modifications must be in writing and signed by both parties.