Terms of Service

1. Acceptance of Terms

These terms become effective when you first access the website, when you first send a message to the yard office, or when you sign a statement of work with OTGSERVICES, LLC, whichever happens first. A signed statement of work may add to or vary these terms for a specific project, and in the event of a conflict the signed statement of work controls for that project.

We may ask a client to confirm acceptance in writing before work begins. A simple reply by email acknowledging these terms is sufficient for that purpose. If a client returns a purchase order or another document that contains terms of its own, those terms apply only to the extent that the company has expressly agreed to them in writing, and silence is not agreement.

2. Definitions

In these terms, the company means OTGSERVICES, LLC. The website means the pages published at otgservices.autos, including the services, contact, privacy and terms pages. The services mean the design, delivery, documentation and support of computer integrated dispatch systems, including the six runs described on the services page. A client means a person or organization that has engaged the services or is actively considering an engagement. Deliverables means the documents, configurations, boards and other materials that the company provides to a client during a project.

Project record means the collection of briefs, notes, designs, handoff forms and written records that the company keeps for a project. Business day means a weekday on which the yard office is open, excluding public holidays observed in the State of Washington.

3. Permitted Use of the Website

The website is provided for lawful informational and business purposes. You may read the pages, print them for your own records, share links to them with colleagues and contact the yard office through the channels published on the site. You may quote a short passage from the website in a document of your own provided that you attribute the quotation to OTGSERVICES, LLC and do not present it as your own work.

You may not reproduce a substantial part of the website for commercial use, frame the site within another service or present the site as part of your own offering without written permission. Permission for a specific use can be requested at dispatch@otgservices.autos, and a reasonable request will usually receive a prompt answer.

4. Prohibited Conduct

When using the website you agree not to engage in the following conduct. This list is illustrative and does not limit any other restriction that applies under law.

• Attempting to gain unauthorized access to the website, its hosting platform or any connected account.
• Interfering with the normal operation of the website, including through automated requests that place an unreasonable load on the service.
• Introducing malicious code, scripts or files through a contact form, an email message or any other channel.
• Impersonating another person or organization, or misrepresenting an affiliation with the company.
• Using the website to transmit unlawful, defamatory, harassing or infringing material.
• Collecting information about other visitors or attempting to identify them.
• Using the company name, logo or written materials in a way that suggests endorsement without written permission.

If we become aware of conduct that breaches this section, we may restrict access to the website, report the matter to the hosting provider and, where appropriate, notify the relevant authorities. We may also pursue any other remedy available to the company.

5. Intellectual Property

The text, layout, code, illustrations drawn in stylesheets and other materials published on this website are owned by OTGSERVICES, LLC and are protected by copyright and other intellectual property laws. The company name and the presentation of its yard office materials are the property of the company. Nothing on the website transfers an ownership interest in those materials to a visitor.

During a client project, the ownership of deliverables is set out in the signed statement of work. Where the statement of work is silent, the company retains ownership of its underlying methods, templates and design patterns, while the client receives a perpetual, non exclusive license to use the specific deliverables prepared for that client in connection with its own operations. That license does not permit the client to resell the deliverables or to present them to a third party as a competing service.

The company may reuse general knowledge, techniques and non confidential experience gained during a project. The company will not reuse a client specific board layout or a client specific document in a way that reveals confidential information about that client.

6. Service Engagements

An engagement begins when a prospective client and the company sign a statement of work that describes the scope, the schedule, the fee and the responsibilities of each party. Before signature, the company may provide a proposal based on a yard walk brief, a telephone conversation or a written description of the problem. A proposal is an invitation to negotiate and is not a binding offer.

The company delivers the services described on the services page, including run board bays, driver note runs, stop list desks, route windows, dispatch review rounds and handoff sittings. These descriptions are provided so that a client can understand the general shape of an engagement. The specific contents of a project are those written in the signed statement of work, and a client should not rely on a general description as a promise of a particular feature.

7. Scope and Change Control

Every project has a written scope. The purpose of a fixed scope is to protect both parties: the client knows what will be delivered and the company knows what it has committed to build. When a client asks for work that falls outside the written scope, the company will describe the effect on time and cost in a short written change note before the work is performed.

A change note may add a fee, move a delivery date or reduce a feature. The client may accept or decline a change note. Work on a change proceeds only after the client accepts the note in writing. The company will not silently absorb an out of scope request, and a client will not be charged for a change that it has not accepted.

Small clarifications that do not affect time or cost may be handled by email without a formal change note. The company will label such clarifications as clarifications in the project record so that the difference between a clarification and a change remains visible.

8. Client Responsibilities

The company depends on the client for accurate information, timely feedback and reasonable access to the people who use the system. A project runs smoothly when the client takes the following responsibilities seriously.

• Provide a named contact who can make decisions about the project and can approve deliverables.
• Share accurate information about routes, stops, shift patterns and current software.
• Make the relevant staff available for the yard walk, the live test shift and the handoff sitting.
• Obtain any internal approvals that the client organization requires before a project begins.
• Hold the right to share any client data that is placed in the project, and inform the company of any restriction on that data.
• Maintain its own backups and access controls for systems that the company does not operate.

Delays caused by a client responsibility may move a delivery date. The company will notify the client in writing when a delay occurs and will propose a revised schedule that both parties can accept.

9. Fees and Payment

The fee for an engagement is stated in the signed statement of work. Unless the statement of work says otherwise, the company invoices a deposit at the start of a project, a progress invoice at the first live bay and a final invoice on delivery. Invoices are payable within thirty days of the invoice date.

Travel required for a yard walk or a handoff sitting is quoted in advance. Where a client cancels a scheduled visit with less than five business days of notice, the company may invoice the reasonable travel cost already incurred. The company does not charge for time spent on an initial telephone conversation or on a short email exchange about a prospective project.

Fees are exclusive of applicable taxes. A client is responsible for taxes that apply to the services in its jurisdiction, except for taxes on the net income of the company. Late payment may attract a service charge at the rate stated on the invoice, and an account that remains unpaid for more than sixty days may cause the company to pause work after a written notice.

10. Delivery and Acceptance

Deliverables are provided in the format agreed in the statement of work. Where a deliverable is a run board bay or another live system, the company provides a short walk through and a written record describing the layout, the owners and the common failure points. The client accepts a deliverable when it confirms acceptance in writing or when it uses the deliverable in a live shift without raising a material defect within ten business days.

If a client identifies a material defect during the acceptance window, the company will correct the defect at no additional fee and will then ask the client to confirm acceptance again. A request for a new feature is not a defect, and such a request is handled through the change control process described above.

The company keeps a copy of the project record for seven years after delivery. A client may request a copy of the project record at any time during that period.

11. Warranty and Support

The company warrants that the services are performed in a professional and workmanlike manner and that the deliverables materially conform to the signed statement of work. This is the only warranty that the company gives for the services.

Except as stated in this section, the website and the services are provided on an as is and as available basis. The company does not warrant that the website will be free of interruption or error, that a system will meet every operational expectation of a client, or that a route window prediction will match an actual arrival in every case. Route windows are a planning aid and not a guarantee of arrival times.

Support is provided for a period of ninety days after delivery at no additional fee for defects that fall within the original scope. After that period, support and review rounds are provided under a separate agreement or on a time and materials basis at the rate stated in the current rate sheet. Support requests should be sent to dispatch@otgservices.autos and will be acknowledged within one business day.

12. Confidentiality

Each party may receive information that the other party treats as confidential. Confidential information includes business plans, route data, customer lists, pricing, written records and any information that is marked as confidential at the time of disclosure. Confidential information does not include information that is already public, that the receiving party already knew without a duty of confidence, or that the receiving party develops independently.

Each party will use confidential information only for the purpose of the engagement, will protect it with reasonable care, and will disclose it only to staff members or contractors who need it for the engagement and who are bound by a duty of confidence. If a party is compelled by law to disclose confidential information, that party will notify the other party where the law allows, so that an appropriate protective step can be requested.

The confidentiality obligations in this section survive the end of an engagement for a period of five years, and for trade secrets they survive for as long as the information remains a trade secret under applicable law.

13. Data and Privacy

The way the company collects and protects personal information is described in the Privacy Policy published on this website. That policy forms part of these terms by reference. A client that provides personal information about its own customers or staff members to the company in the course of a project confirms that it has the right to do so and has provided any notice that the law requires.

Where the company processes information on behalf of a client as part of a project, the company acts on the written instructions of the client and returns or deletes the information at the end of the engagement as agreed in the statement of work. A client that requires a formal data processing agreement should request one before the project begins.

The company does not sell personal information and does not use client information for marketing. A client may request information about the vendors involved in a project, and the company will describe those vendors in writing where doing so does not breach another confidentiality obligation.

14. Third Party Components

A project may use third party components such as a mapping service, a messaging provider or a hardware device supplied by another vendor. The company will identify such components in the statement of work or in the project record. The client is responsible for any license fee, subscription or hardware cost that applies to a third party component unless the statement of work says otherwise.

The company is not responsible for a failure that is caused by a third party component outside its reasonable control. If a third party component changes its pricing or its function in a way that affects a delivered system, the company will work with the client to find a practical response, and such work may be treated as a change under these terms.

15. Suspension and Termination

A party may terminate an engagement for convenience by giving thirty days of written notice. A party may terminate immediately if the other party commits a material breach and does not remedy it within fifteen business days of a written notice describing the breach. The company may also suspend work if an invoice remains unpaid for more than sixty days after a written reminder.

On termination, the client pays for work performed and expenses incurred up to the termination date, and the company delivers any completed deliverables that have been paid for. Where a deposit has been paid and work has not yet begun, the company refunds the deposit less any committed third party cost. The confidentiality, intellectual property, liability and governing law sections of these terms survive termination.

The company may restrict access to the website at any time if it reasonably believes that a visitor has breached the prohibited conduct section, and it will not be liable to a visitor for such a restriction where the belief is reasonable.

16. Limitation of Liability

To the fullest extent permitted by law, the company will not be liable for indirect, incidental, special, consequential or punitive damages, including lost profits, lost revenue, lost data or business interruption, even if the company has been advised that such damages are possible. This limitation applies to any claim arising from the website or from an engagement, whether the claim is based on contract, tort, statute or another theory.

The total liability of the company for all claims arising from an engagement will not exceed the fee paid by the client for the specific engagement giving rise to the claim. For claims arising from the use of the website, the total liability of the company will not exceed one hundred United States dollars.

Nothing in these terms limits a liability that cannot be limited by law, including liability for fraud or for intentional misconduct. If a jurisdiction does not allow the exclusion of certain warranties or the limitation of certain damages, the exclusions and limits in these terms apply to the greatest extent that the law permits.

17. Indemnity

A client agrees to indemnify and hold the company harmless from a claim, loss or expense that arises from the client data placed in a system, from a client instruction that the company has followed in good faith, or from a client use of a deliverable in a way that the company did not authorize. The company agrees to indemnify and hold a client harmless from a claim that a deliverable provided by the company, standing alone, infringes the intellectual property right of a third party.

The indemnified party must notify the other party promptly, must allow the other party to control the defense of the claim, and must cooperate reasonably in that defense. A party that controls a defense may not settle a claim in a way that admits fault on the part of the indemnified party without written consent.

18. Governing Law and Disputes

These terms are governed by the laws of the State of Washington, without regard to its conflict of law rules. The parties will first attempt to resolve a dispute through good faith discussion between senior representatives, and either party may request a meeting for that purpose. If discussion does not resolve the dispute within thirty days, either party may bring a claim in the state or federal courts located in Washington, and each party consents to the jurisdiction of those courts.

Before bringing a formal claim, the parties will consider mediation with a neutral mediator in Washington. Mediation is voluntary for both parties and does not suspend any deadline that applies to a claim. Nothing in this section prevents a party from seeking urgent relief in court to protect confidential information or to prevent misuse of intellectual property.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these terms. A claim must be brought within one year after the party knew or should have known of the facts giving rise to the claim, unless a longer period is required by law.

19. Changes to These Terms

The company may update these terms from time to time to reflect a change in its services, its vendors or the law. The current version is always published on this page with an effective date at the top. A material change will be announced on the website and, where a client is directly affected, by email to the contact address on file.

A change does not alter the terms of a statement of work that has already been signed, unless the client agrees to the change in writing. Continued use of the website after a change takes effect means that the visitor accepts the revised terms. A visitor who does not accept the revised terms should stop using the website.

20. How to Contact Us

Questions about these terms, a request for a statement of work or a notice under these terms should be sent to the yard office of OTGSERVICES, LLC. Please send formal notices by email with the subject line Legal Notice, and follow up by telephone if the matter is urgent.

These terms were last updated on 3 November 2026 and apply to the website and the services of OTGSERVICES, LLC from that date onward. They should be read together with the Privacy Policy and with any signed statement of work that covers a specific engagement.