Terms of Service

Effective Date: August 11, 2026

These Terms of Service ("Terms") govern the relationship between ATLAS Land Use Consultants/ATLAS Land Use Solutions ("Company," "we," "us," or "our") and the client ("Client," "you," or "your") executing a Service Agreement or utilizing our consulting services.

1. Scope of Services

  • Defined Services: We will perform only the specific land use consulting services detailed in your signed Proposal or Scope of Work (SOW).

  • Additional Work: Any requests outside the original SOW require a written amendment and may incur additional fees.

  • No Legal Representation: We provide professional land use consulting, project management, and planning services. We do not provide formal legal advice or legal representation.

2. Client Responsibilities

  • Accurate Information: You must provide complete, accurate, and timely information regarding the property, titles, easements, and project goals.

  • Property Access: You agree to secure all necessary permissions and legal rights for us or our contractors to access the subject property if physical site visits are required.

  • Third-Party Fees: You are solely responsible for all third-party expenses, including municipal application fees, permit fees, surveying costs, and environmental testing. You must pay these fees directly to the respective authorities or vendors. The only exception is if your Scope of Work (SOW) explicitly states that we will handle permit payments on your behalf. In those cases, you remain financially liable and must reimburse or pre-fund us according to the payment terms specified in the SOW.

3. Fees and Payment Terms

  • Rates: Services are billed according to the flat fee or hourly rates established in your SOW.

  • Retainer and Payment Structure: We require an upfront retainer of 30% of the total estimated SOW fees before we begin any work or perform any services on your project. This retainer is non-refundable to the extent that work is performed or resources are allocated, as it secures our availability and covers initial project onboarding and preliminary analysis. We will apply your ongoing service fees and hourly charges against this retainer balance. Once your retainer is fully depleted, we will invoice you for subsequent work according to the standard payment terms outlined in your Scope of Work (SOW).

  • Invoicing: Invoices are issued monthly and are due within 15 days of the invoice date.

  • Late Payments: Late payments will incur an interest charge of 1.5% per month on the outstanding balance.

  • Suspension of Work: We reserve the right to halt all consulting work, permit tracking, and municipal filings if your account falls overdue by more than 30 days.

4. Disclaimers and No Guarantees

  • Government Decisions: Land use approvals, zoning changes, variances, and permits are granted solely at the discretion of local government boards and agencies.

  • No Guaranteed Outcome: We do not guarantee that any application, permit, or zoning request will be approved by regulatory bodies.

  • Public Record Reliance: Our reports and recommendations often rely on public records and government databases. We are not liable for errors, omissions, or delays caused by inaccurate public data.

5. Limitation of Liability

  • Maximum Cap: To the maximum extent permitted by law, our total liability for any claims arising out of this agreement is strictly limited to the total dollar amount you paid us for the specific services in question.

  • Exclusion of Damages: We are not liable for any indirect, incidental, punitive, or consequential damages. This includes lost profits, project delays, drop in property value, or construction carrying costs.

6. Intellectual Property

  • Our Work Product: We retain ownership over all proprietary methodologies, templates, maps, graphics, and digital models used to create your deliverables.

  • Client License: Upon full payment of all invoices, you receive a non-exclusive, perpetual license to use the final reports, briefs, and applications solely for the specific project site detailed in the SOW.

7. Termination

  • Termination for Convenience: Either party may terminate the consulting relationship by providing 14 calendar days written notice.

  • Payment Upon Termination: If the project is terminated early, you are required to pay for all hours worked and expenses incurred up to the official date of termination.

8. Governing Law

  • Jurisdiction: These Terms are governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.