Terms of Service

Agreement to These Terms

These Terms of Service govern the use of this website and the general framework under which MIH Systems Group LLC provides professional services. By accessing the website, submitting an enquiry or engaging the company for work, you agree to be bound by these terms to the extent that they apply to the activity concerned.

Where a signed proposal, statement of work or master services agreement exists between the company and a client, that document takes precedence over these general terms for the work it covers. These terms fill the gaps and apply to every visitor of the website, whether or not that visitor becomes a client.

Please read the whole document before relying on anything on this website. If any part is unclear, contact the desk at info@mihsystems.buzz or call +14405407414 and we will explain it before you commit to anything.

Nothing on this website is an offer capable of acceptance. Descriptions of services are illustrative, and a binding obligation arises only when a written proposal is accepted or a contract is signed by an authorised representative of the company.

About the Company

MIH Systems Group LLC is a limited liability company organised under the laws of the United States. The company provides computer integrated systems design and related professional, scientific and technical services. Its business address is 321 Snyder Ave, Berkeley Heights - 07922-1520, United States (US).

References to we, us and the company mean MIH Systems Group LLC. References to you mean the visitor of the website or the client engaging the company, as the context requires. The company may act through its employees, engineers and approved subcontractors, and it remains responsible for the work performed under a contract.

The company operates from a single location and does not authorise any third party to accept work, give quotations or make commitments on its behalf unless that authority is confirmed in writing by a managing member.

Permitted Use of the Website

You may view, download and print pages from this website for your own reference and for legitimate business evaluation of the company and its services. You may share links to public pages. You may quote short extracts with clear attribution, provided the quotation is accurate and is not presented in a way that misrepresents the company.

You may not use the website in a way that interferes with its operation, imposes an unreasonable load on the hosting infrastructure, attempts to gain unauthorised access to any system, or introduces malicious code. Automated scraping of substantial portions of the site is not permitted without written consent.

The content of the website is provided for general information. It is not engineering advice for a specific site, it does not replace a survey, and it should not be used as the sole basis for a safety, compliance or procurement decision.

We aim to keep the website accurate and available, but we do not guarantee uninterrupted access. Maintenance, supplier outages and security measures may cause temporary unavailability, and we may change or remove content at any time.

Prohibited Conduct

The following activities are prohibited when using this website or communicating with the company.

• Attempting to access accounts, servers or data that you are not authorised to use.
• Transmitting malware, phishing messages or content designed to deceive.
• Impersonating another person or organisation, or misrepresenting your authority to act.
• Using the contact form or email address to send unsolicited commercial advertising.
• Collecting personal information from the site for a purpose unrelated to a genuine business enquiry.
• Interfering with security features, probing for vulnerabilities without written permission, or circumventing access controls.
• Using the site in breach of any applicable law or regulation.

We may suspend access, block addresses and take other reasonable steps to protect the site and its users where prohibited conduct is detected. Where the conduct appears criminal, we may report it to the appropriate authorities.

Scope of Services

The company provides computer integrated systems design services, including building automation integration, industrial control panel systems, secure network architecture, systems monitoring and support, control room software deployment, and legacy systems modernization. The precise scope for any engagement is defined in a written proposal or statement of work.

Unless a document expressly states otherwise, the company is not responsible for civil, structural or architectural design, for the condition of existing equipment that it did not install, or for the acts and omissions of other contractors on the site. Where the work depends on information supplied by a client or another party, the company is entitled to rely on that information.

The company may decline work that it cannot staff safely, that falls outside its competence, or that would require it to breach a legal or professional obligation. A declined enquiry does not create any liability for the company.

Quotations and Proposals

Quotations are prepared on the basis of the information available at the time. They state the assumed scope, the validity period, the exclusions and the conditions that would change the price. A quotation is not a warranty that the described outcome can be achieved without further investigation.

Unless a different period is stated, a quotation remains open for thirty days from the date it is issued. After that period the company may revise it to reflect changes in material costs, labour rates or availability.

A proposal becomes binding when it is accepted in writing and, where required, when a purchase order or deposit is received. Verbal acceptance should be confirmed by email so that both parties have a clear record of what was agreed.

Estimates of time are made in good faith. Where a site reveals conditions that were not reasonably foreseeable, the company will notify the client promptly and agree a revised schedule or scope before continuing the affected work.

Client Responsibilities

A successful integration depends on cooperation. The client agrees to provide accurate information about existing systems, timely access to drawings and records, and a named point of contact who can make decisions during the project.

The client is responsible for obtaining any permits, landlord consents or regulatory approvals required for the work, unless the proposal expressly assigns that responsibility to the company. The client is also responsible for maintaining adequate insurance for its own property and operations.

Where the client supplies equipment, software or data, the client confirms that it has the right to use and share them and that they are fit for the intended purpose. The company will inspect delivered items on receipt but is not obliged to accept materials that do not meet the agreed specification.

The client agrees to review and respond to submittals, test results and requests for information within a reasonable time. Delays caused by late responses may affect the schedule and may result in additional charges where the company has to remobilise staff.

Site Access and Safety

The client agrees to provide safe access to the areas where work is to be performed, including plant rooms, risers and control spaces. The client is responsible for informing the company of known hazards, including asbestos, confined spaces, live electrical equipment, chemical storage and restricted areas.

Company personnel will follow the site safety rules that are communicated to them in advance, including sign in procedures, permit systems and personal protective equipment requirements. The client must provide any site specific training that the rules require before work begins.

Where a task requires a shutdown, isolation or the temporary disabling of a safety function, the client and the company will agree the procedure, the responsible person and the fallback arrangement in writing. No such task will proceed without that agreement.

The company may remove personnel from a site where safety conditions are unacceptable. Such removal is not a breach of contract where the decision is reasonable, and the company will work with the client to resolve the condition before returning.

Delivery and Acceptance

Deliverables are identified in the proposal. They may include drawings, point schedules, panel assemblies, configured software, commissioning records, training and a signed delivery docket. Delivery occurs when the items are handed over at the agreed location or made available through the agreed channel.

Acceptance testing is carried out against the agreed criteria. Where a deliverable fails a test, the company will correct the defect and repeat the test. Acceptance occurs when the criteria are met or when the client uses the deliverable in normal operation without notifying a defect within the agreed period.

Minor punch list items do not prevent acceptance where they do not affect safe operation or the intended function. The company will complete them within a reasonable time after acceptance.

Fees and Payment

Fees are stated in the proposal and may be fixed, time based or a combination of both. Unless agreed otherwise, invoices are issued on completion of milestones or monthly for continuing work, and are payable within thirty days of the invoice date.

Travel, accommodation, shipping and specialist subcontractor costs are charged at the rates stated in the proposal or, where no rate is stated, at reasonable cost with supporting documentation. Pre approved expenses are itemised on the invoice.

Overdue amounts may attract interest at the lesser of the rate stated in the proposal and the maximum rate permitted by law. The company may suspend work where an undisputed invoice remains unpaid after a written reminder, provided the suspension is reasonable and the client is given notice.

Fees are exclusive of applicable taxes unless stated otherwise. The client is responsible for any sales, use or similar taxes arising from the engagement, other than taxes on the company income.

Changes to Work

Either party may request a change to the scope, schedule or method of work. Changes are recorded in a written variation that describes the adjustment and its effect on price and time. Work on a variation begins only after the client approves it in writing.

Where an urgent change is required to protect safety or prevent damage, the company may act first and document the change afterwards, informing the client as soon as practicable.

If a change makes part of the original scope unnecessary, the company will credit the affected amount in a fair and transparent way. If a change increases effort, the company will explain the basis of the additional charge before proceeding.

Warranty

The company warrants that its work will be performed with reasonable skill and care by competent personnel and will substantially conform to the agreed specification for a period of twelve months after acceptance, unless the proposal states a different period.

If a defect attributable to the company appears during the warranty period, the company will correct it at no additional charge. The client must notify the defect promptly and provide reasonable access to the affected system.

The warranty does not cover damage caused by misuse, modification by others, failure of client supplied equipment, power disturbances outside published tolerances, normal wear, or events beyond the company control. It does not extend the warranty of any manufacturer whose product is incorporated into the system.

This warranty is the exclusive remedy for defective work to the extent permitted by law. It does not limit any right that cannot lawfully be limited.

Support Services

Support is provided under a separate agreement that sets out the coverage, response expectations and fees. Without such an agreement, the company is not obliged to provide ongoing support, although it will respond to reasonable questions about work it has recently completed.

Support requests should be sent to info@mihsystems.buzz or raised by telephone at +14405407414. The company will confirm receipt and, where the matter is urgent, will state the expected response time.

The client agrees to provide accurate symptoms, recent changes and access arrangements when raising a request. The company may decline a request that concerns equipment or software outside the supported scope, and will explain the reason.

Support does not include work arising from unauthorised changes made by the client or a third party. Such work can be quoted separately.

Intellectual Property

The company retains ownership of its pre existing tools, templates, libraries, methods and know how. These remain the company property whether or not they are used in a client project.

On full payment, the client receives a licence to use the project specific drawings, configuration and documentation for the operation, maintenance and modification of the delivered system. The licence is perpetual for that purpose and is not transferable except with the sale of the facility concerned.

The content of this website, including text, layout and graphics, is owned by the company or used with permission. It may not be reproduced for commercial purposes without written consent.

The client retains ownership of its own data, drawings and business information. The company will not use client data for any purpose beyond the engagement except as permitted by the contract or by law.

Confidentiality

Each party agrees to keep confidential the non public information of the other that is disclosed in connection with the work. Confidential information includes technical documents, pricing, security arrangements and business plans.

Confidential information may be disclosed to employees and subcontractors who need it to perform the work and who are bound by equivalent obligations. It may also be disclosed where required by law, provided the disclosing party gives prompt notice where lawful and cooperates in limiting the disclosure.

These obligations continue after the engagement ends. They do not apply to information that is already public, that is independently developed without use of the confidential material, or that is received lawfully from a third party without a duty of confidence.

Third Party Products

Integrated systems commonly include hardware and software from manufacturers and publishers. Those products are governed by their own warranties, licences and support terms. The company passes through the benefit of manufacturer warranties where it is able to do so but does not enlarge them.

The company is not responsible for changes that a manufacturer makes to firmware, licensing or product availability. Where such a change affects a delivered system, the company will advise on options and quote any remedial work.

Open source components are used where appropriate and are identified in the project documentation together with their licence terms. The client agrees to comply with those terms in its use of the delivered system.

Limitation of Liability

To the fullest extent permitted by law, the company is not liable for indirect, incidental, special or consequential loss, including loss of profit, loss of production, loss of data or loss of business opportunity, arising from the website or from any engagement.

The total liability of the company for all claims arising from an engagement is limited to the fees paid by the client for the work giving rise to the claim, unless a different limit is agreed in the signed contract. This limit does not apply to liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for fraud.

The company is not liable for a failure to perform caused by inaccurate information supplied by the client, by the acts of other contractors, or by the condition of equipment that the company did not install or maintain.

Claims must be notified within a reasonable time after the claimant becomes aware of the facts giving rise to them, and in any event within the period stated in the contract or, where none is stated, within two years.

Indemnity

The client agrees to indemnify the company against claims, losses and reasonable costs arising from the client provision of inaccurate information, from client supplied materials that infringe the rights of a third party, or from the client use of a delivered system in breach of the agreed operating limits.

The company agrees to indemnify the client against claims that the company own pre existing components, used as intended in the delivered system, infringe a United States patent or copyright, provided the client notifies the company promptly and allows the company to control the defence.

A party seeking indemnity must cooperate reasonably in the defence and must not settle a claim in a way that admits fault on behalf of the other party without consent.

Suspension and Termination

Either party may terminate an engagement for material breach that is not remedied within fifteen days of written notice. Either party may terminate for insolvency or for an event that makes performance impossible.

The client may terminate for convenience on written notice, subject to payment for work performed and for commitments reasonably incurred up to the termination date. Such commitments include non cancellable orders and subcontractor obligations.

The company may suspend work where a safety risk arises, where an undisputed invoice remains unpaid, or where the client prevents the company from performing the work. Suspension is notified in writing and ends when the cause is resolved.

On termination, the company will hand over completed deliverables and work in progress for which payment has been made, and will return confidential materials. Provisions that by their nature survive termination, including confidentiality, intellectual property and liability limits, remain in force.

Force Majeure

Neither party is liable for a delay or failure caused by an event beyond its reasonable control. Such events include natural disasters, severe weather, epidemic illness, war, civil disturbance, industrial action, failures of public utilities or transport, and government action.

The affected party must notify the other promptly and use reasonable efforts to mitigate the impact. If the event continues for more than sixty days, either party may terminate the affected work on written notice, with payment for work performed and for unavoidable commitments.

Force majeure does not excuse a failure to pay an amount that was already due before the event began.

Governing Law and Disputes

These terms and any engagement are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The parties will first attempt to resolve any dispute through good faith discussion between senior representatives. If the dispute is not resolved within thirty days, either party may pursue mediation before a mediator agreed by both parties.

If mediation does not resolve the matter, the dispute may be brought before the state or federal courts located in New Jersey, and each party consents to the jurisdiction of those courts. Nothing in this section prevents either party from seeking urgent injunctive relief where necessary.

Before starting formal proceedings, please raise the issue directly with the desk. Most concerns about scheduling, invoicing or scope can be settled quickly by the engineer who knows the project.

Changes to These Terms

We may update these terms to reflect changes in the law, in our services or in the way we operate. The effective date at the top of the page shows when the current version took effect.

Material changes will be notified on this page. For clients with an active contract, the terms in the signed contract continue to apply to that engagement unless both parties agree otherwise in writing.

If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force, and the unenforceable provision will be interpreted to give effect to the original intention as far as the law allows.

Contact Information

Questions about these terms should be sent to the company at the address below.

Email: info@mihsystems.buzz. Telephone: +14405407414. Business hours are Monday to Thursday from 8:00 to 17:30 and Friday from 8:00 to 15:30.

These terms are provided in English. If they are translated into another language, the English version prevails in the event of any inconsistency.