Terms of Service

1.Agreement overview

These Terms of Service form the agreement between Evergreen SWPPP LLC and any person or company that reads this website, requests information, buys a monitoring system or subscribes to a compliance service. The terms describe what each side promises, what each side must not do, and what each side can expect from the other across the life of the relationship.

Please read the whole document before you rely on any part of the platform. By accessing the site, by submitting a contact note or by accepting a written quote or order form, you agree to be bound by these terms as they read at the time. If you do not agree with a condition in this document, please stop using the site and do not proceed with your order.

2.The parties

The developer of the software, the plans and the monitoring arrangements described here is Evergreen SWPPP. The legal company that invoices for and stands behind the services is Evergreen SWPPP LLC, a business with its address at 165 W Canyon Crest Rd Ste 260, Alpine - 84004-1826, United States (US).

References in these terms to the company, we, us and our mean Evergreen SWPPP LLC. References to you, the client and the customer mean the person or organisation that orders or uses the services. Yours means the data, the site and the permit of that customer. Where a customer is a company, the person who places the order confirms that they are authorised to act on behalf of that company and to accept these terms for it.

3.Accepting these terms

A person accepts these terms on the date on which any one of the following happens: the person opens and continues to use this website, the person submits details through the contact form, the person asks for a quote or a compliance walkthrough, or the person signs or otherwise confirms an order, a proposal or a service agreement that refers to these terms.

Use of the free reading material and the alert sign up is enough to bind you to the parts of these terms about acceptable use, confidentiality, intellectual property and liability that are stated as applying to all visitors. The service parts of the terms apply once a paid order is placed.

We may refuse an order, an enquiry or access to our team where we reasonably consider that the request is unsafe, unprofessional, unlawful or not suitable for our operating area, and we are not obliged to give a reason when the refusal is based on a regulatory or safety rule.

4.The services described

Evergreen SWPPP designs stormwater compliance technology and monitoring systems. The main services are the preparation of stormwater pollution prevention plans, the scheduling and coordination of stormwater samples with laboratories, the tracking of best management practices, rain event alert watch posts, inspection scheduling platforms and permit reporting dashboards.

Each service is delivered as a system that links the site record to the field. A plan identifies the controls, the routing marks them as installed, the samples give the numbers, the alerts sound at the trigger and the dashboard assembles everything for the report. You may buy these as a single project or as a running subscription for a site or an estate of sites.

The precise scope, the fee and the term for a paid service sit in the written quote or order form that the company issues to you. Where anything in a quote appears to conflict with these general terms, the quote controls for the specific order, unless the conflict concerns liability, governing law or confidentiality, in which case these terms control.

5.Compliance is not guaranteed by a document

No stormwater pollution prevention plan, no monitoring report and no alert system can itself guarantee that a site will never receive a notice or that a discharge will always meet a limit. Compliance is an ongoing field result produced by the work of the client operating the controls, not a paper promise issued by a consultant.

What Evergreen SWPPP does promise is professional work: plans that respond to the land and the permit, samples that follow chain of custody, records that are honest and complete, and systems that behave and report as designed. The company works to a professional standard of care reasonably expected of specialists in stormwater compliance, and it documents what it observes in accordance with professional practice.

A customer should not treat any communication from this company as a legal opinion, an assurance of permit approval, or a guarantee against enforcement action. For matters that turn on the reading of a statute or a specific agency decision, the customer is advised to seek the advice of their own legal counsel.

6.Client responsibilities

For the services to be effective the client must give Evergreen SWPPP a true picture of the site and the permit. You agree to supply the current permit, notice of intent or coverage reference, an honest description of the land, the activities, the discharge points and the drainage, and copies of any earlier records that bear on compliance.

You agree to give our team reasonable and lawful access to the site at agreed times, to tell us about hazards, working hours and site rules, and to keep us informed when the site changes in a way that affects the stormwater controls or the discharge. You remain responsible for the decisions you make on the ground and for acting on the alerts, the schedules and the findings we give you.

It is not the role of Evergreen SWPPP to take the place of the permit holder in the eyes of a regulator. You agree to keep your permit current, to apply to the right agency, to authorise our field and reporting work through proper channels and to retain responsibility for the content of submissions that only you are entitled to sign.

7.Site access and safety

Field work on an active construction or industrial site carries ordinary risks, and every visit follows the site safety rules of the customer. Before any member of our team enters the ground you agree to have them inducted, to brief them on the hazards and to supply the protective equipment that your own workers use.

You agree to warn our people about unmarked hazards such as open excavations, unstable edges, underground services, energized plant or difficult footing. Our team will stop work and report where a condition appears unsafe, and the customer will correct the condition before the field task resumes.

Evergreen SWPPP is not a contractor that carries out earthworks, installs heavy silt control structures or performs physical demolition and regrading of a site, unless a separate written agreement says otherwise. Where our work reveals that physical work is needed, we will describe what is required and the customer will arrange for properly qualified firms to carry it out under their own safety duties.

8.Plans, quotes and authorisation

A quote from the company is an invitation to order, not an automatic acceptance. The company is not bound until it confirms an order in writing with a scope, a price and a signature or a digital acceptance from an authorised person of the customer.

Quotes may draw on information you supplied before the order. Where the true site differs materially from what you described, the company may revise the quote or stop the work and agree a fair variation before continuing. Small site changes encountered in the field do not by themselves create a right to a renegotiated price.

You authorise the company to discuss the site with the analytical laboratories and the regulators that need the details to run the program, and to pass your permit history to those parties where a lawful purpose requires it. You will give the company the written authority it reasonably needs before any submission is made in your name or under your coverage.

9.Fees, invoicing and payment

Fees for services are set out in the quote or order that you accept. Unless a term says otherwise, the fee shown is the fee for the exact scope agreed, and work outside that scope is billed separately after a written variation is agreed by both sides.

Invoices are due for payment by the date stated on the invoice. Where payment is not made by the due date the company may pause services for the account, stop new field work, suspend the alert watch for that site and charge interest on the overdue amount at a rate that does not exceed the level the law allows.

Nothing in this document obliges the customer to pay for a portion of work that it reasonably and promptly rejected as not performed as described, provided the customer gives the company a fair chance to correct the work before it withholds payment.

10.Third party fees

Analytical laboratory fees, agency filing charges, courier fees for samples and reasonable out of pocket field costs are separate expenses that the customer is expected to cover. Where the company pays such costs on the customer behalf the customer will reimburse them, either as a recharged item on an invoice or under a running expense account that the order describes.

The company will disclose any expense it expects to recharge before it is incurred where the amount is significant. Minor predictable expenses such as sample packaging, fuel for a routine visit and courier calls are recharged in line with the rate the quote states or the actual audited cost when no rate is stated.

11.Intellectual property

The plans, drawings, software, dashboards, monitoring logic, alert scripts, report templates, method texts and any other original materials that Evergreen SWPPP creates remain the intellectual property of Evergreen SWPPP unless a separate writing assigns them to the customer or to a third party.

The wording, the design, the layout and the theme of this website, and the tools that sit behind the services, belong to the company and its licensors. Nothing in these terms transfers those rights, and logos, catch lines such as Measured Rain Clean Discharge, and the trade names Evergreen SWPPP and Evergreen SWPPP LLC may not be reproduced without written permission.

Data that only the customer owns, such as the client sampling results and the client soil history, is separate from the tools that store and present it. The company does not claim ownership of the content of a specific client account beyond the framework that holds it.

12.Licence to use materials

When the company prepares a plan, a report or a dashboard for a customer, that customer receives a licence to use the materials for its own compliance, its own permit and its own internal management, for as long as needed for those purposes, subject to payment and to the limits in this document.

The licence does not allow the customer to resell the plan or the software, to pass them to a competing provider as a template, to strip away the company name, or to use them for the compliance of an unrelated site without a further agreement. A change of site operator that shares the same physical site may continue with the material, with notice to the company.

Anything our team builds from general knowledge, such as a standard practice note or a reusable inspection checklist, may be used across our clients and does not count as a work that we assign to you.

13.Confidentiality

Both sides may see information that the other treats as confidential, including site conditions, permit positions, pricing, personnel rosters and proposed control strategies. Each side agrees to use that confidential information only for the agreed purpose and to not reveal it to a third party without consent, unless a duty to a regulator requires disclosure.

The duty does not bind over information that is already public, information received lawfully from another source, information developed independently without reference to the confidential material, or information that the owner chooses to share to obtain regulatory or other professional advice.

On the end of a relationship each side will return or destroy the confidential material of the other that it holds, except where a legal duty or the need of a regulator requires a copy to be kept. Return, destruction and retention are done in a way that keeps the material as protected as it was during the relationship.

14.Data and records

Records kept by the company, including samples, gauge totals, inspection notes and reports, serve as evidence for the customer and as the working record for the program. The customer may ask for a read only copy of its own records and the company will provide a readable export within a reasonable time at a fair cost where a large extraction is requested.

The company backs up its records and protects them, but the customer is encouraged to keep its own copies of signed submissions, since the company is not a permanent archival service and will apply its retention schedule to older material as described in the Privacy Policy.

Records are held to be useful to the compliance program and are published to the regulator only where the order, the permit or a lawful request makes that necessary. At the end of a term the company will hand over the electronic records of the site in a standard form, subject to payment of any outstanding fees.

15.Liability and limitation

Nothing in these terms limits either side from liability that the law refuses to allow a party to limit, such as liability for death or injury caused by negligence, for fraud, or for harm that the law treats as non-excludable between a supplier and a consumer.

Subject to that, neither side is liable to the other for indirect, incidental, special, punitive or consequential losses, including loss of profit, loss of opportunity, loss of a contract, or the cost of defending a claim by a third party, however that loss arises out of these terms.

The maximum combined liability of Evergreen SWPPP LLC for all claims in a year that connect to a service under a single order is limited to the amount the customer paid the company under that order in the twelve months before the event that caused the claim. This limit reflects how the service is priced and applies whether a claim is brought in contract, negligence, or another ground.

16.Warranty and disclaimers

Evergreen SWPPP warrants that it will perform the services using reasonable professional skill and care and that field findings are honestly made and fairly reported. Where a delivered item is found within a reasonable warranty window to have been wrongly built, the company will correct it without further charge.

Beyond that warranty the services and the website are given on an as is and as available basis. The company does not warrant that the site will work without interruption, that every forecast feed will be perfect, that alert delivery can never fail, or that a particular result will occur on your ground. Rain gauges, networks and weather messages are tools that occasionally fail and the customer keeps ordinary fallback checks in place.

This disclaimer is read alongside the parts of this document that divide responsibility between the sides, so that a customer does not reasonably rely on the company for physical controls, legal advice or third party services that sit outside our scope.

17.Cancellation and suspension

A customer may cancel a planned order before work begins and will then owe only for the fair value of work already done with its consent. Once field work or preparation is underway the customer may stop the work, but it remains liable for the portion completed and any commitment already made to a third party such as a laboratory run or a filing.

The company may suspend services where payment is overdue, where the customer asks for work that would breach a law or a permit condition, or where a regulatory or safety condition makes field work unsafe to continue. We will give you notice where we can and we will lift the suspension as soon as the cause is resolved.

Time frames shown on the site or in marketing are estimates rather than guarantees, and both sides will make a genuine effort to keep a schedule that the weather and the site allow.

18.Indemnification

You agree to cover the company for claims that arise from your own misuse of the services, from information you supplied that was dishonest, unsafe or incomplete, from your failure to act on a field finding or an alert, or from the acts of your own staff, contractors and visitors on the site.

The company in turn stands behind its own professional work and will bear the proper share where a claim flows from negligence of our team, subject always to the limits in the liability section. Neither side indemnifies the other for losses the party could have avoided through reasonable care.

19.Termination

A subscription or rolling agreement ends as the order form describes, usually after a minimum term and then on notice from either side. A one off project ends when the agreed deliverables are complete and accepted or any acceptance period set out in the order has passed.

Either side may end the relationship immediately in writing where the other side commits a material breach that it does not correct within a reasonable time after notice, or where the other side acts in a way that is dishonest, unlawful or seriously unsafe.

On termination the customer pays for work and expenses up to the date of ending, the company hands over the electronic records as described earlier, both sides return confidential material subject to legal duties, and the sections that should survive an ending continue to apply, including those on confidentiality, intellectual property, limitation and governing law.

20.Changes to the terms

We may revise these Terms of Service from time to time. Each revision takes effect on the date it is posted to this page, and the effective date at the top reflects the most recent version.

For a continuing subscription we will tell you in writing about a change that affects the price, the term or a significant obligation, and you may end the affected agreement within a reasonable window after notice. Changes to a finished one off project do not apply unless a revision to this page is part of the order you accept.

21.Governing law and dispute review

These terms and any order made under them are governed by the laws of the state of Utah in the United States, without regard to conflict of law principles, and the parties submit to the exclusive jurisdiction of the courts that serve the county in which the company address sits, for any dispute not resolved informally.

Before either side begins a court action related to these terms, the parties agree to exchange the outline of the dispute and to meet in good faith to settle it, unless the claim urgently needs a court order to stop harm or to preserve an asset. The parties keep such an exchange confidential.

If any part of this document is held to be unenforceable, the rest of the terms continue in full effect, and the unenforceable part is read as narrowly as the law allows.

22.Contact for this agreement

Questions about an order or this agreement go to the company by email at alert@evergreenswppp.autos or by telephone on +12798670752, or by post to Evergreen SWPPP LLC, 165 W Canyon Crest Rd Ste 260, Alpine - 84004-1826, United States (US).

The person who manages your account on the company side will change from time to time and any member of the Evergreen SWPPP team can route you to the right person. Official notices under these terms must be in writing and are treated as given on the day they are delivered or posted in the manner the law allows for the chosen address.