Terms of Service

Last Updated: May 14, 2025

Introduction

These Terms of Service (“Terms”) govern your access to and use of the Tierra Environmental Services website and the industrial cleaning and environmental services (“Services”) provided by Tierra Environmental Services (“we,” “our,” or “us”) to our clients. By accessing our website or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.

Services Overview

Tierra Environmental Services provides industrial cleaning and environmental solutions, including but not limited to grease trap cleaning, sewer cleaning, vacuum truck services, silo cleaning, tank cleaning, catch basin cleaning, commercial cleaning, and industrial cleaning services. The specific services to be provided will be detailed in a separate service agreement, work order, or proposal agreed upon between you and Tierra Environmental Services.

Service Areas

Our primary service areas include Indiana, Illinois, Wisconsin, Michigan, and Ohio, with additional capabilities in other states for specialized services. Service availability may vary based on location and service type. We reserve the right to accept or decline service requests based on geographic constraints, resource availability, and other operational factors.

Client Obligations

Site Preparation and Access

For us to perform our services effectively, you agree to:

Provide clear access to the service area, including adequate space for our equipment and vehicles
Remove obstacles that may hinder service delivery
Secure necessary permits, authorizations, or clearances required for the services
Inform us of any site-specific safety protocols, hazards, or special requirements
Ensure utility locations are properly marked where applicable
Provide a safe working environment for our personnel

Information Accuracy

You agree to provide accurate and complete information regarding:

Site conditions and potential hazards
The nature and extent of materials to be cleaned, removed, or processed
Previous service history relevant to the requested services
Regulatory compliance requirements specific to your facility
Composition of waste materials (hazardous vs. non-hazardous)

Authorized Representatives

You agree to designate authorized representatives who can:

Grant access to service areas
Approve additional work if necessary
Sign service completion documentation
Make decisions regarding unexpected conditions or requirements

Service Scheduling and Performance

Scheduling

Service appointments may be scheduled through our customer service team. While we strive to accommodate your preferred schedule, all appointments are subject to resource availability and operational considerations.

Service Execution

Our services will be performed in accordance with industry standards and applicable regulations. We reserve the right to:

Modify our approach based on site conditions and safety considerations
Deploy appropriate equipment and personnel based on professional judgment
Implement additional safety measures as deemed necessary
Decline to perform services that would violate regulations or compromise safety

Cancellations and Rescheduling

If you need to cancel or reschedule a service appointment, please notify us at least 48 hours in advance (or as specified in your service agreement). Late cancellations, no-shows, or site conditions that prevent service delivery may result in a cancellation fee or minimum service charge as outlined in your service agreement.

Pricing and Payment Terms

Pricing Determination

Service pricing is based on factors including service type, facility size, volume and nature of materials to be processed, equipment requirements, and geographic location. We will provide price estimates before beginning work, but final charges may vary based on actual conditions encountered.

Price Changes

We reserve the right to modify our pricing structure with reasonable notice. Any price changes will not affect already scheduled services unless additional work is required due to unforeseen circumstances.

Payment Methods

We accept various payment methods, including company checks, ACH transfers, and credit cards. Specific payment options will be communicated during the service booking process or outlined in your service agreement.

Invoicing and Payment Terms

Unless otherwise specified in your service agreement:

Regular or recurring services may be billed monthly
One-time services are typically invoiced upon completion
Large projects may require deposits and progress payments
Payment terms are net 30 days from invoice date

Late Payments

Payments not received by the due date may be subject to late fees of 1.5% per month (or the maximum rate permitted by law). We reserve the right to suspend services for accounts with outstanding balances over 30 days past due.

Warranty and Limitations

Service Warranty

We warrant that our services will be performed in a professional manner consistent with industry standards. If you are dissatisfied with our services, please notify us within 5 business days, and we will investigate and take appropriate corrective action at our discretion.

Limitation of Warranty

Except as expressly stated in these Terms or in a separate service agreement, we make no warranties, express or implied, regarding our services, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.

Limitation of Liability

To the maximum extent permitted by law, Tierra Environmental Services shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, business interruption, or loss of business opportunity, arising out of or related to our services, even if we have been advised of the possibility of such damages. Our total liability for any claims arising from or related to these Terms or our services shall not exceed the amount you paid us for the specific service giving rise to the claim, or $10,000, whichever is less.

Waste Disposal and Environmental Compliance

Waste Characterization

You are responsible for accurately disclosing the nature and composition of waste materials. We reserve the right to test materials prior to handling and may refuse service if materials are found to be different than represented.

Transportation and Disposal

When our services include waste transportation and disposal:

We will transport and dispose of waste materials in compliance with applicable regulations
We will provide appropriate documentation of proper disposal
Additional fees may apply for hazardous waste handling and disposal
You remain the generator of the waste and retain certain regulatory responsibilities

Environmental Compliance

While we strive to help you maintain environmental compliance, you remain ultimately responsible for compliance with environmental regulations applicable to your facility and operations.

Insurance and Indemnification

Insurance

We maintain comprehensive insurance coverage, including general liability, automobile liability, workers’ compensation, and environmental liability insurance. Certificates of insurance are available upon request.

Indemnification

You agree to defend, indemnify, and hold harmless Tierra Environmental Services and our officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

Your violation of these Terms
Your provision of inaccurate information regarding site conditions or waste materials
Pre-existing environmental contamination at your service location
Actions taken by you contrary to our recommendations

Confidentiality and Intellectual Property

Confidential Information

We respect the confidential nature of information regarding your facilities and operations. We will not disclose confidential information to third parties except as necessary to provide our services or as required by law.

Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is the property of Tierra Environmental Services or our licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, or display any portion of our website without prior written consent.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including acts of God, natural disasters, pandemic, terrorism, riot, labor disputes, material shortages, or government actions.

Termination

Termination by Client

You may terminate scheduled services by providing written notice as specified in your service agreement. Termination of recurring services may be subject to minimum notice periods and early termination fees as outlined in your service agreement.

Termination by Tierra Environmental Services

We reserve the right to refuse or terminate service at our discretion if:

Site conditions present unacceptable safety risks
Service requirements exceed our capabilities or authorizations
Payment terms are not met
Client actions interfere with proper service delivery

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or our services shall be resolved through:

Informal negotiation – parties will attempt in good faith to resolve any dispute
Mediation – if negotiation fails, by a mutually agreed upon mediator in Indiana
Arbitration – if mediation fails, by binding arbitration in accordance with the rules of the American Arbitration Association

General Provisions

Entire Agreement

These Terms, together with any service agreements, work orders, and our Privacy Policy, constitute the entire agreement between you and Tierra Environmental Services regarding your use of our services.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of Tierra Environmental Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer without such consent will be null and void.

Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website and updating the “Last Updated” date. Your continued use of our services after any changes indicates your acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms, please contact us at:

Tierra Environmental Services
3821 Indianapolis Blvd
East Chicago IN 46312
Phone: (219) 398-4000