1Definitions
As used in these Terms and Conditions:
- "Company," "we," "us," or "our" means Tech in Church, an AV systems integrator based in Columbus, Ohio.
- "Client," "you," or "your" means the organization or individual engaging the Company for services.
- "Agreement" means the applicable Proposal, Statement of Work, Rental Agreement, or Service Order, together with these Terms and Conditions.
- "Proposal" means a written quote or system design document prepared by the Company describing scope, deliverables, and pricing.
- "Project" means any capital installation, integration, or design engagement.
- "Equipment" means audio, video, or lighting hardware, cabling, mounts, and associated components supplied or rented under the Agreement.
- "Services" means installation, design, consulting, event production, rental, or repair work described in the Agreement.
- "Change Order" means a written modification to the approved scope of work.
2Scope of Services
The Company provides the following categories of services to houses of worship and related ministry organizations:
- AV Installation (Capital Projects): Design, procurement, delivery, and installation of permanent audio, video, and lighting systems.
- Rental & Event Production: Short-term equipment rental and/or on-site technical staffing for services, concerts, and special events.
- Service & Repair (Time & Materials): Diagnostic visits, repairs, system tune-ups, and preventive maintenance.
- Consulting & Design: System design, specification, drawings, and written deliverables without installation.
The specific services applicable to a given engagement are defined in the Proposal or Statement of Work. Services not expressly listed are excluded unless added via Change Order.
3Proposals & Quotes
All proposals are based on information provided by the Client at the time of the site survey or intake meeting. Pricing is valid for 30 days from the date of issue unless otherwise noted.
- Proposals are estimates based on available site information. Final costs may vary if site conditions differ materially from those disclosed at survey.
- Equipment pricing reflects prevailing manufacturer pricing at time of proposal. Price increases imposed by suppliers after proposal issuance and before order placement may be passed through to the Client with written notice.
- Proposals do not include building permits, electrical rough-in, conduit runs, structural reinforcement, or general contractor work unless explicitly itemized.
- Line-item pricing within a proposal is for reference only. The binding commitment is the total project investment, not individual line items.
4Acceptance & Authorization
An Agreement is formed when the Client executes the Proposal electronically or in writing, or issues a purchase order referencing the Proposal. By accepting, the Client represents that:
- The individual signing has authority to bind the Client organization.
- The Client has reviewed these Terms and Conditions in full.
- All information provided in the site survey and intake process is accurate and complete to the best of the Client's knowledge.
Verbal authorizations to proceed do not constitute a binding Agreement. Work will not commence until a signed acceptance and any required deposit are received.
5Payment Terms
Unless otherwise specified in the Proposal, the following payment schedule applies:
Capital Installation Projects:
- 50% deposit due upon signing — covers equipment procurement.
- 25% due on delivery/installation commencement.
- 25% (final balance) due upon substantial completion and system walkthrough.
Rental & Event Production:
- 100% of rental fees due 5 business days prior to the event date.
- A refundable security deposit may be required; amount stated in the Rental Agreement.
Service & Repair (T&M):
- Payment in full due upon completion of each service visit.
- Parts and materials are invoiced at cost plus applicable markup.
Consulting & Design:
- 50% due upon engagement; balance due upon delivery of final deliverables.
All invoices are due within 15 days of invoice date. Balances unpaid after 30 days accrue interest at 1.5% per month (18% per annum). The Company reserves the right to suspend or withhold services for overdue accounts. The Client is responsible for all reasonable costs of collection, including attorney fees, if collection action becomes necessary.
Accepted payment methods: check, ACH bank transfer, credit card (processing fee may apply). The Company does not accept cash for project engagements.
6Change Orders
Any modification to the agreed scope of work, equipment list, schedule, or pricing requires a written Change Order signed by both parties before work on the changed scope begins.
- Change Orders may affect both price and project schedule.
- Emergency or time-sensitive changes authorized verbally by the Client will be documented and confirmed in writing within 48 hours. The Client's verbal authorization constitutes acceptance of the resulting cost.
- Client-requested scope reductions do not automatically reduce the contract price, as fixed costs (design time, mobilization, procurement) may have already been incurred.
7Scheduling & Access
Installation dates are estimated based on equipment lead times and crew availability at time of scheduling.
- The Client must provide safe, unobstructed access to all work areas during scheduled installation periods.
- If the Company crew arrives on-site and cannot proceed due to Client-caused conditions, a trip charge equal to two hours of labor per technician will be invoiced for the lost time.
- Project completion dates are estimates and are not guaranteed. The Company is not liable for delays caused by equipment back-orders, supply chain disruptions, facility scheduling conflicts, or other conditions outside our control.
8Client Responsibilities
The Client agrees to:
- Provide accurate and complete information during the site survey and throughout the project.
- Designate a single authorized point of contact for project decisions.
- Ensure that all necessary permits, approvals, and building access are secured prior to the installation start date.
- Provide adequate power circuits, conduit pathways, and mounting surfaces as specified in the system design, unless the Company's scope expressly includes electrical work.
- Ensure that any existing equipment to be retained or integrated is in proper working condition prior to the Company's arrival.
- Arrange for volunteer or staff operator training participation as scheduled.
- Review and approve project deliverables in a timely manner. Delays in Client approval that extend the project timeline are not the responsibility of the Company.
9Equipment & Materials (Capital Projects)
All equipment specified in a Proposal is selected to meet the project's technical requirements based on the Company's professional judgment. The Company reserves the right to substitute equivalent equipment if a specified item becomes unavailable, with Client notification.
- Title to purchased equipment passes to the Client upon receipt of payment in full.
- Risk of loss transfers to the Client upon delivery to the project site.
- Equipment returns or exchanges after order placement are subject to restocking fees imposed by the manufacturer, which will be passed through to the Client.
10Equipment Rental
- Rental Period: Equipment must be returned by the agreed return time. Late returns are charged at the daily rate per calendar day.
- Condition: Equipment is provided in tested, working condition. The Client accepts responsibility from delivery through return.
- Damage: The Client is responsible for all loss, theft, or damage beyond normal wear. Repair or replacement costs will be invoiced at current replacement value.
- Operation: Unless technical staffing is included, the Client agrees to operate equipment only as instructed and not to permit unqualified personnel to operate complex systems.
- Cancellation: Cancellations made less than 72 hours before the event date are subject to a 50% cancellation fee. No-shows or same-day cancellations are charged in full.
- Force Majeure: If an event is cancelled due to weather, government directive, or other force majeure event, the Company will work in good faith to reschedule or issue a credit.
11Service & Repair
- Rates: Labor is billed at the hourly rate in effect at the time of service. A minimum one-hour charge applies to all service calls.
- Diagnostics: A diagnostic fee applies to all service calls and is non-refundable regardless of outcome.
- Authorization: Repairs above $500 in parts and labor require Client verbal or written authorization before proceeding.
- Third-Party Equipment: The Company will make reasonable efforts to repair equipment not originally installed by us, but cannot guarantee parts availability or compatibility.
- No-Fix Policy: If the Company is unable to repair an item, diagnostic labor charges still apply. A written assessment and recommendation will be provided.
12Consulting & Design Services
- Deliverables are provided for the Client's internal use in connection with the specified project.
- The Company makes professional recommendations based on information provided. Final decisions rest with the Client.
- The Company is not responsible for errors or cost overruns resulting from contractors not engaged by the Company implementing the design.
- Consulting deliverables may not be re-used for a different project or sold to a third party without written permission.
- The Company is not responsible for changes in equipment pricing, availability, or code requirements that occur after the design deliverable is issued.
13Warranties
Workmanship Warranty: The Company warrants all installation labor against defects in workmanship for one (1) year from the date of substantial completion.
Equipment Warranty: Manufacturer warranties apply to all equipment supplied. The Company will facilitate warranty claims during the workmanship warranty period.
The workmanship warranty does not cover:
- Damage caused by misuse, unauthorized modifications, power surges, lightning, floods, or acts of God.
- Normal wear and tear (consumables, lamp replacement, battery replacement, cable ends).
- Issues arising from Client modifications to the system after acceptance.
- Systems operated outside their specified environmental conditions.
- Client-supplied equipment installed at Client request.
14Limitation of Liability
- The Company's total cumulative liability shall not exceed the total fees paid by the Client under that Agreement in the six (6) months preceding the claim.
- In no event shall the Company be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of revenue, loss of data, or business interruption.
- The Company is not liable for system performance degradation caused by acoustic deficiencies, room geometry, or environmental factors not disclosed during the site survey.
- The Company is not liable for loss, theft, or damage to Client property that occurs on-site, except to the extent directly caused by the Company's gross negligence or willful misconduct.
15Intellectual Property
All system designs, drawings, schematics, programming logic, and written proposals created by the Company remain the intellectual property of Tech in Church, regardless of whether the Client proceeds with implementation. Upon receipt of full payment:
- The Client receives a limited, non-exclusive, non-transferable license to use the deliverables for the specific project described in the Agreement.
- The Client may not resell, sublicense, or use the deliverables as the basis for work performed by another contractor without written consent.
Custom programming (DSP presets, control system code, network configurations) remains proprietary to the Company. Editable programming files may be requested for an additional fee.
16Confidentiality
Both parties agree to keep confidential any non-public pricing, proprietary processes, or sensitive facility information shared during the engagement. This obligation survives termination for three (3) years.
The Company may reference the Client's name and project type in its portfolio, case studies, and marketing materials unless the Client provides written notice requesting confidentiality.
17Cancellation & Termination
Client Cancellation — Capital Projects: If the Client cancels a signed Agreement before work commences, the Company retains the deposit. If cancellation occurs after equipment has been ordered, the Client is responsible for all restocking, return shipping, and cancellation fees, plus reasonable compensation for labor already performed.
Client Cancellation — Service/Consulting: Cancellations with less than 24 hours notice are subject to a minimum one-hour labor charge.
Company Termination for Cause: The Company may terminate with written notice if the Client fails to make required payments, provides a materially unsafe work environment, or materially breaches these Terms. All amounts due for work completed become immediately payable.
Mutual Agreement: Either party may terminate by mutual written consent. The parties will negotiate in good faith to settle outstanding obligations.
18Dispute Resolution
- Good-Faith Negotiation: The parties will attempt to resolve disputes through direct discussion within 30 days of written notice.
- Mediation: If negotiation fails, either party may request non-binding mediation through a mutually agreed-upon mediator in Ohio. Costs are shared equally.
- Binding Arbitration: If mediation fails, disputes shall be resolved by binding arbitration under the American Arbitration Association Commercial Rules, with proceedings in Ohio.
Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction.
19Governing Law
These Terms and all Agreements are governed by and construed in accordance with the laws of the State of Ohio, without regard to conflict-of-law principles. To the extent any dispute requires court action, the parties consent to the exclusive jurisdiction of the state and federal courts located in Ohio.
20General Provisions
- Entire Agreement: The Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, representations, and proposals.
- Amendments: These Terms may be updated periodically. The version in effect at the time of Proposal issuance governs that engagement.
- Severability: If any provision is held invalid or unenforceable, all other provisions remain in full force.
- Waiver: Failure to enforce any provision does not constitute a waiver of the right to enforce it in the future.
- Force Majeure: Neither party is liable for delays caused by events beyond their reasonable control. The affected party must notify the other promptly.
- Independent Contractor: The Company is an independent contractor, not an employee, partner, or agent of the Client.
- Notices: All formal notices must be in writing and delivered by email (with confirmation), certified mail, or courier to the addresses on the Proposal cover page.
- Electronic Signatures: Agreements may be executed electronically. Electronic signatures are legally binding.