Terms and Conditions of Service
Effective Date: August 24, 2026
Last Updated: August 24, 2026
These Terms and Conditions of Service ("Agreement") govern all environmental consulting, forensic moisture mapping, inspection, protocol development, and verification services provided by ATX Mold Solutions LLC("Company," "we," "us," or "our") to the client ("Client," "you," or "your"). By requesting an assessment, submitting a digital booking, approving a proposal, or utilizing our deliverables, you agree to be bound by the terms set forth herein.
1. Appointment Scheduling, Cancellations & Rescheduling· Accurate Information Requirement: To schedule an inspection or assessment, the Client must provide accurate, current, and complete property, contact, and billing information.
Cancellation & Rescheduling Notice: The Client agrees to provide at least 24 hours’ advance notice for any appointment cancellation or rescheduling request.
Cancellation Fee: Failure to provide at least 24 hours’ notice before the scheduled mobilization time, or failure to provide safe, authorized physical access to the property during the agreed-upon appointment window, may result in a cancellation or trip fee. Retainer deposits applied to late cancellations remain non-refundable.
2. Professional Fees, Retainer Deposit & Payment Schedule
Professional fees for initial environmental assessments, protocol development, post-remediation clearance, and laboratory analytical services are established pursuant to the agreed-upon project scope, proposal, or electronic work order.
Retainer / Initial Deposit: A non-refundable deposit or retainer is required prior to scheduling or mobilizing on-site field activities. Assessment and diagnostic work will not commence until the required deposit has cleared.
Final Balance Due Upon Delivery: The remaining balance—including any supplementary laboratory analysis, priority rush fees, or approved additional sampling authorized during field investigations—is due in full immediately upon completion of the field evaluation and prior to or concurrent with the transmission of final written project deliverable(s).
3. Definition of Project Deliverables & Delivery Condition
For the purposes of this Agreement, "Project Deliverables" broadly encompasses any formal work product authored by ATX Mold Solutions LLC. This includes but is not limited to: Initial Mold Assessment Reports, Mold Remediation Protocols (MRPs), Certificate of Mold Damage Remediation (CMDR) documentation, and Post-Remediation Verification (PRV) / Clearance Reports.
Withholding for Non-Payment: Delivery, release, or digital transmission of finalized written deliverables, certified laboratory data packages, signed state compliance documents, and regulatory clearance certificates are strictly contingent upon receipt of payment in full. ATX Mold Solutions LLC reserves the right to withhold finalized deliverables and state filings until all outstanding balances are settled.
4. Late Payments, Interest & Collections
Any outstanding invoice balance remaining unpaid past the due date shall accrue a late finance charge of 1.5% per month (18% per annum) or the maximum legal rate allowed under Texas law, whichever is less, calculated daily from the payment due date until paid in full. The Client agrees to pay all reasonable costs of collection, including administrative fees, third-party collection costs, court costs, and reasonable attorney’s fees incurred by ATX Mold Solutions LLC in enforcing these payment terms.
5. Texas Regulatory Compliance & Independence of Trades
TDLR Regulatory Authority: All mold assessments, protocol engineering, and clearance evaluations are performed in accordance with Texas Occupations Code Chapter 1958, 16 TAC Chapter 78, and the Texas Mold Assessment and Remediation Rules (TMARR).
Strict Trade Separation: In compliance with Texas Department of Licensing and Regulation (TDLR) rules, ATX Mold Solutions LLC operates strictly as an independent assessment consultancy. We do not perform physical remediation, reconstruction labor, or contractor project management, and we maintain no shared financial interest in any licensed Mold Remediation Contractor (MRC).
6. Scope Limitations & Diagnostic Parameters
Accessible Non-Destructive Baseline: Unless an invasive structural cavity inspection is explicitly retained in writing, assessments are limited to building materials and conditions that are visually apparent and safely accessible at the time of investigation. Assessors are not required to move furniture, personal belongings, or enter hazardous areas.
Snapshot in Time: Microbial ecology and moisture migration are dynamic conditions that change daily. Our findings, moisture logs, and reports reflect site conditions evident only on the date and time of the physical assessment.
Medical Disclaimer: ATX Mold Solutions LLC and its consultants provide structural and environmental diagnostics; they are not medical practitioners. No reports, protocols, or consulting opinions constitute medical advice, toxicological diagnoses, or health prognoses.
Limitation of Financial Liability & Third-Party Restrictions
Fee Multiplier Cap: To the maximum extent permitted by applicable law, the total aggregate liability of ATX Mold Solutions LLC, its members, consultants, and agents for any and all claims, losses, or damages arising out of or related to this Agreement or our services shall be strictly limited to the total professional fees actually paid to ATX Mold Solutions LLC for the specific project.
No Consequential Damages: In no event shall ATX Mold Solutions LLC be liable for indirect, incidental, special, consequential, or punitive damages—including, but not limited to, lost rental income, commercial downtime, temporary relocation costs, or diminished property value.
Sole & Exclusive Use: All deliverables, protocols, and reports are prepared solely and exclusively for the named Client. Any unauthorized reliance, transfer, or use by third parties (such as subsequent buyers, prospective tenants, or outside lenders) is strictly prohibited and is at the user's sole legal and financial risk.
8. Governing Law & Jurisdiction
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any legal action, proceeding, or dispute arising under this Agreement shall be brought exclusively in state or federal courts of Texas.
9. Modifications to Terms of Service
ATX Mold Solutions LLC reserves the right to modify or update these Terms and Conditions of Service at any time without prior notice. Your continued booking, authorization, or use of our diagnostic and environmental consulting services constitutes binding acceptance of any such modifications or revisions.
Contact Details
ATX Mold Solutions LLC
Email:info@atxmoldsolutions.com
Phone: (512) 588-7144