Terms of Service & Liability Disclaimer

1. Introduction

These Terms of Service and Liability Disclaimer (“Terms”) govern the provision of locating and related services by SDL Utility Locating, a division of Smart Digging LLC (“Company,” “SDL,” “we,” or “us”) to the client (“Client,” “you,” or “your”). By requesting, scheduling, or accepting services from SDL, Client accepts and agrees to be bound by these Terms. If you do not agree with these Terms, do not request or accept services.

2. Scope of Services

SDL provides private utility locating and verification services for underground facilities and subsurface features. Services may include electromagnetic locating, ground penetrating radar (GPR), mapping, documentation, or related consulting. SDL does not perform excavation or construction work.

3. Service Limitations & Accuracy

All locating and GPR services are detection-based and interpretive. Results are approximate and subject to limitations, including but not limited to: soil composition, depth, utility material, signal shielding, site congestion, interference, surface obstructions, and environmental conditions. Depths and horizontal positions provided are estimates only and may vary. SDL does not guarantee that all utilities, conduits, or subsurface objects will be located or identified.

3A. Public Utility Markings (811 Verification)

SDL Utility Locating provides verification of public utility markings as a supplementary service (“Beyond 811 Verification”). SDL does not replace or act as the 811 One Call system. Clients are legally required to contact 811 prior to any excavation, in accordance with the Illinois Underground Utility Facilities Damage Prevention Act (220 ILCS 50/). SDL assumes no responsibility or liability for incomplete, inaccurate, or omitted public utility markings performed by 811 or any associated utility providers. SDL’s verification services are limited to visible or traceable utilities and do not include identifying unmarked or incorrectly marked public utilities.

3B. Limitations of Detection

Utility locating technologies detect conductive or otherwise traceable targets. Certain utilities or structures — such as plastic, clay, concrete, or other non-conductive materials — may not be detectable. Soil composition, depth, moisture content, interference, or the presence of rebar or other subsurface obstacles may affect results. No warranty, expressed or implied, is provided as to the completeness or accuracy of locate results. Clients are encouraged to exercise caution and verify markings prior to excavation or ground disturbance.

4. Client Responsibilities

Client shall: (a) contact public One-Call/811 services and permit those public markings before private locating; (b) provide accurate site information, legal access, and any available as-built drawings; (c) ensure the work area is safe and accessible; (d) provide known utility locations and de-energize utilities where applicable; (e) verify SDL’s markings prior to excavation, coring, drilling, cutting, or boring; and (f) maintain compliance with all applicable laws, codes, and safety regulations during any ground disturbance.

5. Customer Acts or Omissions

SDL shall not be liable for any damage, loss, or delay resulting from Client’s failure to provide adequate access, accurate information, or proper notifications. If site conditions prevent safe or effective service performance, SDL may reschedule or terminate the service at its discretion, and Client may be responsible for applicable fees.

6. Equipment and Data

All locating equipment, software, and data generated remain the property of SDL unless otherwise agreed in writing. Data provided to Client is for informational purposes only and is not intended to replace engineering design, survey work, or excavation safety practices.

7. Reports and Deliverables

Any sketches, maps, or digital files provided are interpretive representations based on field observations and instrument readings at the time of service. SDL makes no guarantee of absolute accuracy or completeness of any report or deliverable.

8. Safety and Site Conditions

Client is responsible for ensuring that work areas are safe, accessible, and free from hazards. SDL reserves the right to refuse or discontinue work if unsafe conditions are identified. Client agrees to indemnify and hold SDL harmless for any claim arising from unsafe site conditions beyond SDL’s control.

9. Scheduling and Delays

Service schedules are estimates and may be affected by weather, site conditions, access, or other factors beyond SDL’s control. SDL shall not be liable for costs, damages, or penalties resulting from delays.

10. Payment Terms

Payment is due upon completion unless otherwise stated in writing. Overdue balances may incur late fees of 1.5% per month (or the maximum permitted by law). SDL reserves the right to withhold deliverables or suspend services for nonpayment.

11. Cancellations

Cancellations made less than 24 hours before a scheduled appointment may be subject to a cancellation fee. Excessive rescheduling or no-shows may incur additional charges.

12. Warranties and Disclaimers

SDL provides services using commercially reasonable methods and industry-standard equipment and procedures. Private utility locating is an interpretive, detection-based service, and SDL does not guarantee the detection, identification, depth, or accuracy of any underground utilities or subsurface features. All services are provided “as is” and “as available.”
To the fullest extent permitted by Illinois law, SDL disclaims all express or implied warranties, including, without limitation, any warranties of accuracy, completeness, merchantability, fitness for a particular purpose, or non-infringement. Client acknowledges that all markings, maps, reports, and results are approximate and for informational purposes only and should be field-verified prior to excavation or subsurface work.

13. Limitation of Liability

To the fullest extent permitted by Illinois law, SDL Utility Locating and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, loss of business, or loss of data, even if advised of the possibility of such damages. SDL’s total aggregate liability for any claim arising out of or relating to these Terms shall not exceed the amount actually paid by Client for the specific service giving rise to the claim. Nothing in this Section shall be construed to limit or waive liability for gross negligence or willful misconduct, to the extent such liability cannot be waived under Illinois law. Client acknowledges that all utility markings, reports, and other deliverables are interpretive and approximate and must be field-verified prior to any excavation or subsurface work. Client further acknowledges that SDL is not responsible for damages resulting from unmarked, mismarked, or undetectable utilities beyond SDL’s detection limitations or information provided.

14. Indemnification

Client agrees to defend, indemnify, and hold harmless SDL, its employees, officers, and affiliates from and against any and all claims, damages, liabilities, and expenses arising out of or relating to Client’s negligence, use of locate data, excavation activities, or violation of applicable laws or these Terms.

15. Term and Termination

These Terms commence upon acceptance of an Order Confirmation and continue until services are complete unless earlier terminated for material breach or nonpayment. SDL may suspend or terminate services for nonpayment or material breach by Client.

16. Force Majeure

SDL is not liable for any delay or failure in performance resulting from events beyond its reasonable control, including acts of God, severe weather, flooding, fire, pandemics, governmental actions, labor disputes, supply shortages, or equipment failures. Time for performance shall be extended for a period equal to the duration of the delay.

17. 811 / One-Call and Public Utility Markings

Client is responsible for contacting the appropriate 811/One-Call system prior to excavation to obtain public utility markings. After public utilities have been marked, SDL may perform “Beyond 811 Verification” to verify those markings and locate private utilities not covered by 811. SDL shall not be responsible for errors, omissions, or damages related to public utility markings or the actions of public locators.

18. Governing Law; Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Cook County, Illinois, and the parties hereby consent to personal jurisdiction and venue in those courts.

19. Revisions

SDL may revise these Terms at any time by posting a revised version on its official website with an updated “Last Updated” date. Continued use of SDL’s services after posting constitutes acceptance of the revised Terms. In the event of a signed written agreement, that agreement will control to the extent of any conflict with these Terms.

20. Severability; Waiver; Survival

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default. Provisions relating to indemnification, limitation of liability, confidentiality, intellectual property, and payment obligations shall survive termination or expiration of these Terms.

21. Entire Agreement; Assignment

These Terms, together with any Order Confirmation or Service Agreement, constitute the entire agreement between SDL and Client and supersede all prior or contemporaneous understandings, whether oral or written. Client may not assign or transfer any rights or obligations under these Terms without SDL’s prior written consent. SDL may assign these Terms to its affiliates or successors in connection with a merger, acquisition, or sale of assets.

22. Contact Information

Questions regarding these Terms should be directed to:
SDL Utility Locating, a division of Smart Digging LLC
Des Plaines, IL 60016
Phone: (312) 985-6106
Email: [email protected]