Terms of Service

Last Updated: January 27, 2026

Welcome to Helmick Underground LLC. These Terms of Service ("Terms") govern your use of our website, services, and interactions with our business. By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.

1. Services Provided

Helmick Underground LLC provides professional underground utility contractor services, including but not limited to:

• Horizontal directional drilling and boring
• Trenching and excavation
• Fiber optic installation and line pulling
• Utility plowing and locating
• Light demolition services
• Concrete work and site preparation
• Skid loader and equipment services

All services are subject to availability, scheduling, and the terms of individual project agreements.

2. Quotes and Estimates

Quotes and estimates provided by Helmick Underground LLC are:

• Valid for 30 days from the date of issuance, unless otherwise specified
• Based on information provided by the customer and site conditions known at the time
• Subject to change if project scope, site conditions, or material costs change
• Not binding until a written contract or work order is signed by both parties
• Provided free of charge for most standard projects

Final pricing may vary based on actual work performed, unforeseen conditions, or changes requested by the customer.

3. Project Agreements and Contracts

Before work begins, we will provide a written agreement outlining:

• Scope of work and project specifications
• Project timeline and estimated completion date
• Total cost, payment terms, and schedule
• Responsibilities of both parties
• Any special conditions or requirements

Verbal agreements are not binding. All project modifications must be documented in writing and approved by both parties.

4. Payment Terms

Unless otherwise agreed in writing:

• Payment is due upon completion of services or as specified in the project agreement
• Invoices are payable within 30 days of the invoice date
• A deposit may be required for large projects or materials procurement
• Late payments may incur interest charges at the rate of 1.5% per month (18% annually)
• We reserve the right to suspend work or place liens on property for non-payment
• Acceptable payment methods include check, cash, and electronic payment (as available)

5. Customer Responsibilities

As a customer, you agree to:

• Provide accurate information about the project site, utilities, and requirements
• Obtain necessary permits, approvals, and permissions before work begins (unless otherwise agreed)
• Ensure safe access to the work site for our equipment and personnel
• Mark or identify underground utilities, irrigation systems, or other obstacles
• Secure any necessary easements or rights of way
• Notify us immediately of any changes to project requirements or site conditions
• Keep pets and unauthorized persons away from the work area during operations

6. Site Conditions and Utility Locates

While we take every precaution to avoid damage to underground utilities:

• Customers are responsible for calling Iowa One Call (811) or arranging professional utility locates before work begins
• We are not responsible for damage to unmarked, incorrectly marked, or improperly documented utilities
• Additional charges may apply for work delays caused by unmarked utilities or site access issues
• Unforeseen site conditions (e.g., rock, contaminated soil, unstable ground) may result in additional costs

7. Scheduling and Delays

We strive to complete projects on time, but schedules may be affected by:

• Weather conditions
• Unforeseen site conditions
• Equipment breakdowns or repairs
• Delays in obtaining permits or materials
• Customer-requested changes or delays

We are not liable for delays beyond our reasonable control. If significant delays occur, we will communicate with you promptly to reschedule work.

8. Warranty and Workmanship

We stand behind the quality of our work:

• All work is performed to industry standards and applicable codes
• We warrant our workmanship against defects for a period of one (1) year from project completion
• This warranty does not cover damage caused by acts of nature, third parties, improper use, or lack of maintenance
• Equipment, materials, and products supplied by third parties are covered by their respective manufacturer warranties
• Claims must be reported in writing within 30 days of discovery

9. Limitation of Liability

To the fullest extent permitted by law:

• Our total liability for any claim arising from our services shall not exceed the amount paid for the specific project
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not responsible for damage to landscaping, driveways, or other property unless caused by our negligence
• We are not liable for delays, interruptions, or failures beyond our reasonable control
• You agree to indemnify and hold us harmless from claims arising from your failure to meet obligations under these Terms

10. Insurance and Licensing

Helmick Underground LLC maintains:

• General liability insurance
• Workers' compensation insurance for our employees
• All required state and local business licenses and certifications

Proof of insurance is available upon request for contracted projects.

11. Cancellation and Refund Policy

• Quote/Estimate Stage: Either party may cancel without penalty before a contract is signed
• After Contract Signing: Cancellations must be made in writing. Cancellation fees may apply based on work completed, materials ordered, and scheduling impacts
• Deposits: Deposits for materials or equipment are generally non-refundable once ordered
• Weather/Emergency: We may reschedule work due to unsafe conditions without penalty to either party

12. Property Damage and Restoration

We take care to minimize property disruption, but underground utility work requires excavation and may cause temporary disturbance. Unless otherwise specified:

• Trenches and excavations will be backfilled and compacted
• Surface restoration (e.g., seeding, gravel replacement) may be included or charged separately as specified in your agreement
• We are not responsible for restoring landscaping, sod, or decorative features unless explicitly included in the contract
• Any property damage caused by our negligence will be repaired or compensated as appropriate

13. Safety and Compliance

Safety is our top priority:

• All work is performed in accordance with OSHA regulations and industry safety standards
• Customers and third parties must stay clear of active work zones
• We reserve the right to stop work if unsafe conditions exist
• You must notify us of any known hazards on the property (e.g., asbestos, contaminated soil)

14. Intellectual Property

All content on our website, including text, images, logos, and design elements, is the property of Helmick Underground LLC and protected by copyright and trademark laws. You may not use, reproduce, or distribute our content without written permission.

15. Website Use

When using our website, you agree to:

• Provide accurate and truthful information in all forms and communications
• Not engage in any unlawful, harmful, or disruptive activity
• Not attempt to access unauthorized areas or systems
• Not transmit viruses, malware, or harmful code

We reserve the right to terminate access to our website for violations of these Terms.

16. Third-Party Links

Our website may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of external sites. Your use of third-party websites is at your own risk.

17. Dispute Resolution

In the event of a dispute:

• We encourage good-faith communication to resolve issues informally
• If informal resolution fails, disputes shall be governed by the laws of the State of Iowa
• Any legal action must be brought in the courts of Linn County, Iowa
• Each party shall bear their own legal costs unless otherwise awarded by the court

18. Force Majeure

We are not liable for delays or failures to perform due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of God, government actions, labor disputes, equipment failures, or pandemics.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Entire Agreement

These Terms, together with any written project agreements, constitute the entire agreement between you and Helmick Underground LLC. These Terms supersede any prior verbal or written agreements.

21. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.

22. Contact Information

If you have questions about these Terms or our services, please contact us:

Helmick Underground LLC
498 Elbow Creek Rd
Mount Vernon, IA 52314
Email: HelmickUnderground@gmail.com
Phone: Tommy Helmick - (319) 721-9925
Phone: Travis Helmick - (319) 551-4323

By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.