This Privacy Policy describes how Pro-Vac, Kantex, Cyclone, T-Rex Services, and Vac-One (“we,” “our,” or “us”) collect, use, and protect your information when you visit any of our websites, including:
https://www.pro-vac.com/
https://www.kantex.com/
https://www.trexservices.com/
https://www.vac-one.com/
and any related subdomains, microsites, or online services (collectively, the “Sites”).
TERMS AND CONDITIONS FOR SERVICES
Version 2026-01-01
1. Applicability
(a) These Terms and Conditions for Services ("Terms") are the only terms that govern the provision of services by Pro-Vac Holdings Inc., a Delaware corporation, and its direct and indirect subsidiary companies ("Service Provider") to the customer identified in the applicable governing documents ("Customer").
(b) These Terms, together with any applicable Authorization to Proceed, Proposal, Estimate, or Master Service Agreement (collectively, "Governing Documents"), constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, whether written or oral. If an active Master Service Agreement (MSA) exists and applies, the MSA controls in the event of conflict. If no MSA exists, these Terms govern.
(c) These Terms prevail over any Customer terms and conditions, regardless of how or when submitted. Performance of services does not constitute acceptance of Customer terms.
2. Services
Service Provider shall perform the services described in the Governing Documents ("Services") in accordance with these Terms.
3. Performance Dates
Any performance dates are estimates only. Service Provider will use commercially reasonable efforts to meet them.
4. Customer Obligations
Customer shall:
(a) Cooperate with Service Provider and provide reasonable access to premises, facilities, and resources.
(b) Provide timely direction, approvals, and information.
(c) Ensure all provided materials and information are complete and accurate.
(d) Obtain and maintain all required licenses and comply with applicable laws.
5. Customer Acts or Omissions
Service Provider is not liable for delays or failures caused by Customer or its agents, contractors, or employees.
6. Change Orders
Changes must be agreed to in writing. If Customer requests additional services and accepts the benefit, Service Provider is entitled to compensation at standard rates even if no formal change order is executed.
7. Fees and Payment Terms
(a) Fees are based on Service Provider’s standard rate schedule.
(b) Customer reimburses reasonable travel and out-of-pocket expenses.
(c) Payments are due per invoice terms and payable in U.S. dollars by wire, ACH, EFT, check, or credit card. Processing or returned check fees may apply as permitted by law.
(d) Late payments may incur 1.5% monthly interest (or maximum allowed), suspension of services, or advance payment requirements.
8. Taxes
Customer is responsible for all applicable taxes, duties, and charges.
9. Intellectual Property
All intellectual property remains the property of Service Provider. Upon full payment, Customer receives a limited, non-exclusive, non-transferable license for the intended project purpose only.
10. Confidential Information
All non-public or proprietary information disclosed is confidential and may not be disclosed without prior written consent, except information that is public, previously known, or lawfully obtained from a third party.
11. Representation and Warranty
Service Provider warrants services will be performed professionally and in accordance with industry standards.
12. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED, SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
13. Limitation of Liability
(a) Service Provider’s total liability is limited to the lesser of fees paid for the services or $10,000.
(b) Neither party is liable for indirect, incidental, or consequential damages.
(c) Limitations do not apply to fees owed or liability that cannot be limited by law.
14. Indemnification
Customer will indemnify and hold harmless Service Provider from claims arising from Customer’s breach, negligence, or misconduct, except to the extent caused by Service Provider’s gross negligence or willful misconduct.
15. Insurance
Service Provider will maintain commercially reasonable insurance. Customer must maintain general liability insurance with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate.
16. Term and Termination
(a) These Terms remain in effect until completion or termination.
(b) Service Provider may terminate with five (5) days’ written notice. Customer may terminate for convenience with thirty (30) days’ notice.
(c) Upon termination, Customer must pay for all services performed plus a termination fee equal to 10% of remaining contract value.
17. Force Majeure
Neither party is liable for delays caused by events beyond reasonable control.
18. Assignment and Subcontracting
Assignment requires consent except to affiliates or successors. Service Provider may subcontract services.
19. Independent Contractor
Service Provider is an independent contractor. No partnership or employment relationship is created.
20. Governing Law and Venue
These Terms are governed by Texas law. Venue is Harris County, Texas. Jury trial is waived.
21. Notices
Notices must be in writing and delivered by personal delivery, certified mail, or overnight courier to:
Pro-Vac Holdings Inc., 2909 Aaron Street, Deer Park, TX 77536
22. Entire Agreement
These Terms constitute the entire agreement. Amendments must be in writing and signed.
23. Severability
If any provision is unenforceable, the remainder remains in effect.
24. Waste
Customer warrants all waste is non-hazardous and remains responsible for proper classification and disposal. Hazardous waste discovery will result in additional charges.