Terms & Conditions.

1. Acceptance

These Terms are an agreement between you and NewBuild Telecom Consulting (New Build Telecom LLC, a Colorado limited liability company) ("NewBuild," "we," "us"). By using this website, checking the Terms & Conditions box at checkout, or placing an order, you agree to these Terms. If you do not agree, do not use the site or order our services.

Our services are offered for business use only. If you order on behalf of a company, you confirm that you are authorized to accept these Terms on its behalf, and "you" means both you and that company.

2. What we do

NewBuild Telecom Consulting is an outside-plant fiber advisory firm. Our services include the GroundTruth Snapshot, Snapshot + Analysis, Shovel-Ready Engineering, and Implementation / Takeover engagements as described on this site. The specific scope of any engagement beyond a Snapshot or Snapshot + Analysis is governed by a separate written engagement letter or statement of work.

3. Orders & payment

Snapshot and Snapshot + Analysis. Pricing, delivery windows, Expedite fees, and credit ladder terms are as stated on the order page at the time of purchase. Payment in full is required to begin work and is processed through our payment provider. Receipts are emailed on settlement.

Delivery windows. Delivery windows are stated in business days (Monday through Friday, excluding U.S. federal holidays). The window begins on the first business day after payment clears and we have the site information needed to start. Delivery windows are good-faith estimates and are not guaranteed completion dates.

Shovel-Ready Engineering and Implementation / Takeover. These engagements are custom-scoped. Pricing, payment schedule, deliverables, and timeline are set out in the engagement letter executed for each engagement.

4. Credit ladder

Where stated, fees paid for a lower phase apply as a 100% credit toward a higher phase on the same parcel within ninety (90) days of the original order. Credits are site-specific and do not pool across a portfolio. Credits are forfeited if the higher-phase engagement is not commenced within the credit window.

5. Refunds

All Snapshot and Snapshot + Analysis orders, including any Expedite fee, are final and non-refundable once the order is submitted. Work begins as soon as payment clears, so we do not issue refunds, partial refunds, or credits for any reason. This includes, without limitation:

• Changing your mind, or deciding not to proceed with the site, project, or transaction.
• The findings, carrier availability, route diversity, or feasibility conclusions not being what you expected or hoped for.
• The site being sold, dropped, rezoned, or otherwise no longer under consideration.
• Ordering the wrong service, the wrong site, duplicate sites, or an incorrect address or coordinates.
• Incomplete or inaccurate information provided at the time of order.
• Delays caused by missing information.
• Budget changes, internal approvals, or changes in your company's plans, ownership, or leadership.
• Obtaining similar information from a carrier, broker, or other consultant.
• Not reading, using, or acting on the deliverable.
• Choosing not to move forward with a higher-phase engagement.

Credits described in Section 4 have no cash value and cannot be refunded. For Shovel-Ready Engineering and Implementation / Takeover engagements, refund and termination provisions are set out in the applicable engagement letter.

6. Payment disputes

If you have a concern about an order, contact us first at the email address below so we can review it with you. Filing a chargeback or payment dispute for an order placed under these Terms is a breach of these Terms.

By checking the Terms & Conditions box at checkout, you agree that we keep a record of your acceptance, including the date and time, IP address, browser, order details, and the version of these Terms you accepted. You authorize us to provide these Terms, your order details, and that record to our payment provider or card issuer in response to any dispute, and you agree to reimburse the reasonable fees and costs we incur responding to a dispute that is not upheld.

7. Your responsibilities

You are responsible for the accuracy and completeness of the information you submit, including addresses, coordinates, site details, and tier requirements. We rely on that information as provided and are not responsible for errors, delays, or rework that result from information that is missing or inaccurate.

8. Nature of our deliverables

Snapshot and Snapshot + Analysis deliverables are desktop studies. They are prepared from the information we have on file and other sources available to us at the time of preparation. We do not have information from every carrier, provider, or facility, and a deliverable may not include every carrier, route, or facility that serves or could serve a site. Information in a Snapshot or Snapshot + Analysis has not been confirmed or validated by any carrier or provider.

Unless an engagement letter states otherwise, these deliverables:

• are not a carrier quote, carrier commitment, or guarantee that any carrier will serve a site, at any price, capacity, or timeline;
• are not a field survey, construction estimate, or engineering design, and are not sealed or certified by a licensed professional engineer;
• are not legal, financial, investment, real estate, or regulatory advice.

Carrier networks, availability, pricing, and policies change, often without notice. You are solely responsible for your decisions about site selection, acquisition, financing, leasing, construction, and any other action you take based on a deliverable.

9. Deliverables & intellectual property

Reports, designs, and other deliverables are licensed to the ordering client for internal use in connection with the project for which they were prepared. You may share a deliverable with your employees, affiliates, lenders, and professional advisors who need it for that project and who are bound to keep it confidential. Any other redistribution, resale, publication, or use for the benefit of third parties, including carriers, brokers, or competitors, requires our prior written consent.

We retain all rights in our methodologies, templates, tools, data compilations, know-how, and the GroundTruth name and format, including anything we develop while performing services. Nothing in these Terms transfers ownership of our intellectual property to you.

10. Confidentiality

Each party will treat the other's non-public information as confidential and use it only for purposes of the engagement. We routinely sign mutual non-disclosure agreements before exchanging carrier-sensitive material.

11. Independent advisory

NewBuild is an independent advisory firm. We do not act as a sales agent for any carrier and we receive no compensation from carriers for the engagements we lead on behalf of our clients.

12. Disclaimers

Deliverables are based on information available at the time of preparation, including third-party data sources and information furnished by carriers and clients. We exercise professional diligence in preparing every deliverable, but conditions in the field change. We do not warrant the accuracy, completeness, or currency of any third-party data referenced in a deliverable.

To the maximum extent permitted by law, our services, deliverables, and this website are provided "as is" and "as available," and we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the site will be uninterrupted or error-free.

13. Limitation of liability

To the maximum extent permitted by law, NewBuild will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenue, financing, tenants, or business opportunity, or the loss of any site or transaction, even if advised of the possibility of such damages.

To the maximum extent permitted by law, NewBuild's total aggregate liability arising out of or relating to a Snapshot or Snapshot + Analysis order is limited to the fees you actually paid for that order. Any claim must be brought within one (1) year after the deliverable for that order was delivered. Liability for larger engagements is governed by the applicable engagement letter.

14. Indemnification

You agree to defend, indemnify, and hold harmless NewBuild and its owners, employees, and contractors from any third-party claims, losses, and expenses, including reasonable attorneys' fees, arising out of your use or distribution of a deliverable, information you provided, or your breach of these Terms.

15. Events beyond our control

We are not responsible for delays or failures caused by events beyond our reasonable control, including outages or changes at data providers or carriers, government action, natural disasters, labor disputes, and internet or utility failures. Affected delivery windows are extended for the duration of the event.

16. Use of this website

You may not scrape, copy, or republish content from this site, attempt to interfere with its operation or security, or use it for any unlawful purpose. Links to third-party sites are provided for convenience; we are not responsible for their content.

17. Dispute resolution

Before filing any claim, you agree to contact us in writing and try in good faith to resolve the dispute for at least thirty (30) days. Claims may be brought only in your individual capacity and not as a plaintiff or class member in any class or representative proceeding. To the extent permitted by law, each party waives any right to a jury trial. In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs.

18. Governing law & venue

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Denver County, Colorado.

19. General

These Terms, together with your order and any applicable engagement letter, are the entire agreement between you and NewBuild about their subject matter. If an engagement letter conflicts with these Terms, the engagement letter controls for that engagement. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to a successor. Sections covering refunds, payment disputes, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution survive completion of any order.

20. Changes

We may update these Terms from time to time. Changes take effect when posted and apply to orders placed after that date. The "last updated" date at the top of this page shows when they last changed.

21. Contact

Questions about these Terms? Email contact@newbuildtelecomconsulting.com.