Terms & Conditions

Maui Land Surveyors LLC

Effective Date: November 2, 2026

1. General Terms

Welcome to Maui Land Surveyors LLC ("MLS," "Company," "we," "us," or "our"). These Terms & Conditions govern the use of our website, requests for services, and, when incorporated into a proposal or service agreement, the provision of professional surveying services by MLS.

By accessing or using our website, visitors agree to the terms applicable to website use. Clients engaging MLS for professional services are subject to the applicable proposal, accepted scope of services, and these Terms & Conditions when incorporated into their service agreement.

MLS reserves the right to amend these Terms & Conditions from time to time. Changes will be published on our website and will apply prospectively. Changes to an existing service agreement require agreement by the parties unless otherwise provided in that agreement.

2. Professional Services

Maui Land Surveyors LLC provides professional land surveying and related geospatial services throughout Maui County and other locations as agreed upon.

Services may include, but are not limited to:

Boundary surveys, retracement surveys, and property corner identification.
Topographic, planimetric, and existing-conditions surveys.
Construction surveying and staking.
Easement research, mapping, and legal descriptions.
Condominium Property Regime (CPR) site plans and surveying support.
Shoreline surveys and related mapping.
Aerial surveying, photogrammetry, LiDAR, and geospatial data collection.
Other professional surveying and mapping services identified in an accepted proposal.

All services are performed in accordance with applicable professional standards, laws, and regulations and are subject to the agreed scope of work.

Services not expressly included in the accepted proposal are excluded unless subsequently authorized.

3. Proposals, Estimates, and Authorization

Proposals and estimates issued by MLS describe the anticipated scope of work, services, fees, and any project-specific conditions.

Unless otherwise stated, proposals are valid for thirty (30) calendar days from issuance.

Acceptance may occur through written approval, an electronic acknowledgment, a signed agreement, or another mutually recognized method demonstrating agreement to the proposal and its incorporated terms.

Acceptance of a proposal or issuance of a Notice to Proceed constitutes authorization for the identified services, but does not automatically establish a scheduled commencement date.

MLS may require an initial payment before scheduling, mobilization, field operations, research, or other professional services begin.

If an accepted proposal expressly incorporates these Terms & Conditions, the client acknowledges their application to the project.

In the event of a conflict between these Terms & Conditions and a specifically negotiated written agreement, the specifically negotiated provisions shall control.

4. Initial Payments and Scheduling

Unless otherwise specified in the proposal, MLS generally requires an initial payment equal to fifty percent (50%) of the quoted professional service fee before commencing work.

This payment may be identified as an initial service payment, project initiation payment, or mobilization payment.

The initial payment is applied toward the total agreed project fee and may cover project administration, professional review, document research, planning, scheduling, resource allocation, mobilization, and other authorized services.

A project is not considered confirmed for scheduling until MLS receives the required initial payment, unless MLS expressly agrees otherwise in writing.

Acceptance of a proposal or issuance of a Notice to Proceed does not obligate MLS to begin services before satisfaction of the applicable payment requirements.

Initial payments are not automatically refundable. Upon cancellation or termination, MLS may apply the payment toward services performed, expenses incurred, and other amounts recoverable under the applicable agreement and law. Any remaining unearned balance will be refunded as required.

Payment of an invoice may provide additional evidence of the client's acceptance of the applicable proposal and terms, particularly when the invoice clearly identifies and links to those terms. Payment alone does not necessarily establish acceptance of every contractual provision.

5. Fees, Invoicing, and Final Payment

Professional service fees may be quoted as fixed fees, estimated fees, hourly rates, daily rates, or a combination thereof.

Unless otherwise indicated, quoted fees exclude applicable taxes, governmental charges, permit fees, recording fees, and third-party expenses.

Applicable Hawaiʻi General Excise Tax may be added to invoices.

Additional invoices may be issued for approved additional services, reimbursable expenses, project milestones, or completed services.

All outstanding amounts associated with a project must be paid in full before final deliverables are furnished, unless MLS expressly agrees otherwise in writing.

MLS may withhold final survey maps, reports, legal descriptions, digital files, and other deliverables pending payment of amounts properly due under the agreement, to the extent permitted by applicable law and professional obligations.

Past-due accounts may result in suspension of services, subject to applicable law and any required notice.

The client remains responsible for authorized services performed and expenses incurred through the effective date of any suspension or termination.

6. Scope of Work and Additional Services

MLS's obligations are limited to those services expressly described in the accepted proposal or subsequent written authorization.

Changes in project scope, property conditions, client requirements, agency requirements, or available information may require additional professional services and corresponding fees.

Examples include:

Additional boundary research or examination of conflicting records.
Discovery of missing, disturbed, or conflicting survey monuments.
Expansion of the survey area or additional parcels.
Additional site visits, staking, or monument replacement.
Unexpected site conditions or restricted access.
Significant vegetation clearing or obstruction removal.
Additional mapping, drafting, revisions, or data processing.
Changes requested after completion of fieldwork or preparation of deliverables.
Additional coordination with government agencies, neighboring owners, attorneys, title companies, or other consultants.

MLS will advise the client when material additional services become reasonably apparent and obtain authorization before proceeding, except where otherwise permitted by the agreement.

Additional services may be quoted separately or billed according to agreed rates.

7. Property Access and Site Conditions

The client is responsible for identifying the property to be surveyed and providing accurate property information, including available deeds, title documents, prior surveys, easements, access agreements, and other relevant records.

The client is responsible for obtaining necessary permissions for access to property under the client's control and for coordinating access to other properties when required.

MLS does not represent that its engagement independently grants legal authority to enter neighboring or restricted property.

If access is unavailable or unsafe, MLS may postpone, modify, or suspend field operations.

Survey work may be affected by vegetation, terrain, weather, flooding, watercourses, unstable ground, animals, construction activity, hazardous materials, or other site conditions.

MLS reserves the right to discontinue unsafe operations and coordinate necessary adjustments to the scope, schedule, or fee.

Unless expressly included in the proposal, vegetation clearing, excavation, demolition, utility exposure, and other physical site preparation are excluded.

8. Boundary Determinations and Survey Evidence

Boundary surveys require professional evaluation of available record information, physical evidence, historical occupation, survey monuments, and other relevant circumstances.

MLS exercises independent professional judgment when evaluating evidence and determining property boundaries.

Recorded descriptions, tax maps, GIS boundaries, fences, walls, existing occupation, and representations made by property owners or other parties may not coincide with legally established property boundaries.

The discovery of conflicting evidence, boundary discrepancies, encroachments, or title-related questions may require additional investigation or services beyond the original scope.

MLS does not guarantee that every boundary dispute can be resolved through surveying services alone.

Legal determinations involving ownership, title, prescriptive rights, adverse possession, or the judicial establishment of disputed boundaries are outside the scope of professional surveying services unless expressly identified as an appropriate surveying-related service. Clients should seek qualified legal counsel when necessary.

Survey monuments will be recovered, set, or referenced in accordance with the agreed scope, applicable requirements, site conditions, and the professional judgment of the responsible surveyor.

9. Accuracy and Limitations of Geospatial Information

Survey measurements and mapping products are prepared using professional methods appropriate to the intended purpose and agreed scope.

Accuracy, precision, resolution, and completeness may vary depending on methodology, equipment, terrain, vegetation, visibility, coordinate systems, and other conditions.

Aerial imagery, photogrammetry, LiDAR, GNSS observations, and other geospatial datasets may contain limitations associated with data collection, processing, classification, and interpretation.

Unless specifically certified for that purpose, preliminary mapping, GIS data, aerial imagery, conceptual exhibits, and unverified datasets shall not be used as substitutes for a boundary survey or other required professional certification.

The client is responsible for using deliverables only for their stated and intended purposes.

10. Project Schedules and Delays

MLS will make reasonable efforts to perform services within anticipated project schedules.

Estimated commencement dates, fieldwork dates, and completion dates are subject to availability, weather, access, required records, agency coordination, client responsiveness, and other circumstances.

Unless expressly agreed in writing, stated completion dates are estimates rather than guaranteed deadlines.

MLS is not responsible for delays resulting from circumstances outside its reasonable control.

If delays materially affect the scope, availability of personnel, or cost of performance, MLS may propose reasonable adjustments for client approval.

11. Deliverables and Professional Records

Deliverables are limited to the products expressly identified in the accepted proposal.

Depending on the engagement, deliverables may include signed survey maps, survey reports, staking documentation, exhibits, legal descriptions, CAD files, GIS files, or other agreed products.

Unless specifically included, MLS is not obligated to furnish raw field observations, instrument files, research compilations, processing files, original LiDAR point clouds, photogrammetric source imagery, proprietary templates, internal calculations, or other underlying work files.

MLS retains ownership of its internal professional records, methodologies, working files, and proprietary materials, subject to applicable law and express contractual agreements.

Upon satisfaction of the applicable payment obligations, the client receives the right to use final deliverables for their agreed project purpose, subject to any use restrictions specified in the proposal.

Deliverables may not be materially altered, misrepresented, or used for unrelated projects without appropriate authorization.

12. Third-Party Reliance

Professional services and deliverables are prepared for the identified client and the specific purpose described in the applicable agreement.

No other person or entity is automatically entitled to rely upon MLS's professional services or deliverables solely because they receive a copy.

Third-party reliance, certification, or additional authorized use may require written approval from MLS and may be subject to additional professional review, fees, or a separate agreement.

This provision does not limit rights or obligations imposed by applicable law.

13. Client Responsibilities

Clients agree to provide reasonably accurate information and timely responses necessary for MLS to perform the agreed services.

Clients are responsible for identifying relevant project requirements, communicating known site hazards, arranging necessary access, reviewing submitted information, and notifying MLS promptly of concerns or requested changes.

MLS may reasonably rely on information provided by the client and other identified sources while exercising the independent professional judgment required for licensed surveying services.

14. Cancellation, Suspension, and Termination

Either party may request termination of services by providing written notice.

Upon termination, the client is responsible for payment for authorized professional services performed, properly incurred expenses, and any additional termination charges expressly agreed upon and legally recoverable.

MLS may suspend or terminate services for nonpayment, unsafe conditions, inability to obtain required access or information, material breach, or other reasonable professional grounds, subject to any applicable notice and professional obligations.

Any advance payment exceeding amounts properly earned or chargeable will be refunded as required by the agreement and applicable law.

15. Professional Responsibility and Limitations of Liability

MLS will perform professional services with the care and skill ordinarily exercised by reasonably competent land surveying professionals performing similar services under comparable circumstances.

MLS makes no guarantee of a particular legal, administrative, permitting, development, or project outcome.

To the extent permitted by applicable law, MLS is not responsible for losses resulting from the unauthorized modification, misuse, or use of preliminary or incomplete deliverables outside their intended purpose.

Nothing in these Terms & Conditions excludes liability that cannot lawfully be excluded or restricts the independent professional obligations of a licensed land surveyor.

Any additional contractual allocation or limitation of liability must be specifically stated in the applicable service agreement and is subject to applicable law.

16. Confidentiality and Project Information

MLS will exercise reasonable care in handling confidential client information and project materials.

Information may be disclosed when authorized by the client, necessary to perform the agreed services, required by applicable law, or necessary to protect legitimate legal or professional interests.

MLS may maintain project records for documentation, quality control, legal compliance, and professional recordkeeping.

Unless otherwise agreed, confidentiality obligations do not prevent MLS from retaining its underlying survey observations, calculations, work products, and internal records.

Any public use of identifiable client project materials for marketing or portfolio purposes will be subject to applicable confidentiality obligations and permissions.

17. Website Content and Intellectual Property

The content of the MLS website, including text, graphics, photographs, maps, diagrams, logos, and other materials, is owned by MLS or used with appropriate permission unless otherwise stated.

Website visitors may not reproduce, distribute, modify, or commercially exploit proprietary website content without prior written authorization, except as permitted by law.

Information presented on the website is intended for general informational purposes and does not constitute a site-specific survey, legal opinion, or professional certification.

Submitting an inquiry through the website does not, by itself, create a professional-client relationship or obligate MLS to perform services.

18. Website Availability and External Links

MLS endeavors to maintain accurate and accessible website information but does not guarantee uninterrupted operation or the absence of technical errors.

The website may include links to external websites or resources. MLS does not control those resources and is not responsible for their content, security, or availability.

Use of the website is subject to applicable law and reasonable restrictions against misuse, unauthorized access, or interference with its operation.

19. Electronic Communications and Documents

MLS may communicate with clients through email, electronic proposals, invoices, client portals, and other mutually accepted methods.

Electronic approvals and acknowledgments may constitute valid agreement when permitted by law and supported by the circumstances of the transaction.

Clients should retain copies of proposals, invoices, agreements, and these Terms & Conditions for their records.

MLS may use electronic systems to document authorization, communications, invoices, and payments.

20. Governing Law and Dispute Resolution

These Terms & Conditions and any service agreement incorporating them shall be governed by the laws of the State of Hawaiʻi, except where applicable law requires otherwise.

The parties agree to make reasonable good-faith efforts to resolve disagreements through direct communication before initiating formal legal proceedings.

Unless otherwise required by law or expressly agreed in writing, disputes arising from an MLS service agreement shall be brought before a court of competent jurisdiction in the State of Hawaiʻi, with venue in Maui County where legally appropriate.

21. Severability and Entire Agreement

If any provision of these Terms & Conditions is found unenforceable, the remaining provisions shall continue in effect to the extent permitted by law.

For professional services, the accepted proposal, these Terms & Conditions when incorporated, and any written amendments or additional agreements constitute the parties' agreement concerning the specified scope.

No oral representation modifies the written agreement unless confirmed by an authorized representative of MLS and agreed upon by the parties.

22. Contact Information

Maui Land Surveyors LLC

Maui, Hawaiʻi

For questions regarding these Terms & Conditions, professional services, or project agreements, please contact MLS through the contact information provided on our official website.