1. Agreement to These Terms
These Terms of Service govern access to and use of this website and the professional services offered by BioZent LLC. By visiting this website, sending an enquiry, requesting a quotation, booking a tunnel run or otherwise engaging the company, you agree to these terms. If you do not agree with them, please do not use the website and do not engage the services.
If you are accepting these terms on behalf of an organization, you represent that you have the authority to bind that organization, and the words you and your refer to that organization. If a separate written agreement signed by BioZent LLC covers the same subject, that signed agreement governs where the two documents conflict, because a negotiated contract reflects the intention of the parties more precisely than general terms.
The developer name BioZent identifies the technology team that builds and maintains this website. The professional services described here are provided by BioZent LLC, the operating company, whose principal address is 350 E 400 S Ste 500, Salt Lake City - 84111-2993, United States (US).
2. Who We Are
BioZent LLC is a computer integrated systems design practice in the professional, scientific and technical services sector. The company designs and operates wind tunnel test sections, builds instrumentation rigs, runs load testing programs, performs turbulence retrofit design, conducts calibration runs and provides sustained support contracts. The business is established in the United States and serves clients who need measured, documented aerodynamic and structural evidence.
You may reach the company at the address given above, by email at hello@biozent.buzz or by telephone on +18147192478 during published business hours. Formal notices relating to a contract should be sent to the street address so that there is a clear record of delivery.
3. Use of This Website
This website is provided for information about BioZent LLC and its services. You may view the pages, print them for your own reference and share links to them. You may use the content to evaluate whether the company can help with a project, to prepare an enquiry or to brief a colleague. These uses are permitted provided that you do not remove any notice of ownership and provided that you do not present the material as your own.
You are responsible for the equipment, software and network connection you use to reach the site. You should ensure that your own systems are secure and that you have the right to access the network you are using. We work to keep the site available, but we do not promise that access will be uninterrupted, and we may suspend or withdraw the site for maintenance, security or any other reason without notice.
We may change, remove or add content on the website at any time. Technical descriptions, illustrations and examples are provided to explain our practice and do not constitute a binding offer, a warranty of capability or a statement that a particular result can be achieved for your project. Only a written quotation or signed agreement creates an obligation on the part of BioZent LLC.
4. Prohibited Conduct
You agree not to misuse this website or the services. Prohibited conduct includes attempting to gain unauthorized access to any system, network or account, probing or scanning for vulnerabilities without written permission, introducing malicious code, interfering with the availability of the site, harvesting contact details for unsolicited messages and using the site in a way that breaks any law or regulation.
You also agree not to copy, reproduce, modify, distribute or republish substantial portions of the website content for a commercial purpose without written permission, and not to frame the site within another website in a way that suggests a relationship that does not exist. We reserve the right to take any lawful step to protect our systems, our content and our clients, including restricting access and reporting unlawful activity to the appropriate authority.
5. Enquiries, Quotations and Bookings
An enquiry through the contact form, by email or by telephone is an invitation to discuss, not a contract. We will review the request and, where the work fits our capability, provide a quotation that sets out the scope, the proposed tunnel configuration, the estimated number of runs, the deliverables and the price. A quotation is valid for the period stated in it and may be withdrawn if the assumptions behind it change.
A booking is confirmed only when BioZent LLC issues a written confirmation or when both parties sign an agreement. Until then, dates shown in a proposal remain provisional and may be offered to another client. Where a booking depends on the availability of a specific model, rig or specialist, the confirmation will state any condition that must be met before the run slot is held. If a condition is not met, we may release the slot and offer the next available date.
You are responsible for the accuracy of the information you give us. If a drawing, a material specification or a load assumption turns out to be wrong, the scope of work may change and the price or schedule may need to be revised. We will tell you promptly if we discover such a discrepancy and we will not proceed on a materially different basis without your agreement.
6. Fees, Invoicing and Payment
Fees are stated in the quotation. Unless the quotation says otherwise, fees are exclusive of taxes, duties, shipping and travel, which are charged as applicable. A quotation may include a mobilisation charge for setting up a rig, a daily or hourly rate for tunnel time, a fee for instrumentation and analysis and a charge for the final report. Where a campaign is cancelled after work has begun, charges may apply for the work completed and for costs already committed.
Unless agreed otherwise in writing, invoices are payable within thirty days of the invoice date. We may request a deposit before a run slot is held, particularly for a first engagement or for a campaign that requires new hardware. Overdue amounts may attract interest at the rate stated in the invoice or the maximum permitted by law, and we may suspend work on an overdue account after giving notice.
You are responsible for any bank charge, currency conversion cost or transfer fee associated with your payment. Where a purchase order or a supplier portal is required by your organization, please tell us before the quotation is accepted so that we can include the necessary reference on our documents.
7. Scheduling and Cancellation
Tunnel time is a limited resource, so cancellation terms protect both parties. If you cancel more than fourteen days before a confirmed run slot, we will reschedule without charge or refund any deposit less any cost already committed. If you cancel within fourteen days, we may charge a portion of the reserved time because the slot is difficult to rebook at short notice. If we cancel for a reason within our control, we will reschedule at no additional charge or return any amount paid for the affected work.
If a run cannot proceed because a model is not ready, because a client representative is not available to approve a configuration or because required materials have not arrived, the reserved time may be charged. We will always try to use the slot for preparation or calibration work that benefits the project before we charge for it, and we will discuss the options with you before any charge is applied.
Where a campaign is split across several sessions, the schedule will be agreed in advance. Changes requested mid campaign are accommodated where the tunnel calendar allows, but they may affect the price and the delivery date of the final report. We will confirm any revised arrangement in writing.
8. Client Materials and Site Access
Where you send a model, a component, a fixture, a drawing or data for use in a project, you confirm that you have the right to provide it and that its use by BioZent LLC for the agreed purpose does not infringe the rights of any third party. You are responsible for the condition and safety of any item you send. Items should be delivered clean, labelled and accompanied by any handling instructions that apply.
We will store your materials with reasonable care while they are in our possession and will return them as agreed at the end of the project. Unless the agreement says otherwise, we may dispose of materials that remain uncollected for ninety days after the final report is issued, after giving written notice to the contact address we hold. Where we attend your site, you agree to provide safe access, a suitable working area and the cooperation of your staff, and you remain responsible for site safety arrangements.
9. Intellectual Property
The content of this website, including text, layout, illustrations, graphics and code, is owned by BioZent LLC or licensed to it and is protected by copyright and other intellectual property laws. Your permitted use of the site does not transfer any ownership to you. All rights not expressly granted in these terms are reserved.
In a project, the position on intellectual property is set by the written agreement. Unless that agreement says otherwise, you retain ownership of your own models, drawings, data and specifications, and BioZent LLC retains ownership of its methods, tools, templates, calculation procedures, software and know how, including any improvement made during the project. You receive a licence to use the deliverables for the purpose for which they were commissioned, and we retain the right to use general knowledge and skill on other projects.
Where a deliverable includes third party material, the rights of that third party apply. If you wish to use a deliverable in a way that goes beyond the agreed purpose, please contact us so that any necessary permission can be arranged.
10. Confidentiality
Each party may receive confidential information from the other. Confidential information includes technical drawings, test data, commercial terms, client identities and any other material that a reasonable person would treat as private. The receiving party will use that information only for the project, will protect it with reasonable care and will not disclose it to anyone who does not need it for the project.
These obligations do not apply to information that is already public, that becomes public without any breach, that the receiving party already held lawfully, that is independently developed without using the confidential material or that must be disclosed by law or by a regulator. Where a lawful disclosure is required, the receiving party will give notice where that is permitted and will limit the disclosure to what is required.
Confidentiality obligations continue after a project ends, for the period stated in the written agreement or, where no period is stated, for five years from the date of disclosure. The obligation does not restrict the use of general knowledge or experience gained in the course of the work, provided that no specific confidential information is revealed.
11. Test Results and Technical Judgement
BioZent LLC performs testing and analysis with professional care and reports results honestly. A test result describes what was measured under the configuration recorded in the report. It does not guarantee that the same object will behave in the same way in another facility, at another scale or under conditions that were not tested. Scaling, boundary effects, model fidelity and instrumentation uncertainty all influence a measurement, and a competent engineer must interpret a result in the context of its stated uncertainty.
Where a report expresses an opinion about fitness for a purpose, that opinion is given in good faith on the basis of the information available at the time. The decision to certify, to build, to operate or to approve a design remains with the client or with the responsible authority. We are always willing to discuss a result, to explain the assumptions behind it and to propose additional runs where the evidence is not yet sufficient for the decision at hand.
12. Disclaimer of Warranties
This website and its content are provided on an as available basis. To the fullest extent permitted by law, BioZent LLC disclaims all warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose and non infringement, in relation to the website and its general information content.
Professional services carry the warranties that are expressly stated in the applicable written agreement. Nothing in this section excludes or limits a warranty that cannot lawfully be excluded, and nothing in this section affects any right you have under a mandatory consumer protection law where that law applies. Where a service is provided to a business, the warranties are those set out in the signed agreement and no others.
13. Limitation of Liability
To the fullest extent permitted by law, BioZent LLC will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill or business interruption, however caused and whether based in contract, tort, strict liability or any other theory, even if the company was advised of the possibility of such loss.
The total aggregate liability of BioZent LLC arising out of or relating to a project is limited to the amount actually paid to the company for the services giving rise to the claim. Where the law does not permit this limit, liability is limited to the greatest extent that the law allows. This allocation of risk is an essential basis of the bargain between the parties and it applies even if a limited remedy is found to have failed of its essential purpose.
Nothing in these terms limits liability for fraud, for wilful misconduct, for death or personal injury caused by negligence where such liability cannot be limited, or for any other liability that applicable law does not permit to be excluded.
14. Indemnification
You agree to indemnify and hold harmless BioZent LLC, its officers, employees and subcontractors against any claim, loss, liability, cost or expense, including reasonable legal fees, that arises from your breach of these terms, your violation of any law or the rights of a third party, or the use of a model, component or data that you provided and that you did not have the right to provide.
BioZent LLC will notify you promptly of any claim for which it seeks indemnification, will give you the opportunity to participate in the defense where appropriate and will not settle a claim in a way that imposes an obligation on you without your written consent. The obligation to indemnify survives the end of the project and the termination of any agreement.
15. Third Party Links
This website may contain links to third party websites. Those links are provided for convenience and do not imply endorsement. BioZent LLC does not control the content of a third party site and is not responsible for its accuracy, its availability or its privacy and security practices. If you choose to follow a link, you do so at your own risk and you should review the terms and privacy notice of the destination.
16. Force Majeure
Neither party is liable for a failure or delay in performance caused by an event beyond its reasonable control. Such events include natural disaster, severe weather, fire, flood, epidemic, war, civil disturbance, industrial action, failure of a utility or telecommunications service, a government order and a shortage of a critical component that could not reasonably have been foreseen or mitigated.
The affected party will notify the other promptly and will use reasonable efforts to reduce the impact and resume performance. If the event continues for a period that makes the affected obligation impossible to perform, either party may terminate the affected part of the arrangement by written notice, and the parties will settle the account for work properly performed up to that point.
17. Governing Law and Disputes
These terms and any dispute arising out of or relating to them are governed by the laws of the State of Utah, United States, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Utah for the resolution of any dispute that cannot be settled by discussion.
Before commencing formal proceedings, the parties will attempt in good faith to resolve a dispute through senior representatives who have authority to settle. Either party may send a written notice describing the dispute and requesting a meeting. If the dispute is not resolved within thirty days of that notice, either party may proceed with the remedies available under the applicable agreement and law.
18. Changes to These Terms
We may revise these terms from time to time. The version published on this page is the version in force. When we make a material change we will update the effective date and, where appropriate, provide a clearer notice. Changes apply to use of the website after publication, and they do not alter the terms of a signed agreement unless that agreement is amended in writing by both parties.
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision is replaced by a valid provision that comes closest to the original intention. A failure to enforce a provision on one occasion is not a waiver of the right to enforce it later.
19. Contact Information
Questions about these terms should be sent to BioZent LLC using the details below. We aim to reply within two business days.
BioZent LLC
350 E 400 S Ste 500
Salt Lake City - 84111-2993
United States (US)
Email: hello@biozent.buzz
Telephone: +18147192478
These terms should be read together with the Privacy Policy published on this website, which explains how personal information is handled. The Privacy Policy is incorporated into these terms by reference for the purpose of describing our data practices, and it does not change the commercial terms set out above.