These Terms and Conditions cover the following geographical areas: Dig Safe North Idaho 811
IN ORDER TO SUBSCRIBE TO AND USE THE SERVICES OF Dig Safe North Idaho 811, AND ITIC, YOU MUST READ THE FOLLOWING AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT.
The services provided by the Dig Safe North Idaho 811, are based upon information you provide. You should print, read and understand all of the instructions for entering in information at the site. By accepting the terms of this Agreement, you agree to (a) download and follow all of the instructions for entering information into ITIC, (b) provide accurate, complete and current information during the registration process, and (c) maintain and update your information to keep it accurate, complete and current.
I am an authorized representative of my company and on behalf of my company, agree to the following:
1. General ‐ Subject to the terms and conditions of this Agreement, Excavator may, during the Term (as defined below), submit Internet Notices to One Call Concepts, Inc. (OCC) in accordance with the Procedures for ITIC entry, following, as the same may be amended and supplemented from time to time by OCC. Excavator will ensure that each Internet Notice submitted to OCC is prepared, completed and transmitted in strict compliance with the ITIC Procedures and applicable law. Excavator hereby acknowledges that it is solely responsible for the completeness and accuracy of all information and data in each Internet Notice.
2. Release ‐ Excavator hereby irrevocably and unconditionally releases and forever discharges each Indemnitee from any and all claims, demands, suits and causes of action of whatever kind or nature (whether known or unknown, suspected or unsuspected, past or present) arising from or in any way connected with the preparation, completion, transmittal, submittal or use of, or any use or reliance upon any information or data contained in, each Internet Notice; provided, however, that the foregoing will not release or discharge OCC to the extent the claim, demand, suit or cause of action is based on any negligence or willful misconduct of OCC or any condition, circumstance, event or occurrence within OCC's reasonable control.
3. Indemnification ‐ Excavator will defend, indemnify, and hold harmless the Indemnitees from and against any and all claims, liens, demands, actions, costs, losses, liabilities, harms, damages and expenses (including, but not limited to, reasonable attorneys' fees) asserted or arising directly or indirectly from or in connection with the preparation, completion, transmittal, submittal or use of, or any use or reliance upon any information or data contained in, any Internet Notice. To the full extent permitted by applicable law, this paragraph will apply regardless of the act, omission, fault, negligence or strict liability of the Indemnitees (or any one of them); provided, however, that Excavator will not be required to so defend, indemnify and hold harmless OCC to the extent the claim, lien, demand, action, cost, loss, liability, harm, damage or expense is based on any negligence or willful misconduct of OCC or any condition, circumstance, event or occurrence within OCC's reasonable control. In connection with any action to enforce the provisions of this paragraph, Excavator hereby waives any immunity, defense or other protection that may be afforded by any workers' compensation, industrial insurance, or similar laws.
4. Term and Termination ‐ The term of this Agreement (the "Term") will begin on the date it is accepted by OCC and will end when either OCC or Excavator gives the other parties notice of termination. OCC expressly reserves the right to terminate its Internet notice program or change the ITIC Procedures at any time without liability to Excavator. Sections 2, 3, 4, 5 and 6 will survive any expiration or termination of the Term.
5. Disclaimers and Limitations of Liability ‐ OCC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INTERNET NOTICE PROGRAM, THE INTERNET NOTICES OR OTHER ACTIVITIES OF EITHER OF THEM UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OCC BE LIABLE (WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) FOR THE COST OF COVER OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS OR SAVINGS), ARISING OUT OF THE PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Miscellaneous ‐ This Agreement constitutes the entire agreement, and supersedes any and all prior agreements and understandings, of Excavator and OCC with respect to Excavator's submittal of Internet Notices to OCC; provided, however, that nothing herein will alter, amend or supersede in any way the Master Agreement or the Service Agreement; rather the same will continue in full force and effect in accordance with their respective terms. This Agreement will not be interpreted or construed as creating or evidencing any association, joint venture, partnership or franchise between the parties or as imposing any partnership or franchisor obligation or liability on any party. This Agreement shall be fully binding upon, inure to the benefit of and be enforceable by the parties and their respective successors, assigns and legal representatives. This Agreement will be interpreted, construed and enforced according to the laws of the State of Idaho for locates entered in Idaho.
OCC will transmit back a copy of each locate request submitted via email. Please review the accuracy of the ticket as soon as received and notify the call center of any discrepancies or inaccuracies immediately. It is the sender's responsibility to verify that they receive an accurate response to each locate request submitted to the center. When working in the state of Idaho, if there are any underground facility owners in the area of excavation other than those noted on the response, participant agrees to notify them of intent to excavate.
All information must be submitted in accordance with the following guidelines:
1. Provide your name, caller ID number, company name, phone number, company mailing address, and a receiving email address.
2. Enter the type of work in the space provided. This should be a description of the specific reason for the work, not the method utilized. For example, "boring the road" is unacceptable, while "installation of a sanitary sewer lateral" is accepted.
3. Identify whom the work is being done for. Generally, this will either be the customer's name, or your company name.
4. Identify the county and city (or nearest city within the county) where the excavation will occur.
5. Enter the street address of the excavation site. If a street address is not available, enter the name of the road the work will take place on. Then enter the nearest intersecting road name. Accurate spelling of all road names is essential.
6. Enter the distance and direction from the nearest intersecting road. As clearly, accurately, and orderly as possible, identify the extent of the work site in the space provided under "Location of Work". Refrain from specifying, "mark the entire lot". The marking instructions should describe the specific area of the excavation site where excavation is to occur. Do not use the terms "right" or "left", as these are relative points of view.
7. In addition to the above information, one of the following pieces of information is recommended:
‐‐ Township, range, section, and quarter‐section(s). If the excavation will take place in more than one township, range, section, or quarter‐section, it is necessary to indicate each township, range, section, and quarter‐section to cover the complete excavation site.
‐‐ Latitude⁄Longitude ‐ Global Positioning System (GPS) software can be used to obtain the location of work. If you have this equipment, record this information at the work site and enter the results in this field. This information must be entered in WHOLE DEGREES, MINUTES AND SECONDS. No decimal equivalents or partial minutes⁄seconds will be accepted. In the location of work field indicate the relation of the work to this point. All points the excavation site encompasses must be included. Example: Mark within a 100ft radius of the area marked in white at 47 40' 08" (latitude) ⁄ ‐116 46' 56" (longitude) which is located approx. 1,800ft. west of the intersection of the above intersection. *Note: There are many different GPS systems. If you intend on using this information, please contact the center to find out which systems are currently supported and obtain the coordinate type code to enter in this field.
If the above information is not on the request OCC reserves the right to return any locate request to the company or individual submitting the request due to insufficient, or vague information.
8. Any additional pertinent information can be identified in the remarks field. Lot, block numbers and sub‐division names are very helpful information.
If at any time it is necessary to establish voice contact to discuss an ITIC locate request, such phone calls can be placed to (877) 269‐6585.