Terms of Service

1. The agreement

These Terms of Service form a binding agreement between you and THCBD, LLC, a limited liability company with its principal place of business at 475 W 3RD Ave, Roselle - 07203-1836, United States (US). The terms apply to your use of the website at www.thcbd.eu and to the professional services that we provide.

Where we provide services under a separate written engagement letter, statement of work or master services agreement, that document will govern the commercial details of the engagement and these terms will apply in addition, to the extent that they do not conflict. If a conflict exists, the separate written document prevails for the engagement it covers.

By using the site or by commissioning work, you confirm that you have read and understood these terms. If you do not agree with them, please do not use the site and do not engage our services.

2. Our services

THCBD, LLC is a computer systems design and related technical services practice. We plan greenhouse bench rooms, design shelf layouts and still bay positions, create batch registers and schedule systems, and run structured advisory rounds for plant rooms and small laboratories. The six services described on our services page are Bench Planning Desk, Still Room Rounds, Calyx Care Weeks, Batch Log Days, Greenhouse Walk Sessions and Drip Line Evenings.

The services are advisory and design services. We do not sell plants, seeds, pots, nutrients, equipment or any growing supply, and we do not operate as a dispensary or a retail store. Nothing on this site should be read as an offer to sell goods of any kind.

We may add, change or retire a service from time to time. Where a change affects an active engagement, we will give reasonable notice and, where necessary, agree a revised scope with you in writing.

3. Eligibility and authority

Our services are offered to businesses and professionals. By engaging us, you confirm that you are at least eighteen years of age and that you have the authority to bind the organization on whose behalf you are acting.

If you are acting for an organization, you confirm that the organization agrees to these terms and that you are authorized to accept them on its behalf. If your authority ends, you must tell us promptly so that we can deal with the correct contact person.

We may decline an engagement where we reasonably believe that the work would breach a law, create a safety risk or fall outside the professional services that we are able to deliver competently.

4. Enquiries and quotations

An enquiry sent through our contact form, by email or by telephone is an invitation to discuss a project. It is not a contract, and it does not oblige either party to proceed.

A quotation sets out the scope, the fee, the expected duration and the assumptions that we have made. Quotations are valid for thirty days unless the quotation states otherwise. A quotation becomes a binding engagement only when you accept it in writing and, where the quotation requires a deposit, when the deposit is received.

If the information you provide at the enquiry stage turns out to be inaccurate or incomplete, we may revise the quotation to reflect the actual scope. We will explain any revision before work continues, and you may cancel without further charge if the revised scope does not suit you.

5. Client responsibilities

To deliver good work we need accurate information and reasonable cooperation. You agree to provide the measurements, room details, access arrangements and project information that we ask for within a reasonable time. You also agree to nominate a contact person who can approve plans and answer questions on behalf of your organization.

You are responsible for the legal status of the activities conducted in your room and for any permit, registration or licence that applies to those activities in your jurisdiction. We do not assess or guarantee legal compliance for a crop, a product or an activity, and our services should not be treated as a substitute for advice from a qualified professional in your region.

You are also responsible for the condition of the premises, the safety of the people on site and the accuracy of any record that your own staff create. Our systems are designed to support your records, not to replace your duty to keep them.

6. Site access and safety

Where a service requires a visit, you agree to provide safe and lawful access to the room, including any gate, door, lift or platform that we reasonably need to use. You agree to warn us in advance of any hazard that a visitor should know about, including electrical, chemical, structural or biological hazards.

Our team will follow your site safety rules while on site. If a rule prevents us from completing a visit safely, we will stop and discuss an alternative with you rather than proceed at risk. A visit that is stopped for safety reasons may be rescheduled and, where the stop was caused by a hazard that was not disclosed, a reasonable charge may apply for the wasted journey.

Photographs taken during a visit are used for planning and record purposes only, and they are handled in line with our Privacy Policy.

7. Fees, invoicing and payment

Fees are set out in the accepted quotation or engagement letter. Planning work is quoted per room after the first visit. Recurring services are quoted per season, and the quotation states the number of rounds, care weeks and log days that the fee covers. Walk sessions are quoted per session.

Unless the quotation states otherwise, invoices are payable within thirty days of the invoice date. We may ask for a deposit before work begins on a new engagement. Where a payment is overdue, we may pause work and charge interest at a reasonable rate permitted by law, and we will give written notice before doing so.

Fees do not include travel outside the local area, third party licences or any building work that a bench plan may require. Those costs are itemized separately and agreed before they are incurred. Where a client cancels a scheduled visit with less than two business days of notice, we may charge for the time reserved.

8. Scheduling and rescheduling

Services that run on a repeating calendar, including Still Room Rounds and Calyx Care Weeks, are scheduled at the start of a season. A schedule is a shared commitment, and we ask that both parties give as much notice as possible when a change is needed.

We may reschedule a visit for reasons within our reasonable control, such as staff illness or a weather event that makes travel unsafe. If we reschedule, we will offer the next available slot at no additional cost. If you reschedule with adequate notice, we will move the visit at no additional cost. If you reschedule at short notice, the cancellation charge described above may apply.

Reduced versions of an evening check are included in the engagement so that a busy day does not leave the register empty. The choice to run a reduced check is recorded so that the record stays accurate.

9. Deliverables and ownership

On full payment of the applicable fees, you receive ownership of the bench plans, shelf maps, capacity notes, log pages and training materials that we prepare specifically for your room. You may use, copy and adapt those materials within your organization for the purpose they were created to serve.

Some materials remain ours. Our underlying methods, templates, software tools, scheduling logic and general design system stay with THCBD, LLC, and we may reuse them in other engagements. Where a deliverable contains one of our underlying tools, we grant you the licence described in the next section.

Batch registers that we design for you belong to you. Where we keep an archival copy for reference, we do so only with your agreement and only for the period stated in the engagement letter.

10. Licence to use our materials

We grant you a non exclusive, non transferable, royalty free licence to use our templates, log pages and scheduling logic inside your own organization for the purpose of running the bench that we planned with you. The licence lasts for as long as you continue to operate that bench.

The licence does not permit you to resell our materials, publish them as your own product, include them in a competing service or distribute them to organizations outside your own. If you would like to share a plan with a contractor or a supplier, please ask us first and we will usually agree in writing.

If the licence ends, you must stop using the licensed materials and, where we ask, delete copies that you no longer need for legal or accounting reasons.

11. Confidentiality

Each party agrees to keep the other party confidential information private and to use it only for the purpose of the engagement. Confidential information includes room layouts, batch records, commercial terms, technical notes and any information that is marked as confidential or that a reasonable person would understand to be confidential.

The duty of confidence does not apply to information that is already public, that was lawfully known before the engagement began, that is independently developed without using confidential information, or that must be disclosed by law or by a court order. Where disclosure is required, the party under the duty will give reasonable notice so that the other party can seek protection.

The duty of confidence continues for three years after an engagement ends, or for as long as the information remains commercially sensitive, whichever is longer.

12. Third party content

Our site may include links to third party websites or refer to third party tools. Those links are provided for convenience and do not imply that we endorse the content, the products or the privacy practices of the destination.

We are not responsible for the availability, accuracy or security of a third party website, and any interaction you have with a third party is between you and that third party. If a third party tool is used as part of a project, the terms of that tool apply in addition to these terms.

Where a client supplies material that includes third party content, the client confirms that it has the right to use that material and that our use of it for the project will not infringe the rights of anyone else.

13. Acceptable use of the site

You agree to use the site lawfully and in a way that does not interfere with its operation or with the use of the site by anyone else. You must not attempt to gain unauthorized access to the site, its server or any connected system, and you must not use automated tools to overload the site or to harvest its content.

You must not upload malicious code, attempt to probe for vulnerabilities, or use the site to send unlawful, threatening or misleading messages. You must not impersonate another person or organization when contacting us, and you must not misrepresent your authority to act for a client.

We may investigate any suspected breach and may suspend access to the site or refuse further correspondence where a breach is found. Serious matters may be reported to the relevant authority.

14. Intellectual property of the site

The text, layout, drawings, stylesheets, scripts and visual design of this website belong to THCBD, LLC and are protected by copyright and other intellectual property laws. You may view and print a page for your own reference, but you may not copy the site as a whole, republish substantial parts of it or use it to build a competing site.

The THCBD name, the THCBD, LLC name and the visual identity of our bench room are our property. You may refer to our name factually, for example in a list of suppliers, but you may not use it in a way that suggests a partnership or endorsement that does not exist.

If you believe that content on our site infringes your rights, please write to contact@thcbd.eu with the details and we will review the matter promptly.

15. No regulated or legal advice

Our services are design and systems services. They are not legal, medical, financial or regulatory advice, and they do not create a professional relationship of that kind. We do not advise on the legal status of a crop, a product or an activity in any jurisdiction.

You are responsible for obtaining advice from a qualified professional in your own region before you act on any question that concerns the law, health, safety or regulatory compliance of your room. We may point you toward useful records and sources, but the decision to rely on them remains yours.

Nothing in our plans or logs guarantees a particular yield, quality or outcome. A bench that is planned well and logged honestly is easier to run and easier to audit, and that is the promise we make.

16. Disclaimers and warranties

We perform our services with reasonable skill and care and in line with accepted professional practice for a practice of our size and specialism. That is the standard we commit to, and we do not make any promise beyond it unless a separate written document says so.

The site is provided on an as available basis. We do not promise that the site will be uninterrupted, error free or free of harmful components, although we take reasonable steps to keep it secure and available. Links to third party sites are provided without any warranty.

Except where the law does not permit a limitation, we exclude implied warranties to the fullest extent allowed, including implied warranties of fitness for a particular purpose and non infringement. Some jurisdictions do not allow the exclusion of certain warranties, so part of this section may not apply to you.

17. Limitation of liability

To the fullest extent permitted by law, THCBD, LLC will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost records or loss of business opportunity, arising from the use of the site or from an engagement.

Where liability cannot be excluded, our total liability for an engagement is limited to the total fees paid by you for the service that gave rise to the claim during the twelve months before the claim arose. This limit does not apply to liability that the law does not allow us to limit, such as liability for fraud or for death or personal injury caused by our negligence.

Each provision of this section operates separately. If one provision is found to be unenforceable, the remaining provisions continue in full force and effect.

18. Indemnity

You agree to indemnify and hold harmless THCBD, LLC, its members, employees and contractors from any claim, loss, cost or expense that arises from your breach of these terms, your misuse of the site, your failure to comply with an applicable law, or the way your organization uses a deliverable after we hand it over.

This indemnity does not apply to the extent that a claim is caused by our own negligence or by our breach of these terms. Where a claim is shared, each party is responsible for its own share in proportion to its contribution.

We will tell you promptly if a claim to which this section may apply is made, and we will cooperate reasonably in the defense. You may not settle a claim in a way that admits fault on our part without our written agreement.

19. Suspension and termination

Either party may terminate an engagement by giving written notice where the other party commits a material breach and does not fix it within fourteen days of a written request to do so. We may suspend services immediately where a site is unsafe, where a payment is seriously overdue or where continuing would require us to act unlawfully.

Where a client terminates an engagement for convenience, the client pays for work performed up to the date of termination and for any non cancellable costs already committed. Where we terminate for convenience, we refund any fee paid for work that we have not performed.

On termination, we return or destroy confidential information in line with the engagement letter, and the sections on confidentiality, ownership, liability, indemnity and governing law continue to apply.

20. Force majeure

Neither party is liable for a delay or failure to perform caused by an event outside reasonable control, including severe weather, a natural disaster, a widespread power failure, an interruption of public transport, a public health emergency or a government restriction.

The affected party will tell the other party promptly and will take reasonable steps to reduce the effect of the event. If the event continues for more than sixty days, either party may terminate the affected engagement in writing and the fees will be adjusted to reflect the work actually performed.

This section does not excuse a failure to pay a fee that was already due before the event began.

21. Governing law and disputes

These terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict of law rules. The courts located in Union County, New Jersey, have exclusive jurisdiction over any dispute, unless a mandatory law in your place of residence gives you the right to bring a claim in another forum.

Before starting formal proceedings, both parties agree to attempt to resolve a dispute in good faith through direct discussion. If a discussion does not resolve the matter within thirty days, either party may propose mediation with a neutral mediator before taking the dispute to court.

Nothing in this section prevents either party from seeking urgent relief from a court to protect confidential information or intellectual property.

22. General provisions

These terms, together with the Privacy Policy and any accepted engagement letter, form the entire agreement between the parties on the subject matter and replace any earlier discussion or representation.

If a provision is found to be invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid, or removed if modification is not possible, and the remaining provisions continue in effect. A failure to enforce a provision on one occasion is not a waiver of the right to enforce it later.

You may not assign an engagement without our written agreement. We may assign an engagement as part of a transfer of the business, provided that the receiving organization agrees to be bound by these terms. Notices must be sent in writing to the contact details below, and a notice sent by email is deemed received on the next business day.

23. Contact information

Questions about these terms, a request to vary an engagement or a notice under this agreement should be sent to our bench room. We aim to reply within a few business days.

We may update these terms from time to time. When we do, we will change the effective date at the top of this page, and the updated terms will apply to any engagement accepted after the date of the change.