Welcome to the Red Obsidian Security website. These Terms of Service ("Terms") govern your use of our website at www.redobsidiansecurity.com and the services provided by Red Obsidian Security ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms.
1. Services Overview
Red Obsidian Security provides the following services in the Sioux Falls, South Dakota area and surrounding region:
- Physical Security — Mobile patrol, stationary guard, and temporary security assignments
- Emergency Unlock Services — 24/7 lockout assistance for homes, businesses, vehicles, and storage units
- Physical Security Penetration Testing — Simulated intrusion testing to identify physical vulnerabilities
- Emergency Plans — Creation, review, and rewriting of emergency action plans
All services are subject to availability, scheduling, and the specific terms agreed upon between Red Obsidian Security and the client at the time of engagement.
2. Service Agreements
Specific services may require a separate written agreement, contract, or work order outlining the scope of work, pricing, duration, and other terms. In the event of a conflict between these Terms and a signed service agreement, the signed service agreement shall govern.
Quotes and estimates provided by Red Obsidian Security are valid for 30 days from the date issued unless otherwise stated. Final pricing may vary based on the actual scope of work, time of service, emergency circumstances, and other factors communicated at the time of service.
3. Emergency Services
Our emergency lockout services are available 24 hours a day, 7 days a week. Response times may vary based on location, weather conditions, current demand, and other factors beyond our control. While we strive to respond as quickly as possible, we do not guarantee specific response times unless explicitly agreed upon in writing.
By requesting emergency lockout services, you represent and warrant that you are the lawful owner, tenant, authorized user, or authorized agent of the property or vehicle for which you are requesting access. Red Obsidian Security reserves the right to request identification or proof of authorization before providing lockout services.
4. Penetration Testing Authorization
Physical security penetration testing services are performed only with the explicit written authorization of the property owner, facility manager, or authorized representative. Before any testing begins, the client must sign a written authorization and scope agreement that defines the boundaries, methods, and duration of testing.
Red Obsidian Security will not perform penetration testing without proper authorization. The client assumes responsibility for ensuring that all necessary parties (property owners, management companies, tenants, law enforcement if applicable) are informed of and consent to the testing activities.
5. Payment Terms
Payment terms are established at the time of service engagement. Unless otherwise agreed in writing:
- Emergency lockout services require payment upon completion of service.
- Security guard and patrol services are billed according to the terms of the service agreement, typically on a weekly or monthly basis.
- Penetration testing and emergency plan services are billed as outlined in the project proposal or contract.
We accept payment by cash, check, and major credit/debit cards. Invoices not paid within 30 days of the due date may be subject to a late fee of 1.5% per month or the maximum permitted by South Dakota law, whichever is less.
6. Cancellation Policy
Cancellation terms vary by service type:
- Security guard/patrol contracts — Cancellation requires written notice as specified in the service agreement. Absent a specific provision, 30 days' written notice is required.
- Scheduled services — Cancellations made less than 24 hours before a scheduled appointment may be subject to a cancellation fee.
- Emergency services — No cancellation fee applies if cancelled before a technician is dispatched. Once a technician is en route, a trip charge may apply.
7. Limitation of Liability
Red Obsidian Security will perform all services with reasonable care, skill, and professionalism. However, to the fullest extent permitted by South Dakota law:
- Our total liability for any claim arising from our services shall not exceed the amount paid by the client for the specific service giving rise to the claim.
- We are not liable for indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, business interruption, or loss of data.
- We are not liable for damages, losses, or security breaches that occur outside of our contracted service scope, hours, or coverage area.
- Security services reduce risk but do not eliminate it. We do not guarantee that criminal activity, unauthorized access, or security incidents will not occur.
Nothing in these Terms limits liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.
8. Client Responsibilities
When engaging our services, you agree to:
- Provide accurate and truthful information regarding your identity, authorization, and service needs.
- Ensure that our personnel have safe access to the premises where services are to be performed.
- Disclose any known hazards, security threats, or dangerous conditions at the service location.
- Obtain and maintain any permits, licenses, or authorizations required for the services requested.
- Pay all fees and charges in accordance with the agreed-upon terms.
- Not use our services for any unlawful purpose.
9. Confidentiality
Red Obsidian Security treats all client information as confidential. This includes, but is not limited to, security assessments, penetration testing results, emergency plans, facility layouts, access control details, and vulnerability reports.
We will not disclose client information to third parties without written consent, except as required by law, court order, or to protect the safety of persons or property. Our employees and contractors are bound by confidentiality obligations.
10. Intellectual Property
All content on this website, including text, graphics, logos, images, and design elements, is the property of Red Obsidian Security and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, modify, or create derivative works from our website content without our prior written consent.
Reports, emergency plans, and other deliverables created by Red Obsidian Security for a client become the property of the client upon full payment. We retain the right to use general methodologies, techniques, and non-client-specific knowledge gained during engagements.
11. Website Use
You agree to use our website only for lawful purposes and in a manner consistent with these Terms. You may not:
- Attempt to gain unauthorized access to any part of the website, server, or connected systems.
- Use the website to transmit malware, spam, or other harmful content.
- Scrape, crawl, or use automated tools to extract data from the website without permission.
- Interfere with the proper functioning of the website.
12. Third-Party Links
Our website may contain links to third-party websites or services, such as Google Maps and Facebook. These links are provided for convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of third-party websites. Your use of third-party sites is at your own risk.
13. Indemnification
You agree to indemnify, defend, and hold harmless Red Obsidian Security, its owners, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney fees) arising from your use of our website or services, your violation of these Terms, or your violation of any rights of a third party.
14. Disclaimer of Warranties
Our website is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful components.
While we strive to keep website information accurate and current, we make no guarantees regarding the completeness, accuracy, or reliability of any content on the site.
15. Force Majeure
Red Obsidian Security shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, severe weather, pandemics, acts of war or terrorism, government actions, power outages, telecommunications failures, or civil disturbances.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Minnehaha County, South Dakota, and you consent to the personal jurisdiction of such courts.
17. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
18. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of our website or services after changes are posted constitutes acceptance of the revised Terms. We encourage you to review these Terms periodically.
19. Entire Agreement
These Terms, together with our Privacy Policy and any signed service agreements, constitute the entire agreement between you and Red Obsidian Security regarding your use of our website and services. These Terms supersede any prior agreements or understandings, whether written or oral, relating to the subject matter herein.
20. Contact Us
If you have any questions about these Terms of Service, please contact us:
- Red Obsidian Security
- 401 E 8th St, Suite 209, Sioux Falls, SD 57103
- Phone: (605) 223-8100
- Email: eric.d@redobsidiansecurity.com
- Website: www.redobsidiansecurity.com