FEDCON SERVICES AGREEMENT
THIS SERVICES AGREEMENT (this “Agreement”) sets forth the terms and conditions upon which you, whether an individual or business entity (“You” or the “Customer”), engage Federal Endowment Directing Consultants, LLC, a Florida limited liability company (“FEDCON”), to provide certain services, as defined below.
THIS AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN YOU AND FEDCON. BY CHECKING “I AGREE,” SIGNING AN ORDER FORM, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY.
1. Services
1.1 Scope of Services.
Subject to the terms and conditions of this Agreement, FEDCON will, upon Customer’s request and FEDCON’s acceptance of a corresponding Order Form, provide registration, certification, marketing, consulting, and related services to Customer (collectively, the “Services”). Services may include, without limitation, any of the following (collectively, the “Government Registration Services”):
a. Assistance with the federal procurement system known as the System for Award Management (“SAM”), including initial registration and periodic renewal of SAM-related registrations;
b. Assistance and consulting related to federal, state, or other government incentive or certification programs, including, but not limited to, Woman Owned Small Business (WOSB), Economically Disadvantaged Woman Owned Small Business (EDWOSB), Veteran Owned Small Business (VOSB), Service Disabled Veteran Owned Small Business (SDVOSB), Historically Underutilized Business Zones (HUBZone), Small Disadvantaged Business (8(a)), and GSA Schedule preparation and related consulting;
c. Assistance with migration or registration associated with legacy or related systems, including CCR, FedReg, ORCA, SAM, FEMA, Grants.gov, and related profiles (including Dynamic Small Business Search (DSBS) creation and updates);
d. Assistance in pursuing government contract opportunities, which may include creation or refinement of marketing materials (e.g., capability statements), preparation of contact lists for relevant procurement officers, sending capability statements on Customer’s behalf, establishing email accounts or domains to receive bid opportunities, consultations regarding how to respond to Requests for Proposals (RFPs) and other solicitations, and other government contracting consulting services; and
e. Other related consulting, registration, or marketing services described in a mutually agreed Order Form.
1.2 Order Forms.
Customer shall request that FEDCON provide specific Services by submitting a completed FEDCON order form or registration form (each, an “Order Form”). An Order Form is not effective unless and until accepted by FEDCON in writing (including via email, e-signature, or electronic acceptance).
1.3 Ongoing Registrations and Renewals.
Customer acknowledges that most government registrations and certifications require periodic renewal or re-registration. Unless expressly stated in an Order Form or separate written agreement, FEDCON’s Services do not include ongoing renewals on a recurring basis. Customer remains solely responsible for ensuring its registrations, certifications, and profiles remain current, including any government or third-party renewal requirements.
1.4 Marketing Package Deliverables.
Customer acknowledges that marketing package deliverables (including but not limited to capability statements, marketing copy, templates, or lists) will typically be delivered electronically (e.g., via email or secure online file transfer). Unless expressly stated otherwise, FEDCON is not obligated to provide physical copies.
1.5 Bid Writing (Premium Plus Program Only).
Where Customer subscribes to FEDCON’s Premium Plus Program, FEDCON may provide limited bid writing support as described below:
Maximum of two (2) written bids on Customer’s behalf;
Each bid limited to a maximum of fifteen (15) written pages;
Estimated turnaround time of seven (7) business days from FEDCON’s receipt of the complete solicitation and all Customer-supplied information required;
Pricing and key commercial terms for each bid must be reviewed and approved by Customer prior to submission; and
FEDCON reserves the right, in its sole discretion, to decline any bid or opportunity that (i) falls outside the agreed parameters, (ii) is impractical or unreasonable given timeline or scope, or (iii) presents a conflict, legal risk, or other concern.
Customer understands that FEDCON is not responsible for any denial, rejection, non-award, or scoring of any bid or proposal, and FEDCON does not guarantee any award, contract, or government approval.
2. Customer Obligations
2.1 Customer Data.
Customer is responsible for providing FEDCON with all data, documents, and information required for FEDCON to provide the Services (“Customer Data”). Customer Data remains the exclusive property of Customer. FEDCON will access, process, and use Customer Data solely as reasonably necessary to perform the Services and as otherwise permitted by this Agreement.
Customer shall be solely responsible for:
The accuracy, completeness, and timeliness of all Customer Data;
Responding promptly to FEDCON requests for information or documentation; and
Reviewing all completed forms, applications, registrations, and submissions before final submission to any third party or government agency.
2.2 Data Security.
FEDCON will implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, or loss while such data is in FEDCON’s possession. However, Customer acknowledges that no method of transmission or storage is completely secure.
2.3 Accuracy and Review.
FEDCON does not verify the accuracy or completeness of Customer Data and has no obligation to independently confirm any information provided by Customer. Customer acknowledges and agrees:
FEDCON has not made and will not make any inquiry into the accuracy or truthfulness of Customer Data;
It is Customer’s sole responsibility to review, verify, and approve all forms, applications, registrations, certifications, profiles, and submissions prepared by FEDCON before they are submitted to any government agency or third party; and
FEDCON will not be liable for any errors, omissions, delays, penalties, rejections, or other consequences arising from inaccurate, incomplete, untimely, or misleading Customer Data.
Customer is solely responsible for the ultimate content of any submission and any consequences arising therefrom.
3. Third-Party Registration Service; Relationship of the Parties
3.1 Not a Government Agency.
Customer understands and acknowledges that FEDCON is a privately owned third-party registration and consulting service and is not a local, state, or federal government agency, nor is it endorsed by or affiliated with any such government entity. Government forms and registrations may be available at no charge directly from government websites. FEDCON’s fees are charged for its value-added services, consulting, and support, not for the government forms themselves.
3.2 No Legal, Tax, or Accounting Advice.
Customer acknowledges that FEDCON does not provide legal, tax, or accounting advice. Customer is solely responsible for obtaining independent legal, tax, or accounting advice regarding its registrations, certifications, contracts, and business decisions.
3.3 Independent Contractor.
FEDCON’s relationship with Customer is that of an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship beyond the limited agency necessary to perform the Services as described herein.
4. Fees; Payment; Term
4.1 Fees.
Customer shall pay FEDCON the fees specified in each applicable Order Form (collectively, the “Fees”). Fees may include, without limitation:
a. Government & Certification Registration Fees.
Fees for Government Registration Services (“Government Registration Fees”) vary by project and will be set forth in the applicable Order Form. Customer agrees:
All Government Registration Fees are due upon FEDCON’s acceptance of the related Order Form;
Any government-imposed fees or charges (such as filing fees, application fees, or regulatory costs) must be paid prior to submission to the applicable agency and may be paid either directly by Customer to the agency or to FEDCON for remittance on Customer’s behalf, as specified in the Order Form.
b. Consulting Fees.
Fees for consulting, marketing, and other non-registration services (“Consulting Fees”) will be specified in the applicable Order Form. Unless otherwise stated in the Order Form, Consulting Fees are due upon acceptance of the Order Form.
4.2 Refund and Cancellation Policy.
Unless otherwise stated in an applicable Order Form or required by law:
Customer is not entitled to any refund for Services already provided or for expenses incurred on Customer’s behalf;
Once FEDCON has submitted entity validation or comparable initial work for a project, the related Fees are non-refundable;
Consulting Fees are non-refundable once paid; and
Any other refund, partial refund, or credit is at FEDCON’s sole discretion.
4.3 Outstanding Fees; Suspension.
Any Fees not paid when due will accrue interest at the rate of twelve percent (12%) per annum, or the maximum rate allowed by applicable law, whichever is lower. Customer shall be responsible for all reasonable costs of collection, including attorneys’ fees and court or arbitration costs.
FEDCON may, at its option and without liability:
Suspend performance of any or all Services; and/or
Terminate this Agreement or any Order Form
if any Fees remain overdue or Customer otherwise breaches this Agreement.
4.4 Payment Method.
Customer shall provide a valid payment method at the time it submits an Order Form. By providing payment information, Customer represents and warrants that:
All payment information provided is accurate and complete;
Customer is authorized to use the payment method provided;
FEDCON is authorized to charge the payment method for all applicable Fees; and
Customer will promptly pay all Fees, including charges for dishonored payments or chargebacks.
4.5 Term and Renewal.
The term of this Agreement commences on the date Customer first accepts this Agreement (by signature, electronic acceptance, or use of the Services) and will continue for one (1) year, unless terminated earlier in accordance with this Agreement. Thereafter, this Agreement will automatically renew for successive one-year periods unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Termination or non-renewal of this Agreement does not relieve Customer of its obligation to pay any outstanding Fees or amounts due.
4.6 No Guarantee of Outcome.
Customer acknowledges that government agencies and third parties have sole authority over approvals, certifications, awards, and contract selections. FEDCON does not and cannot guarantee:
Any particular outcome or result,
That any registration, certification, application, or bid will be approved, accepted, or awarded, or
That Customer will receive any minimum number or value of opportunities.
5. Authorization to Act on Customer’s Behalf
5.1 Limited Agency.
Customer authorizes FEDCON to submit Customer’s information and Customer Data to government agencies and third parties, and to interact with such agencies and third parties on Customer’s behalf, solely as reasonably necessary to perform the Services. Customer hereby appoints FEDCON as its limited agent for that purpose.
5.2 Accounts Created on Customer’s Behalf.
Customer acknowledges and agrees that FEDCON may, as necessary to perform the Services, create email or other service accounts on Customer’s behalf and may select usernames and passwords for such accounts. FEDCON will provide Customer with such credentials upon request, provided that Customer is not in breach of this Agreement and no amounts are overdue.
Requests for such credentials may be made via FEDCON’s contact web page at FederalGovernment.info/contact-us or by phone at 855.233.3266.
6. Customer Representations and Warranties
Customer represents, warrants, and covenants that:
a. It has full power and authority to enter into this Agreement and to engage FEDCON for the Services;
b. It is authorized to disclose all Customer Data and other information provided to FEDCON;
c. All information provided to FEDCON is true, accurate, and complete to the best of Customer’s knowledge and is not furnished for the purpose of deceiving any party or committing any unlawful act; and
d. Customer will comply with all applicable laws, rules, and regulations in connection with its use of the Services, including government contracting rules and any requirements of applicable certification programs.
7. Limitations of Liability; Disclaimer of Warranties
7.1 Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR CLAIMS RELATED TO CUSTOMER’S INDEMNIFICATION OBLIGATIONS OR CUSTOMER’S BREACH OF ITS REPRESENTATIONS AND WARRANTIES:
NEITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL EXCEED THE TOTAL FEES PAID BY CUSTOMER TO FEDCON UNDER THE ORDER FORM(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; AND
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 No Warranty; No Guarantee of Results.
ALL SERVICES ARE PROVIDED BY FEDCON “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FEDCON EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, FEDCON DOES NOT WARRANT OR GUARANTEE THAT:
ANY REGISTRATION, CERTIFICATION, APPLICATION, OR SUBMISSION WILL BE APPROVED, ACCEPTED, OR RENEWED;
CUSTOMER WILL WIN OR BE AWARDED ANY PARTICULAR CONTRACT OR BID; OR
THE SERVICES WILL MEET CUSTOMER’S EXPECTATIONS OF ANY PARTICULAR BUSINESS OR FINANCIAL RESULT.
8. Indemnification
Customer agrees to indemnify, defend, and hold harmless FEDCON and its officers, directors, employees, contractors, agents, and licensors from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
a. Customer’s use of the Services;
b. FEDCON’s use, processing, or transmission of Customer Data in accordance with this Agreement;
c. Customer’s breach of this Agreement, including any representations or warranties; or
d. Customer’s violation of any applicable law, rule, or regulation.
9. Miscellaneous
9.1 Compliance with Laws.
Customer agrees to comply with all applicable laws, statutes, ordinances, and regulations at all times in connection with its use of the Services.
9.2 Modification and Waiver.
This Agreement may be modified only by a written instrument signed by both parties (which may include electronic signatures). No waiver of any provision of this Agreement will be effective unless in writing and signed by the waiving party, and no waiver shall be deemed a waiver of any subsequent breach.
9.3 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
9.4 Arbitration.
Any controversy or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), except as they may be modified by this Agreement.
The arbitration shall take place in Florida;
The arbitrator shall be an attorney with at least fifteen (15) years of experience in a law firm, corporate law department, or as a judge of a court of general jurisdiction, unless the parties agree otherwise; and
The arbitrator shall apply the substantive law of Florida.
Judgment on the arbitration award may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm.
9.5 Electronic Signature.
By selecting the “I Accept” or “I Agree” button, or by otherwise providing an electronic signature, Customer agrees that such action constitutes Customer’s electronic signature, which has the same force and effect as a manual signature. Customer represents that it is authorized to enter into this Agreement on behalf of itself or its organization.
9.6 Severability.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
9.7 Entire Agreement.
This Agreement, together with any Order Forms and any documents expressly incorporated by reference (including, as applicable, FEDCON’s Privacy Policy and SMS Terms of Service), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, proposals, or understandings, whether written or oral.
In the event of any conflict between this Agreement and an Order Form, the Order Form will govern solely with respect to the Services described in that Order Form, unless the Order Form expressly states otherwise.
9.8 Assignment; Binding Effect.
Customer may not assign or transfer this Agreement, whether by operation of law or otherwise, without FEDCON’s prior written consent. FEDCON may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
9.9 Force Majeure.
Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil disturbances, strikes, labor disputes, government actions, interruptions in telecommunications or internet services, or other similar events (“Force Majeure Events”), provided that the affected party promptly notifies the other party and uses commercially reasonable efforts to resume performance. If a Force Majeure Event lasts more than thirty (30) days, either party may terminate this Agreement upon written notice.
9.10 Survival.
Any provisions that by their nature should survive termination or expiration of this Agreement (including payment obligations, limitation of liability, indemnification, and arbitration provisions) shall so survive.
SMS TERMS OF SERVICE
IMPORTANT! PLEASE READ THESE FEDCON SMS TERMS AND CONDITIONS (“SMS TERMS”) CAREFULLY BEFORE SIGNING UP FOR THE FEDCON TEXT MESSAGING PROGRAM. BY ENROLLING OR OTHERWISE OPTING IN TO RECEIVE SMS MESSAGES FROM FEDCON, YOU AGREE TO BE BOUND BY THESE SMS TERMS AND THE FEDCON SERVICES AGREEMENT.
Program Overview
By opting in, you agree to receive periodic SMS messages from FEDCON at the phone number you provide. These messages may include alerts, reminders, service updates, and other information related to FEDCON’s services. FEDCON may also send occasional promotional messages where permitted by law and by your consent.
Message Frequency
Message frequency may vary. You may receive up to ten (10) messages per week, unless you expressly request additional communications for a specific purpose.
Costs
Standard message and data rates may apply. Please contact your mobile carrier for details about any charges that may apply to your use of SMS services.
Customer Support
For assistance with the SMS program, you may contact FEDCON at:
Email: support@federalgovernment.info
Phone: 855.233.3266
Opt-Out Instructions
You may opt out of SMS messages at any time by replying “STOP” to any message you receive from FEDCON. After you send “STOP,” we may send a one-time confirmation message to confirm your opt-out, after which you will no longer receive SMS messages from FEDCON, except as required by law or necessary for confirming your opt-out.
HELP Information
For additional information or help regarding the SMS program, reply “HELP” to any message, or contact FEDCON at 855.233.3266 or support@federalgovernment.info
.
Changes to SMS Terms
FEDCON may update these SMS Terms from time to time. Any changes will be posted on FEDCON’s website. Your continued enrollment in, or use of, the SMS program after such changes become effective constitutes your acceptance of the revised SMS Terms.
Privacy
Your use of the SMS program is subject to FEDCON’s Privacy Policy, which describes how we collect, use, and protect personal information, including your phone number.
Privacy Policy
FEDCON does not share your SMS opt-in data, phone number, or consent with third parties for their own marketing purposes.
THIS SERVICES AGREEMENT (this “Agreement”) sets forth the terms and conditions upon which you, whether an individual or business entity (“You” or the “Customer”), engage Federal Endowment Directing Consultants, LLC, a Florida limited liability company (“FEDCON”), to provide certain services, as defined below.
THIS AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN YOU AND FEDCON. BY CHECKING “I AGREE,” SIGNING AN ORDER FORM, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY.
1. Services
1.1 Scope of Services.
Subject to the terms and conditions of this Agreement, FEDCON will, upon Customer’s request and FEDCON’s acceptance of a corresponding Order Form, provide registration, certification, marketing, consulting, and related services to Customer (collectively, the “Services”). Services may include, without limitation, any of the following (collectively, the “Government Registration Services”):
a. Assistance with the federal procurement system known as the System for Award Management (“SAM”), including initial registration and periodic renewal of SAM-related registrations;
b. Assistance and consulting related to federal, state, or other government incentive or certification programs, including, but not limited to, Woman Owned Small Business (WOSB), Economically Disadvantaged Woman Owned Small Business (EDWOSB), Veteran Owned Small Business (VOSB), Service Disabled Veteran Owned Small Business (SDVOSB), Historically Underutilized Business Zones (HUBZone), Small Disadvantaged Business (8(a)), and GSA Schedule preparation and related consulting;
c. Assistance with migration or registration associated with legacy or related systems, including CCR, FedReg, ORCA, SAM, FEMA, Grants.gov, and related profiles (including Dynamic Small Business Search (DSBS) creation and updates);
d. Assistance in pursuing government contract opportunities, which may include creation or refinement of marketing materials (e.g., capability statements), preparation of contact lists for relevant procurement officers, sending capability statements on Customer’s behalf, establishing email accounts or domains to receive bid opportunities, consultations regarding how to respond to Requests for Proposals (RFPs) and other solicitations, and other government contracting consulting services; and
e. Other related consulting, registration, or marketing services described in a mutually agreed Order Form.
1.2 Order Forms.
Customer shall request that FEDCON provide specific Services by submitting a completed FEDCON order form or registration form (each, an “Order Form”). An Order Form is not effective unless and until accepted by FEDCON in writing (including via email, e-signature, or electronic acceptance).
1.3 Ongoing Registrations and Renewals.
Customer acknowledges that most government registrations and certifications require periodic renewal or re-registration. Unless expressly stated in an Order Form or separate written agreement, FEDCON’s Services do not include ongoing renewals on a recurring basis. Customer remains solely responsible for ensuring its registrations, certifications, and profiles remain current, including any government or third-party renewal requirements.
1.4 Marketing Package Deliverables.
Customer acknowledges that marketing package deliverables (including but not limited to capability statements, marketing copy, templates, or lists) will typically be delivered electronically (e.g., via email or secure online file transfer). Unless expressly stated otherwise, FEDCON is not obligated to provide physical copies.
1.5 Bid Writing (Premium Plus Program Only).
Where Customer subscribes to FEDCON’s Premium Plus Program, FEDCON may provide limited bid writing support as described below:
Maximum of two (2) written bids on Customer’s behalf;
Each bid limited to a maximum of fifteen (15) written pages;
Estimated turnaround time of seven (7) business days from FEDCON’s receipt of the complete solicitation and all Customer-supplied information required;
Pricing and key commercial terms for each bid must be reviewed and approved by Customer prior to submission; and
FEDCON reserves the right, in its sole discretion, to decline any bid or opportunity that (i) falls outside the agreed parameters, (ii) is impractical or unreasonable given timeline or scope, or (iii) presents a conflict, legal risk, or other concern.
Customer understands that FEDCON is not responsible for any denial, rejection, non-award, or scoring of any bid or proposal, and FEDCON does not guarantee any award, contract, or government approval.
2. Customer Obligations
2.1 Customer Data.
Customer is responsible for providing FEDCON with all data, documents, and information required for FEDCON to provide the Services (“Customer Data”). Customer Data remains the exclusive property of Customer. FEDCON will access, process, and use Customer Data solely as reasonably necessary to perform the Services and as otherwise permitted by this Agreement.
Customer shall be solely responsible for:
The accuracy, completeness, and timeliness of all Customer Data;
Responding promptly to FEDCON requests for information or documentation; and
Reviewing all completed forms, applications, registrations, and submissions before final submission to any third party or government agency.
2.2 Data Security.
FEDCON will implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, or loss while such data is in FEDCON’s possession. However, Customer acknowledges that no method of transmission or storage is completely secure.
2.3 Accuracy and Review.
FEDCON does not verify the accuracy or completeness of Customer Data and has no obligation to independently confirm any information provided by Customer. Customer acknowledges and agrees:
FEDCON has not made and will not make any inquiry into the accuracy or truthfulness of Customer Data;
It is Customer’s sole responsibility to review, verify, and approve all forms, applications, registrations, certifications, profiles, and submissions prepared by FEDCON before they are submitted to any government agency or third party; and
FEDCON will not be liable for any errors, omissions, delays, penalties, rejections, or other consequences arising from inaccurate, incomplete, untimely, or misleading Customer Data.
Customer is solely responsible for the ultimate content of any submission and any consequences arising therefrom.
3. Third-Party Registration Service; Relationship of the Parties
3.1 Not a Government Agency.
Customer understands and acknowledges that FEDCON is a privately owned third-party registration and consulting service and is not a local, state, or federal government agency, nor is it endorsed by or affiliated with any such government entity. Government forms and registrations may be available at no charge directly from government websites. FEDCON’s fees are charged for its value-added services, consulting, and support, not for the government forms themselves.
3.2 No Legal, Tax, or Accounting Advice.
Customer acknowledges that FEDCON does not provide legal, tax, or accounting advice. Customer is solely responsible for obtaining independent legal, tax, or accounting advice regarding its registrations, certifications, contracts, and business decisions.
3.3 Independent Contractor.
FEDCON’s relationship with Customer is that of an independent contractor. Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship beyond the limited agency necessary to perform the Services as described herein.
4. Fees; Payment; Term
4.1 Fees.
Customer shall pay FEDCON the fees specified in each applicable Order Form (collectively, the “Fees”). Fees may include, without limitation:
a. Government & Certification Registration Fees.
Fees for Government Registration Services (“Government Registration Fees”) vary by project and will be set forth in the applicable Order Form. Customer agrees:
All Government Registration Fees are due upon FEDCON’s acceptance of the related Order Form;
Any government-imposed fees or charges (such as filing fees, application fees, or regulatory costs) must be paid prior to submission to the applicable agency and may be paid either directly by Customer to the agency or to FEDCON for remittance on Customer’s behalf, as specified in the Order Form.
b. Consulting Fees.
Fees for consulting, marketing, and other non-registration services (“Consulting Fees”) will be specified in the applicable Order Form. Unless otherwise stated in the Order Form, Consulting Fees are due upon acceptance of the Order Form.
4.2 Refund and Cancellation Policy.
Unless otherwise stated in an applicable Order Form or required by law:
Customer is not entitled to any refund for Services already provided or for expenses incurred on Customer’s behalf;
Once FEDCON has submitted entity validation or comparable initial work for a project, the related Fees are non-refundable;
Consulting Fees are non-refundable once paid; and
Any other refund, partial refund, or credit is at FEDCON’s sole discretion.
4.3 Outstanding Fees; Suspension.
Any Fees not paid when due will accrue interest at the rate of twelve percent (12%) per annum, or the maximum rate allowed by applicable law, whichever is lower. Customer shall be responsible for all reasonable costs of collection, including attorneys’ fees and court or arbitration costs.
FEDCON may, at its option and without liability:
Suspend performance of any or all Services; and/or
Terminate this Agreement or any Order Form
if any Fees remain overdue or Customer otherwise breaches this Agreement.
4.4 Payment Method.
Customer shall provide a valid payment method at the time it submits an Order Form. By providing payment information, Customer represents and warrants that:
All payment information provided is accurate and complete;
Customer is authorized to use the payment method provided;
FEDCON is authorized to charge the payment method for all applicable Fees; and
Customer will promptly pay all Fees, including charges for dishonored payments or chargebacks.
4.5 Term and Renewal.
The term of this Agreement commences on the date Customer first accepts this Agreement (by signature, electronic acceptance, or use of the Services) and will continue for one (1) year, unless terminated earlier in accordance with this Agreement. Thereafter, this Agreement will automatically renew for successive one-year periods unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.
Termination or non-renewal of this Agreement does not relieve Customer of its obligation to pay any outstanding Fees or amounts due.
4.6 No Guarantee of Outcome.
Customer acknowledges that government agencies and third parties have sole authority over approvals, certifications, awards, and contract selections. FEDCON does not and cannot guarantee:
Any particular outcome or result,
That any registration, certification, application, or bid will be approved, accepted, or awarded, or
That Customer will receive any minimum number or value of opportunities.
5. Authorization to Act on Customer’s Behalf
5.1 Limited Agency.
Customer authorizes FEDCON to submit Customer’s information and Customer Data to government agencies and third parties, and to interact with such agencies and third parties on Customer’s behalf, solely as reasonably necessary to perform the Services. Customer hereby appoints FEDCON as its limited agent for that purpose.
5.2 Accounts Created on Customer’s Behalf.
Customer acknowledges and agrees that FEDCON may, as necessary to perform the Services, create email or other service accounts on Customer’s behalf and may select usernames and passwords for such accounts. FEDCON will provide Customer with such credentials upon request, provided that Customer is not in breach of this Agreement and no amounts are overdue.
Requests for such credentials may be made via FEDCON’s contact web page at FederalGovernment.info/contact-us or by phone at 855.233.3266.
6. Customer Representations and Warranties
Customer represents, warrants, and covenants that:
a. It has full power and authority to enter into this Agreement and to engage FEDCON for the Services;
b. It is authorized to disclose all Customer Data and other information provided to FEDCON;
c. All information provided to FEDCON is true, accurate, and complete to the best of Customer’s knowledge and is not furnished for the purpose of deceiving any party or committing any unlawful act; and
d. Customer will comply with all applicable laws, rules, and regulations in connection with its use of the Services, including government contracting rules and any requirements of applicable certification programs.
7. Limitations of Liability; Disclaimer of Warranties
7.1 Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR CLAIMS RELATED TO CUSTOMER’S INDEMNIFICATION OBLIGATIONS OR CUSTOMER’S BREACH OF ITS REPRESENTATIONS AND WARRANTIES:
NEITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL EXCEED THE TOTAL FEES PAID BY CUSTOMER TO FEDCON UNDER THE ORDER FORM(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; AND
NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.2 No Warranty; No Guarantee of Results.
ALL SERVICES ARE PROVIDED BY FEDCON “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. FEDCON EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, FEDCON DOES NOT WARRANT OR GUARANTEE THAT:
ANY REGISTRATION, CERTIFICATION, APPLICATION, OR SUBMISSION WILL BE APPROVED, ACCEPTED, OR RENEWED;
CUSTOMER WILL WIN OR BE AWARDED ANY PARTICULAR CONTRACT OR BID; OR
THE SERVICES WILL MEET CUSTOMER’S EXPECTATIONS OF ANY PARTICULAR BUSINESS OR FINANCIAL RESULT.
8. Indemnification
Customer agrees to indemnify, defend, and hold harmless FEDCON and its officers, directors, employees, contractors, agents, and licensors from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
a. Customer’s use of the Services;
b. FEDCON’s use, processing, or transmission of Customer Data in accordance with this Agreement;
c. Customer’s breach of this Agreement, including any representations or warranties; or
d. Customer’s violation of any applicable law, rule, or regulation.
9. Miscellaneous
9.1 Compliance with Laws.
Customer agrees to comply with all applicable laws, statutes, ordinances, and regulations at all times in connection with its use of the Services.
9.2 Modification and Waiver.
This Agreement may be modified only by a written instrument signed by both parties (which may include electronic signatures). No waiver of any provision of this Agreement will be effective unless in writing and signed by the waiving party, and no waiver shall be deemed a waiver of any subsequent breach.
9.3 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.
9.4 Arbitration.
Any controversy or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), except as they may be modified by this Agreement.
The arbitration shall take place in Florida;
The arbitrator shall be an attorney with at least fifteen (15) years of experience in a law firm, corporate law department, or as a judge of a court of general jurisdiction, unless the parties agree otherwise; and
The arbitrator shall apply the substantive law of Florida.
Judgment on the arbitration award may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek temporary or preliminary injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm.
9.5 Electronic Signature.
By selecting the “I Accept” or “I Agree” button, or by otherwise providing an electronic signature, Customer agrees that such action constitutes Customer’s electronic signature, which has the same force and effect as a manual signature. Customer represents that it is authorized to enter into this Agreement on behalf of itself or its organization.
9.6 Severability.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
9.7 Entire Agreement.
This Agreement, together with any Order Forms and any documents expressly incorporated by reference (including, as applicable, FEDCON’s Privacy Policy and SMS Terms of Service), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, proposals, or understandings, whether written or oral.
In the event of any conflict between this Agreement and an Order Form, the Order Form will govern solely with respect to the Services described in that Order Form, unless the Order Form expressly states otherwise.
9.8 Assignment; Binding Effect.
Customer may not assign or transfer this Agreement, whether by operation of law or otherwise, without FEDCON’s prior written consent. FEDCON may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of its assets. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
9.9 Force Majeure.
Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, civil disturbances, strikes, labor disputes, government actions, interruptions in telecommunications or internet services, or other similar events (“Force Majeure Events”), provided that the affected party promptly notifies the other party and uses commercially reasonable efforts to resume performance. If a Force Majeure Event lasts more than thirty (30) days, either party may terminate this Agreement upon written notice.
9.10 Survival.
Any provisions that by their nature should survive termination or expiration of this Agreement (including payment obligations, limitation of liability, indemnification, and arbitration provisions) shall so survive.
SMS TERMS OF SERVICE
IMPORTANT! PLEASE READ THESE FEDCON SMS TERMS AND CONDITIONS (“SMS TERMS”) CAREFULLY BEFORE SIGNING UP FOR THE FEDCON TEXT MESSAGING PROGRAM. BY ENROLLING OR OTHERWISE OPTING IN TO RECEIVE SMS MESSAGES FROM FEDCON, YOU AGREE TO BE BOUND BY THESE SMS TERMS AND THE FEDCON SERVICES AGREEMENT.
Program Overview
By opting in, you agree to receive periodic SMS messages from FEDCON at the phone number you provide. These messages may include alerts, reminders, service updates, and other information related to FEDCON’s services. FEDCON may also send occasional promotional messages where permitted by law and by your consent.
Message Frequency
Message frequency may vary. You may receive up to ten (10) messages per week, unless you expressly request additional communications for a specific purpose.
Costs
Standard message and data rates may apply. Please contact your mobile carrier for details about any charges that may apply to your use of SMS services.
Customer Support
For assistance with the SMS program, you may contact FEDCON at:
Email: support@federalgovernment.info
Phone: 855.233.3266
Opt-Out Instructions
You may opt out of SMS messages at any time by replying “STOP” to any message you receive from FEDCON. After you send “STOP,” we may send a one-time confirmation message to confirm your opt-out, after which you will no longer receive SMS messages from FEDCON, except as required by law or necessary for confirming your opt-out.
HELP Information
For additional information or help regarding the SMS program, reply “HELP” to any message, or contact FEDCON at 855.233.3266 or support@federalgovernment.info
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Changes to SMS Terms
FEDCON may update these SMS Terms from time to time. Any changes will be posted on FEDCON’s website. Your continued enrollment in, or use of, the SMS program after such changes become effective constitutes your acceptance of the revised SMS Terms.
Privacy
Your use of the SMS program is subject to FEDCON’s Privacy Policy, which describes how we collect, use, and protect personal information, including your phone number.
Privacy Policy
FEDCON does not share your SMS opt-in data, phone number, or consent with third parties for their own marketing purposes.