FEDCON

Terms & Conditions

Last updated: December 1, 2025

FEDCON SERVICES AGREEMENT

Effective Date: December 1, 2025

THIS SERVICES AGREEMENT (this "Agreement") sets forth the terms and conditions on which you, whether an individual or business entity ("You" or "Customer"), engage Federal Endowment Directing Consultants, LLC, a Florida limited liability company ("FEDCON"), to provide consulting, registration, marketing, and related services.

THIS AGREEMENT IS A BINDING LEGAL CONTRACT BETWEEN YOU AND FEDCON. BY ACCEPTING A FEDCON QUOTE, EXECUTING A FEDCON PROGRAM AGREEMENT, OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY.

1. Definitions

1.1 Defined Terms.

  • a. "Quote" means a written FEDCON quote, statement of work, or program enrollment document issued to Customer that identifies the Services to be provided and the corresponding Fees. A Quote becomes binding when accepted by Customer (by signature, electronic acceptance, payment, or commencement of work) and accepted by FEDCON in writing or by commencing performance.

  • b. "Program Addendum" means a program-specific terms document published by FEDCON (such as the Flagship Program Addendum or any successor program terms) that supplements this Agreement with respect to a particular FEDCON program.

  • c. "Services" means the consulting, registration, marketing, contracting support, and related services provided by FEDCON under this Agreement, as identified in the applicable Quote and any applicable Program Addendum.

  • d. "Customer Data" means all data, documents, and information provided by Customer to FEDCON in connection with the Services.

  • e. "Deliverables" means the work product produced by FEDCON for Customer under this Agreement, including capabilities statements, marketing copy, contact lists, registrations, training materials, written analysis, and proposals.

2. Services

2.1 Scope of Services.

Subject to this Agreement, FEDCON will provide the Services identified in each Quote accepted by Customer and FEDCON. Services may include, without limitation:

  • a. Federal procurement system support, including initial registration and renewal of profiles in SAM.gov and related government systems;

  • b. Federal, state, and other government certification consulting, 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), and Small Disadvantaged Business (8(a)) certifications;

  • c. GSA Schedule preparation, submission, and post-award consulting;

  • d. Migration and registration in legacy or related systems, including CCR, FedReg, ORCA, FEMA, Grants.gov, and Dynamic Small Business Search (DSBS);

  • e. Federal and state/local market entry consulting, including capabilities statement development, marketing campaigns, agency targeting, pipeline development, teaming strategy, and contract vehicle analysis;

  • f. Bid and proposal consulting and writing, as scoped in the applicable Quote or Program Addendum;

  • g. Other consulting, registration, or marketing services described in a Quote or Program Addendum.

2.2 Quotes.

Customer engages FEDCON for specific Services by accepting a Quote. A Quote is not effective until accepted by both parties. Each Quote, together with any Program Addendum referenced in or applicable to that Quote, constitutes a separate engagement under this Agreement.

2.3 Program Addendums.

Where a Quote enrolls Customer in a FEDCON program for which a Program Addendum exists, that Program Addendum is incorporated into the engagement automatically and supplements this Agreement with respect to that program. The current Flagship Program Addendum is published at fedcon.com/flagship-terms.

2.4 Ongoing Renewals.

Government registrations and certifications typically require periodic renewal. Unless a Quote or Program Addendum expressly includes recurring renewals, FEDCON's Services do not include ongoing renewal of Customer's registrations. Customer is solely responsible for maintaining the currency of its registrations, certifications, and government profiles.

2.5 Delivery Format.

Unless a Quote or Program Addendum specifies otherwise, all Deliverables are provided electronically. FEDCON is not obligated to provide physical copies.

3. Customer Obligations

3.1 Customer Data.

Customer is responsible for providing FEDCON with all data, documents, and information required for FEDCON to perform the Services. Customer Data remains the exclusive property of Customer. FEDCON will use Customer Data solely as necessary to perform the Services and as otherwise permitted by this Agreement.

Customer is solely responsible for:

  • a. The accuracy, completeness, and timeliness of all Customer Data;

  • b. Responding promptly to FEDCON's requests for information or documentation; and

  • c. Reviewing and approving all forms, applications, registrations, and submissions before final submission to any third party or government agency.

3.2 Accuracy and Review.

FEDCON does not independently verify the accuracy or completeness of Customer Data. Customer acknowledges and agrees:

  • a. FEDCON has not made and will not make any independent inquiry into the truthfulness or accuracy of Customer Data;

  • b. Customer is solely responsible for reviewing, verifying, and approving all forms, applications, registrations, certifications, profiles, and submissions prepared by FEDCON before they are submitted to any government agency or third party; and

  • c. 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 from it.

4. Third-Party Service; Relationship of the Parties

4.1 Not a Government Agency.

FEDCON is a privately owned consulting firm specializing in federal and state/local government contracting. FEDCON is not a local, state, or federal government agency, nor is it endorsed by or affiliated with any such agency. Government forms and registrations are typically available at no charge directly from government websites; FEDCON's Fees are charged for its consulting, support, and value-added services, not for the government forms themselves.

4.2 No Legal, Tax, or Accounting Advice.

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, bids, and business decisions.

4.3 Independent Contractor.

FEDCON's relationship with Customer is that of an independent contractor. Nothing in this Agreement creates a partnership, joint venture, employment, or agency relationship beyond the limited agency necessary to perform the Services described in this Agreement.

5. Fees, Payment, and Term

5.1 Fees.

Customer shall pay FEDCON the fees set forth in each accepted Quote (collectively, the "Fees"). Fees may include, without limitation:

  • a. Government and Certification Registration Fees. Fees for registration and certification Services are due upon FEDCON's acceptance of the related Quote. Government-imposed fees (such as filing or application fees) must be paid before submission to the applicable agency, either directly by Customer to the agency or to FEDCON for remittance, as specified in the Quote.

  • b. Consulting and Program Fees. Fees for consulting, marketing, program enrollment, and other non-registration Services are due as specified in the Quote or applicable Program Addendum. Unless otherwise stated, Consulting Fees are due upon Customer's acceptance of the Quote.

5.2 Refund and Cancellation Policy.

Unless otherwise stated in a Quote or Program Addendum, or required by law, all Fees are non-refundable. Without limiting the foregoing:

  • a. Three-Day Cancellation Window for Certifications. For each socioeconomic certification line item on a Quote (including but not limited to 8(a), HUBZone, WOSB, EDWOSB, VOSB, SDVOSB, and SDB certifications), Customer may cancel that specific certification line item within three (3) business days of accepting the Quote. To exercise this right, Customer must send written notice (email is acceptable) to FEDCON at support@federalgovernment.info before the close of the third business day after Quote acceptance. If Customer cancels within this window, FEDCON will refund the fees allocated to that certification line item only. After the three (3) business day window closes, certification fees become non-refundable because FEDCON begins eligibility analysis, documentation review, and submission preparation immediately upon Quote acceptance. The three-day cancellation window applies only to certification line items and does not apply to any other Service on the Quote.

  • b. For registration Services, Fees become non-refundable once FEDCON has begun entity validation, drafting of submissions, or other initial registration work for the applicable engagement;

  • c. For marketing package Services (such as capabilities statement design, landing page work, or email campaign development), Fees become non-refundable once FEDCON has produced or begun producing the first Deliverable for the applicable engagement;

  • d. For consulting and program engagements (such as the Flagship Program), Fees become non-refundable once the engagement has been kicked off, the first scheduled session has occurred, or the first Deliverable has been produced, whichever occurs first;

  • e. For bid writing Services, Fees become non-refundable once FEDCON has identified or evaluated a target opportunity and begun preparatory work;

  • f. Customer is not entitled to any refund for Services already provided or for expenses incurred on Customer's behalf;

  • g. Any refund, partial refund, or credit beyond what is expressly required by this Agreement, a Program Addendum, or applicable law is at FEDCON's sole discretion.

5.2.1 Chargebacks and Payment Disputes.

Customer agrees to contact FEDCON directly to resolve any billing dispute before initiating a chargeback, payment reversal, or similar dispute with Customer's bank or card issuer. Initiating a chargeback in lieu of contacting FEDCON is a material breach of this Agreement. In addition to FEDCON's other remedies under this Agreement and applicable law:

  • a. Customer remains liable for all Fees due, regardless of any chargeback initiated by Customer;

  • b. Customer is liable to FEDCON for any chargeback fees, processor fees, and reasonable costs incurred by FEDCON in responding to or contesting the chargeback; and

  • c. FEDCON may, at its sole discretion, suspend or terminate any or all Services pending resolution of the chargeback.

This Section 5.2.1 does not limit Customer's rights under applicable consumer protection law or under the three-day cancellation window in Section 5.2(a).

5.3 Outstanding Fees; Suspension.

Any Fees not paid when due will accrue interest at twelve percent (12%) per annum, or the maximum rate allowed by applicable law, whichever is lower. Customer is responsible for all reasonable costs of collection, including attorneys' fees and arbitration or court costs.

If Fees remain overdue or Customer otherwise breaches this Agreement, FEDCON may, without liability, (a) suspend performance of any or all Services, and/or (b) terminate this Agreement or any Quote.

5.4 Payment Method.

Customer shall provide a valid payment method when accepting a Quote. By providing payment information, Customer represents and warrants that:

  • a. The payment information is accurate and complete;

  • b. Customer is authorized to use the payment method;

  • c. FEDCON is authorized to charge the payment method for all applicable Fees; and

  • d. Customer will promptly pay all Fees, including charges arising from dishonored payments or chargebacks.

5.5 Term and Effect.

This Agreement takes effect on the date Customer first accepts it (by signature, electronic acceptance, or use of the Services) and remains in effect for as long as any Quote between Customer and FEDCON remains active. This Agreement automatically terminates thirty (30) days after the conclusion or completion of the final active Quote between the parties, unless Customer accepts a new Quote during that thirty (30) day window, in which case this Agreement continues in effect.

This Agreement does not auto-renew into new Services. Each new engagement requires a new Quote.

Termination of this Agreement does not relieve Customer of its obligation to pay any outstanding Fees. Provisions that by their nature should survive termination (including payment obligations, limitations of liability, indemnification, confidentiality, and arbitration) survive.

5.6 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:

  • a. Any particular outcome or result;

  • b. That any registration, certification, application, or bid will be approved, accepted, or awarded;

  • c. That Customer will receive any minimum number or value of opportunities; or

  • d. That Customer will achieve any specific revenue, performance, or business result from the Services.

6. Authorization to Act on Customer's Behalf

6.1 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 appoints FEDCON as its limited agent for that purpose.

6.2 Accounts Created on Customer's Behalf.

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 Customer is not in breach of this Agreement and no Fees are overdue.

7. Deliverable Ownership

7.1 Customer Ownership of Deliverables.

Upon Customer's payment of all Fees applicable to a Deliverable, the final Deliverable becomes Customer's property. Customer may use, modify, distribute, and reuse such Deliverables without restriction, subject to any third-party rights identified within them.

7.2 FEDCON-Retained Property.

FEDCON retains all right, title, and interest in its proprietary methodologies, frameworks, research tools, opportunity scoring models, training materials, software (including the FEDCON Portal), templates, teaming network, and other FEDCON-developed assets used to produce the Deliverables. Nothing in this Agreement transfers any right in those assets to Customer beyond the use of the specific Deliverables produced for Customer.

7.3 Program Addendum Override.

A Program Addendum may modify Section 7.1 or 7.2 with respect to a particular program. In case of conflict, the Program Addendum governs.

8. Customer Representations and Warranties

Customer represents, warrants, and covenants that:

  • a. Customer has full power and authority to enter into this Agreement and to engage FEDCON for the Services;

  • b. Customer 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 Customer's knowledge and is not provided 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.

9. Limitations of Liability; Disclaimer of Warranties

9.1 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:

  • a. 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 QUOTE(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY; AND

  • b. 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.

9.2 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 ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, FEDCON DOES NOT WARRANT THAT:

  • a. ANY REGISTRATION, CERTIFICATION, APPLICATION, OR SUBMISSION WILL BE APPROVED, ACCEPTED, OR RENEWED;

  • b. CUSTOMER WILL WIN OR BE AWARDED ANY PARTICULAR CONTRACT OR BID; OR

  • c. THE SERVICES WILL MEET CUSTOMER'S EXPECTATIONS OF ANY PARTICULAR BUSINESS OR FINANCIAL RESULT.

10. Data Security and Breach Notification

10.1 Safeguards.

FEDCON will implement commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, or loss while in FEDCON's possession. Customer acknowledges that no method of transmission or storage is completely secure.

10.2 Breach Notification.

In the event of a confirmed unauthorized access to or disclosure of Customer Data in FEDCON's possession, FEDCON will notify Customer in writing without undue delay, and in any event within seventy-two (72) hours after FEDCON becomes aware of the confirmed event. The notification will include, to the extent then known, the nature of the event, the categories of Customer Data affected, and the remedial steps FEDCON has taken or intends to take.

10.3 Customer Data Retention.

Following termination or expiration of this Agreement, FEDCON may retain Customer Data for up to twelve (12) months to permit response to Customer questions, audit requests, and legal obligations. Customer may request earlier deletion in writing, subject to FEDCON's legal and regulatory retention obligations. FEDCON may retain anonymized or aggregated data derived from Customer Data indefinitely.

11. Confidentiality

11.1 Mutual Confidentiality.

Each party agrees to treat information disclosed by the other party in connection with the Services as confidential and not to disclose such information to any third party except as necessary to perform the Services or as required by law. The obligation to maintain confidentiality survives termination of this Agreement for two (2) years.

11.2 NDA on Request.

FEDCON will execute a mutual non-disclosure agreement upon Customer's written request, at no additional cost. Customer may submit its own standard form, or FEDCON will provide one. The absence of a signed NDA does not limit the confidentiality obligation in Section 11.1.

12. Indemnification

Customer agrees to indemnify, defend, and hold harmless FEDCON and its officers, directors, employees, contractors, agents, and licensors from and against any 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 of its representations or warranties; or

  • d. Customer's violation of any applicable law, rule, or regulation.

13. Miscellaneous

13.1 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.

13.2 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 is effective unless in writing and signed by the waiving party, and no waiver constitutes a waiver of any subsequent breach.

13.3 Governing Law.

This Agreement is governed by the laws of the State of Florida, without regard to its conflict of law principles.

13.4 Arbitration; Class Action Waiver.

Any controversy or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity of it, 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 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.

Notwithstanding the foregoing, either party may bring a qualifying claim in small-claims court in lieu of arbitration. Either party may also seek temporary or preliminary injunctive or equitable relief from a court of competent jurisdiction to prevent irreparable harm.

The parties agree that any claim brought under this Agreement shall be brought in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding.

Judgment on the arbitration award may be entered in any court of competent jurisdiction.

13.5 Electronic Signature.

By selecting "I Accept," "I Agree," accepting a Quote, or otherwise providing an electronic signature, Customer agrees that such action constitutes Customer's electronic signature, with 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.

13.6 Severability.

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the provision shall be enforced to the maximum extent permissible, and the remaining provisions remain in full force and effect.

13.7 Entire Agreement; Order of Precedence.

This Agreement, together with all accepted Quotes, applicable Program Addendums, and any documents expressly incorporated by reference (including FEDCON's Privacy Policy and SMS Terms of Service), constitutes the entire agreement between the parties with respect to the Services and supersedes all prior or contemporaneous agreements, proposals, or understandings, whether written or oral.

In the event of any conflict between documents, the order of precedence is:

  • a. The applicable Quote (with respect to the Services described in that Quote);

  • b. The applicable Program Addendum (with respect to the program covered by that Addendum);

  • c. This Agreement.

13.8 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 is binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.

13.9 Force Majeure.

Neither party is 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 the affected party promptly notifies the other and uses commercially reasonable efforts to resume performance. If a Force Majeure Event lasts more than thirty (30) days, either party may terminate the affected Quote upon written notice.

13.10 Notice.

Notices to FEDCON shall be sent to support@federalgovernment.info or to FEDCON's then-current notice address as posted on its website. Notices to Customer shall be sent to the email and address on file in the most recent Quote.

13.11 Survival.

Provisions that by their nature should survive termination or expiration of this Agreement (including Sections 5.2 (Refunds), 5.3 (Outstanding Fees), 7 (Deliverable Ownership), 9 (Limitations of Liability), 10 (Data Security and Breach Notification), 11 (Confidentiality), 12 (Indemnification), and 13.4 (Arbitration)) shall survive.