Fulcrum Concepts, LLC Web Services Standard Terms & Conditions (2026)

These Terms & Conditions apply to all proposals, statements of work, and agreements between Fulcrum Concepts, LLC ("Provider") and the client ("Client") unless otherwise agreed in writing.

1. Independent Contractor

Provider is an independent contractor and not an employee, agent, or partner of Client. Nothing in any agreement shall be interpreted as creating a joint venture, partnership, or employment relationship.

2. Scope of Work

Services are limited to those specifically described in the applicable proposal or agreement.

Any work requested outside the defined scope constitutes additional work and will require written approval and may incur additional fees.

3. Payment Terms

Payment terms are defined in the applicable proposal.

Failure to make timely payments may result in:

• Suspension of work
• Delay in project timeline
• Withholding of deliverables
• Delayed website launch

Final payment must be received prior to website launch unless otherwise agreed in writing.

4. Client Responsibilities

Client agrees to:

• Provide timely content, approvals, and feedback
• Ensure all content provided is legally accurate and properly licensed
• Maintain proper licenses for third-party software or assets they provide
• Review and approve final content prior to launch

Provider is not responsible for errors in content supplied or approved by Client.

5. Intellectual Property

Upon full payment:

• Client owns the final website design and content deliverables created specifically for the Client.
• Provider retains ownership of pre-existing tools, frameworks, templates, processes, code libraries, and methodologies used in development.
• Provider may reuse general design techniques, code patterns, and non-proprietary elements for other clients.

Provider retains the right to display completed work in its portfolio and marketing materials.

6. Third-Party Platforms & Hosting

Provider is not responsible for:

• Hosting outages
• Domain registration issues
• Third-party plugin failures
• Search engine algorithm changes
• Social platform or advertising platform policy changes

Client is responsible for ongoing hosting, domain registration, and third-party subscription fees unless otherwise specified.

7. SEO & Search Performance Disclaimer

Unless expressly included as a separate service agreement:

• Provider does not guarantee search rankings, traffic levels, or lead volume.
• Search engine performance is influenced by many external factors beyond Provider's control.

Websites will be built using accepted best practices but no specific ranking or performance outcomes are guaranteed.

8. ADA & Accessibility

Provider will implement accessibility best practices as described in the applicable proposal.

However:

• No website can guarantee complete legal immunity from ADA or accessibility-related claims.
• Ongoing accessibility monitoring is not included unless separately contracted.

9. AI-Generated Content & Tools

Provider may utilize AI tools in the design, development, content drafting, or optimization process.

Client acknowledges:

• AI-generated materials may require human review and refinement.
• Client retains final responsibility for reviewing and approving all published content.

10. Limitation of Liability

To the fullest extent permitted under Pennsylvania law:

Provider's total liability for any claim arising out of services rendered shall not exceed the total amount paid by Client under the applicable agreement.

Provider shall not be liable for:

• Indirect damages
• Consequential damages
• Lost profits
• Business interruption
• Loss of data

11. Indemnification

Client agrees to indemnify and hold harmless Provider from claims arising from:

• Content supplied by Client
• Inaccurate or unlawful representations
• Copyright or trademark violations related to Client-provided materials
• Regulatory or compliance violations tied to Client content

Provider agrees to indemnify Client for claims directly arising from Provider's gross negligence or willful misconduct.

12. Confidentiality

Each party agrees to maintain confidentiality of proprietary information received from the other.

Provider may identify Client as a customer for portfolio and marketing purposes unless otherwise agreed.

13. Force Majeure

Provider shall not be liable for delays or failure to perform caused by events beyond reasonable control, including but not limited to:

• Acts of God
• Government restrictions
• Natural disasters
• Cybersecurity incidents beyond reasonable mitigation
• Third-party vendor failures

14. Governing Law

This agreement shall be governed by and construed under the laws of the Commonwealth of Pennsylvania.

Venue for any dispute shall lie in the appropriate courts of Pennsylvania.

15. Severability

If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.