Terms of Service

1. Acceptance of These Terms

By accessing the FabProz website, requesting a quote, submitting a project, purchasing an evaluation, approving a proposal, paying an invoice, enrolling in a recurring plan, or using any FabProz service, you agree to these Terms of Service.

If you are acting for a company or other organization, you represent that you have authority to bind that organization.

2. Services

FabProz may provide services including:

• Custom metal and stainless-steel fabrication.
• TIG welding, equipment repair, and equipment modification.
• Prototype, pilot, test-fixture, and one-off technical fabrication.
• Control-panel assembly, component mounting, internal wiring, integration, and bench testing.
• Project Evaluations, Fabrication Sprints, and Fractional Shop Support.
• Temporary technical capacity, backlog relief, and project-based field support.
• Websites, lead-response systems, digital workflows, and related digital services.
• Local lead-generation websites and related digital properties.
• Sourcing, vendor coordination, documentation, and other related services when included in writing.

FabProz may accept or decline any project based on technical fit, safety, service area, scheduling capacity, available equipment, materials, insurance requirements, legal restrictions, or other business considerations.

3. Engagement Types

FabProz engagements may be structured as:

• A direct fixed-price or estimated fabrication project.
• An hourly or time-and-material engagement.
• A paid Project Evaluation.
• A reserved Fabrication Sprint.
• A recurring Fractional Shop Support plan.
• An on-site or field assignment.
• A digital setup project, recurring digital service, or software-enabled service.

The applicable proposal, checkout page, or written agreement identifies the engagement type, included scope, price, assumptions, exclusions, and payment terms.

4. Proposals, Estimates, and Scope

Unless expressly stated as a fixed price, an estimate is a good-faith projection rather than a guaranteed final price. Estimates may change because of hidden conditions, incomplete information, revised requirements, material price changes, field conditions, delays, or added work.

A project begins only after FabProz has accepted the work and any required proposal, deposit, payment, purchase order, materials authorization, or written approval has been received.

Verbal discussions, preliminary ideas, website descriptions, and informal messages do not expand the written scope unless FabProz confirms the change in writing.

5. Project Evaluations

Project Evaluations are paid professional review services intended to clarify feasibility, technical direction, missing information, risks, budget range, and the recommended engagement path.

• Evaluation fees are earned for the review itself and are generally nonrefundable once work begins.
• An evaluation does not guarantee that FabProz will accept the resulting fabrication project.
• An evaluation is not a final fabrication quote unless expressly identified as one.
• Evaluation credits toward later work apply only when specifically stated in writing.
• Unless expressly included, evaluations do not constitute licensed engineering, stamped design, code approval, certification, laboratory testing, or third-party inspection.

6. Fabrication Sprints

A Fabrication Sprint reserves a defined block of FabProz capacity for an identified project, priority, or work queue. A sprint reserves capacity; it does not guarantee completion of every requested item within a particular calendar period.

Completion may depend on:

• Material and component availability.
• Client approvals or information.
• Outside vendors, machining, finishing, freight, or inspection.
• Site access, utilities, shutdown windows, or equipment condition.
• Unexpected technical conditions or scope changes.

Sprint pricing covers only the capacity and deliverables stated in the applicable proposal. Additional time, materials, travel, outside processing, freight, or expanded scope may be billed separately.

7. Fractional Shop Support

Fractional Shop Support provides recurring access to reserved FabProz capacity. It is not an unlimited-work subscription.

• Each plan includes only the hours, request limits, scheduling priority, and services stated for that plan.
• Lower tiers may permit only one active request at a time.
• Unused hours expire or roll over only as expressly stated in writing.
• Materials, freight, travel, outside processing, special tooling, and third-party services are additional unless included.
• Emergency or guaranteed same-day availability is not included unless separately contracted.
• Work exceeding the plan capacity may be billed as overage, quoted separately, or moved into a Fabrication Sprint.

8. No Staffing, Employment, or Agency Relationship

FabProz provides independent project services and managed technical capacity. FabProz is not a temporary staffing agency and does not provide personnel as employees of the client.

Nothing in an engagement creates an employment, partnership, joint-venture, franchise, fiduciary, or general agency relationship between the client and FabProz or its personnel.

The parties may coordinate daily activities for safety, access, production timing, and project integration, but FabProz retains control over how its contracted services are performed, subject to the agreed scope and applicable site requirements.

9. Client Responsibilities

The client is responsible for:

• Providing accurate dimensions, drawings, photographs, operating conditions, material information, and project requirements.
• Disclosing pressure, vacuum, temperature, chemical, electrical, sanitary, classified-location, food-contact, alcohol-service, or other special conditions.
• Identifying required codes, permits, inspections, listings, certifications, tolerances, finishes, and acceptance standards before work begins.
• Confirming that the client owns or has authority to modify the equipment, design, software, content, or property involved.
• Reviewing and approving drawings, dimensions, component selections, proofs, and written assumptions promptly.
• Providing safe site access, utilities, shutdowns, escorts, permits, and operating personnel when required.
• Inspecting delivered work before installation, use, shipment, or integration into another system.

FabProz is not responsible for errors, rework, delay, or damage caused by incomplete, inaccurate, concealed, or late client information.

10. On-Site Work, Access, and Safety

For field work, the client must provide a reasonably safe workplace and disclose known hazards, site rules, required training, lockout/tagout procedures, confined spaces, classified locations, hazardous materials, biological hazards, and personal-protective-equipment requirements.

FabProz may stop or refuse work when conditions appear unsafe, materially differ from what was disclosed, or exceed the agreed scope. Standby time, remobilization, additional safety requirements, and delays outside FabProz’s control may be billable.

Unless expressly included, the client remains responsible for facility permits, licensed trade work, code compliance, production shutdowns, decontamination, equipment isolation, and final authorization to return equipment to service.

11. Materials, Components, and Outside Services

Materials, components, freight, travel, lodging, outside machining, finishing, inspection, engineering, certification, software, subscriptions, and special tooling are additional unless specifically included.

FabProz may require deposits or advance payment for materials and noncancelable purchases. Client-directed or custom-ordered materials are nonrefundable once ordered.

When the client supplies materials, components, equipment, files, or software, the client accepts the risk of defects, incompatibility, inaccurate specifications, hidden damage, or insufficient quantity.

FabProz may substitute commercially reasonable equivalent components when the specified item is unavailable, but material substitutions affecting function or price will be communicated when practical.

12. Changes, Hidden Conditions, and Delays

Changes to dimensions, quantity, materials, finish, operating conditions, sequence, schedule, documentation, site access, or acceptance requirements may require a revised price and schedule.

Hidden damage, contamination, prior repairs, unknown wall thickness, warped material, undocumented wiring, obsolete components, and conditions not reasonably visible before work begins are outside the original scope unless stated otherwise.

FabProz is not liable for delays caused by client approvals, shipping, vendors, material shortages, power outages, site conditions, weather, governmental action, labor disruption, equipment failure, or other events outside reasonable control.

13. Payment Terms

Prices and payment schedules are stated in the applicable proposal, invoice, checkout page, or plan. FabProz may require deposits, milestone payments, recurring advance billing, or full payment before work begins.

• Deposits, setup fees, Project Evaluation fees, custom material purchases, and completed work are generally nonrefundable.
• Invoices are due on the date stated on the invoice.
• Late balances may pause work, delivery, access, or recurring services.
• The client is responsible for collection costs and reasonable legal fees to the extent permitted by law.
• Payment disputes must be raised promptly and do not excuse payment of undisputed amounts.

FabProz may retain possession of unfinished or unpaid work until amounts due are paid, subject to applicable law.

14. Recurring Billing and Automatic Renewal

Fractional Shop Support, website care, lead-response systems, software-enabled services, local lead sites, and other recurring plans renew automatically for successive billing periods unless canceled according to the applicable plan terms.

By enrolling in a recurring service, the client authorizes FabProz or its payment processor to charge the selected payment method at each renewal. The amount, billing frequency, included services, and any minimum term will be disclosed before enrollment.

FabProz may change recurring pricing or plan features with advance notice. Continued use after the effective date constitutes acceptance of the revised plan.

15. Cancellation, Rescheduling, and Refunds

Cancellation rights depend on the engagement type and any more specific written agreement.

• Recurring services may be canceled by providing notice through the account, billing method, email, or other cancellation channel identified by FabProz.
• Cancellation stops future renewals but does not refund a current billing period unless required by law or expressly agreed.
• Fabrication Sprints and reserved-capacity blocks may be nonrefundable once scheduled because capacity has been held away from other work.
• Client-caused postponement may require rescheduling fees, storage fees, remobilization costs, or a new schedule.
• Custom materials, outside services, setup work, and completed labor remain payable after cancellation.

FabProz may issue a written cancellation or refund exception at its discretion without creating an obligation to do so in other cases.

16. Inspection, Delivery, and Acceptance

The client must inspect fabrication work, components, files, and digital deliverables promptly. Visible damage, dimensional issues, missing items, or nonconformity should be reported before installation or use and within the acceptance period stated in the proposal.

Installation, alteration, use, resale, shipment to another party, incorporation into another assembly, or failure to report a reasonably discoverable issue within the stated period constitutes acceptance, except for valid warranty claims.

Shipping risk transfers as stated in the applicable proposal or shipping terms. FabProz is not responsible for carrier damage after proper tender to the carrier, but will reasonably assist with available claim documentation.

17. Limited Warranties

Unless a proposal or product-specific warranty states otherwise, FabProz warrants that its services will be performed in a professional and workmanlike manner.

The client’s exclusive remedy for a valid workmanship claim is, at FabProz’s option, reasonable rework, correction, replacement of the affected FabProz work, or refund of the amount paid for that affected work.

Warranties do not cover:

• Normal wear, corrosion, contamination, abuse, misuse, improper cleaning, or improper maintenance.
• Client-supplied materials, components, designs, dimensions, software, or instructions.
• Third-party products, which remain subject to the manufacturer’s warranty.
• Field conditions, installation by others, unauthorized modification, or use outside disclosed operating conditions.
• Pressure, vacuum, structural, electrical, sanitary, code, or process performance not specifically warranted in writing.

Except for express written warranties, services are provided “as is” and “as available” to the maximum extent permitted by law.

18. Websites, Lead Follow-Up, and Digital Services

Digital services may include website design, hosting coordination, maintenance, forms, lead routing, missed-call response, workflow automation, pipeline configuration, review requests, and related services.

• The client must provide lawful, accurate content and obtain rights to logos, images, testimonials, and other materials.
• The client is responsible for its own privacy notices, consent language, industry disclosures, messaging practices, and legal compliance.
• FabProz may rely on third-party hosting, software, telecommunications, email, AI, CRM, analytics, and payment providers.
• Service interruptions, filtering, platform changes, carrier restrictions, and third-party outages may occur.
• Unless expressly transferred, FabProz retains ownership of reusable code, templates, workflows, methods, and preexisting materials.

Broad SEO retainers, guaranteed rankings, paid advertising management, social-media management, and unlimited custom development are excluded unless specifically included.

19. Local Lead Sites

For FabProz-owned lead-generation properties, the website, domain, content, tracking numbers, forms, ranking assets, analytics configurations, and related digital property remain the property of FabProz.

The client receives only the limited right to receive and respond to leads while the applicable service is active and paid. The client receives no ownership interest in the site, domain, rankings, phone numbers, forms, content, or other lead-generation assets unless a separate written transfer agreement says otherwise.

Lead volume, quality, exclusivity, ranking, conversion, and revenue are not guaranteed. FabProz may suspend routing for nonpayment, misuse, poor customer treatment, legal risk, or conduct that may harm the property or FabProz reputation.

20. Ownership and Intellectual Property

Each party retains ownership of intellectual property it owned before the engagement.

Upon full payment, the client receives the rights expressly stated in the applicable proposal for custom deliverables created specifically for that client. Unless expressly assigned, FabProz retains ownership of its methods, templates, jigs, fixtures, processes, know-how, reusable code, workflows, design systems, standard documents, tools, and generalized improvements.

Fabrication drawings, CAD, controls logic, source files, editable design files, and detailed documentation are included only when expressly listed as deliverables.

FabProz may display nonconfidential completed work in portfolios, proposals, case studies, and marketing unless the client and FabProz agree otherwise in writing.

21. Confidentiality

Each party will use reasonable care to protect clearly identified confidential business and technical information received from the other and will use it only for the engagement.

Confidentiality obligations do not apply to information that is public, already lawfully known, independently developed, received lawfully from another source, or required to be disclosed by law.

A separate nondisclosure agreement controls if one has been signed.

22. Third-Party Products and Services

FabProz may recommend, purchase, configure, or integrate third-party materials, components, software, hosting, telecommunications, plugins, payment tools, vendors, engineers, inspectors, or other services.

Third-party products and services are governed by their own terms, pricing, availability, support, and warranties. FabProz is not responsible for a third party’s outage, defect, discontinuation, price change, data practice, refusal, delay, or performance.

23. No Guaranteed Business, Technical, or Regulatory Results

FabProz does not guarantee sales, revenue, leads, rankings, conversion rates, funding, production output, process performance, regulatory approval, permit approval, inspection acceptance, formal listing, or fitness for an undisclosed use.

Any budget, schedule, performance, lead, visibility, or business estimate is an estimate based on available information and is not a guarantee.

24. Limitation of Liability

To the maximum extent permitted by law, FabProz will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profit, lost production, lost business, loss of data, loss of use, downtime, or substitute-service costs.

To the maximum extent permitted by law, FabProz’s total liability arising from a specific engagement will not exceed the amount actually paid to FabProz for the portion of the service giving rise to the claim during the six months preceding the event, or the amount paid for the specific project if it was a one-time engagement.

These limits do not apply where liability cannot legally be limited.

25. Indemnification

The client agrees to defend, indemnify, and hold FabProz harmless from third-party claims, losses, liabilities, and reasonable costs arising from:

• Client-provided designs, content, materials, dimensions, instructions, or intellectual property.
• Use of deliverables outside the disclosed or agreed purpose.
• Installation, operation, modification, resale, or integration performed by the client or others.
• Unsafe site conditions, undisclosed hazards, or failure to obtain permits, approvals, or licensed trade services.
• The client’s violation of law, privacy, marketing, telecommunications, employment, safety, or industry obligations.

26. Suspension and Termination

FabProz may suspend or terminate work or service for nonpayment, unsafe conditions, abusive conduct, unlawful requests, repeated scope disruption, material breach, reputational risk, third-party platform restrictions, or failure to provide required information or access.

On termination, the client remains responsible for completed work, committed capacity, noncancelable purchases, outside services, storage, demobilization, and other amounts accrued through termination.

Sections concerning payment, ownership, confidentiality, warranties, limitations, indemnity, disputes, and other provisions intended to survive will remain effective after termination.

27. Governing Law and Disputes

These Terms and FabProz engagements are governed by the laws of the State of New Mexico, without regard to conflict-of-law principles.

Before filing a lawsuit, the parties agree to attempt in good faith to resolve the dispute through direct written notice and discussion. Unless a more specific written agreement states otherwise, exclusive venue for disputes will lie in the state or federal courts serving Bernalillo County, New Mexico, and each party consents to personal jurisdiction there.

28. General Terms

• Electronic communications: Electronic approvals, signatures, notices, invoices, and records may be used for transactions with FabProz.
• Assignment: The client may not assign an engagement without FabProz’s written consent. FabProz may use employees, subcontractors, vendors, or affiliates to perform portions of the work.
• Force majeure: FabProz is not liable for delay or failure caused by events beyond reasonable control.
• Severability: If one provision is unenforceable, the remaining provisions remain effective.
• No waiver: Failure to enforce a provision once does not waive future enforcement.
• Headings: Headings are for convenience and do not change meaning.
• Entire agreement: These Terms and the applicable proposal, order, or agreement form the entire agreement for the engagement.
• Updates: FabProz may revise these Terms. Revised Terms apply prospectively from the posted effective date unless otherwise stated.

29. Contact

Questions, notices, cancellation requests, and legal communications may be submitted through the contact methods published on the FabProz website.