Terms and Conditions
Last updated: October 20, 2026
These Terms and Conditions apply to your use of Facility Solutions Group, Inc. and its subsidiaries' and affiliates' ("FSG," "we," "us," or "our") websites, applications, and communication platforms, and to the purchase of goods and services from FSG.
They have two parts:
- Part I applies to anyone who accesses or uses FSG's websites, mobile and web applications, portals, and communication platforms (collectively, the "Digital Tools").
- Part II applies to the purchase of goods and services from FSG.
By accessing or using any Digital Tool, or by placing an order with FSG, you agree to these Terms and Conditions. If you do not agree, discontinue use of the Digital Tools.
Our Privacy Policy explains how we collect, use, and protect personal information, and it is part of these Terms and Conditions.
Part I – Use of FSG Websites, Applications, and Communication Platforms
1. Use of the Digital Tools
FSG's public websites are available for general informational purposes. Certain Digital Tools are private business applications. These include workforce management, scheduling, timekeeping, field service, project management, and customer or vendor portals. They are available only to FSG employees, contractors, customers, vendors, and other users FSG has authorized. Private Digital Tools may be used only for legitimate business purposes related to FSG's operations.
2. User Accounts
If a Digital Tool requires an account, you are responsible for:
- keeping your login credentials confidential
- all activity that occurs under your account
- providing accurate information
- notifying FSG promptly of any unauthorized access or security concern
3. Acceptable Use
You agree to use the Digital Tools lawfully and responsibly. You may not:
- attempt to gain unauthorized access to any Digital Tool or related system
- interfere with or disrupt system operations
- introduce malicious software
- scrape or harvest data without authorization
- misuse FSG or third-party information
- engage in any activity that could compromise the security or integrity of the Digital Tools
4. Accuracy of Information
Information you enter into a Digital Tool must be accurate and complete to the best of your knowledge.
Content on FSG's public websites is provided for general information only and may change without notice. Product information, specifications, and pricing on the websites do not constitute a Quotation or offer to sell. Sales are governed by a written Quotation and Part II of these Terms and Conditions.
5. Communications and Notifications
By using the Digital Tools or doing business with FSG, you may receive operational communications from FSG, including email, in-app and push notifications, and system alerts. Examples include:
- account and security alerts
- approvals and confirmations
- scheduling and service updates
- reminders
- other messages related to your relationship with FSG
If you have opted in, FSG may also send text messages, as described in Section 6.
6. Text Messaging (SMS) Programs
The FSG Mobile App SMS program sends recurring operational text messages to FSG employees and authorized contractors who opt in within the FSG Mobile App. These include:
- PTO and timesheet requests
- schedule and shift notifications
- safety notices
- password reset links
- app update notices
FSG may also send text messages through other communication tools it uses. These terms apply to all FSG text messaging programs.
Participation in any FSG text messaging program is voluntary and requires affirmative opt-in consent. You enroll by providing your mobile number and taking a deliberate action to agree, such as selecting an unchecked consent checkbox or switching on a text-message setting. Consent is never pre-selected. It is not a condition of employment with FSG, of purchasing any goods or services, or of using a Digital Tool for its core functions.
- Message frequency varies based on your activity and role.
- Message and data rates may apply. FSG does not charge for text messages, but your mobile carrier may.
- You may opt out at any time by replying STOP to any message, or by switching off SMS OPT IN in your FSG Mobile App profile. You will receive a one-time confirmation and then no further messages from that program. Reply START, or switch SMS OPT IN back on, to opt back in.
- Reply HELP to any message for help, or contact [email protected] or (833) 374-4397.
- For information on how we handle your data, see our Privacy Policy.
- Carriers are not liable for delayed or undelivered messages, and delivery is not guaranteed.
- You must have a compatible mobile device and an active wireless plan capable of receiving text messages.
- You confirm that the mobile number you provide is yours, or that you are authorized to use it. You agree to notify FSG promptly if your number changes or is reassigned.
7. Use of Personal Devices
This section applies to FSG employees and contractors whenever they access an FSG Digital Tool or conduct FSG business on a personal device they own or control ("Personal Device"), including smartphones, tablets, and computers.
Consent to use a Personal Device. By installing or using an FSG Digital Tool on a Personal Device, or otherwise using a Personal Device for work, you voluntarily consent to use that Personal Device for two purposes:
- sending and receiving employment-related communications, such as push and in-app notifications and email
- conducting company transactions, such as clocking in and out, submitting time and location records, time-off requests, tool and material tracking, work-order and job updates, and electronic signatures and acknowledgments
Text messages are sent only if you separately opt in under Section 6.
Electronic acknowledgments, approvals, and signatures you make on a Personal Device are valid, enforceable, and attributable to you. Use of a Personal Device is not a condition of employment unless FSG separately provides or requires a company device.
Security requirements. If you use a Personal Device, you agree to:
- keep the device's operating system and FSG applications reasonably up to date
- secure the device with a passcode, PIN, or biometric lock
- protect your login credentials and not let others use your account
- not use jailbroken, rooted, or otherwise compromised devices
- promptly report a lost, stolen, or compromised device to [email protected] or (833) 374-4397
Company data. Company data accessed or stored on a Personal Device remains the property of FSG. To the extent permitted by law, FSG may access, manage, or remotely remove company data and FSG applications from a Personal Device. For example, FSG may do so if the device is lost, the account is compromised, or your access ends.
FSG does not seek access to your personal content, such as personal photos, messages, or apps. A remote removal limited to FSG applications and company data should not affect your personal content. You remain responsible for backing up your own personal data.
Costs and withdrawal of consent. You are responsible for your own device, wireless service, and any voice, message, and data charges, unless FSG provides a stipend or reimbursement under a separate policy. You may withdraw consent to use a Personal Device for work, and FSG may revoke your access, at any time. Withdrawing consent may limit your ability to use FSG Digital Tools and receive related communications.
8. Intellectual Property
All software, content, trademarks, logos, designs, and related materials in the Digital Tools are the property of FSG or its licensors and are protected by applicable intellectual property laws. You may not copy, modify, distribute, reverse engineer, or reproduce any part of the Digital Tools without FSG's prior written authorization.
9. Third-Party Services and Links
The Digital Tools may rely on or link to third-party services and websites that FSG does not control. FSG is not responsible for their content, availability, or practices. Your use of them may be subject to their own terms.
10. Service Availability and Disclaimer
FSG makes reasonable efforts to keep the Digital Tools available but does not guarantee continuous or error-free operation. Maintenance, upgrades, technical issues, or circumstances beyond FSG's control may affect availability.
THE DIGITAL TOOLS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. Limitation of Liability
To the maximum extent permitted by law, FSG shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of, or inability to use, the Digital Tools. Users are responsible for the proper use of the Digital Tools and the information they enter into them.
12. Suspension or Termination
FSG may suspend or terminate access to any Digital Tool at any time, including if a user:
- violates these Terms and Conditions
- engages in unauthorized activity
- no longer has an authorized relationship with FSG
Part II – Terms and Conditions of Sale
1. PROPOSALS – Written proposals or quotations (collectively "Quotations") are firm for ninety (90) days from date of issue, unless otherwise provided for in writing. Quotations are subject to re-negotiation if quantity, option, accessory or any other condition is changed from the original quotation. Unless otherwise indicated, Quotation prices do not include freight, tax or other government charges, all of which shall be the responsibility of Buyer (as defined below). For the purposes of these Terms and Conditions, the term "Goods" used hereinafter shall mean and include all products, goods, materials, supplies, equipment and all labor and services in connection therewith as outlined in the Quotation. "Project" and "Price" refer to the meaning ascribed in the Quotation. The Quotation, together with these Terms and Conditions, form the entire agreement between the parties with respect to the Goods.
2. PLAN APPROVAL – All items quoted are subject to approval, in accordance with plans and specifications, not including any addenda unless otherwise stated. Facility Solutions Group requires one (1) set of submittals that are marked approved by the engineer or specifying authority to be sent to our office before any order will be released for shipment. In the case of Buyer agreements where prototypical bid documents represent the general configuration for multiple locations, one set of approval drawings will be submitted for approval each calendar year. Specific changes to the prototype will be addressed with individual approval drawing submissions, negating the requirement for the full approval process.
3. ACCEPTANCE OF ORDER, TERMINATION – Acceptance of any order is subject to credit approval and acceptance of order by Facility Solutions Group and, when applicable, Facility Solutions Group's suppliers. If credit of the buyer of the goods ("Buyer") becomes unsatisfactory to Facility Solutions Group, Facility Solutions Group reserves the right to terminate upon notice to Buyer and without liability to Facility Solutions Group.
4. SPECIAL ORDERS – Orders for special, made-to-order Goods cannot be cancelled nor returned and Facility Solutions Group may require upfront full or partial payment for such Goods.
5. SHIPMENTS – All shipments are FOB manufacturer's factory. Buyer's written acceptance, whether written or electronic, or acceptance of delivery of Goods from Facility Solutions Group, whichever occurs first, shall be deemed to be an acceptance of Facility Solutions Group offer to supply the Goods, as contained in the Quotation and these Terms and Conditions.
6. SHIPPING DATES – Manufacturers will do their utmost to meet client's delivery requirements and manufacture product with the acknowledged or requested shipping dates. Facility Solutions Group cannot be held liable for manufacturing delays or for delays in delivery. Facility Solutions Group will not accept penalty charges for such delays. Shipping dates are approximate and are based on conditions existing at the time of receipt of client's account acceptance, purchase order, approved submittals, shop drawings and acceptance of order by the manufacturer.
7. SHIPPING CLAIMS – Subject to the security interest set forth in Section 11 (Payment) of this Part II, title to the Goods and risk of loss of the Goods shall pass to Buyer upon delivery to a carrier or to Buyer's truck (F.O.B. shipping point). Carrier routing will be at the discretion of the manufacturer unless the Buyer directs otherwise in writing and assumes additional charges for special routing. Buyer or its consignee must inspect merchandise upon receipt for any shortage, loss or damage and sign for any such discrepancies. Any such discrepancies must be reported to Facility Solutions Group within [CONFIRM: two (2) or three (3)] business days after receipt so that Facility Solutions Group may file necessary claim forms to obtain proper credit to its client. Buyer shall have no right of offset from outstanding invoices with respect to any claims made. Facility Solutions Group will not be held responsible for replacing Goods if not informed within the aforementioned timeframes of receipt by client of such damage or loss to Goods or if the manufacturer of such Goods denies any claim for damages.
8. FREIGHT CHARGES – All orders are plus freight paid by the clients, unless manufacturer terms prevail with freight terms prepaid by manufacturer. Quoted freight dollars are estimates only and are subject to be changed pending carrier's final invoice. Expedited delivery, lift gate, pallet jacks, after hour's deliveries, etc. will result in additional charges.
9. DELAY IN DELIVERY – Facility Solutions Group is not to be accountable for delays in delivery occasioned by acts of God, failure of its suppliers to ship or deliver on time, or other circumstances beyond Facility Solutions Group's reasonable control. Factory shipment or delivery dates are the best estimates of our suppliers, and notwithstanding anything to the contrary, in no case shall Facility Solutions Group be liable for any delay damages, damages, costs, expenses, consequential or special damages arising from any delay in shipment or delivery.
10. TAXES – Prices shown do not include sales or other taxes imposed on the sale of goods. Taxes now or hereafter imposed upon sales or shipments will be added to the purchase price. Buyer agrees to reimburse Facility Solutions Group for any such tax, within three (3) days of receiving an invoice, as permitted by local and state laws or provide Facility Solutions Group with acceptable tax exemption certificate.
11. PAYMENT – Terms of payment are net thirty (30) days. Whenever, for any reason, doubt as to Buyer's financial responsibility develops, Facility Solutions Group may require cash payment in advance and/or other credit enhancements. Buyer grants to Facility Solutions Group a purchase money security interest in the Goods delivered pursuant hereto by Facility Solutions Group to secure payment of all amounts owing from client to Facility Solutions Group. Buyer agrees and irrevocably appoints Facility Solutions Group its agent to execute all such documents and instruments and to take such other action as may be necessary or reasonably required by Facility Solutions Group to perfect and otherwise protect Facility Solutions Group's security interest hereunder. The forgoing agency is coupled with an interest hereunder and shall be irrevocable as long as client owes any amounts to Facility Solutions Group. Facility Solutions Group reserves the right to charge interest. The interest rate will be at the lesser of either one and one-half percent (1.5%) per month, or the maximum rate allowed by law if the Buyer is delinquent in payment of invoices.
12. RETURNS – All returns are subject to and contingent upon individual manufacturer's terms and conditions for returns. Returns will only be accepted if Facility Solutions Group issues a Return Goods Authorization ("RGA"). Any request for a RGA must be made within thirty (30) days of invoice date. RGA's are active for twenty-five (25) days. Material will not be accepted on expired RGA's and credit will not be issued. Custom orders or modified standard Goods are not returnable. Returned merchandise must be in its original factory carton and in new and salable condition. Credit for merchandise is subject to inspection. Returns may be subject to a restock fee. Return shipping costs are the responsibility of the Buyer.
13. WARRANTIES – Facility Solutions Group warrants that the Goods sold hereunder are of merchantable quality and that it can convey the title to the Goods free of any security interest or other lien subject to payment for such Goods. EXCEPT AS EXPRESSLY SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW FACILITY SOLUTIONS GROUP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE GOODS OR THE USE THEREOF INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, Facility Solutions Group accepts no responsibility for voltage determination or finish requirements.
14. WARRANTY ADMINISTRATION – Facility Solutions Group will administer manufacturer's warranties in accordance with Facility Solutions Group's warranty administration procedures, a copy of which is available upon request.
15. MANUFACTURER TERMS AND CONDITIONS – The manufacturer's terms and conditions of material supplied by Facility Solutions Group to Buyer shall convey to Buyer.
16. INDEMNIFICATION – BUYER SHALL INDEMNIFY, REIMBURSE, DEFEND AND HOLD FACILITY SOLUTIONS GROUP, THE MANUFACTURER, AND EACH OF THEIR AFFILIATES, EMPLOYEES, REPRESENTATIVES AND AGENTS ("INDEMNITEES") HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, DAMAGES, DEFICIENCIES, COSTS OR EXPENSES (INCLUDING INTEREST, PENALTIES AND REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS) THE INDEMNITEES MAY INCUR AS A RESULT OF, ARISING OUT OF, OR RESULTING FROM FACILITY SOLUTIONS GROUP SUPPLY OR FAILURE TO SUPPLY GOODS HEREUNDER, OR RELATED TO ANY GOODS SOLD OR ANY USE OF SUCH GOODS.
17. MODIFICATION OF TERMS AND CONDITIONS – These Terms and Conditions control and supersede all other communications, negotiations, and prior oral or written agreements or statements regarding the Goods or subject matter of these Terms and Conditions. No change, modification, rescission, discharge, abandonment, or waiver of these Terms and Conditions shall be binding upon Facility Solutions Group unless made in writing and signed on its behalf by a duly authorized representative of Facility Solutions Group. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these Terms and Conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Additional or different terms proposed by Buyer or any attempt by Buyer to vary in any degree any of these Terms and Conditions whether by purchase order, acceptance, payment, invoice, quote or otherwise are hereby deemed a material alteration and notice of objection and rejection of such terms is hereby given. If Buyer shall deem this document an acceptance of a prior offer, such acceptance is expressly conditional upon, and limited to, Buyer's acceptance of these Terms and Conditions set forth herein.
18. GENERAL – These Terms and Conditions shall be governed by the laws of the State of Texas without reference to its internal conflicts of laws principles. In the event that any one term or condition listed above should be deemed invalid, all other terms and conditions will remain valid and in full effect. Facility Solutions Group shall not be liable or obligated to the Buyer for its failure to perform hereunder if and to the extent that such failure to perform is beyond its reasonable control. These Terms and Conditions shall control in all respects concerning the purchase of Goods from Facility Solutions Group notwithstanding the printed terms and conditions stated in any purchase order, sales order, order acknowledgement or other form submitted in connection with the purchase of Goods. Facility Solutions Group hereby objects in advance to any printed terms and conditions set forth in any such sales order, purchase order, order acknowledgement or other form submitted in connection with the purchase of Goods to the extent inconsistent with these Terms and Conditions contained herein.
19. WAIVER – The failure of Facility Solutions Group to insist upon the performance of any of the provisions of these Terms and Conditions or to exercise any right hereunder shall not be deemed to be a waiver of such terms, conditions, or rights in the future, nor shall it be deemed to be a waiver of any other term, condition, or right under these Terms and Conditions.
20. ASSIGNMENT – Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Facility Solutions Group, and any such assignment, without such consent, shall be void.
21. DISPUTE RESOLUTION – If a dispute between Facility Solutions Group and Buyer arises out of the Quotation, these Terms and Conditions or the Goods, then Facility Solutions Group may elect to arbitrate such dispute in the manner provided below, or to litigate the dispute in a forum with jurisdiction to decide the dispute. Any arbitration shall be conducted in accordance with the Construction Industry Rules of the American Arbitration Association; provided, however, that only one arbitrator shall hear the case. Buyer agrees, upon the request of Facility Solutions Group, to submit a dispute to a mediator and to negotiate in good faith to reach an agreement with respect to the dispute. These Terms and Conditions and the Quotation shall be governed by the laws of the State of Texas. Any dispute, controversy or claim arising out of or relating in any way to the Quotation, these Terms and Conditions or the Goods, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach, shall be exclusively resolved by following the dispute resolution procedures set forth above. Mediation and Arbitration of any such dispute shall occur in Travis County, Texas or Williamson County, Texas.
22. SURVIVAL – These Terms and Conditions shall survive the delivery of the Goods and the completion or termination of the Quotation and these Terms and Conditions.
23. COMPLETE AGREEMENT – The provisions of these Terms and Conditions, including the specifications and standards set forth in the Quotation shall control. In the event of an irresolvable conflict among the specifications set forth in these Terms and Conditions, or the other related contract documents, including, but not limited to, purchase orders and invoices, then these Terms and Conditions shall control.
General Provisions (Apply to Parts I and II)
Order of precedence. If Part I and Part II conflict regarding the purchase of Goods, Part II controls. A separate written agreement signed by FSG controls over these Terms and Conditions to the extent of any conflict.
Governing law. These Terms and Conditions are governed by the laws of the State of Texas, without regard to its conflict of laws principles.
Modifications to these Terms. FSG may update Part I of these Terms and Conditions at any time by posting the revised version on this page. Updates take effect when posted. Continued use of the Digital Tools after an update constitutes acceptance of the revised terms. Changes to Part II are governed by the Modification of Terms and Conditions section of Part II.
Contact
Questions about these Terms and Conditions may be directed to:
Facility Solutions Group, Inc.
4401 West Gate, Suite 310
Austin, Texas 78745
Email: [email protected]
Phone: (833) 374-4397
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