Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you (“User,” “you,” or “your”) and Jorgenson Enterprises, a Texas sole proprietorship (“Company,” “we,” “us,” or “our”), governing your access to and use of scawages.comand any associated calculators, data, tools, or alert services (collectively, the “Service”).

“Company” includes Jorgenson Enterprises and its owner, officers, employees, contractors, and agents. Every disclaimer, limitation, release, and indemnity in these Terms runs to the benefit of each of them.

1. Acceptance and Eligibility

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease using the Service.

You represent that you are at least 18 years old, that you are using the Service for business purposes and not as a consumer transaction for personal, family, or household use, and that if you are using it on behalf of a company or other organization, you have authority to bind that organization to these Terms.

2. Description of Service and Disclaimers of Affiliation

The Service is an independent software tool that aggregates public Service Contract Act (SCA) Wage Determination (WD) data from SAM.gov, offers fully burdened labor rate estimation calculators, and provides automated notification alerts for wage determination revisions.

• No Government Affiliation: The Service is independently operated. We are not affiliated with, authorized by, sponsored by, or endorsed by the U.S. Department of Labor (DOL), the General Services Administration (GSA), SAM.gov, or any other federal, state, or municipal government agency. Official wage determinations are published by the Department of Labor and are available free of charge at sam.gov.
• No Representative Capacity: We do not prepare, review, submit, or certify bids, claims, Standard Form 1444 (SF-1444) conformance requests, proposals, audit responses, price adjustment requests, or compliance filings on your behalf. We do not act as your agent, representative, or government contracting advisor.

3. Not Legal, Tax, or Procurement Advice

• No Professional Advice: Nothing on the Service constitutes legal, accounting, tax, procurement, human resources, or regulatory compliance advice.
• No Professional Relationship: Your use of the Service does not create an attorney-client, accountant-client, advisory, agency, or fiduciary relationship of any kind between you and the Company. We owe you no professional duty of care.
• Non-Reliance: You acknowledge that you are not relying on the Service as the basis for any pricing, bidding, payroll, classification, or compliance decision, and that you will independently verify every figure before acting on it.

4. Your Verification Responsibilities

• Sole User Responsibility: You are solely responsible for verifying all wage rates, fringe benefits, Executive Order requirements (e.g., EO 14026 / EO 13658), and conformance classifications against the official, binding wage determination explicitly incorporated into your relevant government solicitation or contract.
• Regulatory Compliance: All pricing decisions, bid submissions, payroll determinations, employee classifications, and compliance with the Service Contract Act, the Federal Acquisition Regulation (FAR 22.10), and related labor standards remain exclusively your responsibility.
• Assumption of Risk: You knowingly accept the risk that the data may be inaccurate, incomplete, or out of date, and you accept sole responsibility for the consequences of any decision you make using it.

5. Data Integrity, Sources, and Availability

Wage determination data is ingested from an external, third-party government system (SAM.gov), parsed programmatically, and put through automated validation checks before publication. Those checks reduce error; they do not eliminate it.

• Data Discrepancies: Data may be incomplete, delayed, outdated, or subject to parsing and indexing errors. Determinations are revised without notice. Certain complex fringe benefit structures — including collectively bargained, conditional, or non-standard terms — may be omitted, simplified, or deliberately excluded because they cannot be reduced to a single rate accurately.
• No Duty to Update: We are under no obligation to update, correct, or continue publishing any particular data, page, or feature, and may change or withdraw any part of the Service at any time.
• Service Availability: We do not guarantee uninterrupted, secure, or error-free operation. The Service depends on the uptime and continued availability of SAM.gov and third-party hosting providers.
• Alerts Are Best Effort: Alerts are generated on a weekly cycle. If a crawl fails or an upstream source is unavailable, an alert may be late or may not arrive. Automated alerts must not be used as your sole internal compliance control.

6. Accounts

The calculator works without an account. If you create one, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. Sign-in is by emailed link, so keep access to your inbox secure. Notify us immediately at support@scawages.com if you believe someone else has gained access.

You may delete your account and its associated data at any time from your account dashboard or by emailing us. See our Privacy Policy for what we hold and how deletion works.

7. Paid Subscriptions, Billing, and Refunds

• Billing and Renewals: Pro subscriptions are billed in advance on a recurring monthly basis at the posted rate, plus applicable sales taxes. Payments are processed by Stripe; we never receive or store your card details. Your subscription renews automatically each month until cancelled.
• Cancellation: You may cancel at any time from your account dashboard. Cancellation takes effect at the end of the current paid billing period; you retain access until that date.
• Price Changes: We may change the posted price at any time. We will not change the price of an existing subscription without notifying you by email first.
• Refunds: Except where required by law, subscription fees are non-refundable, and we do not refund partial months, because you retain access for the period you paid for. That said, if the Service did not work, or you were charged in error, email support@scawages.com within 30 days of the charge and we will make it right.
• Chargebacks: Please contact us before disputing a charge with your card issuer. We would rather refund you than argue about it, and a chargeback costs us both more than an email does.

8. Acceptable Use

You agree to use the Service solely for legitimate business estimation and internal analytical purposes. You agree not to:

1. Systematically scrape, harvest, spider, or bulk-extract data from the Service in a manner that degrades performance or circumvents rate limits;
2. Resell, sublicense, redistribute, or package the compiled database or calculator engine into a competing commercial data service or product;
3. Reverse engineer, decompile, or attempt to extract the source code or proprietary algorithms of the Service;
4. Attempt to access accounts, data, or systems that are not yours;
5. Use the Service for any unlawful, fraudulent, or unauthorized purpose.

Ordinary use — including pricing as many bids as you like — is expected and welcome. If you want the data programmatically, ask us rather than scraping it.

9. Intellectual Property and Feedback

The underlying wage determinations are U.S. Government works and are not claimed as ours. The compilation, the parsed and normalized database, the calculator, the site design, and all associated software and text are owned by the Company and protected by copyright and other laws. You receive a limited, revocable, non-exclusive, non-transferable licence to use the Service for your own internal business purposes.

If you send us suggestions, feature requests, or other feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without obligation or compensation to you.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL INCLUDED DATA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.

COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR CONTRACTUAL REQUIREMENTS, ACHIEVE ANY BID OUTCOME, OR BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOST PROFITS, LOST REVENUE, OR LOST CONTRACTS OR BIDS;
• LABOR PENALTIES, BACK-WAGE ASSESSMENTS, DOL AUDIT FINDINGS, FINES, OR CONTRACT WITHHOLDINGS;
• PROCUREMENT DISQUALIFICATION, DEBARMENT, OR BID PROTEST COSTS;
• BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF GOODWILL.

THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US: WE COULD NOT OFFER THE SERVICE AT THIS PRICE, OR FOR FREE, WITHOUT THEM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that is the case, the exclusions and limitations above apply only to the fullest extent that jurisdiction permits, and nothing in these Terms limits liability for fraud, or for any other liability that cannot lawfully be limited.

12. Time Limit on Claims

To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Service or these Terms must be filed within two (2) years after the claim arose, or it is permanently barred.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company from and against any third-party claims, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

1. Your breach of these Terms;
2. Your pricing, preparation, or submission of any bid, proposal, or government contract;
3. Any employment, wage, or labor dispute involving you and your employees, subcontractors, or the U.S. Department of Labor;
4. Your misuse of the Service or of any data obtained through it.

14. Termination and Survival

You may stop using the Service and delete your account at any time. We may suspend or terminate your account and access at our sole discretion, without prior notice, for conduct that violates these Terms or harms other users or our business interests. We will normally tell you why.

Sections 2 through 5 and 9 through 17 survive any termination or expiry of these Terms.

15. Dispute Resolution

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Texas, without regard to its conflict of law principles.

• Informal Resolution First: Before filing anything, you agree to email support@scawages.com describing the dispute and to give us 30 days to resolve it. Most problems end here.
• Binding Arbitration: If we cannot resolve it, any dispute shall be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Travis County, Texas. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this provision.
• Exceptions: Either party may bring an individual claim in small claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or to stop a breach of Section 8. For those matters, and for enforcing an award, the state and federal courts located in Travis County, Texas have exclusive jurisdiction, and each party submits to the personal jurisdiction and venue of those courts.
• Class Action Waiver: YOU AND THE COMPANY AGREE THAT ALL CLAIMS MUST 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 PERSON’S CLAIMS. If this waiver is found unenforceable as to a particular claim, that claim, and only that claim, shall proceed in court.

16. Changes to These Terms

We may update or modify these Terms at any time. If a material change is made, we will notify active paying subscribers by email, or by a prominent notice on the Service, at least 14 days before it takes effect. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

17. General

• Severability: If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed. All remaining provisions stay in full force.
• No Waiver: Our failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment: You may not assign or transfer these Terms without our written consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.
• No Third-Party Beneficiaries: These Terms create no rights in anyone who is not a party to them.
• Force Majeure: We are not liable for any failure or delay caused by events beyond our reasonable control, including outages at SAM.gov or at hosting, email, or payment providers.
• Electronic Communications: You consent to receive notices from us electronically, at the email address associated with your account, and agree that electronic notices satisfy any legal requirement that they be in writing.
• Entire Agreement: These Terms and the Privacy Policy are the entire agreement between us regarding the Service, and supersede any prior understanding on the subject.

18. Contact

If you have questions or concerns regarding these Terms, please contact us at:

Jorgenson Enterprises
Email: support@scawages.com
Website: https://scawages.com

See also our Privacy Policy.