TERMS & CONDITIONS

1. Scope of Services

Services provided by DAMA Design & Build Inc. (“Consultant”) are limited strictly to those expressly stated in the applicable proposal, engagement letter, service description, or written agreement. Any services requested outside the defined scope require a written amendment and may result in additional fees.

2. Contract Finalization & Pricing Adjustments

Final pricing is contingent upon review of the Client’s contracts, documentation, systems, and activation requirements. Consultant reserves the right to adjust pricing if discrepancies, omissions, changes, or additions to scope are identified upon review.

3. Additional Work & Change Orders

If additional services are requested beyond the original scope, Consultant will provide written notice outlining the revised scope, estimated fees, and timeline. No additional work will commence without written approval from Client.

4. Payment Terms & Suspension of Services

All payments must be made by the due dates specified in the agreement and/or invoice. Consultant reserves the right to immediately pause or suspend services if payment is late or incomplete. Consultant shall not be liable for delays, compliance issues, penalties, interest, or disruptions caused by late or non-payment.

5. Client Cooperation & General Responsibilities

Client agrees to provide accurate, complete, and timely information, documentation, system access, approvals, and cooperation required for services. Consultant is not responsible for delays, errors, penalties, or compliance failures resulting from Client’s failure to provide required information or approvals in a timely manner.

6. Confidentiality

Both parties agree to maintain the confidentiality of all non-public business, financial, tax, employee, compliance, and proprietary information disclosed during the engagement, except as required by law or authorized in writing.

7. Term & Standard Termination

This engagement is valid for the dates outlined in the engagement timeline unless extended by mutual written agreement. Either party may terminate with fourteen (14) days’ written notice. Client remains responsible for all services rendered and costs incurred through the termination date. All deposits and payments are non-refundable.

8. Professional Conduct, Harassment & Immediate Termination

DAMA Design & Build Inc. maintains a professional, respectful, and compliance-driven working environment. Any form of harassment, intimidation, abusive conduct, threatening behavior, or inappropriate communication directed toward Consultant, its employees, contractors, or representatives will not be tolerated.

If Consultant determines such conduct has occurred, Consultant may terminate this agreement immediately without notice.

Upon termination for conduct:

All services cease immediately

All fees, deposits, and payments are non-refundable

Client access to Consultant-managed systems may be restricted or revoked

A termination notice will be emailed outlining the reason and the final deadline to download digital records

9. Breach of Agreement & Immediate Stop-Work Authority

Client’s failure to comply with any term of this agreement constitutes a material breach.

In the event of breach:

  • Consultant may immediately suspend or terminate services without notice

  • All payments are non-refundable

  • Consultant has no obligation to continue services or deliverables

  • Client access to systems, platforms, or materials may be revoked


    A termination notice will outline the breach and final document download deadline. Consultant is not liable for damages arising from termination due to breach

10. Compliance Responsibilities & No Guarantee of Compliance Outcomes

Client acknowledges that legal, tax, payroll, labor, and regulatory compliance remains the responsibility of the Client, regardless of advisory or implementation support provided by Consultant.

Consultant’s role is to:

  • Identify potential compliance gaps

  • Organize financial and operational data

  • Provide recommendations based on industry standards, professional experience, and information supplied by Client

  • Assist in implementing compliance-related processes where expressly contracted

Consultant does not guarantee compliance outcomes, filings, approvals, audits, or regulatory determinations and is not responsible for penalties, interest, fines, or enforcement actions resulting from:

  • Client delays or inaction

  • Incomplete, inaccurate, or withheld information

  • Client decisions to override or dismiss recommendations

  • Third-party or governmental actions

11. The Tax Files Service: Cooperation, Timeline & Filing Requirements

The Tax Files service provided by DAMA Design & Build Inc. includes bookkeeping review, financial organization, and electronic tax filing (“e-filing”), as applicable.

Client acknowledges and agrees that The Tax Files service requires full, timely, and ongoing cooperation from the business owner(s), including but not limited to:

  • Prompt submission of all requested financial records, tax documents, and supporting information

  • Timely responses to questions, clarifications, and approvals

  • Active participation in resolving discrepancies, missing data, or compliance issues

Client understands that all services provided by DAMA require the owner’s full cooperation to maintain agreed-upon timelines. Delays in providing information, approvals, or documentation may result in adjustments to timelines, scope, or fees.

If delays or unexpected events arise that may impact filing deadlines, Consultant will communicate such issues with Client to determine next steps, including options to mitigate late filing penalties, interest, or the application of rush fees where applicable.

Consultant shall not be held responsible for:

  • Late filing penalties or interest resulting from Client delays or lack of cooperation

  • Incomplete or inaccurate filings caused by missing or withheld information

  • Timeline extensions required due to Client inaction or unforeseen circumstances

12. Limitation of Liability

Consultant shall not be liable for indirect, incidental, special, or consequential damages. Consultant’s total liability shall not exceed the total fees paid by Client under this agreement.

13. Force Majeure

Neither party shall be liable for failure or delay due to events beyond reasonable control, including natural disasters, labor disruptions, governmental actions, system outages, or pandemics.

14. Indemnification

Client agrees to indemnify and hold harmless Consultant from any claims, liabilities, damages, penalties, or expenses arising from Client’s business operations, employment practices, payroll, tax filings, or failure to comply with applicable laws, except where caused by Consultant’s gross negligence or willful misconduct.

15. Intellectual Property

All methodologies, templates, workflows, systems, reports, tools, software configurations, and proprietary processes developed by Consultant remain Consultant’s exclusive intellectual property. Client receives a limited, non-exclusive, non-transferable license for internal use during the engagement only.

16. Non-Solicitation

Client agrees not to solicit, hire, or contract with Consultant’s employees, contractors, or vendors during the engagement and for six (6) months thereafter without written consent.

17. Travel & Expenses

Pre-approved travel or out-of-pocket expenses shall be reimbursed within one (1) day of invoice.

18. Dispute Resolution

Parties agree to attempt good-faith negotiation and mediation prior to litigation.

19. Entire Agreement

This agreement constitutes the entire understanding between the parties and supersedes all prior communications.

20. Governing Law

This agreement shall be governed by the laws of the State of California.

21. Payroll Services & ADP Affiliate Relationship

Consultant may offer payroll services and extend ADP affiliate discounts depending on the selected package. Client remains solely responsible for payroll accuracy, filings, tax payments, penalties, and employment compliance.

22. QuickBooks Online Accountant Access

Consultant may provide accountant-level access to QuickBooks Online. All templates, workflows, and configurations remain Consultant’s intellectual property and are licensed for use during the engagement only.

23. Proposal Materials & Intellectual Property

Proposal materials may not be copied, shared, distributed, or implemented without written consent. Deliverables are released only after execution and receipt of required payments.

24. Third-Party Costs

Third-party compliance items, filings, licenses, labor law posters, software subscriptions, or regulatory fees are not included unless expressly stated and remain Client’s responsibility.

25. Vendor Transparency & Pricing Adjustments

Client agrees to full transparency regarding vendors, contracts, and regulatory requirements. Pricing may be adjusted based on vendor demands, compliance complexity, or scope changes.

26. Client Software, Platforms & Administrative Fees

Client acknowledges that any software, platforms, systems, or payroll services already in use by Client require administrative setup, monitoring, management, and compliance oversight.

Use of Client-owned or Client-selected systems may be billed as administrative services. DAMA Design & Build Inc. provides services in a cost-effective and efficient manner, but is not required to absorb administrative workload at no cost.

27. Privacy, Data Use & Client Consent

Client agrees to DAMA’s Privacy Policy, Tax Client Privacy & Safeguards Notice, and California Privacy Rights (CCPA/CPRA) disclosures, incorporated by reference.

28. No Legal, CPA, or Guaranteed Outcomes

Client acknowledges that DAMA Design & Build Inc. is not a Certified Public Accounting (CPA) firm unless expressly stated in writing.

Consultant provides advisory and tax preparation support using advanced Excel-based analysis, professional experience, and industry standards, but does not provide audits, attestation services, or CPA-certified opinions.

29. No Responsibility for Dismissed or Disregarded Advice

Consultant shall not be held responsible for outcomes arising from Client’s rejection, delay, or dismissal of Consultant’s advice or recommendations.

30. Electronic Signatures & Digital Acceptance

All agreements must be executed electronically. Electronic signatures, initials, and checkbox acknowledgments are legally binding and equivalent to handwritten signatures. No services will commence without electronic execution.

31. Call Recording & Communication Monitoring

Client acknowledges and agrees that all inbound and outbound calls made to or from DAMA Design & Build Inc.’s business phone numbers may be recorded for documentation, compliance, and quality assurance purposes, as permitted by law.

32. Documented Communication Requirement

All services, approvals, instructions, and advice must be documented via recorded business phone lines or written electronic communication (email or client portal). There will be no service-related communication without record.

SMS Messaging Terms & Compliance

1. Program Description: This messaging program sends appointment confirmation and reminder messages to customers who have booked an appointment with Hanna Bederson from Your Resilience Reset on behalf of FTF Dynamic Consulting LLC through our website at www.yourresiliencereset.com, or via our scheduling forms at https://yourresiliencereset.com/schedule-a-call-192471, and have explicitly opted in to receive SMS notifications. Opt-in is collected via web forms with a dedicated checkbox for SMS consent. Messages include scheduling confirmations, appointment reminders, rescheduling updates, customer support communications and weekly promotional messages.

2. Cancellation Instructions: You can cancel the SMS service at any time. Simply text "STOP" to the same number that sent you messages. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

3. Support Information: If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or reach out directly to [email protected] or call (619) 630-9618 during business hours.

4. Carrier Liability: Carriers are not liable for delayed or undelivered messages.

5. Message & Data Rates: Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies based on your service usage and appointment schedule. For questions about your text plan or data plan, contact your wireless provider.

6. Supported Carriers: Our SMS program works with all major U.S. wireless carriers, including AT&T, T-Mobile, Verizon, Sprint, and most regional carriers.

7. Age Restriction: You must be 18 years or older to participate in our SMS program.

8. Privacy Policy: For privacy-related inquiries, please refer to our Privacy Policy at www.yourresiliencereset.com/privacy-policy

We comply with all applicable laws and regulations, including the Telephone Consumer Protection Act (TCPA) and CTIA guidelines, regarding the use of SMS communications.

General Terms

This website (the "Site") is owned and operated by Your Resilience Reset on behalf of FTF Dynamic Consulting LLC ("COMPANY," "we" or "us"). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Your Resilience Reset on behalf of FTF Dynamic Consulting LLC.

Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

Intellectual Property Rights

Our Limited License to You

This Site and all the materials available on the Site are the property of Your Resilience Reset on behalf of FTF Dynamic Consulting LLC and/or our affiliates or licensors and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use.

You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us.

Unless explicitly authorized, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from the Site. However, you may download and/or print one copy of individual pages for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including comments, blog entries, social media posts, photos, and videos) to us via the Site, internet groups, or other digital venues, you represent that you own the material or have obtained the necessary permissions. You grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to use, modify, transmit, sell, exploit, create derivative works from, distribute, and publicly perform or display such material.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products, or services offered on or through the sites.

The information, products, and services offered on or through the Site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.

You agree at all times to indemnify and hold harmless Your Resilience Reset on behalf of FTF Dynamic Consulting LLC, its affiliates, and their respective officers, directors, agents, and employees from any claims, causes of action, damages, liabilities, costs, and expenses arising out of or related to your breach of any obligation, warranty, or representation under these Terms of Service.

Online Commerce

Certain sections of the Site may allow you to purchase products and services from third-party vendors. We are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these products and services. If you make a purchase from a third party linked through the Site, the information obtained during your visit, including payment information, may be collected by both the merchant and us.

Your participation in any dealings with third-party vendors is solely between you and the third party. Your Resilience Reset on behalf of FTF Dynamic Consulting LLC shall not be responsible for any loss or damage incurred as a result of such dealings.

Registration & Passwords

To access certain features of the Site, you may be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account.

If you suspect unauthorized use of your account, notify us immediately at [email protected]. We are not liable for any loss or damage arising from your failure to comply with this obligation.

Termination

We reserve the right to terminate or suspend your access to the Site, without notice, if we determine that you have violated these Terms of Service or engaged in conduct that we deem inappropriate or unlawful. Upon termination, you must cease all use of the Site and any content obtained from it.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the state in which Your Resilience Reset on behalf of FTF Dynamic Consulting LLC operates. Any dispute arising under these Terms shall be resolved exclusively through binding arbitration in that jurisdiction.