Clarity Call

TERMS AND CONDITIONS OF SERVICE

These Terms and Conditions (“Terms”) govern the relationship between DAMA Design & Build Inc. (“Company,” “we,” “us,” or “Consultant”) and the individual or entity purchasing services or accessing the website damabusinessconsulting.com (“Client,” “you,” or “User”). By accessing our website or engaging our services, you agree to be bound by these Terms, our Privacy Policy, and any specific Engagement Letters or Service Descriptions provided at the time of purchase.
DAMA Design & Build Inc. provides strategic business support, financial alignment, and operational systems. Services are strictly limited to the specific package or proposal purchased. Our core offerings include:
  • Business Blueprint Review: Operational and compliance diagnostics.
  • Fast Track 90: Implementation of CEO structures and systems.
  • The Business Compliance Edit: Hands-on correction of corporate structure, compliance, and finances.
  • The Tax Edit: Tax Filings, resolution of historical tax and bookkeeping issues.
  • Business Compliance & Brand Evolution Launch Kits: Foundational setups for new entities.
  • Fractional CFO & COO Advisory: High-level operational and financial management.

Limitation of Scope / No Advice Outside Written Agreement: Client acknowledges and agrees that no professional advice, deliverables, or services will be provided outside of the specific services explicitly listed in the written contract agreement (including any Engagement Letter, Service Description, invoice scope, or written amendment). Any additional assistance, analysis, consultation, deliverables, or support requested by Client that is not expressly included in the written agreement is outside scope and requires a separate written agreement and may require additional fees.

Any services requested outside the defined scope require a written amendment and
will result in additional fees.

Final pricing for “Edit” or “Clean-up” services is contingent upon a full review of the Client’s existing contracts, documentation, and financial systems. Consultant reserves the right to adjust pricing if discrepancies, omissions, or undisclosed complexities are identified after the initial engagement. No additional work beyond the original scope will commence without written approval from the Client.

All payments must be made by the due dates specified in the invoice.

  • Suspension: Consultant reserves the right to immediately pause or suspend all services, including access to proprietary portals or software, if payment is late or incomplete.
  • Liability: Consultant shall not be liable for delays, missed deadlines, or tax penalties, interest, or disruptions caused by the Client’s failure to maintain a current account balance.

The success of our “Evaluate, Re-Align, Implement, Stabilize” methodology relies on Client participation. Client agrees to:

  • Provide accurate, complete, and timely financial records and documentation.
  • Grant necessary system access (accounting software, payroll software, etc.).
  • Respond to inquiries within forty-eight (48) business hours.
  • Commitment for Bookkeeping and Corporate Tax Services: If the client engages DAMA Design & Build Inc. for bookkeeping services and/or corporate tax services, Client acknowledges that such engagement constitutes a commitment to work with DAMA Design & Build Inc. for the duration of those specific services as defined in the written agreement and/or service term (including any onthly/quarterly scope, project timeline, or tax-year filing engagement). Client may not unilaterally treat partial participation, intermittent cooperation, or switching providers mid-service as a cancellation without following the termination terms in Section 8 and any additional terms in the written agreement.
  • Incomplete Work: Consultant will not submit any filings or complete deliverables if the Client has failed to provide the required information. Consultant is not responsible for penalties resulting from Client-driven delays.

Client acknowledges and agrees that DAMA Design & Build Inc. IS NOT A CERTIFIED PUBLIC ACCOUNTING (CPA) FIRM AND IS NOT A LAW FIRM. WE DO NOT PROVIDE LEGAL ADVICE, TAX LEGAL ADVICE, OR CPA ATTESTATION SERVICES.

  • We provide strategic advisory, bookkeeping support (as applicable), and tax preparation/filing support (as applicable) based on professional experience and industry standards.
  • We do not provide CPA-certified opinions.
  • Any information we provide is general and educational and may not apply to your specific facts or circumstances.
  • You are responsible for the decisions made for your business. For legal questions (including entity structure, contracts, employment, disputes, or regulatory matters), you must consult a licensed attorney. For CPA attest work or audited financials, you must consult a licensed CPA.

While DAMA Design & Build Inc. identifies compliance gaps and organizes data, legal and regulatory compliance remains the sole responsibility of the Client.

  • NO GUARANTEE OF OUTCOMES: WE DO NOT GUARANTEE ANY SPECIFIC RESULT OR OUTCOME, including (without limitation) IRS or state agency approvals, processing times, audit outcomes, penalty abatements, refund amounts, loan outcomes, business growth, credit outcomes, or profitability.
  • LIMITATION OF LIABILITY (CONSPICUOUS): TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAMA DESIGN & BUILD INC.’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO DAMA DESIGN & BUILD INC. FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. IN NO EVENT WILL DAMA DESIGN & BUILD INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

All methodologies, the “4-Step Method,” templates, workflows, analysis tools, and proprietary processes developed by DAMA Design & Build Inc. remain our exclusive intellectual property. Client is granted a limited, non-exclusive license to use these materials for internal business operations only. You may not copy, redistribute, or sell our proprietary workflows to third parties.

  • Standard Termination: Either party may terminate the engagement with fourteen (14) days’ written notice. All deposits and payments made prior to termination are non-refundable.
  • Immediate Termination for Conduct: DAMA Design & Build Inc. maintains a zero-tolerance policy for harassment, discrimination, hate speech, intimidation, abusive language, repeated hostile communications, or threatening behavior toward our team or other clients, whether in writing, by phone, online, or in person. If we determine (in our reasonable discretion) that such conduct has occurred, we may immediately terminate or pause services, revoke access to Consultant-managed systems and/or the client portal, and require that all future communications be in writing only. All fees remain earned and non-refundable to the fullest extent permitted by law.

Professional Status: When providing tax preparation services, the service provider is a California Registered Tax Preparer (CRTP) and is bonded as required by law. Client acknowledges that DAMA Design & Build Inc. is not a CPA firm and does not provide legal advice (see Section 5).

Scope of Tax Preparation Services: Tax preparation services are limited to the preparation and (when authorized by Client) electronic filing of applicable federal, state, and/or local tax returns and related forms based solely on information and documentation provided by Client (including Organizer responses, tax documents, bookkeeping reports, and written confirmations).

Client Responsibility for Accuracy and Completeness: Client is solely responsible for:

  • The accuracy, completeness, and timeliness of all information provided.
  • Review all returns and forms prior to filing and approving the submission.
  • Maintaining records to substantiate items reported on any return. Consultant is not responsible for penalties, interest, or adverse outcomes resulting from incomplete, late, or inaccurate information provided by Client, or Client’s decision to override or disregard Consultant’s recommendations.

Audits, Diagnostics, and Representation (Clarification): General tax audit/examination representation before the IRS, Franchise Tax Board, or any other taxing authority is not standard and is not included with tax preparation and filing unless separately agreed upon in writing (and may require additional fees and, if applicable, a signed IRS Form 2848). However, Client acknowledges that audit and diagnostic services are explicitly included as part of the Business Blueprint Review service, which is an internal operational/compliance review designed to identify gaps and risks; it is not the same as representation in a taxing authority audit or examination unless specifically contracted.

  • SMS Consent (TCPA/CTIA): By providing your mobile number and opting in (including through our website forms, checkout, intake forms, or by texting a keyword), you agree to receive SMS/text messages from DAMA Design & Build Inc. at the number provided, which may include appointment reminders, scheduling/servicing updates, account-related notices, and (if you opt in) marketing/promotional messages.
  • Autodialer/Message Frequency/Fees: Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase.
  • Opt-Out: Reply STOP at any time to cancel. You may receive one final confirmation message. Reply HELP for help.
  • Accurate Number: You represent that you are the account holder for the number provided or have authorization to opt in for that number, and you will notify us if your number changes.
  • Call Recording: Client acknowledges that inbound and outbound calls may be recorded for documentation, quality assurance, and compliance purposes, to the extent permitted by law.
  • Documented Communication: To keep everything clear and organized, all material instructions, approvals, and change requests must be in writing via email or the client portal.

Client agrees to indemnify and hold harmless DAMA Design & Build Inc. and its officers from any claims, damages, penalties, or expenses arising from the Client’s business operations, employment practices, or tax filings, except in cases of gross negligence by the Consultant.

  • Governing Law: These Terms are governed by the laws of the State of California.
  • Mediation: Parties agree to attempt good-faith negotiation and mediation prior to initiating any litigation or arbitration.
  • Arbitration: Any unresolved disputes shall be settled by binding arbitration in the jurisdiction of the Company’s principal place of business.

These Terms, along with any executed Service Agreements, constitute the entire understanding between the parties. No verbal modifications shall be valid. If any part of these Terms is found unenforceable, the remainder shall remain in full force and effect.

BY PROCEEDING WITH AN ENGAGEMENT OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.