Effective Date: 23 Sept 2025
Welcome to Resilient Service Solutions LLC (“we”, “us”, “our”, “Resilient”). These Terms & Conditions (“Terms”) govern your access to and use of our website (resilientfm.com), the services we provide, and any contracts we enter into with you. By accessing or using our website, requesting services, or purchasing products from us, you agree to be bound by these Terms.
1. Definitions
1.1. Client / Customer / You / Your: The individual or entity who purchases services or products from Resilient, or otherwise engages us.
1.2. Services: All maintenance, repair, installation, inspection, cleaning, or other facility services offered by Resilient (e.g., HVAC/Refrigeration, Power Washing, Welding, Plumbing, Electrical & Lighting, etc.).
1.3. Products: Any equipment, replacement parts, supplies, merchandise, etc., sold by us.
1.4. Website: resilientfm.com and associated subpages.
1.5. Agreement / Contract: The agreement between Resilient and the Client regarding provision of Services and/or Products.
2. Use of Website
2.1. You must be at least 18 years old (or legal age in your jurisdiction) to use or purchase from the Website.
2.2. You agree to use the Website only for lawful purposes, in compliance with all applicable laws and regulations.
2.3. We may suspend or terminate access to the Website for any user who violates these Terms.
3. Services & Products
3.1. Service Provision
3.1.1. We will provide Services as per the scope, specifications, schedule, and price agreed in writing (e.g., via quote, estimate, service order).
3.1.2. We will make reasonable efforts to meet any dates quoted for the delivery of Services or Products, but dates are estimates, and delays can happen. We are not liable for delays beyond our control.
3.2. Products
3.2.1. Products sold may be new and meet quality standards acceptable in our industry.
3.2.2. We retain title to any Products until paid in full by you.
3.3. Quotes, Estimates & Payment
3.3.1. All quotes and estimates are valid for a certain period (to be specified in the quote), after which we may revise the price.
3.3.2. Payment terms will be set out in the invoice or written agreement. Unless agreed otherwise, payment is due within 30 days of invoice (or as specified).
3.3.3. Late payments may incur interest or fees.
3.4. Changes & Cancellations
3.4.1. If you request changes to the scope of Services or Products after work has commenced, we will revise the quote accordingly and obtain your approval.
3.4.2. Cancellations by you must be made in writing. Depending on timing, you may incur cancellation fees or liability for costs we have already committed.
Client’s Obligations
3.4.3. Provide access to the premises and facilities necessary for our technicians to perform the Services.
3.4.4. Ensure that the area is safe, compliant with relevant regulations, and free of hazards.
3.4.5. Provide all information we reasonably request to perform the Services properly.
4. Warranty & Liability
4.1. We warrant that Services will be performed in a competent, workmanlike manner, consistent with industry standards.
4.2. Products are subject to any manufacturer warranties; we will pass those on to you when applicable.
4.3. Limitation of Liability: To the extent permitted by law, Resilient’s total liability in connection with any claim arising out of or in relation to Services or Products will not exceed the total amount paid or payable by you to us under the relevant agreement. We are not liable for any indirect, special, incidental, or consequential damages.
4.4. Disclaimer: Except as expressly stated here, we do not make other warranties, express or implied (including merchantability, fitness for a particular purpose).
5. Intellectual Property
All content on the Website (text, images, logos, designs, etc.) is owned by or licensed to Resilient. You may not copy, reproduce or use them without prior permission, except for personal, non-commercial use.
6. Privacy
Our collection and use of personal data are governed by our Privacy Policy (link on the Website). By using the Website or hiring our Services, you consent to the practices described in the Privacy Policy.
7. Indemnification
You agree to indemnify, defend, and hold harmless Resilient, its affiliates, officers, employees and agents from all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
7.1. your use of the Website;
7.2. your breach of these Terms;
7.3. your negligence or willful misconduct; or
7.4. any claim by a third party arising from your actions.
8. Termination
8.1. Either party may terminate an agreement for Services/Products upon written notice if the other party materially breaches the agreement and fails to cure such breach within a reasonable time.
8.2. Resilient may suspend or stop providing Services or Products if you fail to pay amounts due under these Terms.
9. Governing Law & Dispute Resolution
9.1. Governing Law. These Terms and any disputes, claims, or controversies arising out of or relating to these Terms, the Website, Services, or Products shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.
9.2. Arbitration.
9.2.1. Any dispute, controversy, or claim arising out of or relating to these Terms, including the validity, interpretation, breach, or termination thereof, shall be finally resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect.
9.2.2. The arbitration shall be conducted in California, USA before a single arbitrator appointed in accordance with the AAA rules.
9.2.3. The language of the arbitration shall be English.
9.2.4. The arbitrator’s decision shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
9.3. Class Action Waiver. To the fullest extent permitted by law, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person.
10. Amendments
We may revise these Terms at any time by posting the updated version on our Website. Continued use of the Website or Services after changes constitutes acceptance of the revised Terms.
11. Routine Inspection, Servicing, and Maintenance
11.1. Scope of Routine Inspections.
11.1.1. Routine inspections shall consist of scheduled visits by Resilient personnel to examine equipment, systems, and facilities covered under the Client’s service plan.
11.1.2. Inspections are intended to identify visible defects, wear and tear, or safety concerns, but do not constitute a full technical audit unless specifically agreed in writing.
11.2. Servicing and Preventive Maintenance.
11.2.1. Servicing and preventive maintenance will be carried out in accordance with industry standards, manufacturer recommendations, and applicable safety codes.
11.2.2. Preventive maintenance may include cleaning, lubrication, adjustments, minor part replacements, and calibration where necessary to maintain operational efficiency.
11.2.3. Consumables and spare parts used in routine servicing will be invoiced separately unless expressly included in the maintenance contract.
11.3. Maintenance Schedule.
11.3.1. The frequency of inspections and servicing will be set out in the Client’s contract or service level agreement (e.g., monthly, quarterly, annually).
11.3.2. While we aim to adhere to the agreed schedule, timing may be adjusted due to weather conditions, site access issues, emergencies, or other reasonable factors.
12. Exclusions
Routine inspections and servicing do not include:
12.1. Major repairs, system overhauls, or replacement of large components;
12.2. Emergency breakdown response;
12.3. Services requested outside the agreed maintenance schedule.
12.4. Such services will be quoted and charged separately.
13. Client Obligations
The Client must provide safe and timely access to all relevant equipment and areas. Any hazards, restrictions, or regulatory conditions must be disclosed prior to inspection or servicing.
14. Reporting
14.1. Following each inspection or servicing, Resilient will provide the Client with a service report outlining work performed, issues identified, and any recommended corrective actions.
15. Callouts, Repairs, and Non-Routine Visits
15.1. Callout Services.
15.1.1. A “Callout” is any service visit requested by the Client outside of scheduled routine inspections or planned maintenance.
15.1.2. Callouts may be subject to a minimum callout charge covering travel, labor, and administrative costs, regardless of whether any repair work is performed.
15.2. Repairs.
15.2.1. Any repair work identified during a Callout or routine visit will be quoted separately, unless covered under an existing maintenance plan.
15.2.2. Repairs will not be carried out without the Client’s prior written or verbal approval (unless required for safety or to prevent immediate damage).
15.3. Emergency Visits.
15.3.1. Emergency services requested outside of normal business hours (nights, weekends, public holidays) may incur premium rates.
15.3.2. Response times for emergency visits are subject to availability but we will use commercially reasonable efforts to respond promptly.
15.4. Non-Routine Visits.
Any visit requested by the Client other than for routine inspections (including additional site surveys, special project work, or follow-up visits) will be charged at standard or agreed rates, unless expressly included in a maintenance contract.
15.5. Client Responsibility.
15.5.1. The Client must ensure safe access to the premises for any callout, repair, or emergency visit.
15.5.2. If access is denied or unsafe, Resilient may charge a failed visit fee.
16. Exclusions
This Agreement does not cover, and the Client shall be responsible for the cost of labour, parts, equipment, or attendance fees required due to:
16.1. Accidental, malicious, or unauthorized damage, interference, or tampering;
16.2. Damage caused by rodents, insects, or other animal activity;
16.3. Fire, flood, theft, lightning, storms, adverse weather, or any other insurable loss or act of God;
16.4. Failure of or interference from third-party utilities or services (including electricity, telephone, internet, LAN, WAN, or Building Management Systems);
16.5. Structural, layout, or environmental changes to the premises affecting system performance;
16.6. Replacement of consumable items (including but not limited to batteries, lamps, tubes, filters, access cards, media, or recording heads);
16.7. Hire, insurance, or refurbishment costs for temporary loan equipment.
17. Miscellaneous
17.1. These Terms constitute the entire agreement between you and Resilient regarding use of the Website and Services.
17.2. If any provision is found unenforceable, the remaining Terms remain in effect.
17.3. Our failure to enforce any right shall not be deemed a waiver.
Contact Us
Resilient Service Solutions LLC
40335 Winchester Rd, Suite E180
Temecula, CA 92591
Phone: +1-888-855-1542
Email: hello@resilientfm.com
