Terms of Service

OVERVIEW
This Website is operate by 24-7heatandcool.com.  Throughout the site, the terms "Contractor", "We", "Us" and "Our" refer to 24/7 Heat & Cool which offers this website, including all information, tools and services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following Terms & Conditions ("Terms of Service", "Terms"), including those additional Terms and Conditions and Policies referenced herein and/or available by hyperlink.  These Terms of Service apply to all Users of the site, including without limitation users who are Browsers, Vendors, Customers, Merchants, and/or Contributors of content.
Please read these Terms of Service carefully before accessing or using our website and/or services.  By accessing or using any part of the site, you agree to be bound by these Terms of Service.  If you do not agree to all of the Terms and Conditions of this agreement, then you may not access the website or use any of our services.  If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website.  It is your responsibility to check this page periodically for changes.  Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.  

1. SCOPE OF TERMS & CONDITIONS
The Terms and Conditions of product sales and service projects are limited to those contained herein. Any additional or different terms or conditions in any form delivered by you (“Customer”, "Purchaser", "Buyer") are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products or by engaging 24/7 HEAT & COOL (“Seller”) to provide product(s) or perform or produce any services, Customer agrees to be bound by and accepts these Terms and Conditions unless Customer and Seller have signed a separate agreement, in which case the separate agreement will govern. These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either “Terms and Conditions” or this “Agreement.” Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or engaging Seller to perform or procure any services. These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on Seller’s Site at the time Customer signs the Installation Proposal will govern, unless otherwise agreed in writing by Seller and Customer.

2. PAYMENT TERMS
Customer shall pay Seller according to the terms contained in the Installation Proposal or on the Repair Ticket. Final payment shall be due IMMEDIATELY UPON COMPLETION OF the work described in the Installation Proposal or on the Repair Ticket.  Completion is defined as the time when equipment is installed and operating. Defects, if any, are to be corrected under Manufacturer’s or Contractor’s warranty and shall not be an acceptable reason for delay in payment. 
The customer will compensate 24/7 HEAT & COOL for the services rendered, supplies, and materials needed, in accordance with the terms, conditions, and payment schedule outlined on the service order/invoice. Customer will make complete payment to 24/7 HEAT & COOL on completion of services rendered, immediately after receipt of accurate service order/invoice from 24/7 HEAT & COOL with the indicated prices of services performed. Such service order/invoice from 24/7 HEAT & COOL will itemize any reimbursable expenses. Any late payments past 3 days will accrue interest at the rate of 1.5% daily, or the maximum rate allowed by applicable law.
The customer agrees to pay and be responsible for any additional gross amount of any present or future sales, use, excise, value-added, or other similar tax, however designated applicable to the price sale or delivery of any products, services or the work furnished hereunder or for their use by 24/7 HEAT & COOL on behalf of the customer whether such tax shall be local, state, or federal in nature. This will include but not be limited to the recovery, recycling, reclamation, handling and disposal of all refrigerants, and the additional costs incurred for refrigerant tax and/or increased costs due to limited availability.
After Hours & Emergency Work: When a customer makes an emergency service request, 24/7 HEAT & COOL reserves the right to charge the customer the emergency service labor rate and fees. In addition, at the discretion of 24/7 HEAT & COOL, a new Service Order Invoice may be obtained by 24/7 HEAT & COOL before the work is performed.

3. CHANGE ORDERS
During the progress of the work under this Agreement, if Customer should order extra work not specified in the Agreement, Seller may require such extra work to be considered an agreement separate and aside from this Agreement and may require payment for said extra work in advance.

4. WORK SCHEDULE
Work shall be completed within a reasonable time. Performance of this Agreement is subject to labor strikes, fires, acts of war or terrorism, acts of God, adverse weather conditions not reasonably anticipated, unusual delays in transportation, Seller’s ability to obtain materials, and/or any cause beyond Seller’s control.
After Hours & Emergency Work: When a customer makes an emergency service request after 5pm Monday-Fridays, after 12noon on Saturdays, all day on Sunday and on any official Holiday,  24/7 HEAT & COOL reserves the right to charge the customer the emergency service labor rate and overtime fees. In addition, at the discretion of 24/7 HEAT & COOL, a new Service Order Invoice may be obtained by 24/7 HEAT & COOL before the work is performed.

5. SUBSTITUTIONS 
Should Seller be unable to obtain any material(s) specified in the Agreement or any Change Order, Seller shall have the right at its sole discretion to substitute comparable materials and such substitution shall not affect the Contract Price.

6. EXCESS MATERIALS
Extra materials left over upon completion shall be deemed Seller’s property, and Seller may enter upon the Property’s premises to remove excess material(s) at all reasonable hours.  

7. SUPERVISION RESPONSIBILITY
Seller shall supervise and direct the work at Customer’s Property, using reasonable skill and attention. Seller shall be solely responsible for the construction means, methods, technique, sequences, and procedures for all work performed at Customer’s Property pursuant to this Agreement. Customer shall not interfere with Seller’s work forces or Seller’s subcontractors.

8. ZONING AND PERMITS
Customer agrees to timely furnish all information necessary to secure plans and permits for the work called for under this agreement, and customer warrants the work contracted for to be in compliance with applicable zoning, classification and building codes.  Any costs for work not in the estimate but required by lawful authorities to bring the work into compliance with applicable code shall be the responsibility of the customer.  Seller assumes no responsibility for violation of zoning rules/laws.

9. LIMITED WARRANTY - Parts & Labor
Seller shall provide Customer with a limited warranty on service and labor for the duration set forth in the Installation Agreement, beginning on the date of completion of services against defects in the quality of workmanship and/or materials (“Warranty Period”). Seller shall not be liable during or following the Warranty Period for any: (a) damage due to ordinary wear and tear or abusive use; (b) damage due to use of the equipment beyond the design temperatures (cooling set below 60°F, for instance); (c) defects that are the result of characteristics common to the materials used; (d) loss, injury or damages caused in any way by the weather elements; (e) conditions resulting from condensation on, or expansion or contraction or, any materials; (f) any water leak, blockage, freezing, or other malfunction of condensate or drain lines; and/or (g) air leaks arising from structural deficiencies within existing supply/return ducts or transitions. 
Warranty work shall be performed during normal business hours. Warranty work performed outside normal business hours will be billed separately. PURCHASER will be charged for house calls ultimately determined not to be related to warranty regardless of whether or not any work is performed. It will be PURCHASER’s responsibility to promptly notify CONTRACTOR of nonconformity or defect as stated in manufacturer’s warranty. CONTRACTOR will inspect all complaints of nonconformity or defect and determine at its sole and absolute discretion the appropriate course of action. CONTRACTOR does not make any other warranties, whether express or implied, except for the warranty that is provided with the Products.  CONTRACTOR shall not be liable for any failure or delay in performance if such failure or delay is due, in whole or in part, to any cause beyond its control. CONTRACTOR is not responsible for consequential damages whether or not occasioned by CONTRACTOR’S negligence. 
Annual maintenance and periodic inspections are recommended for every system. Failure to follow manufacturer’s or CONTRACTOR’s instructions will void warranties. Other companies or individuals, including PURCHASER, performing service on equipment shall void the warranty. Extended warranties are through the manufacturer of the equipment and must be administered in accordance with the manufacturer’s policies and procedures. Satisfaction guarantee is through the manufacturer of the equipment or contractor dealer organization and are administered by the manufacturer or contractor dealer organization in accordance with their policies and procedures.
If Customer opts for a Warranty Period exceeding THREE (3) years, Customer agrees to maintain yearly service agreements with Seller for the entire duration of the Warranty Period; Seller shall not be liable for warranty repairs during the Warranty Period in the absence of such yearly service agreement(s). Customer is responsbile for paying equipment manufactuer for any transfer of equipment warranty. Seller is not responsbile for any warranties provided by the manufacturer. Seller makes no warranty to Buyer regarding materials and/or equipment installed (other than a warranty of title), and Seller authorizes no third person or party to assume any warranty obligation or liability on Seller’s behalf. The only warranties applicable to the materials and/or equipment installed are those, if any, extended by the respective manufacturer that shall furnish to Buyer any and all applicable warranty documents. Seller hereby assigns to Buyer, without recourse, any applicable warranties extended to Seller. Such assignment shall constitute Seller’s sole obligation and Buyer’s sole exclusive remedy from Seller with regard to defective materials and/or equipment installed. 
This limited warranty is in lieu of all other warranties, statutory or otherwise, express or implied, all representations made by Seller, and all other obligations or liabilities respective of the Services provided at the Property. Seller disclaims all other warranties, express or implied, including without limitation any implied warranty of workmanlike construction, implied warranty of habitability, implied warranty of fitness for a particular purpose or use, and/or implied warranty of merchantability. Under no circumstances shall Seller be liable to Customer for loss of time, loss of use, inconvenience, or any other incidental or consequential damages that may arise from this Agreement. Unauthorized repairs or attempted repairs shall void this warranty entirely.

10. PERFORMANCE OR CONDITION OF EXISTING EQUIPMENT
Seller is not responsible for the performance, functionality, or compatibility of existing equipment, ductwork, duct board, controls, or other equipment/materials that is not replaced during a job installation and that Customer agrees to keep in place. In the event that the system fails to operate properly, the Warranty service will only cover the newly installed equipment, controls, or materials, as well as our workmanship. In the event that an existing piece of equipment prevents the proper start up or operation of the new equipment or system, Customer assumes all responsibility for any additional service charges that may be incurred.

11. EXISTING AC LINE SET
Seller is not responsible for any problems with heating or cooling due to the existing line set, which may require repair and replacement for an additional cost to the Customer in the event Seller is unable to pull a 500 micron vacuum on an existing line set. Should Customer reject Seller’s recommendation to replace an existing line set, Seller’s limited warranty is voided.

12. EXISTING GAS PIPE
Seller is not responsible for the condition of any existing gas pipe that is not readily accessible. Customer is responsible for any additional costs incurred if pressure testing is required to identify leaks and necessary repairs.

13. PAINT, PATCHWORK, AND REPAIRS 
Seller is not responsible for any painting, patchwork, or repair work that may be required following modification/installation work.

14. PERSONAL PROPERTY
Seller is not responsible for damage to Customer’s personal property left in or near the project area.

15. EXISTING ATTIC ACCESS STAIRS 
In the event Customer’s existing stairs cannot be safely utilized for the removal and installation of equipment, an alternate method or access may be required WHICH THE CUSTOMER WILL BE RESPONSIBLE FOR ADDITIONAL COSTS. Seller is not responsible for (a) the replacement or repair of attic steps or stairs that must be removed to complete removal or installation work; and/or (b) any property damage resulting from the removal of the attic steps or stairs.

16. MOLD
Seller shall not be responsible for any claims, damages, actions, costs, or other liabilities, whether direct or indirect, that may be caused by, resulting from, or relating to, mold. The discovery and/or removal or any mold or any hazardous materials is excluded from the scope of Seller’s work, and Seller reserves the right to stop work until such mold or hazardous materials are removed.

17. INSURANCE AND WAIVER OF SUBROGATION 
Customer shall maintain property insurance upon the entire structure including all work to be performed pursuant to this Agreement to the full insurable value thereof. This insurance shall inure against the perils of fire, theft, extended coverage, vandalism, and malicious mischief. Customer and Seller waive all rights against each other for damages caused by insured perils whether or not such damage is caused by the fault or negligence of any party hereto

18. RISK OF LOSS
Risk of loss shall pass to the Customer upon delivery of materials and equipment to Customer’s Property. Seller shall not be responsible for any loss due to fire, theft, vandalism, and/or malicious mischief once delivered to Customer’s Property. Customer shall assume all responsibility for any such loss and Customer shall maintain insurance coverage to protect against such loss.

19. PERFORMANCE
If Customer fails to perform any of Customer’s obligations herein or if Seller, in good faith, believes that the prospect of payment or performance to be impaired, Seller may upon seven (7) days written notice to Customer terminate this Agreement while retaining all mechanic’s lien rights as well as right to payment for the full amount of work performed plus reasonable overhead and profit, interest, attorneys’ fees, and other charges due and unpaid.

20. COLLECTIONS 
PAYMENT FOR ALL REPAIRS AND INSTALLATIONS ARE DUE UPON COMPLETION OF WORK (SAME DAY).  If amounts owing under this Agreement are not paid within THREE (3) days, Customer agrees to pay a late charge on any outstanding balance at two per cent (2%) per month or twenty-four per cent (24%) per annum on the unpaid amount calculated from the date payment was due. 
Customer will be deemed to have accepted Seller’s performance as complete under this Agreement unless Customer notified Seller in writing otherwise within THREE (3) days of substantial completion. Should Seller retain the assistance of a third party, including without limitation an attorney, to assist with collection of unpaid amounts due and owing, Customer agrees to pay Seller’s costs associated therewith including without limitation reasonable attorneys’ fees, court costs, and interest at the maximum legal rate.

21. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between Customer and Seller. No agreements, representations, or warranties other than those specifically set forth herein shall be binding on any of the parties unless set forth in writing and signed by both parties. 

22. USER REPRESENTATIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your State or Province of Residence, or that you are at least the age of majority in your State or Province of Residence AND you have given your consent to allow any of your minor dependants to use this site.
You many not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to Copyright laws).
You must not transmit any worms or viruses or any code of destructive nature.  A breach or violation of any of the Terms till result in an immediate termination of your services.

23. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

24. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

25. MODIFICATIONS TO SERVICES AND PRICES
Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

26. PRODUCTS OR SERVICES (if applicable)
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

27. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

28.  PERSONAL INFORMATION
Your submission of personal information through OUR WEBSITE OR DIRECTLY TO OUR OFFICE is governed by our Privacy Policy. To view our Privacy Policy CLICK HERE.

29. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

30. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

31. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.  We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 24/7 HEAT & COOL, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

32. INDEMNIFICATION
Customer shall indemnify, defend, and hold harmless Seller and its respective directors, officers, employees, agents, sureties, subcontractors, and suppliers from and against any and all losses, costs, expenses, damages, injuries, claims, demands, obligations, liabilities, judgments, fines, penalties, interest and causes of action, including without limitation administrative and legal costs and reasonable attorney's fees, involving the following: (a) injury or death to any person, or damage to or destruction of any property (including loss of use thereof), except to the extent caused by the sole negligence or intentional misconduct of Seller; and (b) any failure of the Customer to comply with the requirements of the Agreement.

33. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

34. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payment or the granting of credits by any means other than electronic means.

35. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

36. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

37. MISCELLANEOUS
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.  Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.  These Terms of Service operate to the fullest extent permissible by law.  We may assign any or all of our rights and obligations to others at any time.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any any cause beyond our reasonable control.  
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect that validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site.  You agree that these Terms of Service will not be construed against us by virtue of having drafted them.  You hereby waive any and all defenses you have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute the Terms of Service.

38. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@24-7heatandcool.com