Terms and Conditions: Website Use

Welcome to ThermoPro Heating & Air Conditioning LLC!

For Service/Installation Terms and Conditions.

These terms and conditions outline the rules and regulations for the use of ThermoPro Heating & Air Conditioning's Website, located at https://thermoproohio.com.

By accessing this website, we assume you accept these terms and conditions. Do not continue to use ThermoPro Heating & Air Conditioning LLC if you do not agree to take all of the terms and conditions stated on this page.

Cookies:

The website uses cookies to help personalize your online experience. By accessing ThermoPro Heating & Air Conditioning LLC, you agreed to use the required cookies.

A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.

We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.

License:

Unless otherwise stated, ThermoPro Heating & Air Conditioning and/or its licensors own the intellectual property rights for all material on ThermoPro Heating & Air Conditioning LLC. All intellectual property rights are reserved. You may access this from ThermoPro Heating & Air Conditioning LLC for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Copy or republish material from ThermoPro Heating & Air Conditioning LLC

  • Sell, rent, or sub-license material from ThermoPro Heating & Air Conditioning LLC

  • Reproduce, duplicate or copy material from ThermoPro Heating & Air Conditioning LLC

  • Redistribute content from ThermoPro Heating & Air Conditioning LLC

This Agreement shall begin on the date hereof.

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. ThermoPro Heating & Air Conditioning does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of ThermoPro Heating & Air Conditioning, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, ThermoPro Heating & Air Conditioning shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

ThermoPro Heating & Air Conditioning reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;

  • The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.

  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant ThermoPro Heating & Air Conditioning a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

  • Commonly-known consumer and/or business information sources;

  • Dot.com community sites;

  • Associations or other groups representing charities;

  • Online directory distributors;

  • Internet portals;

  • Accounting, law, and consulting firms; and

  • Educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of ThermoPro Heating & Air Conditioning; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to ThermoPro Heating & Air Conditioning. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of ThermoPro Heating & Air Conditioning's logo or other artwork will be allowed for linking absent a trademark license agreement.

Content Liability:

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights:

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • Limit or exclude our or your liability for death or personal injury;

  • Limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • Limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

TERMS & CONDITIONS EXTENDED (FOUND ON LINK FROM YOUR RECEIPT SENT VIA EMAIL)

Terms 1; Service Terms and Conditions

Terms 2; Sales/Installation Terms and Conditions

-----------------SERVICE------------------

ThermoPro HVAC Service Repair Terms and Conditions

These Terms and Conditions govern all service repair calls provided by ThermoPro. By scheduling service, you agree to these terms. 'Payment Process' includes agreement to the proposal and payment thereof.

Section 1; Service Call Requests

- All service calls must be scheduled via our customer service office, management, or online portal.

- Appointments are subject to availability. Pro Members receive priority scheduling.

Section 2; Service Charges

- Flat-Rate Pricing: The price we quote is the price you pay. If additional issues arise, we will notify you immediately. No additional work will be performed without your approval.

- Diagnostic Charge: A standard diagnostic charge is due at time of service.

- After-Hours Charges: Extra charges apply for services outside regular business hours.

Section 3; Payment Terms

- Payment is due at the time of service unless otherwise arranged.

- Accepted Payments: Cash, credit/debit cards (fees may apply), Venmo.

- Large Repairs (over $1,000) may require a 50% deposit.

- Late Payment: Late fees apply. We may pursue various legal options, including collections and recovery of administrative/legal fees.

Section 4; Cancellations & Rescheduling

- 24-hour notice is required for large jobs.

- $75 fee for cancellations before arrival.

- If canceled after arrival, a 15% fee of the estimated repair cost or $109 minimum (whichever is greater) will be charged.

Section 5; Customer Responsibilities

- An adult (18+) must be present unless otherwise arranged.

- If customer is not home, pets must be secured.

- Customer is responsible for timely access or delays may result in fees.

Section 6; Quality Assurance & Liability

- Quality Parts Promise: Most parts carry a 1-year guarantee.

- Pro Members receive 2-year coverage on parts.

- Workmanship Guarantee: Labor is covered under your estimate’s terms.

- Not covered: Misuse, tampering, accidents, etc.

- ThermoPro is not liable for incidental or indirect damage due to repairs.

Section 7; Service Limitations

- Specialty services may carry additional fees.

- Diagnostic time is up to 45 minutes. Anything longer may incur extra charges with your approval.

- ThermoPro may decline service due to unsafe conditions, non-payment, or illegal activity.

Section 8; Privacy Policy

- We only collect necessary information for service and communication.

- Your data is never sold or shared without consent.

- Systems run on Housecall Pro with Amazon Web Services and AES-256 encryption.

- Card decryption is securely separated.

- Requests for data changes must be submitted in writing (30-day processing).

Section 9; Governing Law

- Governed by the laws of Ohio and U.S. federal law.

- If any part of this agreement is invalid or unenforceable, it will be replaced with the closest lawful alternative to maintain the agreement’s intent.

Section 10; Modifications

- ThermoPro may change these terms at any time without notice. Customers are responsible for reviewing updates before approving service.

Section 11; Ownership & Non-Payment

- ThermoPro retains ownership of parts/materials until full payment is received.

- Failure to pay may result in late fees, administrative/legal cost recovery, transfer to collections, and various legal actions in accordance with Ohio law.

Section 12; Acknowledgment

- By scheduling or paying for service, you accept these Terms and Conditions.

---------------------SALES/INSTALLATION---------------------

2.0 Sales/Installation Terms and Conditions:

All Installation/Sales Customers understand and agree to review both the service terms and conditions and the sales/installation terms and conditions, as they are bound by all provisions in both sets of terms. By signing and agreeing to any sales and service agreement, customers also consent to the terms outlined in the privacy policies, governing law, data security policies, and other conditions referenced within the service terms and conditions. These conditions may or may not be reiterated in the installation/sales policies, but by signing, customers acknowledge and accept them.

2.1 Scope of Work:

ThermoPro Heating and Air Conditioning (hereinafter referred to as "ThermoPro") agrees to provide heating and air conditioning installation services to the customer (hereinafter referred to as "Customer") as outlined in the attached estimate or proposal.

2.2 Estimate Validity:

The estimate provided by ThermoPro is valid for a period of 30 days from the date of issuance. Prices are subject to change after this period.

2.3 Payment Terms:

2.3.1 The customer agrees to adhere to the payment terms outlined in the estimate or proposal provided by ThermoPro. A down payment of 50% is required upon acceptance of the proposal. Equipment and materials will not be ordered, nor will installation be scheduled until the down payment is received, except for customers utilizing financing options. For customers opting for financing, a signed finance agreement through our finance partners is mandatory in lieu of the down payment.

2.3.2 Payment in full is expected upon completion of the installation and must be made on-site, unless otherwise agreed upon in writing and at the discretion of ThermoPro. Failure to remit payment within the agreed-upon terms will result in a 5% late charge, compounded from the time of the first missed payment, up to 90 days, and 3% thereafter Failure of payment in this section is subject to Section 1.11.1 of the Service agreement (Found above).

2.4 Change Orders:

Any changes to the scope of work requested by the Customer after the agreement has been signed may result in additional costs. Customer acknowledges that they are responsible for any additional costs incurred due to such changes.

2.5 Cancellation Policy:

In the event that the Customer wishes to cancel the agreement after signing, a cancellation fee may apply. The nonrefundable deposit will be up to 20% of the approved amount of the job covering loss of labor wages, equipment costs, material costs, administrative costs and other business losses. This covers the loss of production and is not a punitive fee for cancellation, and to the best of our knowledge adheres to all applicable state laws.

2.6 Warranty:

A. ThermoPro provides a warranty on parts and labor for a period of 1 year from the date of installation, unless otherwise noted in the agreement. This warranty does not cover damages resulting from misuse, neglect, or unauthorized repairs. In the event of misuse, neglect, or unauthorized repairs from another company or any additional party including homeowner or any individual not employed by ThermoPro will, under discretion of ThermoPro, retroactively cancel all coverage of the Warranty.

B. Scope of Workmanship Warranty:

Our warranty specifically covers the installation process carried out by our technicians. If any issues arise due to faulty installation practices, we will rectify them at no additional cost to you.

C. Exclusions from Workmanship Warranty:

This warranty does not cover failures of system components or parts unrelated to the installation conducted by ThermoPro. Labor costs for repairs or replacements of such components may be chargeable.

D. Discretion of Coverage:

Coverage under this warranty is at the sole discretion of ThermoPro. We will assess each claim to determine if it falls within the warranty's scope.

E. Refrigerant Policy:

Neither the workmanship warranty nor the labor warranty covers refrigerant. Any costs associated with refrigerant replacement or recharge are the customer's responsibility.

F. How to Claim Warranty Service:

To initiate a warranty claim, please contact our office. Proof of installation date and warranty terms may be required to process your claim.

G. Limitations and Liability:

This warranty is valid only for the original purchaser of the HVAC system installation and is non-transferable. Our liability under this warranty is limited to the repair of defective workmanship determined by ThermoPro.

H. Modifications to Warranty Terms:

ThermoPro reserves the right to modify the terms of this warranty at any time without prior notification to the customer. Changes will be effective immediately upon posting the updated terms on our website or providing them in another accessible manner including housecall pro database (accessible by provided emails and online)

I. Excessive Use of Warranty:

ThermoPro strives to deliver excellent customer service and may occasionally offer services beyond the scope of the agreed-upon work or coverage of our workmanship warranty as a gesture of goodwill (refer to the Complimentary Service section). Please note that these complimentary services do not establish a precedent for future warranty claims. Excessive or unreasonable use of ThermoPro's warranty may result in the cancellation of your warranty altogether.

2.7 Limitation of Liability:

ThermoPro shall not be liable for any damages, including but not limited to, incidental or consequential damages, arising out of or in connection with the installation, use, or performance of the heating and air conditioning system. ThermoPro shall not be liable for any damages including not maintaining the system properly (Refer to Misuse).

2.8 Complimentary services or products:

On occasion ThermoPro may offer a complimentary maintenance service. This service is complimentary and not a paid or included part of the installation agreement. ThermoPro has a right to cancel or no longer offer any maintenance agreement that was complimentary at any time. On occasion, ThermoPro may offer another complimentary service or product. Any product or service included with an offer is not a part of the scope of work, was not paid for and is not required to be included with the offer.

2.9 Ownership of Materials:

All materials supplied by ThermoPro shall remain the property of ThermoPro until full payment has been received from the Customer. (See Section 11 in service terms)

2.10 Indemnification:

Customer agrees to indemnify and hold harmless ThermoPro from any claims, damages, or liabilities arising out of or in connection with the installation services provided under this agreement.

2.11 Governing Law:

This agreement shall be governed by and construed in accordance with the laws of the state of Ohio, without regard to its conflict of law provisions. (See Governing law in service terms) Any terms to be found not within accordance to the laws of the state of Ohio, shall be null and void.

12. Entire Agreement:

This agreement constitutes the entire understanding between ThermoPro and the Customer with respect to the subject matter hereof and supersedes all prior agreements, representations, and understandings, whether written or oral.

13. Service Terms Vs. Install Terms

In the event, The terms outlined within the installation terms conflicts with terms in the service section; Terms outlined in the Service agreement take precedent over installation terms.

UPDATED: 7/11/2024 10:29 AM (Install Section)

UPDATED: 4/30/2025 4:18 PM (Service Sect