AUSTIN HVAC TERMS AND CONDITIONS

Welcome to Austin HVAC! This Agreement ("Agreement") outlines the terms of your association with Austin HVAC, LLC. Throughout this Agreement, references to you, the member Service Professional, encompass your affiliates, agents, employees, representatives, and subcontractors. Austin HVAC, LLC and its representatives are referred to as "we" or "us" or "Austin HVAC." Other Service Professionals in the Austin HVAC network are referred to as "Service Professionals," "Pros," or "members." Unless stated otherwise, all terms and conditions outlined in this Agreement that pertain generally to Service Professionals also apply to you. Mentions of the Austin HVAC "Website" include any and all websites currently owned or operated by Austin HVAC. These Terms & Conditions were last revised in April 2024. Notable updates are highlighted in bold and underlined text.

IMPORTANT NOTICE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT IMPACTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE REVIEW CAREFULLY.

Our Agreement:

Regarding Lead Purchasing Members:

Austin HVAC receives service requests from various individuals, including homeowners, consumers, and property managers ("customers"), expressing interest in home improvement, repair, maintenance, and related services ("service requests"). These requests may come directly or indirectly through various channels such as the Austin HVAC Website, phone calls, or third-party websites. We may then forward you a lead, containing information about the requested service and the customer's contact details. The details we provide about you are based on the information from your Company Profile and Ratings & Reviews, subject to amendments by Austin HVAC. Leads may also be shared with other Service Professionals based on the service category.

 We don't guarantee a specific number of leads or the level of customer interest, payment ability, or accuracy of customer information. We're not involved in your contracts with customers, their creditworthiness, payments, or any disputes. Our contract isn't exclusive, and we're free to work with other Service Professionals.

 If your rating falls below two stars, you can't purchase leads until it's above two stars. You can improve your rating by acquiring positive reviews through the Ratings & Reviews platform.

Regarding Subscription Members:

By subscribing, you gain placement in Austin HVAC's directory and the ability to solicit Ratings & Reviews.

Your business listing may appear on the Austin HVAC Website's Contractors section based on your indicated services and locations. We don't guarantee the frequency or placement of your listing.

You agree:

Fees: By agreeing to this Agreement, you are accepting the pricing applicable at the time (all fees are in US dollars) for Leads provided to you or for any inclusion in our marketing service or other subscription offerings. You are responsible for paying Austin HVAC the relevant non-refundable fees, which may include: (i) an Enrollment/Screening Fee; (ii) Lead Fees, as outlined in the Lead Fee Schedule, for accepted customer Leads; (iii) Membership Fees; (iv) Administrative Fees; (v) Subscription Fees. Austin HVAC reserves the right to charge your credit card immediately upon receipt of your credit card information.

Lead Fees: You agree to pay Austin HVAC for each Lead received. Payment for Lead Fees will be processed by Austin HVAC initiating an ACH transfer or charging your credit card upon lead acceptance. You can track your monthly lead activity on your Austin HVAC account. Austin HVAC may issue a credit ("Credit") for disputed Lead Fees, subject to our Lead credit policies, provided that disputes are raised within 30 days of the charge date. All Lead Fees are considered advertising fees and not referral commissions.

You are responsible for keeping your communication preferences and billing information accurate in your Austin HVAC profile. Austin HVAC is not liable for undelivered notifications. Promptly inform Austin HVAC of any changes to your payment method or security breaches. You authorize Austin HVAC to obtain updated card information from your issuer.

You will receive a detailed account statement only if you provide a valid email address or fax number. Austin HVAC will process your balance due at the time of lead acceptance via your chosen payment method.

Disputes regarding account charges must be submitted in writing within 30 days of incurring the charges. Failure to dispute within this period waives all rights to challenge the charges, which will be deemed final. Past due accounts may be referred to a collection agency, and you agree to pay all associated fees.

No fees are due if they violate any applicable law. You authorize Austin HVAC to charge sales or similar taxes on your behalf.

Indemnification; Limitation of Liability; Disclaimer of Warranties.

Indemnification. You agree to indemnify and defend Austin HVAC, its agents, officers, directors, shareholders, suppliers, partners, and employees from any and all claims, damages, liabilities, costs, and expenses arising from your work, advertising, or services, regardless of fault, including any extra work not provided by Austin HVAC.

Limitation of Liability. Austin HVAC's liability to you is limited to the fees paid by you in the preceding 12 months, regardless of the basis of the claim.

Disclaimer of Warranties. Austin HVAC disclaims all express or implied warranties to the maximum extent permitted by law, including but not limited to merchantability and fitness for a particular purpose.

AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW.

All disputes between you and Austin HVAC shall be resolved through BINDING ARBITRATION administered by the American Arbitration Association, except as provided by applicable federal or state law. You may not commence or participate in any class action or representative proceeding against Austin HVAC.

NOTICE OF RIGHTS

By utilizing the Website and/or services provided by Austin HVAC, you are bound by the arbitration agreement outlined above. By agreeing to this, YOU FORFEIT YOUR RIGHT TO LITIGATE claims between yourself and Austin HVAC in court. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR OTHER CLASS PROCEEDINGS. Instead, your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator, who has the authority to grant the same remedies as a court. However, it's important to note that arbitration proceedings are typically simpler and more streamlined than traditional trials. Arbitrator decisions can be enforced in court and overturned only for very limited reasons.

Any action to enforce this arbitration agreement, including proceedings to confirm, modify, or vacate an arbitration award, may be initiated in any court with jurisdiction. If this arbitration agreement is deemed unenforceable for any reason, litigation against Austin HVAC may proceed only in federal or state courts in Dallas County, Texas. By accepting these terms, you consent to the jurisdiction of such courts.

These Terms and Conditions, along with any disputes between you and Austin HVAC, are governed by Texas state law, with the arbitration agreement falling under the Federal Arbitration Act.

Other Terms:

This Agreement, including Austin HVAC's lead fees and Lead prices, may be modified periodically. Your continued use of Austin HVAC services implies acceptance of such non-material changes. Material changes to this Agreement or lead fees will be communicated to contractors via email, text, or other written means, or posted on the Austin HVAC website. Continuing to use Austin HVAC services after receiving notice of changes implies agreement to said changes.

You have the option to terminate this Agreement during normal business hours, effective upon close of business on the day the termination notice is properly delivered. However, you remain obligated to pay for any leads accepted prior to termination.

Austin HVAC reserves the right to suspend or terminate your rights under this Agreement and your involvement in their network at any time, for any reason or no reason at all.

Upon termination or expiration of this Agreement, your obligations persist, including any leads received during the Agreement term. Additionally, you lose access to your Austin HVAC account upon termination.

If Austin HVAC suspects misuse of their services or system, or any inappropriate, illegal, or harmful activities, they reserve the right to terminate this Agreement and take legal action.

Termination of this Agreement does not entitle you to a refund of any fees paid.

You are responsible for attorneys' fees and costs if legal action is necessary to enforce this Agreement. Texas state laws govern this Agreement, and you consent to exclusive jurisdiction in Dallas County, Texas.

You acknowledge being an independent contractor of Austin HVAC and agree that Austin HVAC does not control your services or work.

 If any provision of this Agreement is found invalid, illegal, or in conflict with applicable law, the remainder of the Agreement remains intact.

 Wireless data usage is subject to your wireless subscriber agreement, and you may incur charges from your service provider for communications.

Austin HVAC uses your information in accordance with its Privacy Policy.

You agree not to collect Austin HVAC content via automated means.

Gig Economy Program.

Fees and Payments: Austin HVAC determines lead prices.

Your Obligations:

 Representations and Warranties: You affirm having the authority to enter this Agreement and provide services, possess necessary licenses and permits, and comply with tax regulations.

Term: Austin HVAC may terminate the Gig Economy Program at its discretion. 

Confidentiality: Contractor shall not disclose any confidential information belonging to Austin HVAC, including but not limited to trade secrets, proprietary information, and customer lists, to any third party during or after the term of this Agreement. 

Miscellaneous: Austin HVAC isn't liable for payment for accepted jobs; consumer liability applies.

This agreement ("Agreement") is entered into between [Contractor Name], located at [Contractor Address], ("Contractor"), and Austin HVAC.

 Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether written or oral.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.