THE AC THERAPIST LLC PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made effective as of the date on the above estimate, by and between the Client named in said Estimate, hereinafter referred to as "Client" and The AC Therapist LLC, a Florida corporation, hereinafter referred to as "Company."
WHEREIN, the Client desires to retain The AC Therapist to provide services. In consideration of the agreement made, and the payments to be made by the Client, the parties agree to the following:
1. Incorporation of Terms. These terms and conditions govern the agreement formed by your acceptance of the estimate given to you by The AC Therapist. These terms are incorporated by reference into the estimate and control over any inconsistent terms.
2. Scope of Services. “Company” agrees to provide services described in the Estimate attached hereto and by this reference, made a part hereof.
3. Payment for Services. In exchange for Services, “Client” will pay the “Company” the amount provided in the Estimate, incorporated herein by reference.
- Payment is due as per the invoice "Due Date". The company's default Due Date is "Upon completion of work".
- The company allows all of our clients to pay no later than three (3) calendar days after the work is completed and/or the invoice is sent without any extra fees added.
- A down payment of up to 50% will be required on every job over $2500 before the job starts.
- The Client will be assessed a 10% late payment fee from three (3) days of nonpayment up to a month, followed by an extra 3% late payment fee every month after that.
- If multiple payments are agreed upon, the Client must remit each payment no later than three (3) days after each due date. The client acknowledges that failure to remit payment when due may result in a Lien being placed on your property, or suit.
***NOTICE TO CLIENT***
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
4. Additional Services. Parties agree that any additional work requested by Client or determined by Company to be necessary to properly perform service under this agreement after the execution of this agreement constitutes additional services. Additional service must be agreed upon in writing by both parties, and payment will be due upon receiving a final invoice.
5. Permits. The contractor shall obtain all necessary permits relative to the Project. The fees are calculated by the city or county and will be added to the final invoice.
6. Loan Approval. This agreement is NOT contingent upon Loan approval. The company is NOT liable for issues that the Client incurs in seeking loan approval, nor can the Company be held liable by the Client for a subsequent loan denial, or other resulting damages. All parties understand that the Company is not affiliated with the loan company, has no input as to approval of the said loan, and cannot be held liable for the loan company’s actions. All questions and concerns regarding your loan application must be directed to the 3rd Party Lender or the Bank or institution that approved your loan.
7. Warranty. The Company offers, by default, an express labor warranty (“warranty”) of twelve (12) months (“Warranty Period”) following the date of installation or repair, unless a no guarantee clause/statement/sentence is stated on our estimates, invoices, or reports. This Warranty is subject to what is stated on the estimates or invoices, it might be more or less, it will depend on what it was sold to you, the client. These warranties are given at no extra cost to the clients, making them nonrefundable and nonnegotiable. Under this warranty, the Company warrants to the Client those materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by this Agreement and that the Work will be free from defects.
- This warranty does not cover issues or damage caused by events such as:
1) Clogged drain lines,
2) Bad Capacitors,
3) Dirty coils,
4) Lightning, hurricanes, floods, acts of God, or
5) Damage caused by someone other than The AC Therapist technicians working on the unit, or other sources of non-labor-related issues.
6) Gas leaks that were repaired by us and re-appeared after. We are always clear about how uncertain repairing a leak is, hence, we don’t guarantee its outcome.
7.1 Warranty cancellation. The company reserves its rights to void, cancel, or stop any warranties given to any client for any type of work for reasons equal or similar, but not limited to the following:
- Any work performed on the units by any other than the company's employees.
- Negligence by the client towards the care of the units. Ex: Failing to properly clean and maintain the units on a regular matter. Failing to replace air filters often causes dirt and dust to accumulate on the coils excessively.
- Defamation of any kind, threats of defamation, or threats of any legal actions of our company, employees, brand, and others that cause the company management to cut ties with the client indefinitely will be grounds to void all warranties.
- Any legal action of any kind towards our company, employees, brand, and others that results in the company cutting ties with the client indefinitely will be grounds to void all warranties.
- The company reserves the right to give notice of any cancelations of warranty to the clients. It must be assumed that if any of the above reasons or similar reasons are met, the cancelation will be immediate.
8. Cancellation. In the event Client cancels this agreement prior to completion of services, Client agrees to pay a cancellation fee of 10 % of the total cost of services agreed upon and the cost of all materials, supplies, and labor spent by the Company.
9. Limitation of Liability. In no event will the Company be liable for any lost profits, indirect, special, incidental, or consequential damages of any kind suffered by the Client in connection with the Company’s services pursuant to this Agreement.
10. Force Majeure. Company shall not be liable to Client or any third party for any costs or damages due to delay or nonperformance under this Agreement arising out of any cause or event beyond Company’s control, including, without limitation, cessation of services hereunder or any damages resulting therefrom to the other party because of a work stoppage, power or another mechanical failure, computer virus, natural disaster, governmental action, or communication disruption.
11. Assignment. Neither party may assign or transfer this Agreement without the prior written consent of the non-assigning party, for which approval shall not be unreasonably withheld.
12. Severability. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
13. Amendment. This Contract may be amended or modified only by the written agreement of all parties.
14. Jurisdiction and Venue. This Contract shall be construed in accordance with the laws of the State of Florida and the parties hereto agree that the venue shall be in Hillsborough County, Florida. Florida law will govern this agreement, without regard to conflict of law principles.
15. Indemnification. Client agrees to indemnify, defend, and hold Company harmless from all liabilities including, but not limited to, litigation costs and attorney fees that it may incur because of this Contract and from any and all claims and losses to anyone who may be injured or damaged by reason of Client’s willful misconduct or negligent performance of this Contract.
16. Notices. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph, or to such other address as one party may have furnished the other in writing.
17. Entire Agreement. This Agreement, along with the attached Estimate, contains the entire agreement of the parties, and there are no other promises or conditions in any additional agreement whether oral or written or oral agreements between the parties. No supplement, modification, waiver, or termination of this Agreement shall be binding unless in writing and executed by the parties to this Agreement.
18. You may CANCEL this transaction, without any penalty or Obligation, within THREE (3) BUSINESS DAYS from the approval of this estimate if no work has been performed. You cancel, any property traded in, any payments made by You under the contract or sale, and any negotiable instrument executed by You will be returned within TEN (10) BUSINESS DAYS following receipt by the seller of Your Cancellation Notice, and any security interest arising out of the transaction will be canceled. If You cancel, You must make available to the seller at Your residence, in substantially as good condition as when received, any goods delivered to You under this contract or sale, or You may, if You wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk. If You do make the goods available to the seller and the seller does not pick them up within TWENTY (20) CALENDAR DAYS of the date of Your Notice of Cancellation, You may retain or dispose of the goods without any further obligation. If You fail to make the goods available to the seller, or if You agree to return the goods to the seller and fail to do so, then You remain liable for the performance of all obligations under the contract.
19. By using the services of the financing companies recommended or affiliated with The AC Therapist, you, the user, hereby agree and acknowledge the following:
- Independent Entities: The financing companies are separate and independent entities from The AC Therapist. They operate under their own business structure, guidelines, and policies. The AC Therapist is not responsible for the operations, acts, or omissions of these financing companies.
- No Liability: The AC Therapist assumes no liability for any issues, disputes, or problems that may arise between you and the financing companies. Any such issues, disputes, or problems are solely between you and the respective financing company.
- Contractual Relationship: By using the services of a financing company, you understand and agree that you are entering into a contractual relationship with that financing company, and not with The AC Therapist. You are responsible for complying with the terms and conditions set forth in any agreement or contract with the financing company, and The AC Therapist is not a party to such agreements or contracts.
- No Warranty or Guarantee: The AC Therapist does not warrant or guarantee the services, products, or performance of any financing company. Any warranties, guarantees, or representations made by the financing company are solely between you and the financing company.
- Due Diligence: You are responsible for conducting your own research and due diligence before entering into a contractual relationship with a financing company. The AC Therapist is not responsible for verifying the accuracy, reliability, or completeness of any information provided by the financing companies or for ensuring the quality of their services.
- Indemnification: You agree to indemnify, defend, and hold harmless The AC Therapist, its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the services of a financing company, your breach of any agreement or contract with a financing company, or any dispute or issue you may have with a financing company.
- Governing Law: This Legal Disclaimer shall be governed by and construed in accordance with the law, without regard to its conflict of laws principles. By using the services of any financing company recommended or affiliated with The AC Therapist, you acknowledge that you have read, understood, and agree to be bound by the terms of this Legal Disclaimer.
20. By providing your credit card information and saving it on file, You, the client, hereby authorize The AC Therapist, hereby referred to as “the company”, to charge your credit card for all services rendered by the company under the terms of our agreement. You understand and agree that your credit card information will be stored securely in accordance with applicable data protection laws and regulations, and the company will take reasonable precautions to ensure the security of your credit card information. You have the right to update or remove your credit card information from our system at any time. However, you acknowledge that removing your credit card information may affect the provision of services that require automatic payments. You also understand and agree that it is your responsibility to notify the company of any changes to your credit card information, including but not limited to changes in the card number, expiration date, and billing address. If a charge to your saved card is declined, you agree to provide an alternative form of payment promptly. Failure to do so may result in a suspension or termination of services provided by the company. By saving your card on file, you confirm that you have read, understood, and agreed to these terms.
21. Filming and Photography Clause
21.1 Consent for Filming and Photography: By entering into this Agreement, the Client hereby consents to the photographing, filming, and recording (“Media Capture”) of the Client's property, HVAC system, conditions of service areas, and interactions with the Company’s employees during the performance of services for the following purposes:
Quality control and assurance
Training and educational material for employees
Marketing and promotional activities
Documentation of work conditions, before and after service, for verification and liability purposes
21.2 Use and Ownership: All Media Capture remains the exclusive property of the Company. The Company has the sole discretion to decide whether to use or not use, display, or not display any Media Capture.
21.3 Confidentiality: Unless explicitly authorized by the Client in writing, the Company shall take reasonable measures to ensure that Media Capture does not disclose any sensitive, personal, or confidential information, and will edit or obscure such information, if necessary, before using it for the above-mentioned purposes.
21.4 Opt-Out: The client has the right to opt out of Media Capture by providing written notice to the Company prior to the commencement of any service. Failure to provide such notice will be considered as implicit consent for Media Capture.
21.5 Liability: The Company will not be liable for any claims, costs, or damages that Client may suffer or incur as a result of unauthorized use of Media Capture by third parties if such unauthorized use is beyond the Company’s reasonable control.
21.6 Indemnification: Client agrees to indemnify, defend, and hold harmless the Company from any and all claims arising out of Media Capture unless such claims arise out of the Company’s gross negligence or willful misconduct.
22. Marketing Communication Consent Clause:
By accepting this estimate/invoice or engaging our services in any way, including any Free services, you hereby consent to the Company the use of your provided phone number and email address for marketing and promotional purposes. This may include but is not limited to, sending you information about our HVAC services, special offers, discounts, and updates related to our business. You may opt out of these communications at any time by contacting us or following the unsubscribe instructions provided in the marketing materials.
23. Binding Effect. The terms contained in this Service Agreement (the “Agreement”) are accepted upon the electronic signing and or Online Approval of this Agreement by You or an authorized representative. Other approval methods are also accepted by the company as your consent to do the estimated work for the offered amount. These are:
1) Verbal approval through our recorded line.
2) Written approval through email and/or text.