help@schnetzlerservices.com
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1. Subscription Services: Customer agrees to subscribe to the HVAC services (the "Services") provided by Schnetzler Services, LLC ("Service Provider"), which may include installation, maintenance, repair, and inspection of HVAC systems depending, and only depending, on the terms outlined in the pricing plans.
2. Subscription Fee: Customer shall pay the subscription fee as outlined in the pricing plan provided by Service Provider, which may be subject to change upon written notice to Customer. The subscription fee shall be due and payable on a semi-annual or annual basis depending on the plan, and advance. There are no refunds as payment is made in advance for coverage over the specified time period in the plan.
3. Term and Termination: This Agreement shall commence on the Effective Date and shall continue for an initial term of 6 months or 12 months depending on the pricing plan. After the initial term, this Agreement shall automatically renew for successive 6 to 12 month periods depending on the pricing plan, unless either party provides written notice of termination prior to the end of the then-current term. Service Provider may terminate this Agreement immediately upon written notice to Customer in the event of non-payment of subscription fees or for any reasonable reason determined by the Service Provider.
4. Rights and Obligations: Service Provider shall use reasonable efforts to provide the Services in a professional and timely manner, in accordance with industry standards. Customer shall provide Service Provider with access to the HVAC systems and premises as reasonably necessary for the provision of the Services.
5. Limitation of Liability: Customer acknowledges that HVAC systems are complex and Service Provider's liability for any claim arising out of or related to the Services shall be limited to the total amount of subscription fees paid by Customer to Service Provider during the pricing plans lifetime preceding the date of the claim. Service Provider shall not be liable for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, or business opportunities.
6. Confidentiality: Both parties agree to keep any confidential information received from the other party during the term of this Agreement confidential and not to disclose such information to any third party, except as required by law or with the prior written consent of the disclosing party.
7. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Dutchess County within New York State, without giving effect to its conflict of laws principles. Any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the courts of Dutchess County within New York State, and each party irrevocably submits to the jurisdiction and venue of such courts.
8. Entire Agreement and Amendments: This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
9. Miscellaneous: Neither party shall be liable for any failure or delay in performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, floods, epidemics, pandemics, strikes, lockouts, riots, terrorism, or government actions. Customer shall be responsible for any costs or fees associated with permits, licenses, or approvals required for the Services. Customer may not assign or transfer this Agreement without the prior written consent of Service Provider. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.
By subscribing to the HVAC services provided by Service Provider, Customer acknowledges and agrees to the terms and conditions outlined in this Agreement.
