When you subscribe to any of our services, you agree to be bound by the terms and conditions set forth in this document.
Definitions: Services are the duties and actions performed by MyHVACWeb in accordance to the subscription package Customer has paid for. You = a paying "Customer", and referred to as "Customer","You" or derivatives of the word "You". Customer also refers to third-parties acting on your behalf. MyHVACWeb or Todd's IT - Website and hosting provider also referred to as "Us", "We", "It", "Our", "Company", "MyHVACWeb" "Authored Work" = the MyHVACWeb website and any and all related materials that are part of the website.
SERVICES PROVIDED AND LENGTH OF SERVICES. One year of hosting on MyHVACWeb servers at current annual price stated on the MyHVACWeb website.
DNS MANAGEMENT AND MANAGEMENT/RENEWAL OF YOUR DOMAIN NAME. This service is included in the annual subscription, unless You, the Customer, decide to do that Yourself.
INITIAL SETUP OF EACH MYHVACWEB WEBSITE IS FREE. Setup includes designing and publishing the website, its content and applicable features, hosting, and domain name registration or transfer to MyHVACWeb.
Exception: MyHVACWeb may charge a new or existing Customer for feature requests that go beyond the stated list of features found on the MyHVACWeb website for the subscription level the Customer is enrolled in. Please contact MyHVACWeb for more information.
FREE SUPPORT. Each annual Standard subscription comes with 10 hours of helpdesk support; AutoPilot comes with five hours; "Lite" comes with three hours. The current and most up to date free helpdesk hours can be found on the MyHVACWeb website for the subscription level the Customer is enrolled in. MyHVACWeb reserves the right to refuse any request that It believes violates Company policy, ethical standards, Federal and/or State law, or will incur cost beyond what the Customer's subscription level provides.
GOOGLE AD MANAGEMENT IS AN EXTRA FEATURE. MyHVACWeb provides Google Ads management for Customers that request it. Our management fee is $25 per month. We recommend a minimum spend of no less than $125 per month as a baseline. This is a month-to-month management program, so the Customer can stop at anytime.
BLOGGING, CALL TRACKING, CONTACT FORMS. All three features aforementioned are available to Customers as a complete set or individually depending on subscription level. Please see the list of features found on the MyHVACWeb website for the features available for each subscription level.
SOCIAL MEDIA INTEGRATION.
OTHER ONLINE ADVERTISING. MyHVACWeb may, from time to time, utilize other forms of SEO/SEM and online advertising to boost Our Customer's search rankings. Some methods may be completely voluntary and require a purchase by the Customer that is outside of the features we provide within each subscription level.
TERMINATION OF AGREEMENT. The Customer may terminate this Agreement at any time. Simply notify Us via email at email@example.com. Due to the low cost of the website and hosting We will provide a pro-rated refund only for accounts that have been active for less than three months. Any and all Google Ads will be immediately shut down upon termination. No refunds on monthly Google Ads will be made since they will be paid monthly by Customer. We will transfer the domain name where ever Customer specifies, after any wait period has expired.
MyHVACWeb reserves the right to terminate an account for any reason. This is to protect Our interests from overbearing Customers who demand more than they are entitled to. We run into that, and let's face it: life is too short to deal with jerks. With our low, low prices and high quality of service with small margins it just isn't worth it.
CONFIDENTIAL INFORMATION. The term "Confidential Information" means any information or material which is proprietary to MyHVACWeb, whether or not owned or developed by MyHVACWeb , which is not generally known other than by MyHVACWeb, and which Customer may obtain through any direct or indirect contact with MyHVACWeb. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by MyHVACWeb concerning the business, technology and information of MyHVACWeb and any third party with which MyHVACWeb deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.
"Confidential Information" does not include:
ARBITRATION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
WARRANTIES. Neither party makes any warranties with respect to the use, sale or other transfer of the Authored Work by the other party or by any third party, and Customer accepts the product "AS IS." In no event will MyHVACWeb be liable for direct, indirect, special, incidental, or consequential damages, that are in any way related to the Authored Work.
NON-EXCLUSIVE LICENSE TO LICENSOR. As of the effective date, Customer grants back to MyHVACWeb a non-exclusive royalty-free license to use the Authored Work as MyHVACWeb sees fit, including for the creation of derivative works; provided, however, this license shall not limit Csutomer's rights and public rights under this License.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
AMENDMENT. This Agreement may be modified or amended from time to time by MyHVACWeb. We will notify Customer of any changes in a timely manner.
SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall 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 or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Illinois.