TERMS & CONDITIONS

Effective Date: July 25, 2025
Last Updated: August 13, 2026

These Terms & Conditions (the “Agreement”) govern all services provided by Cain’s Cool Air LLC (“we”, “us”, or “our”) to customers (“you” or “Customer”).

1. Scope of Services

We agree to perform HVAC services including installation, repair, diagnostics, maintenance, and other related work as requested (“Services”), subject to the terms of this Agreement. Service outlines, frequency, and pricing are detailed in individual service agreements or quotes.
Common service details include inspection, cleaning, tune-ups, coil and drain cleaning, filter replacement, safety checks, and diagnostic testing.

2. Payment Terms

• Service Fees: You agree to pay all charges for services rendered at the rates specified in the service order or quote.
• Timing: Payment is due as specified, typically upon completion or within defined invoice terms. We may assess late fees or suspend service if payment is delayed.
• Service or Diagnostic Fees: When applicable, such fees will be disclosed before dispatch; if you decline further repair work, diagnostic fees may apply.

3. Service Agreements & Maintenance Plans

If you enroll in a maintenance plan or service agreement, the plan will specify scope, frequency (e.g. semi-annual or annual), pricing, benefits (such as discounts on parts or priority scheduling), and renewal terms.
Plans are typically non-binding and cancelable per the terms provided, but coverage benefits only apply while active.

4. Warranties and System Maintenance

We provide labor warranties (length specified individually) and may facilitate manufacturer warranties for parts as applicable. All warranties require proper maintenance per manufacturer or installer guidelines.
Skipping recommended maintenance, especially by non-authorized providers, may void labor warranties.

5. Liability and Disclaimer

• Limitation of Liability: We are not liable for indirect, incidental, or consequential damages arising from system failure or services provided.
• Damages Beyond Control: We disclaim liability for damages resulting from events outside our reasonable control (e.g., natural disasters, pre-existing conditions, misuse of equipment).

6. Customer Responsibilities

You shall provide safe and reasonable access to the site. You are responsible for changing filters as recommended and following pre-visit instructions (e.g., power access, clear access zones).
Failure to perform simple upkeep like filter replacements may impact system performance or warranty eligibility.

7. Cancellations and Rescheduling

To cancel or reschedule, notify us at least 24–48 hours in advance (or as specified). Late cancellations or “same-day” changes may incur a fee as stated in your service plan or order.

8. Dispute Resolution; Governing Law

This Agreement is governed by applicable law in Texas (or state of service). You agree to attempt informal resolution first; if unresolved, claims may proceed via arbitration or in small claims court within the jurisdiction.

9. Termination

• By Either Party: Either party may terminate this Agreement at any time with written notice.
• Effect of Termination: Services rendered prior to termination remain payable. Termination of a maintenance plan ends associated benefits immediately.

10. Confidentiality

Both parties agree to keep confidential all business-sensitive information and not to disclose third-party personal data, pricing details, or proprietary procedures without consent, except as required by law.

11. Amendments

This Agreement may only be amended via written agreement signed by both parties. Oral modifications are invalid and unenforceable.

12. Severability

If any term of this Agreement is deemed invalid or unenforceable, the remaining provisions remain valid and enforceable. Parties shall negotiate to reasonably replace invalid terms with enforceable ones.

13. SMS Messaging Program

Program Name: Cain’s Cool Air LLC Customer Communications.

Program Description: Customers who opt in may receive recurring SMS messages from Cain’s Cool Air LLC about billing notifications, appointment reminders, dispatch notifications, and job completion surveys.

Opt-In Methods: Customers may opt in online at https://cainscoolair.com/ or https://cainscoolair.com/contact-us/ by providing a mobile number and actively checking a separate, optional SMS consent box that is unchecked by default. The form can be submitted without opting in to SMS. Customers may also opt in through the ServiceTitan Text2Chat widget available on our website by providing their mobile number and message, reviewing the SMS disclosure, and selecting Send to request and consent to the text conversation. The widget is solely for initiating a text conversation with Cain’s Cool Air LLC. Customers may also opt in verbally in person or during an inbound phone call initiated by the customer after trained staff provide the messaging disclosures and receive affirmative consent.

Consent: Consent to receive text messages is not a condition of purchase.

Message Frequency: Message frequency varies.

Message and Data Rates: Message and data rates may apply.

Opt Out: Reply STOP to any message to opt out. After opting out, no further messages will be sent unless you separately opt in again.

Help and Support: Reply HELP for help, email info@cainscoolair.com, or call (432) 242-2468.

Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.

Privacy: Review our Privacy Policy. Mobile information and SMS consent will not be shared with third parties or affiliates for marketing or promotional purposes. All the categories described in the Privacy Policy exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

14. Entire Agreement

This document, together with any attached service order or maintenance plan, constitutes the entire agreement between you and Cain’s Cool Air LLC regarding the services performed.