IMPORTANT NOTICE:

PLEASE BE ADVISED THAT THESE TERMS CONTAIN A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS BEFORE PURCHASING OUR RESIDENTIAL PRODUCTS OR SERVICES.

GENERAL

These Terms of Service ("TOS"), either as amended from time to time by Moody's HVAC, LLC., its subsidiaries, affiliates, predecessors, successors and assigns ("Moody Heating & Air Conditioning", "us", "we" and/or "our"), between you ("Client", "you" and/or "your") and Moody Heating & Air Conditioning, sets forth the terms applicable to your purchase and/or use of our products and services (collectively, the "Services"). You and Moody Heating & Air Conditioning together may be referred to herein as the "Parties" and each may be referred to herein as a "Party." This TOS explains our obligations to you, and your obligations to us in relation to any Services you purchase or otherwise utilize. These TOS apply to our provision of HVAC services.

By signing up for our products and/or services, you acknowledge that you have read, understand, and agree to be bound by this TOS, as well as all other applicable rules or policies, terms and conditions, or service agreements that are or may be established by us from time to time and are incorporated herein by reference. You may also elect to purchase additional Services (the "Additional Services") from us, our partners and/or other third parties, which may have their own service agreements or other related terms and conditions, and it is your obligation to review, accept, and abide by those service agreements or other related terms and conditions.

These Terms of Service may be updated from time to time by posting on the website.

NOTICE AND COMMUNICATIONS

All notices from us to you are deemed effective when: (i) sent by certified mail, return receipt requested or by Federal Express or other recognized overnight delivery service to your last known mailing address; (ii) sent via e-mail to your last known Customer contact e-mail address; (iii) sent via fax to your last known fax number; or (iv) posted on

https://www.moodyheatingandair.com/

and/or any of the applicable pages linked thereto, as updated from time to time.

When you provide contact information to us, you expressly agree that we may use this information to contact you in any format or manner we choose (including but not limited to by telephone, fax, text/SMS, email or direct mail). We may, but have no obligation to, send a single notice by various means of delivery (i.e., fax, e-mail, text/SMS, certified mail or express mail). In no event shall we be liable to you for choosing to send notice in one manner or format over another.

You authorize us to contact you via the contact information provided in your account information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, telephone solicitations, texts/SMS and other notices describing changes, upgrades, new products and services or other information. If you do not want to receive non-service related communications, you may withdraw your consent at any time, by clicking the link in a communication or contacting our customer support at info@moodyheatingandair.com. Consent is not a condition for purchasing services from us.

We'll ask for your permission before sending you text messages. You can choose to opt in when you visit us in person or during a phone call with our team. When you first register with us, we'll ask for your phone number and see if you'd like to receive helpful text messages like billing notifications, appointment reminders, dispatch updates, and job completion surveys.

We'll also let you know that message and data rates may apply, message frequency may vary, and you can text HELP for support or more information. If you ever change your mind, just reply STOP at any time, and we'll stop sending you messages.

You shall give Notice to us by contacting our Customer Service at the phone number listed on our website or otherwise provided by us.

MESSAGING TERMS & CONDITIONS: You agree to receive informational messages (appointment reminders, account notifications, etc.) from Moody Heating & Air Conditioning. Message frequency varies. Message and data rates may apply. For help, reply HELP or email us at info@moodyheatingandair.com. You can opt out at any time by replying STOP.

TERMS AND CONDITIONS

RESPONSIBILITIES OF CUSTOMER: Customer represents that, except as described in the request for service heating and air conditioning are in good repair and condition and agrees to hold Moody Heating & Air Conditioning harmless of discovery of defective conditions, including but not limited to the following: Lines that are settled or broken, Improperly charged systems, Existing illegal conditions, Faulty air movement, Acids in the drain system, Electrical defects. All applicable permits and fee are the responsibility of the owner of the property. When code improvements are required the owner of the property shall be responsible to pay for such improvements. Payment is due prior to start of work and/or upon completion of work, this is at the discretion of Moody's HVAC, LLC and it's agents. Moody's HVAC, LLC does not extend credit. For checks returned there is a fee due of $50 plus the face value of the check. RESPONSIBILITIES OF COMPANY - CONDITIONS AND LIMITATIONS Moody's HVAC, LLC shall do all work in a competent, workmanlike manner. Moody's HVAC, LLC is not responsible for any illegal conditions. Soliciting or performance of work not contracted through Moody's HVAC, LLC, side work where payment is arranged with customer and technician leaving Moody's HVAC, LLC out of agreement. Side work is against company policy. Moody's HVAC, LLC gives no warranty or refund, in any manner, for work performed as side work.

LIMITED WARRANTY: Moody's HVAC, LLC warrants all work to be free from defects in material and workmanship for the warranty stated in writing on the face hereof or (30) days on repairs and (1) year on replacements. No warranty given on polybutylene pipe repairs. No warranty given on galvanized pipe repairs. No warranty given on cast iron pipe repairs. No warranty on customer supplied parts. No warranty on items serviced by anyone other than Moody's HVAC, LLC. No warranty on items determined to be falling due to non-normal wear and tear. Warranty does not cover damage done to property from water leak. Moody's HVAC, LLC will not warrant or be responsible for any landscaping by any name. All warranties are void if payment is not made when due. Warranties extend only to the customer and are not transferable. If a defect in materials or workmanship covered by this warranty occurs, Moody's HVAC, LLC will, with reasonable promptness during normal hours, remedy the defect.

In no event shall company be held liable for water or other damage caused by any delay in remedying a defect.

EXCLUSIONS AND LIMITATIONS: CUSTOMER'S RIGHT TO REPAIR AND REPLACEMENT ARE THE EXCLUSIVE REMEDIES AND MOODY'S HVAC, LLC SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE MATERIALS PROVIDED FOR IN THIS CONTRACT.

1. Moody's HVAC, LLC is not responsible for the following which are excluded from the coverage of this limited warranty: 1. Defective conditions listed under the above "Responsibilities of Customer".
2. Work performed by or materials installed by others not in this agreement.
3. Defects and failures from mistreatment or neglect.
4. Wrong diagnosis. Moody's HVAC, LLC will not be responsible for property damage from misdiagnosis or not work preformed. This limited warranty is the only express warranty Moody's HVAC, LLC gives. IMPLIED WARRANTIES, including, but not limited to, warranties of merchant-ability and fitness for a particular purpose, are limited to a duration of thirty (30) days from the date of completion.
   

PROTECTION OF CUSTOMER'S PROPERTY: Customer agrees to remove or protect any personal property, inside and out, including, but not limited to, carpets, rugs, shrubs and planting, and Moody's HVAC, LLC shall not be responsible for said items. Nor shall Moody's HVAC, LLC be held responsible for the natural consequences of Moody's HVAC, LLC's work which may cause damage to improvements to real property including, but not limited to, curbs, sidewalks, walks, driveways, garages, patios, lawns, shrubs, sprinkler systems, wallpaper, drywall, stucco, tile, cabinets and other appurtenance to the residence or other real property. Moody's HVAC, LLC shall not be held responsible for damage to personal property, real property, or any improvements to real property caused by persons delivering materials or equipment or keeping gates and doors closed for children and animals.

ENTIRE AGREEMENT: This is the entire agreement. The parties are not bound by any oral expression or representation by any agent purporting to act for, or on their behalf, or by any commitment, or arrangement not to set forth herein. The agreement binds jointly and all signing as Customer, their heirs, representatives, successors and assigns. Moody's HVAC, LLC will not provide an itemized breakdown of materials and labor.