1. Acceptance of Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Amortoae Petru PFA, doing business as HVAC Job Site Pro (“HVAC Job Site Pro”, “we”, “us”, or “our”), concerning your access to and use of the hvacjobsite.pro website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto. By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.
2. The Services and Deliverables
We provide website development, hosting, and marketing software subscriptions specifically tailored for HVAC contractors. The delivery of our services requires a one-time setup fee of $1,997 and a recurring monthly subscription fee of $147, unless otherwise specified in your specific Master Services Agreement. The “Deliverables” include the compiled website, access to the LocalDesk CRM, online booking infrastructure, and weekly reporting modules. We reserve the right to modify, suspend, or discontinue the Services (or any part thereof) at any time with or without notice.
3. Payment Terms and Subscription Billing
The initial setup fee is due upon signing the agreement and before any development work commences. The recurring monthly subscription fee of $147 will be billed automatically every 30 days starting from the date the website goes live. You authorize us to charge your provided payment method for these recurring fees. If a payment fails, we will attempt to process it three more times over a 14-day period. Failure to settle outstanding balances after 14 days will result in immediate suspension of all Services, including website hosting and CRM access, until the account is brought current.
4. Intellectual Property Rights and Licensing
Unless otherwise indicated, the Site, the proprietary LocalDesk software, and our custom WordPress theme frameworks are our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. However, any content, logos, or brand assets provided by you (“Client Content”) remain your exclusive property. We grant you a non-exclusive, revocable, non-transferable license to use the Deliverables solely for your internal business operations during the term of your active subscription.
5. Client Data, Portability, and Ownership
You retain full ownership of all customer data, leads, text, information, and other content that you submit to or generate through the Services. Upon termination of the Services for any reason, you are entitled to export your client data via CSV within 30 days. You also retain 100% ownership of your primary domain name (e.g., yourcompanyhvac.com). We do not hold domains hostage. If you cancel, we will transfer domain control to your registrar of choice.
6. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
7. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Services; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights.
8. Governing Law and Dispute Resolution
These Terms shall be governed by and defined following the laws of Romania. Amortoae Petru PFA and yourself irrevocably consent that the courts of Romania shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms. Any legal action or proceeding related to this Website shall be brought exclusively in a competent court in Bucharest, Romania.