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Terms & Conditions


Authorization to Start Work

Home Improvement Contract

I have reviewed the estimated cost of the proposed work to be completed on my property. I agree to pay for all work completed on my property by Comfort Zone LLC ,  at my request. I am aware of the terms and conditions of this agreement and expressly agree to all the terms contained therein. I understand the above is an estimate and not a guarantee figure for the completion of work on my home. I understand that  Comfort Zone LLC will only perform the work outlined above unless it obtains a further agreement from me.

Terms and Conditions To Be Displayed When Clicked:

APPROVAL SIGNATORY WILL ACT AS A GUARANTOR OF PAYMENT. THERE IS A 4% FEE ADDED TO ALL CREDIT CARD TRANSACTIONS. $25.00 CHARGE ON ANY DISHONORED CHECKS.

  Comfort Zone LLC is NOT RESPONSIBLE FOR ANY UNFORESEEN DAMAGES DUE TO SERVICE REQUEST OR LOST ITEMS.

CUSTOMER ACCEPTS ANY AND ALL FEES GENERATED FROM NON PAYMENT.

Including all attorney fees, collection fees, Lien fees.

Disclosure Statement:

This Contractor is registered with the State of Florida and Is licensed and insured per Florida state law CAC057532 .Expiration of current license is 08/31/24.

The dispatch fee is a dispatch fee to show up to the house or business and create a quote for work that is asked to be performed.

 Comfort Zone, LLC.

TERMS AND CONDITIONS OF SERVICE

  1. Applicability.

These terms and conditions for services (these “Terms”) are the only terms that govern the provision of services by Comfort Zone, LLC to the customer to whom these Terms are transmitted or by whom acknowledged (“Customer”).

Any accompanying order confirmation, quotation, invoice or other writings (the “Invoicing”) and these Terms (collectively, the “Agreement”) comprise the entire agreement between the parties concerning all work to be performed by Comfort Zone, LLC. as described within the Invoicing (the “Services”), and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, or communications, both written and oral. In the event of any dispute between these Terms and any other Invoicing making up the Agreement, these Terms shall control unless expressly stated within such Invoicing.

These Terms prevail over any of Customer’s general terms and conditions regardless of whether or when Customer has submitted its request for proposal, order, or such terms. Provision of services to Customer do not constitute acceptance of any terms of Customer’s terms and conditions and does not serve to modify or amend these Terms.

  1. Related Matters.
  2. All increases in labor and/or materials cost arising after the date of the quote or Invoicing included herewith may be recovered from the customer unless the quote or Invoicing expressly excludes this condition.
  3. The quote included herewith is based on the work being done during normal working hours, Monday through Friday. Labor charges for emergency services after hours, or services provided during off hours at the request of Customer shall be subject to a premium rate equivalent to 125% of normal labor charges.
  4. Variations or additional work not expressly provided for within the Invoicing shall be charged on a flat rate time  basis unless subject to a separate quote accepted by the Customer.
  5. The laying of cables and conduits runs shall be undertaken by the shortest practicable route, as determined by Comfort Zone, LLC. , absent express written agreement (and appropriate adjustment to invoicing) by and among Customer and Comfort Zone, LLC.
  6. Any element of the Services required to be performed by other contractors is not included and will be billed through to Customer.
  7. While reasonable care will always be taken, the quote does not include the cost of incidental restoration arising from the proper execution of the Services, the cost of which shall be billed to and may be recovered by P.N.W from the Customer.
  8. Customer’s Obligations. Customer shall:
  9. cooperate with Comfort Zone, LLC. in all matters relating to the Services and provide such access to Customer’s premises, and such office accommodation and other facilities as may reasonably be requested by Comfort Zone, LLC., for the purposes of performing the Services;
  10. respond promptly to any Comfort Zone, LLC.  request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for Comfort Zone, LLC. to perform Services in accordance with the requirements of this Agreement;
  11. provide such customer materials or information as Comfort Zone, LLC. may request to carry out the Services in a timely manner and ensure that such customer materials or information are complete and accurate in all material respects; and
  12. obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start.
  13. Customer’s Acts or Omissions. If Comfort Zone, LLC. ‘s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants or employees, Comfort Zone, LLC shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
  14. Change Orders.
  15. If either party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other party in writing. Comfort Zone, LLC shall, within a reasonable time after such request, provide a written estimate to Customer of:
  16. the likely time required to implement the change;
  17. any necessary variations to the fees and other charges for the Services arising from the change;

iii. the likely effect of the change on the Services; and

  1. any other impact the change might have on the performance of this Agreement.
  2. Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (a “Change Order”). Neither party shall be bound by any Change Order unless mutually agreed upon in writing in accordance with Section 24.
  3. Notwithstanding Section 5(a) and Section 5(b), Comfort Zone, LLC may, from time to time change the Services without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Invoicing. Comfort Zone, LLC. reserves the right to modify design elements contemplated by the Services. Reasons for modification may stem from equipment or material manufacturing concerns, material issues, or unforeseeable events that render producing a design exactly per approved drawings impractical or cost inefficient. Comfort Zone, LLC will make every attempt during the estimating and contract review stages to predict such events; however, due to the nature of custom electrical work, modifications to design features are often unavoidable.
  4. Modifications to design features that do not affect form, fit or function (from an end-user perspective) require Comfort Zone, LLC approval, but may or may not be communicated to the Customer. Modifications that do affect form, fit or function (from an end-user perspective) will be submitted to the Customer for approval prior to implementing the change.
  5. Comfort Zone, LLC may charge for the time it spends assessing and documenting a change request from Customer on a time and materials basis in accordance with the Invoicing.
  6. No verbal changes will be binding or accepted.
  7. Fees and Expenses; Payment Terms; Interest on Late Payments; Security.
  8. In consideration of the provision of the Services by Comfort Zone, LLC and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Invoicing.
  9. Customer agrees to reimburse Comfort Zone, LLC. for all reasonable travel and out-of-pocket expenses incurred by   Comfort Zone, LLC in connection with the performance of the Services.
  10. Customer shall pay all invoiced amounts due to P.N.W within seven (7) days from the date of Comfort Zone, LLC ‘s invoice. Customer shall make all payments hereunder in US dollars. Payments received after 10 days of invoice date shall be subject to a 15% late payment penalty and shall accumulate 12% interest annually until balance is paid in full.
  11. Comfort Zone, LLC shall retain and is hereby granted a security interest in all products sold to Customer hereunder, under the Invoicing or pursuant to this Agreement until all sums due hereunder and thereunder are paid in full. Customer will execute any financing statements deemed necessary by  Comfort Zone, LLC to perfect its security interest. These Terms shall serve as a security agreement and customer authorizes Comfort Zone, LLC to file a copy of this Agreement or any financing statements deemed necessary to protect Comfort Zone, LLC’s security interest.
  12. Unless otherwise increased by a specific provision of a written agreement, invoice or purchase order, all standard service order cancellations on less than twenty-four hours’ notice are subject to a fifteen percent (15%) cancellation charge based upon the total estimate of the quote. The customer shall be invoiced and the same shall be due upon receipt of such invoice.
  13. In the event payments are not received by  Comfort Zone, LLC within seven (7) days after becoming due, Comfort Zone, LLC may: i. charge interest on any such unpaid amounts at a rate of one percent (1.00%) per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid;
  14. suspend performance for all Services until payment has been made in full; or

iii. exercise its rights under the Security Interest herein granted.

  1. Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder.
  2. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of Comfort Zone, LLC in the course of performing the Services, including any items identified as such in the Invoicing (collectively, the “Deliverables”) except for any Confidential Information of Customer or customer materials shall be owned by Comfort Zone, LLC.  Comfort Zone, LLC hereby grants Customer a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicense able, fully paid-up, royalty-free and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Deliverables and the Services.
  3. Confidential Information.
  4. All non-public, confidential or proprietary information of Comfort Zone, LLC including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by Comfort Zone, LLC to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by Customer without the prior written consent of Comfort Zone, LLC Confidential Information does not include information that is:
  5. in the public domain;
  6. known to Customer at the time of disclosure; or

iii. rightfully obtained by Customer on a non-confidential basis from a third party.

  1. Customer agrees to use the Confidential Information only to make use of the Services and Deliverables.
  2. Comfort Zone, LLC shall be entitled to injunctive relief for any violation of this Section.
  3. Representation and Warranty.
  4. Comfort Zone, LLC represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.
  5. Comfort Zone, LLC shall not be liable for a breach of the warranty set forth in Section 10(a) unless Customer gives written notice of the defective Services, reasonably described, to  Comfort Zone, LLC within three (3) days of the time when Customer discovers or ought to have discovered that the Services were defective.
  6. Subject to the remainder of this Section 10, Comfort Zone, LLC shall, in its sole discretion, either:
  7. repair or re-perform such Services (or the defective part); or
  8. credit or refund the price of such Services at the pro rata contract rate.
  9. THE REMEDIES SET FORTH IN SECTION 10(c) SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND ‘Comfort Zone, LLC S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 10(a).
  10. Disclaimer of Warranties. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 10(A) ABOVE, Comfort Zone, LLC MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
  11. Limitation of Liability.
  12. IN NO EVENT SHALL P.N.W BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT A&D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  13. IN NO EVENT SHALL Comfort Zone, LLC AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO P.N.W PURSUANT TO THE APPLICABLE INVOICING.
  14. The limitation of liability set forth in Section 12(b) above shall not apply to (i) liability resulting from Comfort Zone, LLC gross negligence or willful misconduct and (ii) death or bodily injury resulting from Comfort Zone, LLC negligent acts or omissions.
  15. Wear and consumable items such as batteries and ________ are not covered under this warranty.
  16. Comfort Zone, LLC Limited Warranty coverage is contingent upon proper installation, operation, maintenance and repair of any products related to or incorporated in the work contemplated by the Services. Refer to the appropriate manuals and documentation for assistance. In cases of uncertainty, Comfort Zone, LLC must be consulted prior to any service work being performed. Failure to do so may result in the termination of any and all Warranty coverage. Any work performed on products sold or installed by  Comfort Zone, LLC under this Agreement, without the express written consent of Comfort Zone, LLC will result in the termination of the limited warranty herein provided.
  17. The limited warranty herein provided excludes any and all parts and assemblies that are covered by any manufacturer’s warranty.
  18. Any and all warranties herein provided are non-transferrable and shall be for the exclusive benefit of the other party to this Agreement.
  19. Termination. In addition to any remedies that may be provided under this Agreement, Comfort Zone, LLC may terminate this Agreement with immediate effect upon written notice to Customer, if Customer:
  20. fails to pay any amount when due under this Agreement and such failure continues for five (5) days after Customer’s receipt of written notice of nonpayment;
  21. has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or
  22. becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
  23. Waiver. No waiver by  Comfort Zone, LLC of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by  Comfort Zone, LLC No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
  24. Force Majeure. Comfort Zone, LLC shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Comfort Zone, LLC including, without limitation, acts of God, flood, fire, earthquake, Hurricane,explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic,pandemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  25. Assignment. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Comfort Zone, LLC Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
  26. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
  27. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms, except as may be expressly set forth within the Invoicing.
  28. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Florida.
  29. Submission to Jurisdiction. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Florida in each case located in the City and County of Cape Coral,Ft Myers etc, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
  30. Notices. All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth in the Invoicing or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
  31. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
  32. Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Compliance with Laws, Confidentiality, Governing Law, Submission to Jurisdiction and Survival.
  33. Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.
  34. Miscellany. If a purchase order is issued by the Customer and accepted by ,Comfort Zone, LLC acceptance of the same by Comfort Zone, LLC is expressly made subject to these Terms. Comfort Zone, LLC reserves the right to withdraw this proposal at any time, including prior to acceptance by Customer or following acceptance by Customer in the event of any requested changes or revisions to contract specifications.
  35. Comfort Zone, LLC Is not responsible for any manufacture or lack of manufacture warranties or warranty part availability or shipping. Customer understands Comfort Zone, LLC has no control over any manufacturer warranty and customer accepts any and all liability of installed products.
  36. Comfort Zone, LLC  is not responsible for any 3rd party labor warranty, Customer assumes all risk and responsibilities. Customer agrees to pay labor for any warranty parts that labor is not paid or honored from the labor warranty company or warranty.  

By signing this work order you are agreeing to all terms and conditions.

All Canceled Jobs that are financed, there will be a 20% Finance fee and a 5% Restocking Fee paid by homeowner

Service agreement.

Not Good with any other coupons or offers.

Effective date of this agreement begins when  Comfort Zone, LLC receives the signed customer acceptance with payment.

Work will be performed on the equipment listed above. Any additional service work will be authorized by the customer and performed by Comfort Zone, LLC.

 at its regular rates and as it states in the agreement if any discount applies to parts and/or labor. The term

of the agreement is for one (1) year.

Charges for the service agreement will be invoiced and automatically withdrawn each month on the 15h, via credit card information you

provided to us. If payment has not been processed or received by the 15th day, or after the grace period depending upon reasoning as to

why payment wasn’t made on the 15th, the customer will be charged a late payment fee (service charge).  Comfort Zone, LLC

 reserves the right to withhold service.

Either party may cancel this agreement with 30 days written notice. If customer initiates the cancellation, then the customer is

responsible to pay o 50% of remaining contract amount.

Upon initial visit by technician, system will be inspected for compliance with company criteria. Items determined necessary to bring

systems up to standards to meet criteria will be the responsibility and expense of the customer and agreement will not be applicable until

criteria are met. This agreement is only good for the address that the work will be done at, and is not transferable to any other address.

In the event that the equipment under the agreement is no longer economically repairable, we will provide the customer with a quote to

replace. Until replacement takes place, no further service work will be performed under the agreement. Customer is to keep equipment

accessible and free from any obstruction that deter proper servicing of equipment.

Area around equipment, including crawl space, must be dry. Any attic units must have adequate flooring to service unit, no exceptions

will be made Obligation to furnish replacement parts is subject to availability of parts from normal sources of supply. If parts are

unavailable or obsolete, contract coverage on these items is voided.

Agreement does not cover parts or labor when failure is result of the following:

Unnecessary or nuisance calls will be charged and paid by customer at

prevailing costs. Examples of such are thermostats are set too low or in the

o position, emergency switches or disconnects are turned o, clogged air

filters. circuit breakers tripping and blown fuses due to power outages, etc.

 Comfort Zone, LLC will not be held

responsible for any changes, additions or deletions to existing equipment

that may be dictated by local codes, government authority insurance claims,

or any other third party un less authorized and paid for by customer.

This agreement does not cover loss or damage resulting from fire, water,

acts of mother nature, theft, riot, misuse or abuse, or any other circumstance

beyond the company’s control.

Variable speed replacement parts are not covered by this agreement, but

will be discounted by 10% when replacement is necessary.

By signing this work order you are agreeing to these terms and agreements.

Any equipment and/or material installed onsite is considered property of the purchaser. The purchaser is responsible for all additional costs towards labor and/or material due to theft, fire, water damage and/or any other man made or natural catastrophe.

By signing this agreement, you are authorizing  Comfort Zone, LLC (or our agent) to send emails to the email address you provided and that is listed on the work order using an automative mail system and/or marketing and/or collection text messages, and/or collection phone call to the phone number(s) you provided and is listed on the work order using automative telephone dialing system.

We reserve the right to change and/or modify the terms and conditions at any time.

 

Consent to Receive SMS Notifications

By providing your phone number, you consent to receive SMS notifications, alerts, and occasional marketing communications from the company. Message frequency varies. Message and data rates may apply.

Opt-IN Message

End users opt-in by visiting – https://topcoolingpros.com/ and filling in their details. Users check a box to receive notifications & promotional messages to provide their consent. Additionally end users can also text START to +1 (239) 268-6355.

Opt-Out Message

“Thank you for choosing to receive notification and promotional SMS from ComfortZone . We value your preferences and respect your choice. If you ever wish to opt-out of these messages in the future, please reply STOP. Your satisfaction is important to us, and we are here to assist you with any questions or concerns. Have a great day!”