Terms of Service

These Terms of Service ("Terms") govern the relationship between AirWatt Home Performance ("AirWatt," "we," "us") and our customers ("you") regarding HVAC services, home energy audits, maintenance plans, and use of our website and field service application. By scheduling a service, signing a service agreement, or using our website, you agree to these Terms.

1. Services Provided

AirWatt provides residential and light commercial HVAC service, repair, installation, home energy audits, air balancing, and ongoing maintenance in Western North Carolina. Specific services, pricing, and scope of work will be outlined in your service agreement, work order, or invoice. We reserve the right to decline or modify services based on safety, equipment condition, or scope limitations.

2. Scheduling and Appointments

• Service appointments are scheduled based on availability and confirmed by AirWatt.
• We will make every effort to arrive within the agreed time window. Unforeseen delays (weather, prior job overruns, emergencies) may occur, and we will communicate any schedule changes promptly.
• If you need to reschedule or cancel, please notify us at least 24 hours in advance. Same-day cancellations may be subject to a service call fee.
• Property access must be provided at the scheduled time. If access is not available, a return trip fee may apply.

3. Pricing and Payment

• Service pricing is either flat-rate (as quoted) or hourly (as stated in your service agreement). Pricing will be communicated before work begins.
• Payment is due upon completion of service unless other terms are agreed in writing. Accepted payment methods include cash, check, and electronic payment.
• Deposits may be required for equipment installations or large projects. Deposit terms will be specified in your quote or invoice.
• Overdue invoices may be subject to late fees of 1.5% per month (18% annually) on outstanding balances after 30 days.
• Membership plan fees are billed according to your selected plan (annually or monthly). Monthly plans require an initial setup fee as specified at signup.

4. Service Agreements and Work Orders

Each service visit may be governed by a service agreement or work order that outlines the specific scope of work, pricing, and any warranties. By signing a service agreement or work order — whether physically or electronically — you acknowledge and agree to the terms outlined in that document. In the event of a conflict between these Terms and a specific service agreement, the service agreement controls for that particular service.

5. Warranties and Guarantees

• Workmanship: We warrant our workmanship for 90 days from the service date. If an issue arises from our installation or repair work within this period, we will return and correct it at no charge.
• Equipment: Equipment warranties are provided by the manufacturer and are subject to their terms. We will assist with warranty claims but are not responsible for manufacturer warranty decisions.
• Maintenance plans: Plan benefits apply only during the active plan period and are non-transferable. Missed maintenance visits do not carry over or extend the plan term.
• Exclusions: Warranties do not cover damage caused by improper use, lack of maintenance, Acts of God, or modifications made by anyone other than AirWatt.

6. Limitation of Liability

To the fullest extent permitted by law, AirWatt's total liability for any claim arising from our services is limited to the amount you paid for the specific service that gave rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including but not limited to property damage from pre-existing conditions, utility costs, or business interruption. We are not responsible for issues arising from equipment or systems we did not install, service, or inspect.

7. Property and Access

You agree to provide safe and reasonable access to the equipment and areas to be serviced. This includes ensuring pets are secured, areas are clear of obstructions, and any known hazards (asbestos, mold, electrical issues) are disclosed before work begins. AirWatt is not liable for damage to personal property that is not moved away from the work area when reasonable notice was given.

8. Website and Field App Use

Our website and field service application are provided for scheduling, communication, invoicing, and service record management. You agree to:

• Provide accurate and truthful information when creating an account or scheduling services
• Keep your login credentials secure and not share them with unauthorized individuals
• Not attempt to access, modify, or disrupt our systems, data, or networks
• Not use our website or app for any unlawful or unauthorized purpose

9. Photos and Documentation

As part of our service, we may take photos of equipment, work areas, and completed work for documentation, quality assurance, and service records. These photos are part of your service record and may be stored in our field service system. We will not use photos of your property or interior for marketing purposes without your explicit consent.

10. Cancellation and Refunds

• Services: If you cancel a scheduled service with less than 24 hours' notice, a service call fee of $89 may apply. If work has already begun, charges for labor and materials up to the point of cancellation will apply.
• Deposits: Deposits for equipment or installations are refundable less any restocking or ordering fees incurred, provided the equipment has not been special-ordered or installed.
• Membership plans: Annual plans are refundable on a pro-rated basis for unused full months. Monthly plans can be cancelled at any time; billing stops at the next cycle. Setup fees are non-refundable.

11. Force Majeure

AirWatt is not liable for delays or failures to perform caused by circumstances beyond our reasonable control, including severe weather, natural disasters, power outages, supply chain disruptions, labor shortages, government actions, or other emergencies.

12. Governing Law

These Terms are governed by the laws of the State of North Carolina. Any disputes shall be resolved in the courts of North Carolina, and you consent to the jurisdiction of such courts.

13. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page. Continued use of our services after changes constitutes acceptance of the updated Terms.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms, together with any signed service agreements, work orders, or invoices, constitute the entire agreement between you and AirWatt regarding the subject matter covered.