MyHVACWeb Terms & Conditions: When you subscribe to any of our services, you agree to be bound by the terms and conditions set forth in this document.
Definitions: Services are the duties and actions performed by MyHVACWeb in accordance to the subscription package Customer has paid for. You = a paying
"Customer", and referred to as "Customer","You" or derivatives of the word
"You". Customer also refers to third-parties acting on your behalf. MyHVACWeb or Todd's IT - Website and hosting
provider also referred to as "Us", "We", "It",
"Our", "Company", "MyHVACWeb"
"Authored Work" = the MyHVACWeb website and any and all related
materials that are part of the website.
DNS management and
management and renewal of Your domain name is included
in the annual subscription, unless You, the Customer, decide to do that
- Services provides and length of services: One
year of hosting on MyHVACWeb servers at current annual price stated on the
MyHVACWeb website (http://myhvacweb.com/hvac-dealerwebsite-pricing).
- MyHVACWeb will
send renewal requests 30 days, 15 days, one week, and three days before
Your subscription expires. Renewal will maintain the online publication
of the website We provide, and renewal of the website domain name if
MyHVACWeb manages for the Customer.
and website editing features built into the Administrative
pages of the Customer's website
- All MyHVACWeb
websites are mobile friendly, using industry standard practices.
- Through the use of MyHVACWeb, Customer agrees to the automated collection and storage of third-party reviews, ratings, and other Customer related information for use in MyHVACWeb Services from third-party web sites and sources, including the use of screen-scraping technolgies and APIs where applicable.
Initial set-up of
each MyHVACWeb website is free. Set-up includes designing and publishing
the website, its content and applicable features, hosting, and domain name
registration or transfer to MyHVACWeb.
- Customers that
choose to manage their domain names themselves will not be given a
discount on the annual subscription rate if they choose to manage their
domain name themselves.
- Even if MyHVACWeb
creates and manages the Customer's domain name, the Customer is the
ultimate owner of it. We will transfer it to any Domain Name Registrar at
any time unless the rules governing Domain Name transfers prohibit it,
i.e., the domain name was purchased within the 45 days, or it was renewed
or transferred to Us within the last 45 days. After any required wait
time, We will comply with the request.
will add your domain name to Our DNS servers. If You are managing that
Yourself, We will not do add Your domain name to Our DNS servers. We will
give You the proper DNS information You need to enable Your MyHVACWeb
website to appear on-line.
Free Support: Each annual Standard subscription
comes with 10 hours of helpdesk support; AutoPilot comes with five hours;
"Lite" comes with three hours. The current and most up to date
free helpdesk hours can be found on the MyHVACWeb website (http://myhvacweb.com/hvac-dealerwebsite-pricing)
for the subscription level the Customer is enrolled in. MyHVACWeb reserves
the right to refuse any request that It believes violates Company policy,
ethical standards, Federal and/or State law, or will incur cost beyond
what the Customer's subscription level provides.
Management is an extra feature. MyHVACWeb provides Google Ads
management for Customers that request it. Our management fee is $25 per
month. We recommend a minimum spend of no less than $125 per month as a
baseline. This is a month-to-month management program, so the Customer can
stop at anytime.
MyHVACWeb may charge a new or existing Customer for feature requests that
go beyond the stated list of features found on the MyHVACWeb
for the subscription level the Customer is enrolled in. Please contact
MyHVACWeb for more information.
Blogging, Call Measurement phone numbers, contact
three features aforementioned are available to Customers as a complete set
or individually depending on subscription level. Please see the list
of features found on the MyHVACWeb website (http://myhvacweb.com/hvac-dealerwebsite-pricing)
for the features available for each subscription level.
- The Customer will
be required to enroll in a monthly credit card subscription program that
they can end at any time that is managed through PayPal. The subscription
will be for a minimum of $125 per month. The Customer or MyHVCWeb can end
the subscription at any time, although any current Google ads will
continue to be active until the end of the month the subscription is ended
personnel will configure the Google Ads account to show any and all ads
as many times as possible each day. Reporting will be provided on a
may contact MyHVACWeb and inquire about their ad campaigns anytime by
emailing the help desk at firstname.lastname@example.org or
by calling the toll-free help desk phone number shown on the MyHVACWeb
Other online advertising: MyHVACWeb may,
from time to time, utilize other forms of SEO/SEM and online advertising
to boost Our Customer's search rankings. Some methods may be completely
voluntary and require a purchase by the Customer that is outside of the
features we provide within each subscription level.
Customer may terminate this Agreement at any time. Simply notify Us via
email at email@example.com. Due to the low
cost of the website and hosting We will provide a pro-rated refund only
for accounts that have been active for less than three months. Any and all
Google Ads will be immediately shut down upon termination. No refunds on
monthly Google Ads will be made since they will be paid monthly by
Customer. We will transfer the domain name where ever Customer specifies,
after any wait period has expired.
- Blogging: The
MyHVACWeb blogging feature adds a blog page to the Customer's website.
However, we also utilize a Third Party service to distribute blogs to
Facebook, Google My Business, and several other social media platforms.
Use of the Third Party service is dependent upon the Customer wishing to
participate and is not automatic. The Third Party will request to be
allowed to log into the social media account(s) the Customer specifies
and place the blog post on behalf of the Customer. The Third Party
service is not owned or affiliated with MyHVACWeb.
- Google My
Business Account Listing and use of Google Places data: We request that each Customer allow
- Create a new
Google My Business Account listing for their company if one does not exist, and We act as the
Manager of the account;
- As between the parties, Customer Content (as defined below) will be owned by Customer. Customer will be solely responsible for the accuracy, quality, integrity and legality of Customer Content. Customer hereby grants to MyHVACWeb a non-exclusive, worldwide license to copy, modify (including the right to create derivative works of), display and use Customer Content in connection with performing the Services. “Customer Content” means any material uploaded or supplied to MyHVACWeb by Customer, or accessed by MyHVACWeb from Customer, in the course of Customer’s receiving or using the Services, including without limitation, Customer’s information relating to actual or prospective customers of Customer, images, videos, text and data. MyHVACWeb shall have the right to (a) use the Customer Content to contact and communicate with actual and prospective customers of Customer and (b) collect and analyze data and other information relating to the use and performance of various aspects of the Services and related systems and technologies to improve and enhance the Services (during and after the term of this Agreement) and for other development, diagnostic and corrective purposes in connection with the Services and other MyHVACWeb offerings;
- or invite Us to
become a manager of an existing Google My Business Account
- The Google My
Business Account listing is a critical component in Our SEM/SEO program.
By ensuring an accurate Google My Business listing, the Customer's
website will often times appear on the first page of search results very
quickly, usually within one to two weeks. This is not a guarantee since
other factors may come into play that are beyond Our control.
- Including Third-Party Reviews in the MyHVACWeb Review Aggregation System - Star Ratings: MyHVACWeb provides a review and rating system for Customers. MyHVACWeb also uses various methods to collect reviews and ratings from third-party sources. Collecting the data may include the use of APIs and screen scraping technologies. MyHVACWeb will store the reviews it finds on thrid-party sites and it will calculate an average of all of the reviews and ratings that it is able to locate on behalf of the Customer. MyHVACWeb is not responsible for the content of the thrid-party sites. MyHVACWeb will adhere to third-party Terms Of Service where applicable.
term "Confidential Information" means any information or
material which is proprietary to MyHVACWeb, whether or not owned or
developed by MyHVACWeb , which is not generally known other than by
MyHVACWeb, and which Customer may obtain through any direct or indirect
contact with MyHVACWeb. Regardless of whether specifically identified as
confidential or proprietary, Confidential Information shall include any
information provided by MyHVACWeb concerning the business, technology
and information of MyHVACWeb and any third party with which
MyHVACWeb deals, including, without limitation, business records and
plans, trade secrets, technical data, product ideas, contracts, financial
information, pricing structure, discounts, computer programs and listings,
source code and/or object code, copyrights and intellectual property,
inventions, sales leads, strategic alliances, partners, and customer and
client lists. The nature of the information and the manner of disclosure
are such that a reasonable person would understand it to be
reserves the right to terminate an account for any reason. This is to
protect Our interests from overbearing Customers who demand more than
they are entitled to. We run into that, and let's face it: life is too
short to deal with jerks. With our low, low prices and high quality of
service with small margins it just isn't worth it.
ARBITRATION. The parties will attempt to resolve
any dispute arising out of or relating to this Agreement through friendly
negotiations amongst the parties. If the matter is not resolved by
negotiation within 30 days, the parties will resolve the dispute using the
below Alternative (ADR) procedure. Any controversies or disputes arising
out of or relating to this Agreement will be resolved by binding
arbitration under the rules of the American Arbitration Association. The
arbitrator's award will be final, and judgment may be entered upon it by
any court having proper jurisdiction.
WARRANTIES. Neither party makes any warranties
with respect to the use, sale or other transfer of the Authored Work by
the other party or by any third party, and Customer accepts the product
"AS IS." In no event will MyHVACWeb be liable for direct,
indirect, special, incidental, or consequential damages, that are in any
way related to the Authored Work.
NON-EXCLUSIVE LICENSE TO LICENSOR. As of the
effective date, Customer grants back to MyHVACWeb a non-exclusive
royalty-free license to use the Authored Work as MyHVACWeb sees fit,
including for the creation of derivative works; provided, however, this
license shall not limit Csutomer's rights and public rights under this
ENTIRE AGREEMENT. This Agreement contains the
entire agreement of the parties and there are no other promises or
conditions in any other agreement whether oral or written. This Agreement
supersedes any prior written or oral agreements between the parties.
AMENDMENT. This Agreement may be modified or
amended from time to time by MyHVACWeb. We will notify Customer of any
changes in a timely manner.
SEVERABILITY. If any provision of this Agreement
shall be held to be invalid or unenforceable for any reason, the remaining
provisions shall continue to be valid and enforceable. If a court finds
that any provision of this Agreement is invalid or unenforceable, but that
by limiting such provision it would become valid or enforceable, then such
provision shall be deemed to be written, construed, and enforced as so
WAIVER OF CONTRACTUAL RIGHT. The failure
of either party to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that party's right to subsequently
enforce and compel strict compliance with every provision of this
APPLICABLE LAW. This
Agreement shall be governed by the laws of the State of Illinois.
Information" does not include:
- matters of public
knowledge that result from disclosure by MyHVACWeb;
- information rightfully
received by Customer from a third party without a duty of
independently developed by Customer;
- information disclosed
by operation of law;
- information disclosed
by Customer with the prior written consent of MyHVACWeb;
- any other information that
both parties agree in writing is not confidential.