TERMS & CONDITIONS

EverCold

Effective Date: October 29, 2025

These Terms & Conditions (“Terms” or “Agreement”) govern the use of the EverCold website and the provision of HVAC, refrigeration, and related services by EverCold (“EverCold,” “Contractor,” “we,” “our,” or “us”) to you (“Customer,” “you”).

By accessing our website, requesting service, approving an estimate, or allowing work to commence, you agree to be bound by these Terms.

1. Company Information

EverCold
226 Briar Ridge Dr
San Jose, CA 95123
United States

🌐 Website: www.evercold.net
📧 Email: [email protected]

2. Scope of Services

These Terms apply to HVAC, Residential, Commercial, and Refrigeration services, including but not limited to:

- Heating & air conditioning installation

- HVAC and refrigeration repair & maintenance

- Commercial HVAC & refrigeration systems

- Equipment replacement and upgrades

Any additional services must be agreed to in writing.

3. Customer Responsibilities

Customer agrees to:

- Provide access to the property, equipment, and work areas

- Ensure availability of electricity, water, gas, sewer, and utilities, unless otherwise agreed in writing

- Remove or protect personal property near the work area

EverCold is not responsible for damage to:

- Carpets, flooring, furniture, landscaping, driveways, lawns, or personal property unless caused by gross negligence.

Customer is responsible for accurately identifying property lines and boundaries.

4. Estimates, Extra Work & Change Orders

Any work outside the approved scope requires a written Change Order, which must include:

- Description of additional work

- Price increase or decrease

- Impact on timeline or payments

Unforeseen conditions (hidden wiring, ducting, structural issues, code requirements, etc.) may require additional work at Customer’s expense.

5. Plans, Specifications & Permits

- Any plans or specifications become part of this Agreement

- EverCold may assist in obtaining required permits

- Permit fees, inspections, and government-required upgrades are the Customer’s responsibility

If permit authorities require additional work, pricing will be adjusted accordingly.

6. Warranties & Maintenance Requirements

HVAC Installation (Labor Warranty)

- Up to 10 years labor warranty depending on manufacturer and equipment

- Some brands include shorter labor coverage

- Labor warranties may be extended if proper maintenance is performed

To maintain warranty eligibility:

- Customer must perform regular maintenance

- Maintenance may be performed by any California-licensed HVAC contractor

- Labor warranty cannot exceed manufacturer warranty

HVAC & Refrigeration Repairs

- 1-year labor warranty

- Parts covered per manufacturer warranty

Commercial & Refrigeration Equipment

- 3-year labor warranty, unless otherwise stated

- Manufacturer warranty applies to parts and equipment

Cleaning services are not covered by warranty.

7. Subcontractors

EverCold may subcontract portions of the work to properly licensed and insured subcontractors. EverCold remains responsible for contracted work.

8. Delays & Force Majeure

EverCold is not liable for delays caused by:

- Material shortages

- Supply chain disruptions

- Acts of God

- Labor issues

- Government regulations or inspections

Service timelines may be modified or suspended accordingly.

9. Fees, Taxes & Non-Payment

Customer is responsible for:

- All taxes, permit fees, inspections, and utility charges

In the event of non-payment:

- EverCold may suspend or stop work

- Collection costs and legal fees may be charged to Customer

10. Right to Stop Work & Right to Cure

- EverCold may stop work if payments are not timely made

- Customer must provide written notice and allow 10 days to cure any alleged deficiencies before pursuing claims

11. Intellectual Property & Website Use

All website content is owned by EverCold and protected by intellectual property laws. Unauthorized copying or misuse is prohibited.

12. Disclaimer of Warranties

Services and website content are provided “AS IS” and “AS AVAILABLE.”
EverCold disclaims all implied warranties to the fullest extent permitted by law.

13. Limitation of Liability

EverCold shall not be liable for:

- Indirect, incidental, or consequential damages

- Loss of profits, business interruption, or data

Maximum liability shall not exceed the greater of:

- Amount paid in the prior 12 months, or

- $100.00 USD

14. Indemnification

Customer agrees to indemnify and hold EverCold harmless from claims arising from:

- Misuse of services

- Violation of these Terms

- Violation of applicable laws

15. Arbitration & Dispute Resolution

All disputes shall be resolved by binding arbitration in Santa Clara County, California, before one licensed Contractor, Engineer, or Architect.

Arbitration may be administered by ADR Services, Inc. or a mutually agreed arbitrator.

No class actions permitted.

16. Mechanics Lien Warning (California Law)

Anyone who improves your property and is not paid may record a mechanics lien on your property, even if you paid your contractor in full.

To protect yourself:

- Request a list of subcontractors and suppliers

- Pay attention to Preliminary Notices

- Consider joint checks

More information: www.cslb.ca.gov | 800-321-CSLB (2752)

17. Right of Cancellation (California Notice)

You may cancel this transaction within three (3) business days, or seven (7) days for qualifying emergency restoration services.

If work has already been performed, reasonable charges may apply.

18. SMS Communications (If Applicable)

By submitting your phone number, you consent to receive SMS messages related to services.

- Reply STOP to unsubscribe

HVAC, Residential, Commercial, and Refrigeration services,

Example: EverCold Cooling & Heating LLC : Thank you for signing up for updates! Msg freq varies. Msg&Data rates may apply. Reply HELP for help, STOP to cancel.

Example: You have successfully opted in for messages from EverCold Cooling & Heating LLC. Reply STOP to unsubscribe.

You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to

{[email protected] or (408) 639-3139}.

Carriers are not liable for delayed or undelivered messages.

Age Restriction: You must be 18 years or older to participate in our SMS program.

As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our privacy policy: {link to privacy policy}.

- Reply HELP for assistance

- Message & data rates may apply