Terms of Service Agreement
Check Your Change Out
Last Updated: April 12, 2025
This Terms of Service Agreement (“Agreement”) is entered into between Check Your Change Out, a [Your Business Type, e.g., LLC, if applicable] operating at CheckYourChangeOut.com (“Company,” “We,” “Us,” or “Our”), and you, the licensed HVAC contractor or company registering an account on our platform (“Contractor,” “You,” or “Your”), collectively referred to as the “Parties.” By creating an account, submitting pricing, checking the box to accept these terms, or otherwise participating in our platform, you agree that this Agreement governs your use of CheckYourChangeOut.com and applies to the account information you provide, including but not limited to your identity, business details, licensing, and service areas (“Account Information”). You acknowledge that your Account Information is accurate and will be kept up-to-date as a condition of this Agreement.
1. Overview of Services
Check Your Change Out operates an online platform that connects homeowners seeking HVAC system change-outs with licensed HVAC contractors offering competitive pricing. We display the three lowest prices per ZIP code for full system change-outs, based on pricing submitted through your account, provided you maintain a minimum 4-star Google review rating and comply with this Agreement.2. Contractor Eligibility and Account Responsibilities
By registering an account and participating in our platform, you represent and warrant that:
- Your Account Information, including but not limited to your business name, licensing details, contact information, and service areas (e.g., ZIP codes and states), is truthful, accurate, and complete.
- You are a licensed HVAC contractor in good standing in all jurisdictions listed in your Account Information.
- You will promptly update your Account Information to reflect any changes, such as licensing status, contact details, or service areas.
- You will maintain a minimum 4-star average rating on Google reviews associated with the business listed in your Account Information.
- You will perform due diligence to verify system sizing and specifications at the homeowner’s property before commencing work, regardless of the service areas listed in your account.
3. Pricing and Add-Ons
By registering an account and participating in our platform, you represent and warrant that:
- Submitted Pricing: Through your account, you agree to submit competitive, honest pricing for full HVAC system change-outs (equipment only) for each ZIP code selected in your Account Information. Pricing must reflect the negotiated price you will honor with homeowners, free of fraud, bait-and-switch tactics, or misrepresentation.
- Add-Ons: Any additional services or components (e.g., ductwork, thermostats) must be negotiated directly with the homeowner at market-standard rates. You agree not to inflate add-on pricing to offset the competitive pricing submitted through your account.
- Price Variations: You are solely responsible for any issues, damages, or disputes arising from price variations or discrepancies after a homeowner selects your services based on your account’s listed pricing.
4. Payment to Check Your Change Out
- You agree to maintain a valid credit card linked to your account.
- A fee [specify amount or “as outlined in our pricing schedule”] will be charged to the credit card on file at the time a homeowner selects your services and you are provided a reference.
- If the credit card transaction fails, your account will be suspended, your pricing removed from display, and the next eligible contractor’s pricing will be shown. You may not resume participation until the payment issue is resolved through your account settings.
- All fees are non-refundable unless otherwise stated.
5. Homeowner Interactions and Liability
- Direct Contracts: Check Your Change Out facilitates connections but is not a party to any agreement between you and the homeowner. You are solely responsible for all contracts, payments, financing arrangements, and services provided to homeowners, as initiated through your account.
- Due Diligence: You must verify system sizing and all relevant specifications before starting work. Check Your Change Out is not responsible for errors in sizing or specifications.
- Warranty and Support: You agree to provide a minimum one-year warranty on all labor performed and assist homeowners with equipment registration, as tied to services offered through your account.
- Damages: You are fully responsible for any damages, losses, or liabilities arising from your services, including but not limited to improper installation, fraud, or failure to honor pricing listed in your account.
6. Compliance and Conduct
- No Fraud: You agree not to engage in fraudulent practices, including misrepresenting pricing, services, or qualifications in your Account Information, or manipulating reviews to maintain eligibility.
- Market Standards: All services and add-ons must align with industry standards and regulations applicable to the jurisdictions listed in your Account Information.
- Removal from Platform: We reserve the right to suspend or terminate your account, without prior notice, if:
- The Google review rating for the business in your Account Information falls below 4 stars.
- We receive verified complaints of fraud, misconduct, or failure to comply with this Agreement tied to your account.
- Your Account Information is found to be inaccurate, outdated, or incomplete (e.g., invalid licensing).
- You fail to maintain valid payment information in your account.
- You violate any other term of this Agreement.
- Upon removal, your account will no longer be displayed to homeowners, and we are not obligated to reinstate it.
7. Review Maintenance
- You are responsible for maintaining a Google review rating above 4 stars for the business listed in your Account Information.
- You agree to address homeowner complaints promptly and professionally to maintain account eligibility.
- Check Your Change Out may investigate complaints submitted through our platform and take action, including account suspension, if warranted.
8. Intellectual Property
All content on CheckYourChangeOut.com, including text, graphics, and software, is owned by Check Your Change Out or its licensors and protected by copyright and trademark laws. You may not use, reproduce, or distribute our content without written permission.
9.Limitation of Liability
To the fullest extent permitted by law:
- Check Your Change Out is not liable for any direct, indirect, incidental, or consequential damages arising from your use of the platform, interactions with homeowners, or services provided through your account.
- We are not responsible for payments, disputes, or contracts between you and homeowners initiated via your account.
- Our total liability to you shall not exceed the fees paid through your account in the preceding 12 months.
10. Indemnification
You agree to indemnify, defend, and hold harmless Check Your Change Out, its affiliates, and employees from any claims, damages, or liabilities arising from your services, breach of this Agreement, or interactions with homeowners, as tied to your Account Information or platform participation.
11. Termination
- You may terminate your account by providing written notice through your account settings or by emailing [support@checkyourchangeout.com].
- We may suspend or terminate your account at any time, with or without cause, by providing notice (or attempting notice if your Account Information is outdated).
- Upon termination, you must cease using the platform, and any outstanding fees linked to your account remain due.
12. Governing Law and Dispute Resolution
- This Agreement is governed by the laws of [Your State, e.g., Texas], without regard to conflict of law principles, regardless of the states listed in your Account Information.
- Any disputes arising under this Agreement shall be resolved in the state or federal courts located in [Your County/City, e.g., Harris County, Texas].
- Both Parties agree to attempt good-faith negotiation or mediation before pursuing legal action.
13. Changes to Terms
We may update this Agreement at our discretion. We will notify you of changes via email or through your account dashboard. Continued use of the platform after changes constitutes your acceptance of the updated terms.
14. Miscellaneous
- Entire Agreement: This Agreement, as applied to your Account Information, constitutes the entire understanding between the Parties, superseding all prior agreements.
- Severability: If any provision is found invalid, the remaining provisions remain enforceable.
- Assignment: You may not assign this Agreement without our written consent. We may assign it freely.
- Force Majeure: We are not liable for delays or failures due to events beyond our control (e.g., natural disasters).
15. Contact Information
For questions or support, contact us at:
Email: [support@checkyourchangeout.com]
By checking the box during registration, submitting Account Information, or using our platform, you acknowledge that you have read, understood, and agree to be bound by this Terms of Service Agreement, and that it applies to the Account Information you provide and maintain.
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