Maintenance Agreement Terms & Conditions
This Maintenance Agreement Terms and Conditions (“Agreement”) governs the provision of maintenance and related services by Global Heating and Cooling, an Ohio corporation located in Cleveland, Ohio (“Company,” “we,” “us,” or “our”), to you, the member (“Member,” “you,” or “your”), under the selected membership plan. By enrolling in a membership, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Last Updated: December 2025
1. Definitions
For purposes of this Agreement, the following terms have the meanings set forth below:
- Membership: The subscription plan selected by the Member, including Platinum, Gold, Silver, Global Blue, or Global Green, as described in Section 2.
- Services: The maintenance, support, inspection, repair, or other services provided under the selected Membership, as detailed in Section 2.
- Platform: The method, system, or channel through which Services are delivered, which may include in-person services or a customer portal. The specific terms and conditions may vary depending on the Platform used, as outlined in Section 3.
- Term: The duration of the Membership, as specified in Section 4.
- Fees: The amounts payable by the Member for the Membership, as outlined in Section 5.
- Force Majeure Event: Any event beyond the Company’s reasonable control, including but not limited to natural disasters, acts of God, war, terrorism, labor disputes, or government actions.
2. Membership Tiers and Services
The Company offers five Membership tiers, divided into Residential Memberships (Platinum, Gold, Silver) and Commercial Memberships (Global Blue, Global Green). Each tier includes specific Services, benefits, included parts, excluded parts, and limitations. These may vary by Platform (see Section 3). The Company reserves the right to modify Service offerings with thirty (30) days’ written notice to Members.
2.1 Residential Memberships
Residential Memberships are designed for individual or non-commercial clients and include the following tiers:
- Platinum Membership
- Services:
- 2 Free Visits per year (Fall/Spring)
- No Charge for Standard 1" Filters
- No Diagnostic Fee
- No Charge for Tune-Ups: A/C, Furnace, Humidifier, Hot Water Tank, Air Cleaner
- Benefits:
- 15% off Parts (excluding specialized filters)
- 10% off Labor
- Limitations:
- Excludes 5" filters, Wi-Fi enabled thermostats, zone dampers/controls, parts added for ancillary equipment (e.g., humidifiers), complete replacement of heating/cooling units, R-22 refrigerant, and repairs inside furnace or air handler.
- Gold Membership
- Services:
- 2 Free Visits per year (Fall/Spring)
- No Diagnostic Fee
- Included Tune-Ups: Furnace and A/C
- Benefits:
- 10% off Parts (excluding specialized filters)
- 10% off Labor
- 5% off Equipment
- Limitations:
- Excludes 5" filters, Wi-Fi enabled thermostats, zone dampers/controls, parts added for ancillary equipment (e.g., humidifiers), complete replacement of heating/cooling units, R-22 refrigerant, and repairs inside furnace or air handler.
- Silver Membership
- Services:
- 1 Visit per year
- 1 Equipment Tune-Up per year (choice between A/C, Furnace, Boiler, or Hot Water Tank)
- Diagnostic Fee: $95
- Benefits:
- 10% off Parts (excluding specialized filters)
- 10% off Labor
- 10% off Equipment
- Limitations:
- Excludes 5" filters, Wi-Fi enabled thermostats, zone dampers/controls, parts added for ancillary equipment (e.g., humidifiers), complete replacement of heating/cooling units, R-22 refrigerant, and repairs inside furnace or air handler.
- 2.2 Commercial Memberships
Commercial Memberships are designed for businesses or organizations and include the following tiers:
- Global Blue Membership
- Services:
- 2 Free Visits per year (Fall and Spring)
- Standard 1" Filters Included at No Charge
- No Diagnostic Fee
- Benefits:
- 10% off Equipment
- 10% off Materials
- 10% off Labor
- Limitations:
- Limited to HVAC systems up to [Specify Size/Capacity, e.g., 10 tons]. Excludes specialized industrial HVAC equipment.
- Global Green Membership
- Services:
- 2 Free Visits per year (Fall and Spring)
- Benefits:
- 5% off Filters (all types)
- 5% off Equipment
- 5% off Labor
- 5% off Materials
- Limitations:
- Limited to single-site commercial locations. Excludes emergency services outside of normal business hours.
2.3 Parts Included in All Memberships:
- Gas Burner and Orifices
- Automatic Gas Control
- Electric Ignition System
- Thermocouple Generator
- Fan and Limit Controls
- Door Switch
- Vent System Pressure Switch
- Flame Sensor
- Draft Inducer Assembly
- Heat Strips
- Condensate Pump
- Furnace Low Voltage Circuit
- Relay Damper / Motor
- Fan Motor
- Heating Circuit Transformer
- Roll Out Switch
- 1" Furnace Filter
- Pilot Assembly
- Furnace Control Board
- Thermostat (Non-WiFi Enabled)
- Capacitor
- Condenser Fan Motor
- Fan Blade
- Internal Copper Tubing
- Service Valve
- Indoor Evaporator Coil
- Line Disconnect
- Internal Electrical Wiring
- 410A Refrigerant (up to [Specify Amount, e.g., 2 lbs] per service call)
- Pressure Switch
- Cooling Contactor / Relay
- TXV (Thermal Expansion Valve)
- Low Ambient Temperature Sensor
2.4 Parts Excluded from All Memberships:
- Heat Exchanger
- Heating Coil (Air Handler)
- 5" Filters (discount applies)
- Zone Dampers / Controls
- Wi-Fi Enabled Thermostats
- Parts added for ancillary equipment (e.g., humidifiers)
- Complete replacement of heating unit
- R-22 Refrigerant
- Repairs inside furnace or air handler
- Specialized filters (extra charges apply, minus applicable membership discount)
3. Platform-Specific Variations
The delivery of Services and certain terms of this Agreement may vary depending on the Platform used. Platform-specific terms will be communicated to the Member at the time of enrollment or through an addendum to this Agreement. Examples of potential variations include:
- Scheduling of visits initiated through a customer portal may offer more self-service options for appointment times compared to phone scheduling.
- Service history and digital reports may be exclusively accessible through the Company’s online customer portal.
The Company will notify Members of any material Platform-specific variations prior to Service delivery. If a Member utilizes different Platforms during the Term, the terms applicable to each Platform will apply as communicated by the Company.
4. Membership Term and Renewal
Initial Term: The Membership begins on the date of enrollment (“Effective Date”) and continues for one (1) year unless otherwise specified in the enrollment documentation.
Auto-Renewal: Unless terminated in accordance with Section 7, the Membership will automatically renew for successive one-year terms at the then-current rates and terms.
Renewal Notice: The Company will notify Members of renewal terms and Fees at least thirty (30) days prior to the end of the Term. Members may opt out of renewal by providing written notice as specified in Section 7.
5. Payment Terms
Membership Fees: Fees are based on the selected Membership tier and Platform, as communicated at enrollment.
Residential Payment Terms: A 50% deposit is required before the start of any job, with the remaining 50% due upon completion of the services. Payment methods accepted include cash, credit cards, checks, or other methods approved by the Company.
Commercial Payment Terms: Unless otherwise agreed in writing, payment is due by check within thirty (30) days of the invoice date after the Member agrees to the service.
Additional Fees: Members are responsible for any additional fees, such as charges for specialized filters (after applying the membership discount), or services explicitly excluded from their membership plan. Travel fees may apply for service calls outside of [Specify Service Area, e.g., a 30-mile radius of Cleveland].
Late Payments: Payments not received by the due date may incur a late fee of one and a half percent (1.5%) per month or the maximum rate permitted by Ohio law, whichever is lower.
Payment Disputes: Members must notify the Company of any billing disputes within ten (10) days of receiving an invoice or charge notification. Undisputed amounts remain due.
Taxes: Members are responsible for all applicable federal, state, and local taxes associated with the Membership Fees and Services.
Suspension of Service: The Company reserves the right to suspend or discontinue services until the Member’s account is paid in full.
6. Member Obligations
Members agree to:
- Provide accurate and complete information during enrollment and throughout the Term.
- Grant the Company reasonable access to equipment, facilities, or systems necessary to perform Services during normal business hours or as otherwise agreed.
- Ensure a safe working environment for the Company’s personnel.
- Notify the Company promptly of any issues, malfunctions, or changes affecting Service delivery.
- Comply with all applicable laws and regulations related to the use of Services.
- Refrain from modifying, tampering with, or misusing equipment or systems maintained by the Company.
7. Termination and Cancellation
Cancellation by Member: Members may cancel their Residential Membership by providing thirty (30) days’ written notice and Commercial Membership by providing sixty (60) days’ written notice to the Company at [Your Company Email] or [Your Company Address]. Cancellation does not relieve the Member of liability for Fees incurred prior to the effective cancellation date. Refunds, if applicable, are governed by Section 8.
Termination by Company: The Company may terminate the Membership for cause, including but not limited to non-payment or breach of this
Agreement, with ten (10) days’ written notice. The Company may terminate without cause by providing thirty (30) days’ written notice.
Effect of Termination:
Upon termination, the Company will cease providing Services, and the Member will remain liable for any outstanding Fees or charges. Any prepaid Fees are non-refundable except as provided in Section 8.
8. Refunds
Refund Policy: Membership fees are generally non-refundable. However, if the Company terminates the Agreement without cause, a prorated refund for the unused portion of the Membership Term may be provided. No refunds will be issued for cancellation by the Member, except as may be required by Ohio law.
Refund Requests: Refund requests must be submitted in writing to [Your Company Email] within thirty (30) days of the event giving rise to the request. The Company will review requests in accordance with Ohio consumer protection laws, including Ohio Revised Code Section 1333.73.
Prorated Refunds: If a refund is approved by the Company due to termination without cause by the Company, it will be prorated based on the number of full unused months of the Membership Term, less any applicable administrative fees (not to exceed [Specify Percentage or Amount, e.g., 10% or $50]).
9. Limitation of Liability
Cap on Liability: The Company’s total liability for any claim arising from or related to this Agreement, whether in contract, tort, or otherwise, is limited to the total Fees paid by the Member for the Membership in the twelve (12) months preceding the claim.
Exclusion of Damages: To the maximum extent permitted by law, the Company is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, business interruption, or loss of data, even if advised of the possibility of such damages.
Exclusions: The Company is not liable for damages caused by:
- Member negligence, misuse, or failure to follow instructions.
- Third-party actions or equipment not maintained by the Company.
- Force Majeure Events, as defined in Section 12.
10. Warranties and Disclaimers
Service Warranty: The Company warrants that Services will be performed in a professional and workmanlike manner, consistent with industry standards. A two (2) year labor warranty applies to services rendered under this Agreement. This warranty does not apply to parts, which are subject to the manufacturer’s warranty, if any.
Disclaimer: EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET ALL MEMBER EXPECTATIONS.
Third-Party Equipment: The Company does not warrant or guarantee the performance of third-party equipment, parts, or systems, even if maintained under this Agreement.
Compliance with Ohio Law: The Company will perform its services in compliance with applicable Ohio laws and regulations, including Ohio Admin Code 4101:8-14-01 (Heating and Cooling), Rule 173-3-06.3 (Act Home Modification), Rule 4781-6-03.5, and Ohio Admin Code 4101:8-16-01 (Duct Systems).
11. Dispute Resolution
Governing Law: This Agreement and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles.
Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement shall be resolved by binding arbitration in Cleveland, Ohio, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding. Each party shall bear its own costs and attorney’s fees, unless otherwise determined by the arbitrator. This arbitration clause does not preclude either party from seeking injunctive relief in a court of competent jurisdiction to prevent irreparable harm.
Jurisdiction: If arbitration is not applicable, any legal action or proceeding arising from this Agreement shall be brought exclusively in the state or federal courts located in Cuyahoga County, Ohio. Both parties irrevocably consent to the jurisdiction and venue of such courts.
12. Force Majeure
The Company shall not be liable for any delay or failure to perform Services due to a Force Majeure Event, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, supply chain disruptions, government actions, or power outages. The Company will notify Members of any Force Majeure Event and resume Services as soon as reasonably practicable.
13. Confidentiality
Confidential Information: Any non-public information provided by one party to the other in connection with this Agreement (e.g., Member data, Company pricing, or Service protocols) shall be treated as confidential.
Obligations: Both parties agree not to disclose Confidential Information to third parties without prior written consent, except as required by law or to perform Services.
Survival: This obligation survives termination of the Agreement for two (2) years.
14. Miscellaneous
Entire Agreement: This Agreement, including any Platform-specific addendums, constitutes the entire understanding between the Company and the Member, superseding all prior or contemporaneous agreements, whether written or oral.
Amendments: The Company may amend this Agreement by providing thirty (30) days’ written notice to Members. Continued use of Services after such notice constitutes acceptance of the amended terms.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Indemnification: To the fullest extent permitted by law, the Member agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) the Member’s breach of this Agreement, (b) the Member’s misuse of the Services or equipment, or (c) the Member’s negligence or willful misconduct. The Company agrees to indemnify, defend, and hold harmless the Member from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Company’s gross negligence or willful misconduct in performing the Services.
Waiver: No waiver of any term or condition shall be deemed a continuing waiver unless expressly stated in writing.
Assignment: Members may not assign or transfer their Membership or rights under this Agreement without the Company’s prior written consent. The Company may assign this Agreement to a successor in interest in the event of a merger, acquisition, or sale of assets.
Notices: All notices required under this Agreement shall be in writing and delivered to:
For the Company: Global Heating and Cooling
15125 Shore Acres Dr.
Cleveland, Ohio 44110
Email: office@goglobalman.com
Phone: (770) 817-3760
For the Member: The contact information provided at enrollment.
Notice of Change: The Member agrees to promptly notify the Company of any changes to their contact information, including mailing address, email address, and phone number. The Company will notify Members of any changes to these Terms and Conditions as provided herein.
Electronic Communications: Members consent to receive notices, updates, and other communications from the Company electronically, including via email or through the Platform.
Independent Contractor: The Company is an independent contractor, and nothing in this Agreement creates a partnership, joint venture, or employment relationship between the parties.
15. Privacy Policy and SMS Communications
This Section governs how Global Heating and Cooling (“Company,” “we,” “us,” or “our”) collects, uses, protects, and communicates with Members through digital platforms, including email, SMS messaging, and customer portals. By enrolling in a Membership and providing your personal information, you consent to the practices described in this Section.
The Company is committed to protecting the privacy and confidentiality of Member information. Our full Privacy Policy, outlining how we collect, use, store, disclose, and safeguard your information—including data collected through our Platform, service visits, scheduling systems, payment processing, and customer portal—is available at:
15.2 Information We Collect
We may collect the following types of information:
- ·Full name and contact information (phone number, email address, mailing address)
- ·Payment information (processed securely through approved systems)
- ·Service history, equipment information, and site-specific details
- ·Scheduling and appointment data
- ·Communications, including emails, SMS messages, and customer service notes
15.3 How Information Is Used
Your information may be used for the following purposes:
- ·Scheduling, delivering, and confirming maintenance and repair services
- ·Sending appointment reminders, follow-up notifications, and operational updates
- ·Processing payments, managing invoices, and performing billing functions
- ·Providing customer support and responding to service inquiries
- ·Maintaining internal service records and warranties
- ·Facilitating access to our customer portal
- ·Compliance with local, state, and federal regulations, including applicable Ohio laws
15.4 How We Protect Information
We use appropriate physical, technical, and administrative safeguards—including encryption, multi-level access controls, and confidentiality obligations for employees and contractors—to protect Member information from unauthorized access, disclosure, alteration, or misuse.
15.5 Use of Phone Numbers / SMS Consent
Phone numbers collected for SMS consent will not be shared, sold, rented, or transferred to third parties for marketing purposes.
Phone numbers are used only for service-related and Company-authorized communications.
15.6 Use of Data for Internal Operations
Your information may also be used for internal business functions, including:
- Improving service quality
- Maintaining internal performance analytics
- Training personnel
- Updating membership records
- Providing digital receipts, service reports, or maintenance history
Your information is not used for unrelated third-party marketing or unauthorized distributions.
15.7 SMS Communications (Service & Marketing Messages)
By providing your mobile number and opting in to SMS messaging, you consent to receive automated and non-automated text messages from Global Heating and Cooling. These communications may include service reminders, confirmations, promotional offers, and urgent notifications relating to your Membership.
Message frequency may vary depending on the services you request, scheduled appointments, or Company operations.
15.8 Types of SMS Messages
You may receive the following types of SMS messages:
- Appointment confirmation and reminders
- Technician arrival updates
- Post-service follow-up messages
- Billing or payment reminders
- Membership renewal notifications
- Safety alerts or urgent service-related notices
- Promotional offers or discounts (if applicable and only with consent)
Example Message:
“Global Heating & Cooling: Reminder of your scheduled service on [Date] at [Time]. Reply STOP to unsubscribe.”
15.9 Message Frequency
Message frequency varies based on:
- Number of services scheduled
- Maintenance cycles
- Promotional campaigns (only if opted in)
- Emergency updates
15.10 SMS Fees and Carrier Charges
Standard message and data rates may apply. Rates may vary for domestic and international carriers depending on your mobile plan
15.11 Opt-In Methods
You may opt in to SMS communications by any of the following methods:
- Verbally consenting during a call or in-person service
- Submitting consent via an online form or customer portal
- Filling out a paper service agreement or membership form
- Checking the SMS consent box during Membership enrollment
By opting in, you confirm that the mobile number provided belongs to you and is accurate.
15.12 Opt-Out Methods
You may opt out of SMS messaging at any time by:
- Replying “STOP” to any message
- Emailing us at office@goglobalman.com
- Calling 216-797-1230 and requesting removal
After opting out, you will receive a final message confirming you have been unsubscribed. No further messages will be sent unless you re-opt in.
15.13 HELP Instructions
To get assistance with SMS messaging:
- Reply “HELP” to any SMS message,
or
- Contact us at:
Email: office@goglobalman.com
Phone: (216) 797-1230
Website: www.goglobalman.com
15.14 Additional Options
If you do not wish to receive SMS communications, simply do not opt in or do not check the SMS consent box on forms. You may still receive service emails unless you request full communication restrictions.
15.15 Standard Messaging Disclosures
- Message and data rates may apply.
- You may opt out at any time by texting “STOP.”
- For help, reply “HELP.”
- Message frequency varies.
- SMS participation is not required to receive services.
- Links to the Company’s Privacy Policy and Terms & Conditions will be provided on request and through digital forms.
15.16 Consent to Electronic Communications
By enrolling in a Membership, accessing our Platform, or receiving services, you consent to receive electronic communications including:
- Email notices
- Service confirmations
- Appointment reminders
- Billing and payment updates
- Policy updates
- Electronic versions of legally required notices
Electronic notices are deemed delivered when sent to the email or mobile number you provided.
Contact Information
For questions, support, privacy requests, or SMS communication issues, please contact:
15125 Shore Acres Dr.
Cleveland, Ohio 44110
Email:
office@goglobalman.com
Phone: (216) 797-1230
© 2025 Global Heating and Cooling. All rights reserved.
