Terms of Service

These Terms of Service (“Terms”) govern your use of services provided by HVAC Growth (“we,” “our,” or “us”), a Canadian-based digital marketing agency specializing in HVAC contractors. By engaging our services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. Please read them carefully.

If you do not agree to these Terms, do not engage our services. By signing a service agreement, booking a consultation, or making payment, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Services Provided

HVAC Growth provides comprehensive digital marketing services specifically designed for HVAC contractors operating in Canada. Our services include, but are not limited to:

• • Website design, development, and hosting
• • Search Engine Optimization (SEO) and Local SEO
• • Google Ads, PPC, and Local Service Ads management
• • Social media marketing and management
• • Reputation management and review generation
• • Lead magnets and email automation
• • Blog content creation and automation
• • Call tracking, analytics, and reporting

Specific services, deliverables, timelines, and pricing are outlined in your individual Service Agreement or Statement of Work, which forms part of these Terms.

2. Exclusive Territory Policy

We operate on an exclusive territory model. Once you engage our services for a specific geographic service area (city, postal code area, or service area), we will not work with any other HVAC company in that service area for the duration of your active engagement and for a period of 12 months following termination.

Territory Exclusivity Includes:

• • Exclusive rights to our marketing systems in your defined service area
• • Protection from competing clients using our services in your service area
• • Dedicated SEO, advertising, and lead generation strategies for your market

Multi-location companies may secure multiple territories. Pricing and terms for additional territories are outlined in your Service Agreement.

3. Payment Terms

3.1 Pricing and Billing

Monthly fees are determined by your Service Agreement and may vary based on territory size, service scope, and multi-location discounts. All prices are in Canadian Dollars (CAD) unless otherwise specified.

3.2 Payment Schedule

Services are billed monthly in advance. Payment is due on the first day of each billing cycle. We accept payment via credit card, bank transfer, or other methods specified in your Service Agreement.

3.3 Setup Fees

A one-time setup fee may apply for initial website development, campaign setup, and system integration. This fee is non-refundable and payable upon signing your Service Agreement.

3.4 Ad Spend

Paid advertising budgets (Google Ads, Facebook Ads, etc.) are managed separately and paid directly to the advertising platforms. We do not mark up ad spend. Our management fees are separate from ad budgets.

3.5 Late Payments

Accounts unpaid 10 days past due may incur a late fee of 2% per month (26.82% annually) or the maximum allowed by Canadian law, whichever is less. Services may be suspended for non-payment after 15 days past due.

4. Refund Policy

Important: All fees are non-refundable once services have commenced.

4.1 No Refunds for Services Rendered

Due to the nature of our services—which involve professional time, expertise, strategic planning, content creation, and work product delivery—all fees paid are non-refundable once work has commenced. We are not a software-as-a-service (SaaS) product; we provide done-for-you marketing services where hours invested and work completed cannot be recovered.

Non-refundable items include:

• • Setup fees (non-refundable upon signing and commencement of work)
• • Monthly service fees (non-refundable once the billing period begins)
• • Ad management and campaign optimization fees for work performed
• • Custom website development, design, and content creation
• • SEO audits, keyword research, and optimization work
• • Any services delivered, hours logged, or work completed

4.2 Early Termination and Setup Fees

As outlined in Section 5.3, if you terminate services before the minimum commitment period ends, you may be subject to an early termination fee. Setup fees remain non-refundable regardless of when termination occurs, as these cover initial work, strategy development, account setup, and system configuration that cannot be undone.

4.3 Unused Ad Spend

Advertising budgets (Google Ads, Facebook Ads, etc.) are paid directly to the advertising platforms, not to us. Any unused ad budget remaining in your advertising accounts at termination remains yours and is managed according to the policies of those platforms. We do not provide refunds for ad spend, as we do not collect or control these funds.

4.4 Service Delivery Exceptions

In the rare event that we are unable to commence or deliver contracted services due to our fault (not due to client delays, lack of cooperation, or external factors), and the issue cannot be remedied within a reasonable timeframe, we may, at our sole discretion, issue a prorated refund for services not yet performed.

Refunds will NOT be issued for:

• • Dissatisfaction with results (marketing outcomes are not guaranteed)
• • Changes in your business circumstances or budget
• • Failure to provide required materials, approvals, or cooperation
• • Third-party platform changes (Google algorithm updates, etc.)
• • Client-initiated early termination during the commitment period
• • Buyer’s remorse or change of mind after work has begun

4.5 Chargebacks and Disputes

Initiating a chargeback or payment dispute without first attempting to resolve the issue directly with us is considered a material breach of these Terms. Chargebacks will result in immediate suspension of services, potential legal action to recover fees and costs, and forfeiture of all work product and access. We encourage open communication and will work in good faith to address any concerns before disputes escalate.

5. Service Term and Commitment

5.1 Minimum Commitment

Most services require a minimum commitment period of 6 months. This allows adequate time for SEO strategies to mature, campaigns to optimize, and sustainable results to develop. The specific commitment period is outlined in your Service Agreement.

5.2 Automatic Renewal

After the initial commitment period, services automatically renew on a month-to-month basis unless either party provides 30 days’ written notice of intent to terminate.

5.3 Early Termination

If you terminate services before the minimum commitment period ends, you may be subject to an early termination fee as outlined in your Service Agreement. Setup fees and any work completed remain non-refundable.

6. Client Responsibilities

To ensure effective service delivery, you agree to:

• • Provide accurate business information, branding materials, and content as requested
• • Respond to requests for feedback, approvals, and materials in a timely manner
• • Maintain active business licenses and operate in compliance with all applicable laws
• • Grant necessary access to accounts (Google Business Profile, social media, analytics, etc.)
• • Notify us immediately of any changes to your business operations or contact information
• • Follow up with leads generated through our marketing efforts in a professional manner

Delays in providing required materials or approvals may impact project timelines. We are not responsible for delays caused by client non-responsiveness.

7. Results and Performance

7.1 No Guaranteed Results

While we employ proven strategies and best practices, digital marketing outcomes depend on numerous factors beyond our control, including market competition, search engine algorithm changes, seasonal demand, and your business’s reputation and service quality. We do not guarantee specific rankings, traffic volumes, lead quantities, or revenue outcomes.

7.2 Performance Expectations

SEO and organic marketing strategies typically require 3-6 months to show significant results. Paid advertising campaigns may generate leads more quickly but require ongoing optimization. We provide regular reporting and transparent communication about campaign performance.

7.3 Third-Party Platforms

Our services depend on third-party platforms (Google, Facebook, etc.) that we do not control. Changes to platform policies, algorithms, or features may impact campaign performance. We will adapt strategies as needed but are not liable for disruptions caused by third-party platform changes.

8. Intellectual Property

8.1 Client-Provided Materials

You retain ownership of all materials, logos, branding, photos, and content you provide to us. By providing these materials, you grant us a non-exclusive license to use them for the purpose of delivering our services.

8.2 Work Product

Upon full payment, you own the final website, content, and materials we create specifically for your business. However, we retain ownership of our proprietary systems, templates, methodologies, tools, and any work products that can be reused for other clients.

8.3 Portfolio Rights

We reserve the right to use your project as a case study or portfolio piece unless you specifically request confidentiality in writing.

9. Privacy and Data Protection

We are committed to protecting your privacy and personal information in compliance with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy legislation.

Data Handling Practices:

• • We collect only information necessary to provide our services
• • Client data is stored securely and not shared with third parties without consent
• • Analytics and lead data is used solely for service delivery and reporting
• • You have the right to access, correct, or request deletion of your personal information

For detailed information about our privacy practices, please refer to our Privacy Policy available at the links in our website footer.

10. Limitation of Liability

To the maximum extent permitted by Canadian law:

• • Our total liability for any claim arising from our services shall not exceed the total amount paid by you to us in the 12 months preceding the claim
• • We are not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, or lost business opportunities
• • We are not responsible for losses caused by factors beyond our reasonable control, including but not limited to internet outages, third-party platform failures, search engine algorithm changes, or client business performance
• • We are not responsible for the quality or legality of leads generated or for your interactions with potential customers

11. Warranties and Disclaimers

11.1 Our Warranties

We warrant that services will be performed in a professional and workmanlike manner consistent with industry standards. We make reasonable efforts to ensure websites are functional, secure, and optimized for performance.

11.2 Disclaimers

Except as expressly stated in these Terms, all services are provided “as is” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

12. Termination

12.1 Termination by Either Party

After the initial commitment period, either party may terminate services with 30 days’ written notice.

12.2 Termination for Cause

We may immediately terminate services if you: (a) breach these Terms, (b) fail to pay amounts due within 15 days past due, (c) engage in fraudulent, illegal, or unethical business practices, or (d) abuse or harass our team members.

12.3 Effect of Termination

Upon termination:

• • You remain responsible for all fees incurred up to the termination date
• • We will provide you with access credentials and export data where applicable
• • Website hosting will continue for 30 days to allow for migration (if applicable)
• • Advertising campaigns will be paused or transferred as directed
• • We retain the right to use work products for our portfolio unless otherwise agreed

13. Dispute Resolution

13.1 Good Faith Negotiation

In the event of any dispute, both parties agree to first attempt to resolve the matter through good faith negotiation and direct communication.

13.2 Mediation

If negotiation fails, disputes will be submitted to mediation under the rules of the ADR Institute of Canada before pursuing legal action.

13.3 Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Both parties submit to the exclusive jurisdiction of the courts located in Ontario, Canada.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email with at least 30 days’ notice. Continued use of our services after changes take effect constitutes acceptance of the updated Terms. Your Service Agreement remains in effect under the terms agreed upon at signing unless mutually amended in writing.

15. General Provisions

15.1 Entire Agreement

These Terms, together with your Service Agreement, constitute the entire agreement between you and HVAC Growth and supersede all prior agreements, understandings, and communications.

15.2 Severability

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

15.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity in the event of a merger, acquisition, or sale of assets.

15.4 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Questions About These Terms?

If you have any questions or concerns about these Terms of Service, please contact us before engaging our services.

HVAC Growth

Email: [email protected]

Website: www.hvacgrowth.ca

By engaging HVAC Growth’s services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.