Terms & Conditions

1. Welcome

Welcome to Always There Air! These terms and conditions outline the rules and regulations for the use of Always There Air's Website, services, and SMS messaging program, located at https://alwaysthereairtx.com.

By accessing this website, scheduling our services, or opting in to our SMS messaging program, we assume you accept these terms and conditions. Do not continue to use Always There Air's services if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice and all Agreements: "Client," "You," and "Your" refers to you, the person accessing this Website and accepting the Company's terms and conditions. "The Company," "Ourselves," "We," "Our," and "Us" refers to Always There Air. "Party," "Parties," or "Us" refers to both the Client and ourselves.

2. Services

Always There Air provides residential and commercial heating, ventilation, and air conditioning (HVAC) services, including but not limited to:

• HVAC system installation and replacement
• Heating and air conditioning repair
• Preventive maintenance and tune-ups
• Indoor air quality services
• Ductwork inspection, repair, and replacement
• Emergency HVAC services

All services are provided by licensed and insured technicians under Texas HVAC License #TACLA143451E. Service scheduling, pricing, and availability are subject to change. Estimates are provided based on the information available at the time of inspection and may be adjusted if additional work is required.

3. SMS Messaging Program — Always There Air SMS

By opting in to the Always There Air SMS messaging program, you agree to the following terms specific to text message communications:

Program Name & Message Types

The name of our SMS program is Always There Air SMS. The program sends two distinct categories of messages:

• Transactional/Service Messages: Appointment confirmations, technician dispatch updates, service reminders, quote confirmations, invoice notifications, follow-up communications, and customer support responses related to your active service relationship with Always There Air.
• Marketing/Promotional Messages: Seasonal HVAC maintenance reminders, special offers, discounts, and new service announcements. These messages are only sent to customers who have provided express marketing consent and are separate from transactional messages.

Opt-In

You may opt in to receive SMS messages from Always There Air by submitting a form on our Website that includes the SMS consent checkbox, providing your phone number during a phone call, or by texting our business number directly. By opting in, you agree to receive recurring messages at the number provided. Consent is not a condition of purchase.

Opt-Out Instructions

You can opt out of the Always There Air SMS program at any time by replying STOP to any message you receive from us. After replying STOP, you will receive one confirmation message acknowledging your opt-out, and you will not receive any further SMS messages from us.

Rejoining Instructions

If you have previously opted out and would like to resume receiving SMS messages from Always There Air, you may text START or UNSTOP to our business number, or opt in again by completing a form on our Website with the SMS consent checkbox.

Help & Support

For help with the Always There Air SMS program, reply HELP to any message you receive, email us at [email protected], or call (817) 657-8409.

4. Scheduling, Cancellations & Refunds

Service appointments may be scheduled by phone, through our Website, or via SMS. We require a minimum of 24 hours' notice for non-emergency cancellations. Emergency services are available 24/7. Refund eligibility depends on the type of service provided and will be determined on a case-by-case basis in line with our 100% satisfaction guarantee.

5. Payment Terms

Payment is due upon completion of service unless prior financing arrangements have been agreed upon in writing. We accept major credit cards, debit cards, electronic transfers, and approved financing. Financing is subject to credit approval through our third-party financing partners.

6. Warranties

Always There Air provides workmanship warranties on all installation and repair services performed. Manufacturer warranties on equipment are passed through to the customer and governed by the equipment manufacturer's terms. Specific warranty details for your service will be provided on your invoice.

7. License

Unless otherwise stated, Always There Air and/or its licensors own the intellectual property rights for all material on the Always There Air Website. All intellectual property rights are reserved. You may access this material from the Website for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from this Website without permission
• Sell, rent, or sub-license material from the Website
• Reproduce, duplicate, or copy material from the Website for commercial use
• Redistribute content from the Website

8. User Comments & Content

Parts of this Website may offer an opportunity for users to post and exchange opinions, reviews, and information. Always There Air does not filter, edit, publish, or review comments prior to their presence on the Website. Comments do not reflect the views and opinions of Always There Air, its agents, or affiliates.

You warrant and represent that:

• You are entitled to post comments on our Website and have all necessary licenses and consents to do so
• The comments do not invade any intellectual property right, including copyright, patent, or trademark of any third party
• The comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material
• The comments will not be used to solicit or promote business or unlawful activity

9. Hyperlinking to Our Content

The following organizations may link to our Website without prior written approval: government agencies, search engines, news organizations, and online directory distributors. These organizations may link to our home page, publications, or other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

10. Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time.

11. Removal of Links from Our Website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links but are not obligated to do so or to respond to you directly.

12. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our Website and the use of this Website. Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury
• Limit or exclude our or your liability for fraud or fraudulent misrepresentation
• Limit any of our or your liabilities in any way that is not permitted under applicable law
• Exclude any of our or your liabilities that may not be excluded under applicable law

The limitations and prohibitions of liability set in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.

13. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Texas, United States. Any disputes arising under or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Tarrant County, Texas.

14. Changes to These Terms

Always There Air reserves the right to update or modify these Terms and Conditions at any time without prior notice. The updated version will be indicated by an updated "Last Updated" date at the top of these terms. Your continued use of our Website and services following any changes constitutes your acceptance of the revised terms.

15. Legal Compliance Note

These Terms and Conditions are designed to comply with applicable U.S. federal and Texas state laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, CTIA Messaging Principles and Best Practices, and A2P 10DLC messaging requirements. By using our services, you acknowledge that you have read, understood, and agree to be bound by these terms.

16. Contact Us