Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Peak Comfort ("Company," "we," "our," or "us"). By accessing or using the Peak Comfort website (www.peakcomfort.com), engaging our HVAC services, or otherwise interacting with us, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or services. These Terms supplement and do not replace any written service agreement, proposal, or contract you may enter into with us for specific services.

Services Provided

Peak Comfort provides residential and commercial HVAC services in Colorado's Northern Front Range, including but not limited to:

• Heating system installation, repair, maintenance, and replacement (furnaces, boilers, heat pumps)
• Air conditioning installation, repair, maintenance, and replacement (central AC, heat pumps)
• Heat pump system installation, service, and optimization
• Water heater installation, repair, and replacement (tank, tankless, gas, electric)
• HVAC system maintenance, tune-ups, and preventative care
• Indoor air quality assessments and solutions
• Ductwork inspection, repair, and modification
• Thermostat installation and programming
• Energy efficiency evaluations and upgrades
• Emergency HVAC services
• Consultations, estimates, and system recommendations

Services are subject to availability, technician scheduling, equipment availability, and compliance with local building codes and regulations. We reserve the right to refuse service at our discretion.

Use of Website

Permitted Use

You may use our website for lawful purposes only and in accordance with these Terms. You agree not to:

• Use the website in any way that violates any applicable federal, state, or local law or regulation
• Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Impersonate or attempt to impersonate Peak Comfort, our employees, contractors, or any other person or entity
• Engage in any conduct that restricts, inhibits, or interferes with anyone's use or enjoyment of the website
• Introduce viruses, trojans, worms, malware, or other malicious or technologically harmful code
• Attempt to gain unauthorized access to our systems, networks, or data
• Use automated tools (bots, scrapers) to access or collect data from the website without permission
• Reverse engineer, decompile, or disassemble any portion of the website
• Use the website for any commercial purpose without our express written consent

Account Responsibility

If you create an account on our website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your account information.

Quotes, Estimates, and Proposals

All quotes, estimates, and proposals provided by Peak Comfort are:

• Preliminary: Based on information provided and subject to verification during on-site inspection
• Valid for Limited Time: Typically valid for 30 days unless otherwise specified; pricing may change due to equipment costs, supply chain issues, or other factors
• Subject to Change: May be adjusted if unforeseen circumstances, additional work, hidden damage, or code violations are discovered during service
• Not a Contract: A quote or estimate does not constitute a binding contract until accepted by both parties and documented in a service agreement or work order

We will communicate any changes to pricing or scope of work to you before proceeding. Additional charges may apply for work beyond the original scope, emergency services outside normal hours, or expedited service requests.

Scheduling and Appointments

Service Scheduling

Service appointments are scheduled based on technician availability and service area routing. We will make commercially reasonable efforts to arrive during the agreed-upon time window. However, delays may occur due to weather, traffic, equipment availability, or earlier jobs taking longer than expected. We will notify you as soon as possible if significant delays are anticipated.

Cancellations and Rescheduling

Cancellation and rescheduling policies:

• Customer Cancellations: Must provide at least 24 hours' notice to avoid cancellation fees
• Late Cancellations: Cancellations with less than 24 hours' notice may be subject to a cancellation fee of $75-$150
• No-Shows: Failure to be present for a scheduled appointment or provide access may result in a no-show fee and forfeiture of any deposits
• Company Cancellations: We may cancel or reschedule appointments due to weather, emergencies, or technician unavailability; no fees will apply
• Rescheduling: You may reschedule appointments with reasonable notice at no charge

Property Access and Customer Obligations

By engaging our services, you agree to:

• Provide safe access to all areas where HVAC work will be performed
• Provide accurate gate codes, lockbox codes, or other access information
• Remove or secure pets that may interfere with or pose a danger to technicians
• Clear work areas of personal belongings, furniture, or obstacles
• Provide access to electrical panels, gas lines, and utility shutoffs as needed
• Disclose any known hazards, including asbestos, mold, or structural issues
• Be present or authorize someone to be present for service appointments requiring decisions or approvals
• Provide timely responses to questions or requests for information

If access is not provided or conditions are unsafe, we reserve the right to reschedule the appointment, and cancellation fees may apply. We are not responsible for delays caused by customer failure to meet these obligations.

Payment Terms

Payment terms and conditions:

• Payment Due: Payment is due upon completion of services unless otherwise agreed upon in writing
• Accepted Methods: Cash, check, major credit cards, debit cards, and approved financing options
• Deposits: For large projects or equipment orders, we may require a deposit of 25-50% before work begins or equipment is ordered; deposits are non-refundable once equipment is ordered
• Progress Payments: For multi-day projects, progress payments may be required at specified milestones
• Late Payments: Invoices not paid within 30 days are subject to a late fee of 1.5% per month (18% annual percentage rate) or the maximum allowed by law
• Collection Costs: Customer is responsible for all collection costs, including attorney fees, if legal action is required to collect payment
• Service Refusal: We reserve the right to refuse future service if previous invoices are outstanding
• Credit Card Authorization: By providing credit card information, you authorize us to charge your card for services rendered

Pricing and Additional Charges

Pricing and fees include:

• Diagnostic/Service Call Fees: May be charged for service visits and are typically applied toward repair costs if work is authorized
• After-Hours/Emergency Service: Emergency service outside normal business hours may be subject to premium rates (typically 1.5-2x standard rates)
• Weekend/Holiday Service: Service on weekends or holidays may incur additional charges
• Travel Fees: May apply for locations outside our primary service area
• Permit Fees: Required permits for installations are the customer's responsibility unless otherwise agreed
• Disposal Fees: Old equipment disposal fees may apply
• Materials and Supplies: All parts, materials, and supplies are charged in addition to labor unless specified as inclusive

Warranties and Guarantees

Labor Warranty

Peak Comfort provides a warranty on labor performed, typically ranging from 90 days to 1 year depending on the type of service. The specific warranty period will be stated on your invoice or service agreement. Our labor warranty covers defects in workmanship but does not cover normal wear and tear, misuse, neglect, or damage caused by third parties.

Equipment Warranty

Equipment and parts are covered by the manufacturer's warranty. Warranty terms, duration, and coverage vary by manufacturer and equipment type. We will assist you with warranty claims but are not responsible for manufacturer warranty limitations or denials. Some manufacturers require registration for full warranty coverage—you are responsible for completing registration.

Satisfaction Guarantee

We stand behind our work with a satisfaction guarantee. If you are not satisfied with our service, please contact us within 7 days, and we will work with you to resolve the issue. Our satisfaction guarantee does not include refunds for services already rendered but may include corrective work at no additional charge if the original work was defective.

Warranty Exclusions

Warranties do not cover:

• Damage caused by acts of God, natural disasters, extreme weather, or power surges
• Damage caused by customer misuse, neglect, or failure to maintain equipment
• Modifications, alterations, or repairs performed by unauthorized third parties
• Normal wear and tear, consumable items (filters, batteries, etc.)
• Pre-existing conditions or defects not caused by our work
• Consequential or incidental damages (e.g., water damage, property damage)
• Equipment not maintained according to manufacturer recommendations

Disclaimers and Limitation of Liability

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR A WRITTEN SERVICE AGREEMENT, PEAK COMFORT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WEBSITE CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PEAK COMFORT, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF OUR WEBSITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SPECIFIC SERVICE IN QUESTION, OR $500, WHICHEVER IS GREATER.

No Liability for Consequential Damages

We are not liable for consequential or incidental damages resulting from HVAC service or equipment issues, including but not limited to:

• Property damage, water damage, or structural damage not directly caused by our negligence
• Loss of business, income, or profits
• Discomfort or inconvenience due to equipment downtime
• Food spoilage or other perishable goods
• Hotel or temporary housing costs
• Damage to landscaping, driveways, or other property necessary to access equipment

Permits and Code Compliance

We will make reasonable efforts to perform all work in compliance with applicable building codes, safety regulations, and industry standards. However, you are ultimately responsible for ensuring all necessary permits are obtained and that work meets local requirements. We will assist with permit applications if requested, but permit fees and approval delays are your responsibility. If code violations or unpermitted work is discovered during service, additional costs may be required to bring systems into compliance.

Emergency Services

Emergency services may be available outside normal business hours. Emergency service requests are prioritized based on safety concerns and severity. Emergency rates apply to after-hours, weekend, and holiday service calls. We will make reasonable efforts to respond promptly to emergencies, but response times are not guaranteed. For life-threatening emergencies involving gas leaks, carbon monoxide, or fire, immediately call 911 and your utility company before contacting us.

Intellectual Property

All content on this website, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Content"), is the exclusive property of Peak Comfort or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, transmit, reuse, republish, or use any Content for public or commercial purposes without express written permission from Peak Comfort. The Peak Comfort name and logo are trademarks of Peak Comfort. Unauthorized use of our trademarks is strictly prohibited.

User-Generated Content

By submitting reviews, testimonials, feedback, photos, videos, or other content to our website or social media:

• You grant Peak Comfort a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for marketing, promotional, and business purposes
• You represent that you own or have the right to submit such content and grant these rights
• You waive any moral rights or rights of publicity regarding such content
• You acknowledge that we may edit or remove content at our discretion
• You agree not to submit content that is unlawful, defamatory, obscene, or infringes on third-party rights

Indemnification

You agree to indemnify, defend, and hold harmless Peak Comfort, its owners, officers, employees, contractors, agents, suppliers, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (1) your use of our website or services; (2) your violation of these Terms; (3) your violation of any third-party rights, including intellectual property, privacy, or proprietary rights; (4) any misrepresentation or breach of warranties made by you; (5) your failure to provide safe property access or disclose known hazards; (6) your interference with our technicians or work performance.

Insurance

Peak Comfort maintains general liability insurance and workers' compensation insurance as required by law. However, you are responsible for maintaining your own homeowner's or property insurance. We recommend verifying with your insurance company that HVAC work and any potential related damages are covered by your policy. We are not responsible for coordinating with or filing claims with your insurance company.

Subcontractors

We reserve the right to use qualified subcontractors or partners to perform certain services. All subcontractors are required to meet our standards and comply with applicable laws and regulations. We remain responsible for work performed by our subcontractors.

Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, severe weather, pandemics, war, terrorism, civil unrest, labor disputes, government actions, equipment failures, supply chain disruptions, utility failures, or other circumstances beyond our control. In such events, our obligations will be suspended for the duration of the force majeure event.

Dispute Resolution and Arbitration

Informal Resolution

Before pursuing formal dispute resolution, you agree to first contact us to attempt to resolve the dispute informally. Please send written notice of your dispute to info@peakcomfort.com or call (720) 897-1906. We will work in good faith to resolve the dispute within 30 days.

Binding Arbitration

If informal resolution is unsuccessful, any disputes, claims, or controversies arising from or relating to these Terms, our services, or your relationship with Peak Comfort shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Colorado. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction. You agree to waive any right to a jury trial or to participate in a class action.

Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court to protect intellectual property rights or prevent irreparable harm. Small claims court actions within its jurisdictional limits are also exempt from mandatory arbitration.

Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Colorado, and you consent to the personal jurisdiction of such courts.

Changes to Terms

We reserve the right to modify, amend, or update these Terms at any time at our sole discretion. Changes will be effective immediately upon posting to our website with an updated "Last Updated" date. Material changes may be communicated via email or website notice. Your continued use of our website or services after changes are posted constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically. If you do not agree to modified Terms, you must stop using our website and services.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms, together with our Privacy Policy and any written service agreements or proposals, constitute the entire agreement between you and Peak Comfort regarding the use of our website and services, superseding any prior agreements, communications, or understandings (whether oral or written) regarding the subject matter herein.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

Survival

The following sections shall survive termination or expiration of these Terms: Payment Terms, Warranties and Guarantees, Disclaimers and Limitation of Liability, Intellectual Property, User-Generated Content, Indemnification, Dispute Resolution and Arbitration, Governing Law, and any other provisions that by their nature should survive.

Contact Information

If you have questions, concerns, or disputes regarding these Terms of Service, please contact us: