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Privacy Policy and General Terms and Conditions for Services

Privacy Policy

Seaway Plumbing & Air Inc. (“Seaway,” “we,” “us,” or “our”) respects your privacy and is committed to protecting the personal information you share with us. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website at [https://www.seawayplumbingandair.com] (the “Site”), contact us, request an estimate, enroll in a [Seaway Comfort Club] membership, or otherwise use our products and services (collectively, the “Services”).

By accessing or using the Site or Services, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with our practices, please do not use the Site or Services.

1. Information We Collect

We collect information in three general ways: information you provide directly, information collected automatically, and information we receive from third parties.

1.1. Information you provide to us, which may include:

  • Identifiers such as your name, mailing address, email address, and phone number;
  • Service and property details, such as your service address, the type and condition of the equipment at your property, and a description of the work requested;
  • Payment information, such as billing address and payment-card or bank-account details (typically processed by our third-party payment processors — see Section 4);
  • Membership and account information, including enrollment details and communication preferences; and
  • The contents of any communications you send us, including reviews, survey responses, and customer-service inquiries.

1.2. Information we collect automatically when you use the Site, which may include:

  • Device and technical information, such as IP address, browser type, operating system, and device identifiers;
  • Usage information, such as the pages you view, the links you click, and the dates and times of your visits; and
  • Location information derived from your IP address or, with your permission, your device.

1.3. Information from third parties, which may include:

  • Information from marketing partners, lead-generation services, and advertising networks;
  • Information from service providers who help us verify identity, process payments, or assess creditworthiness for financing; and
  • Publicly available information and information from social-media platforms if you interact with us there.

2. Cookies and Tracking Technologies

We and our service providers use cookies, web beacons, pixels, and similar technologies to operate the Site, remember your preferences, analyze traffic, and support advertising. You can usually adjust your browser settings to refuse or delete cookies, though some features of the Site may not function properly as a result. We may use analytics and advertising services (for example, [Google Analytics] and similar tools) that collect information about your use of the Site over time and across other websites.

3. How We Use Your Information

We use the information we collect to:

  • provide, schedule, perform, and manage the Services you request;
  • process payments, administer memberships, and manage billing and recurring charges;
  • respond to your inquiries and provide customer support;
  • send you service-related communications, appointment reminders, and account notices;
  • send you marketing and promotional communications (subject to your choices in Section 6);
  • operate, maintain, personalize, and improve the Site and Services;
  • conduct analytics, research, and quality assurance;
  • protect against, investigate, and deter fraud, unauthorized activity, and other misuse; and
  • comply with our legal obligations and enforce our terms and agreements.

4. How We Share Your Information

We do not sell your personal information for money. We may share your information in the following circumstances:

  • Service providers. With vendors and contractors who perform services on our behalf — such as payment processors, financing partners, scheduling and dispatch platforms, IT and hosting providers, marketing and analytics providers, and communications vendors — who are permitted to use the information only to perform those services for us.
  • Affiliates. With our corporate affiliates, if any, for the purposes described in this Policy.
  • Business transfers. In connection with, or during negotiations for, any merger, sale of company assets, financing, or acquisition of all or a portion of our business.
  • Legal and safety. When we believe disclosure is necessary to comply with applicable law, regulation, legal process, or governmental request; to enforce our agreements; or to protect the rights, property, or safety of Seaway, our customers, or others.
  • With your consent. For any other purpose disclosed to you at the time we collect the information or with your direction.

5. Text (SMS) Messaging

If you provide your mobile number and consent to receive text messages, we may send you service-related and/or promotional SMS/MMS messages. Message frequency varies. Message and data rates may apply. You can opt out at any time by replying STOP to any message; you may reply HELP for help. Carriers are not liable for delayed or undelivered messages. Your mobile opt-in and consent to receive text messages will not be shared with third parties for their own marketing purposes. [Confirm your SMS consent language and disclosures with your messaging provider and counsel to meet TCPA and CTIA requirements.]

6. Your Communication Choices

  • Email: You may opt out of promotional emails by using the “unsubscribe” link in any such email. You may continue to receive transactional or service-related messages (for example, appointment confirmations and billing notices).
  • Text messages: Reply STOP to opt out, as described in Section 5.
  • Phone calls: You may ask to be placed on our internal do-not-call list by contacting us using the details in Section 13.

7. Data Retention

We retain personal information for as long as necessary to provide the Services, maintain your account and membership, comply with our legal obligations, resolve disputes, and enforce our agreements. When information is no longer needed, we take reasonable steps to securely delete or de-identify it.

8. Data Security

We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information against loss, misuse, and unauthorized access, disclosure, alteration, and destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.

9. Third-Party Links and Services

The Site may contain links to third-party websites, tools, or services (for example, financing applications or manufacturer sites) that are not operated by us. This Privacy Policy does not apply to those third parties, and we are not responsible for their content or privacy practices. We encourage you to review the privacy policies of any third-party sites you visit.

10. Children’s Privacy

The Site and Services are intended for adults and are not directed to children under 13 (or the minimum age required in your jurisdiction). We do not knowingly collect personal information from children. If you believe a child has provided us with personal information, please contact us and we will take appropriate steps to delete it.

11. Your Privacy Rights

Depending on where you live, you may have certain rights regarding your personal information, such as the right to request access to, correction of, or deletion of your information, and the right to opt out of certain uses.

  • Florida residents: Under the Florida Digital Bill of Rights, eligible residents may have rights to access, correct, delete, and obtain a copy of certain personal information, and to opt out of the sale of personal information or targeted advertising, where applicable.
  • Residents of other states (such as California, Virginia, Colorado, and others) may have similar rights under their state privacy laws.

To exercise any available rights, contact us using the details in Section 13. We will respond as required by applicable law and may need to verify your identity before fulfilling your request. We will not discriminate against you for exercising your privacy rights.

12. Do Not Track and Changes to This Policy

Some browsers offer a “Do Not Track” signal. Because there is not yet a common industry standard for responding to these signals, the Site does not currently respond to them. We may update this Privacy Policy from time to time. When we do, we will revise the “Last Updated” date above and post the updated policy on the Site. Your continued use of the Site or Services after changes are posted constitutes your acceptance of the updated Privacy Policy.

13. Contact Us

If you have questions about this Privacy Policy or our privacy practices, or wish to exercise your rights, contact us at:

Seaway Plumbing & Air Inc.

Mailing Address: [STREET ADDRESS, CITY, FL ZIP]

Email: [PRIVACY / GENERAL EMAIL]

Telephone: [PHONE]

This document is a template provided for informational purposes only and does not constitute legal advice. Privacy laws — including the Florida Digital Bill of Rights, the federal Telephone Consumer Protection Act (TCPA), and other state and federal requirements — change over time and vary by circumstance. Seaway Plumbing & Air Inc. should have this Privacy Policy reviewed and customized by a licensed attorney before publishing or relying on it, and should ensure it accurately reflects the company’s actual data and messaging practices.

GENERAL TERMS AND CONDITIONS FOR SERVICES

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING THE CUSTOMER’S RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOU. PLEASE READ IT CAREFULLY.

Last Updated: [DATE]

1. Applicability

1.1. These terms and conditions (these “Terms”), the Membership Enrollment Form (the “Membership Form”), and/or the applicable invoice(s) (collectively, this “Agreement”) together constitute the entire agreement between Seaway Plumbing & Air Inc. (“Seaway,” “we,” “us,” or “our”) and the Seaway customer (“Customer” or “you”) concerning the Services (defined below) and the Membership (defined below), if applicable. This Agreement supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications, whether written or oral. This Agreement is the only agreement governing the provision of Services by Seaway to Customer, whether in connection with a purchased [Seaway Comfort Club] Membership (the “Membership”) or otherwise.

1.2. In the event of any conflict between these Terms, any Membership brochure, the Membership Form, and/or an invoice, the order of precedence shall be: (a) for Membership Services (defined below): (i) the completed Membership Form, (ii) these Terms, and (iii) the invoice; and (b) for Non-Membership Services (defined below): (i) the invoice, and (ii) these Terms.

1.3. These Terms are effective on the earlier of the date Customer signs the Membership Form or an invoice, or, for Non-Membership Services, the date Customer receives the Services (the “Effective Date”). Except as otherwise set forth in Section 12, the latest version of these Terms will be posted on Seaway’s website at [https://www.seawayplumbingandair.com/terms], which Customer should review regularly for updates. Customer’s continued use of the Services and/or continued enrollment in the Membership after a posted change to these Terms constitutes Customer’s acceptance of and agreement to all such changes.

2. Services; Membership

2.1. Subject to Customer’s compliance with this Agreement, Seaway agrees to provide the services described on the Membership Form (“Membership Services”) or on an invoice for services not otherwise part of the Membership — including, but not limited to, repairs, one-time or recurring maintenance, installations, or any other services provided by Seaway (“Non-Membership Services”), as applicable. Except where noted, Membership Services and Non-Membership Services are referred to collectively as the “Services.”

2.2. Customer acknowledges and agrees that the scope of Membership Services depends on the specific Membership selected by Customer and identified on the Membership Form, subject to exclusions and restrictions consistent with Seaway’s then-current policies and procedures. The Membership does not provide any service other than as specified in this Agreement and as selected by Customer on the Membership Form.

2.3. Services, benefits, and products excluded from all Memberships include, but are not limited to, the following, which may change from time to time in Seaway’s sole discretion: (a) repair or installation discounts not expressly stated on the Membership Form; (b) discounted-rate memberships; (c) air filters and filter changes; (d) indoor-air-quality accessory maintenance; (e) duct and dryer-vent cleaning; (f) septic tank pumping or evacuation; (g) water-damage remediation; and (h) any other exclusions or restrictions imposed by Seaway in connection with the Services.

2.4. Prior to or as part of any Services, all existing equipment eligible for maintenance, repair, or servicing, and any equipment otherwise subject to Services under this Agreement as identified on the invoice or Membership Form (the “Equipment”), must be located in — or able to be installed by a Seaway technician in — a single-family residential property that is leased by Customer (in which case all consents required to authorize the Services must have been obtained by Customer) or owned by Customer (the “Residence”). If the Residence is a townhouse, condominium, apartment unit, modular home, or manufactured home, the Services shall be provided only with respect to the Equipment and systems serving the individual unit, and not to any common areas or shared systems.

2.5. Seaway reserves the right, but not the obligation, to inspect existing Equipment. Any repairs deemed necessary will be reported to Customer, and an estimate will be provided if Customer does not elect to participate in the Membership. If Customer accepts an estimate, the applicable services shall be performed in accordance with this Agreement.

2.6. If Customer’s Residence changes during the term of this Agreement, Customer shall provide Seaway prior written notice of the change. Upon receiving such notice, Seaway may, in its sole discretion: (a) terminate this Agreement without liability; or (b) offer to transfer the Membership to Customer’s new Residence, or to the new owner of the current Residence, for the remainder of the Membership term, subject to Seaway’s other requirements and policies (including any inspections or assessments).

2.7. Customer acknowledges that Seaway has informed Customer of the risks associated with installing new HVAC or plumbing Equipment (or any portion thereof) while connecting to Customer’s existing system. If system-performance issues occur upon or after Installation (defined below), Seaway shall not be liable for any expense related to repairing Customer’s existing system. Having been made aware of these risks, Customer acknowledges that Customer elects to forgo any professional recommendation for full system replacement where such a recommendation has been made.

2.8. For all Equipment, whether installed or serviced by Seaway, Customer is responsible for any additional cost to repair unforeseen damage and/or inadequate ductwork, piping, wiring, drainage, or venting that prevents proper Installation or function of the Equipment. During installation, Seaway may connect to the existing duct system, refrigerant line set, water and gas piping, flues, drains, drain pans, electrical circuits, HVAC-related accessories, zoning systems, and controls (including thermostats), unless otherwise noted on the invoice or Membership Form. Any utility rebates, including assistance in claiming them, are Customer’s sole responsibility, and Seaway has no obligation or responsibility related to them.

2.9. All line-set replacements are contingent on accessibility. If line-set replacement is not achievable, the existing line set will be properly flushed and reused where possible.

2.10. Any condition or circumstance — including any unanticipated site condition or impediment — that increases the cost of Installation or any other Service shall be Customer’s sole responsibility and will be invoiced in accordance with Seaway’s then-current policies. Seaway shall not be obligated to install Equipment or perform any Services where any condition or impediment prohibits, restricts, or makes it impractical or impossible (in the Seaway technician’s sole discretion) to complete the work. Customer is responsible for removing any obstacles or hazards required to properly perform the Services, Installation, and/or removal of Equipment. Except to the extent caused by Seaway’s willful misconduct, Seaway shall not be responsible for replacement of, or damage to, any items or other real or personal property in connection with its performance of the Services.

3. Installation of New Equipment

3.1. If any Equipment is made available to Customer under this Agreement and Customer agrees to its installation in connection with Customer’s system (the “Installation”), Seaway shall be authorized to install the Equipment. Customer shall comply with all reasonable requests of Seaway in connection with the Installation. The Installation is deemed a Service under this Agreement and may be performed by Seaway or its affiliates, subcontractors, or agents. During Installation, Customer may be required to accept terms and conditions imposed by the Equipment’s original manufacturer; by accepting this Agreement, the Installation, and/or the Equipment, Customer is deemed to have accepted such manufacturer terms, if applicable.

3.2. If any Equipment is made available and Customer agrees to Installation, Customer agrees to: (a) use the Equipment in accordance with all documentation and written instructions provided by Seaway, including any manufacturer requirements; (b) install, or allow the installation of, any fixes, updates, or upgrades reasonably requested by Seaway, at Customer’s cost unless Seaway specifies otherwise in writing; (c) immediately notify Seaway upon discovering an emergency condition related to the Equipment; (d) not do anything, or permit any condition, that would cause the Equipment to operate other than as intended; (e) permit Seaway, after reasonable notice and at a mutually agreed time, to inspect the Equipment and make necessary repairs and replacements, at Customer’s cost unless specified otherwise; and (f) not make any modifications, improvements, or additions to the Equipment without Seaway’s prior written consent.

3.3. Customer shall not, and shall not allow any third party to: (a) modify, adapt, decompile, disassemble, reverse engineer, or create derivative works of the Equipment or any part of it; (b) create additional connections of the Equipment to other systems without Seaway’s prior written approval; (c) remove, alter, or obscure any proprietary-rights notices or product identification on the Equipment; or (d) use the name, trade names, or trademarks of Seaway or any affiliated party.

4. Building and Zoning Code Requirements or Violations

If current building or other code violations are discovered by a Seaway technician before or during performance of the Services, Seaway may stop work until Customer completes the necessary corrective work at Customer’s sole expense and/or Seaway confirms that continuing is compliant with applicable law. If a permit is required, the cost of the permit may be charged to Customer. Seaway will not perform the Services if the appropriate permits cannot be obtained.

5. Unavailable Parts or Non-Repairable Equipment

Unless otherwise stated on Customer’s Membership Form, complete replacement of the Equipment is not covered by this Agreement. Seaway will use commercially reasonable efforts to obtain a replacement part or a suitable substitute. Customer understands that limited availability of certain parts may cause delays. If Seaway cannot repair the Equipment because a part is obsolete, unavailable, or not obtainable at a commercially reasonable cost, Seaway shall not be liable to make the replacement, and Customer may terminate this Agreement by providing written notice to the address in Section 22. Special-order parts are non-returnable; if a part order is canceled after Customer’s approval, Customer is responsible for the total amount owed for that order. All materials and parts are warranted solely by the manufacturer’s or supplier’s written warranty (if any and to the extent available). Seaway makes no warranties, express or implied, with respect to materials and parts, and its technicians are not authorized to make any such warranty on Seaway’s behalf.

6. Not a Contract for Insurance

This Agreement provides for the repair and/or replacement of specified parts and/or Equipment as identified on Customer’s Membership Form. This Agreement is not a contract for insurance.

7. Hazardous Materials

The Services do not include the identification, detection, abatement, encapsulation, or removal of asbestos, radon gas, mold, or any products or materials containing asbestos, radon gas, mold, or other hazardous substances. If any hazardous materials are encountered while performing the Services at the Residence, the Seaway technician has no obligation to continue the work until such materials are abated, encapsulated, or removed, or it is determined that no hazard exists. Seaway has no obligation to arrange for, and no liability for, the removal of, failure to detect, or any contamination resulting from its failure to detect, any asbestos, radon gas, mold, or other hazardous materials.

8. Customer’s Acts or Omissions

If Seaway’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer, Seaway shall not be deemed in breach of its obligations or otherwise liable for any costs, charges, or losses sustained by Customer, to the extent arising directly or indirectly from such prevention or delay.

9. Customer Obligations

Seaway’s provision of Services is contingent on Customer’s compliance with this Agreement, Seaway’s applicable policies, and all applicable laws.

9.1. In addition to all other requirements, Customer agrees to:

  • ensure the Residence and the working area are easily accessible and free of health and safety hazards for Seaway technicians;
  • cooperate with Seaway in all matters relating to the Services and provide access to Customer’s premises for the purpose of performing the Services;
  • obtain all requisite authorizations, consents, and permissions, and otherwise comply with all applicable laws relating to the Services, the Membership, and this Agreement; and
  • indemnify, defend, and hold harmless Seaway and its affiliates, employees, agents, licensors, subcontractors, and representatives (the “Seaway Group”) from and against any and all losses, damages, claims, demands, expenses, and injuries of any kind, including reasonable attorneys’ fees, arising out of: (a) any acts or omissions of Customer or any third party in connection with the Equipment, Services, Residence, or Membership; (b) any breach of Customer’s obligations, representations, or warranties under this Agreement; (c) any injuries or property damage arising in connection with this Agreement (including those arising from the Seaway Group’s negligence, but not its gross negligence or willful misconduct); or (d) any violation of applicable law by Customer or anyone acting on Customer’s behalf.

9.2. Customer’s failure to comply with any obligation in this Agreement or any other Seaway policy may result in a technician’s refusal to perform or complete scheduled Services (without liability to Seaway), a technician’s departure from the Residence before commencing or completing Services, and/or additional charges to Customer’s account.

10. Term

Except for provisions that survive, and unless terminated earlier in accordance with this Agreement, the coverage period commences on the Effective Date and continues thereafter: (a) for Non-Membership Services, until completion of the Services and payment of all invoices; or (b) for Membership Services, for the period stated on Customer’s Membership Form — either one (1) month for monthly Memberships or one (1) year for annual Memberships (each, the “Initial Coverage Period”).

FOR MEMBERSHIP SERVICES, AT THE END OF THE INITIAL COVERAGE PERIOD THIS AGREEMENT WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE-MONTH TERMS (FOR MONTHLY MEMBERSHIPS) OR ONE-YEAR TERMS (FOR ANNUAL MEMBERSHIPS) AT THEN-CURRENT PRICES (EACH A “RENEWAL PERIOD,” AND TOGETHER WITH THE INITIAL COVERAGE PERIOD, THE “COVERAGE PERIOD”), UNLESS TERMINATED AS PROVIDED IN THIS AGREEMENT. A MINIMUM MEMBERSHIP ENROLLMENT OF [THREE (3) MONTHS] IS REQUIRED BEFORE CUSTOMER MAY TERMINATE.

Florida auto-renewal notice (placeholder — confirm with counsel): Your enrollment automatically renews and your payment method will continue to be charged at the then-current rate until you cancel. You may cancel at any time as described in Section 17 by [phone / online portal / email]. [Insert any additional disclosures required under Fla. Stat. § 501.0605 for automatic-renewal contracts.]

11. Fees; Billing

11.1. Non-Membership Fee. In consideration of Non-Membership Services and the rights granted under this Agreement, Customers not enrolled in a Membership shall pay the fees set out in the applicable invoice (the “Fee”). Payment of the Fee constitutes payment in full for the performance of the Non-Membership Services.

11.2. Membership Fee. In consideration of Membership Services and the rights granted under this Agreement, Customers enrolled in a Membership shall pay a monthly or annual membership fee at the rate and interval stated on the Membership Form (the “Membership Fee”). Seaway reserves the right to change the Membership Fee or any terms of this Agreement subject to Section 12.

11.3. Customer is responsible for all sales, use, and excise taxes and any other similar taxes, duties, and charges imposed by any governmental authority on amounts payable under this Agreement.

11.4. Automatic Billing. This Agreement provides for Electronic Fund Transfer, Automated Clearing House (ACH), or preauthorized credit-card processing for payment of the Membership Fee, where applicable. Monthly or annual Membership Fee payments will be drafted automatically using the payment method designated on the Membership Form. Customer understands and acknowledges that the Membership will be billed automatically each month or year, as applicable, to maintain an active Membership, until canceled in accordance with this Agreement. In addition to the Membership Fee, Customer may be billed for applicable taxes or surcharges. The initial charge will be submitted for billing on the date stated on the Membership Form, and each subsequent charge will be submitted on or about the same day of the month or year, as applicable. The Membership Fee charge on Customer’s bill or card statement serves as the invoice for the Services; Customer will not receive a separate monthly bill. THE MEMBERSHIP FEE MAY BE INCREASED OR DECREASED BY SEAWAY IN ACCORDANCE WITH SECTION 12.

11.5. Invoiced (Non-Automatic) Billing. Where Seaway invoices the Fee for Non-Membership Services, residential Customers shall pay all invoiced amounts at the time the Services are performed by credit/debit card, personal check, cashier’s check, money order, wire transfer, or approved financing (for qualified Customers, subject to a separate financing agreement). Cash [will / will not] be accepted. For Membership Fee payments, Customer shall pay as set forth on the Membership Form.

11.6. Late or Missed Payments. If Customer fails to pay any Fee or Membership Fee when due, or Customer’s designated payment method is declined, Seaway reserves the right to: (a) charge interest on unpaid amounts at the lesser of [one and one-half percent (1.5%)] per month or the maximum rate permitted by applicable law, from the due date until paid; (b) suspend or delay performance of any or all Services until payment is made in full; (c) seek reimbursement of all collection costs, including reasonable attorneys’ fees; and (d) pursue all other remedies available at law or in equity. Seaway may, in its sole discretion and without notice, cancel the Membership, the Services, or this Agreement for non-payment, in addition to all other rights and remedies.

12. Material Membership Changes

Subject to Section 1.3, Seaway may provide Customer written notice of any material change to this Agreement at least thirty (30) days before the change takes effect. For purposes of this Section, a “material change” means: (a) an increase in the Membership Fee greater than five percent (5%); or (b) a substantial and permanent decrease in the scope of Membership Services that materially alters and essentially nullifies the benefits agreed to by Customer as of the Effective Date. Upon notice of a material change, Customer may terminate this Agreement (and the Membership) by providing written notice to the address or email in Section 22, or by submitting a cancellation form, within the 30-day period before the change’s effective date. If Customer does not terminate within that period, the change is deemed accepted. Seaway reserves the right to increase the Fee and/or Membership Fee by up to five percent (5%) per year, and to make routine or otherwise necessary adjustments to the scope of Membership Services, without prior notice.

13. Intellectual Property

All intellectual property rights — including copyrights, patents, trademarks, service marks, trade secrets, know-how, trade dress, trade names, logos, and domain names, together with associated goodwill and all derivative works (collectively, “Intellectual Property Rights”) — in and to all documents, work product, and other materials delivered to Customer under this Agreement, or prepared by or on behalf of Seaway in the course of performing the Services, shall be owned by Seaway or its licensors.

14. Limited Services Warranty

14.1. Seaway warrants that, during the Warranty Period (defined below), it will perform the Services using personnel of the required skill, experience, and qualifications, in a professional and workmanlike manner consistent with generally recognized industry standards (the “Limited Services Warranty”); provided that, for Membership Services, Customer must maintain an active Membership with no lapse and no outstanding balance to be eligible.

14.2. Seaway’s responsibility for a breach of the Limited Services Warranty is limited to repair or re-performance of the affected Services, as determined by Seaway in its sole discretion.

14.3. The Limited Services Warranty does not extend to the Equipment, parts, or materials.

14.4. The Limited Services Warranty extends only to Customer and not to any subsequent transferee or other beneficiary. Seaway may procure certain Equipment, parts, materials, hardware, software, or third-party support contracts from third parties (“Third-Party Products”). Seaway is not the manufacturer of Third-Party Products and, to the fullest extent permitted by law, makes no representations or warranties regarding them. Third-party warranties vary by product; it is Customer’s responsibility to consult the applicable documentation for warranty information and to ensure that any impact Seaway’s Services might have on third-party warranties is acceptable to Customer. Where third-party warranties are assignable, Seaway may pass them through for Customer’s benefit, but such warranties must be enforced through the applicable third party.

14.5. The Limited Services Warranty starts on the Effective Date and lasts for [one (1) year] from the date the Services were performed (the “Warranty Period”). The Warranty Period is not extended if Seaway repairs, replaces, or re-performs. Seaway may change the availability of the Limited Services Warranty in its sole discretion, but no such change is retroactive.

14.6. To obtain warranty service, Customer must contact Seaway at [PHONE] or [EMAIL] during the Warranty Period. A Seaway technician will then determine warranty eligibility, in Seaway’s sole discretion, upon evaluation at the Residence.

15. Disclaimer of Warranties

EXCEPT FOR THE LIMITED SERVICES WARRANTY DESCRIBED IN SECTION 14, SEAWAY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, THE MEMBERSHIP, THE EQUIPMENT, OR THIS AGREEMENT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS — WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

16. Limitation of Liability

16.1. THE REMEDIES DESCRIBED IN SECTION 14.2 ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES AND SEAWAY’S ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THE LIMITED SERVICES WARRANTY.

16.2. IN NO EVENT SHALL SEAWAY OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, TECHNICIANS, LICENSORS, SERVICE PROVIDERS, OR SUPPLIERS (COLLECTIVELY, THE “SEAWAY GROUP”) BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT LOSSES, INCLUDING PROPERTY DAMAGE, LOSS OF USE, LOSS OF REVENUE OR PROFIT, LOSS OF DATA, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SEAWAY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

16.3. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IN NO EVENT SHALL THE SEAWAY GROUP’S AGGREGATE LIABILITY FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, PRODUCTS, EQUIPMENT, THE MEMBERSHIP, OR ANY OTHER OFFERING PROVIDED BY THE SEAWAY GROUP — REGARDLESS OF THE FORM OR NATURE OF THE CLAIM (INCLUDING BREACH OF CONTRACT, TORT INCLUDING NEGLIGENCE, OR STRICT LIABILITY) — EXCEED THE AGGREGATE AMOUNTS ACTUALLY PAID TO SEAWAY BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, DAMAGE, OR LOSS.

16.4. The limitations in Section 16.3 do not apply to liability resulting from Seaway’s gross negligence or willful misconduct.

17. Cancellation

17.1. Seaway Cancellation. Seaway may, at any time with or without prior written notice (unless otherwise required by law), immediately cancel the Membership for Customer’s non-payment, fraud, material misrepresentation, or violation of this Agreement. Seaway may also cancel the Membership without cause and terminate this Agreement at any time by providing Customer thirty (30) days’ notice. Seaway reserves the right not to renew the Membership or this Agreement for any reason.

17.2. Customer Cancellation. Customer may cancel the Membership and this Agreement at any time by providing written notice to the address or email in Section 22, or by submitting a cancellation form. Cancellation does not affect payments that may be owed for other services Customer is receiving from Seaway. Customer may also cancel if Customer moves outside Seaway’s service area. If Customer cancels within the first [ninety (90) days] of enrollment while carrying an outstanding balance, Seaway may recoup the amount of any verifiable discounts provided upon enrollment, and Customer may be ineligible for future monthly Memberships. All Membership coupons, discounts, and credits must be used prior to cancellation and are void upon cancellation. All Membership Fees are non-refundable upon cancellation.

18. Waiver

No waiver by Seaway of any provision of this Agreement is effective unless in writing and signed by Seaway. No failure or delay in exercising any right, remedy, power, or privilege operates as a waiver, and no single or partial exercise precludes any further exercise of that or any other right, remedy, power, or privilege.

19. Privacy

All personal information collected from Customer in connection with the Membership or the Services is subject to Seaway’s Privacy Policy, available at [https://www.seawayplumbingandair.com/privacy-policy].

20. Force Majeure

No party is liable or deemed in breach for any failure or delay in performing under this Agreement (except for Customer’s payment obligations) when and to the extent the failure or delay is caused by acts beyond the affected party’s (“Impacted Party”) reasonable control, including: (a) acts of God; (b) flood, hurricane, fire, earthquake, explosion, epidemic, or pandemic; (c) war, hostilities, terrorist acts, riot, or civil unrest; (d) government order, law, or action; (e) embargoes or blockades; (f) national or regional emergency; (g) strikes or other labor disturbances; and (h) telecommunication or power outages, or inability to obtain adequate supplies, materials, or transportation. The Impacted Party shall give notice within ten (10) days of the event and resume performance as soon as reasonably practicable. If the failure or delay continues for thirty (30) consecutive days after written notice, either party may terminate this Agreement upon thirty (30) days’ notice.

21. Governing Law; Jurisdiction

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any conflict-of-laws rule that would apply the laws of another jurisdiction. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in [Miami-Dade County], Florida, and each party irrevocably submits to the exclusive jurisdiction of those courts. If any term of this Agreement is found invalid, illegal, or unenforceable, that finding shall not affect any other term, which shall remain in full force and effect.

22. Seaway Contact Information

To schedule Service, cancel this Agreement, submit a Limited Services Warranty claim, or otherwise contact Seaway:

Seaway Plumbing & Air Inc.

Mailing Address: 10 Barracuda Lane
Key Largo, FL 33037

Email: [email protected]

Telephone: (305) 367-3225

License No.: CFC#1425882

23. Miscellaneous

Except as set forth in Section 2.6, Customer shall not assign any rights or delegate any obligations under this Agreement without Seaway’s prior written consent; any purported assignment or delegation in violation of this Section is null and void and does not relieve Customer of its obligations. Nothing in this Agreement creates any agency, partnership, joint venture, employment, or fiduciary relationship between the parties. This Agreement is for the sole benefit of the parties and their respective successors and permitted assigns, and confers no rights on any other person. If any provision is found invalid, illegal, or unenforceable, the remaining provisions remain in effect. Provisions that by their nature should survive termination or expiration — including Customer’s Acts or Omissions; Fees and Billing; Intellectual Property; Limited Services Warranty; Disclaimer of Warranties; Limitation of Liability; Force Majeure; Governing Law/Jurisdiction; and this Miscellaneous section — shall survive.

24. Customer Communications Consent

By providing a telephone number, email address, or mailing address, Customer expressly agrees to receive service-related and promotional communications from Seaway through channels including, but not limited to, direct mail, email, text/SMS messaging, and phone calls, unless Customer opts out. Message and data rates may apply to text messaging. Customer may opt out of promotional communications at any time by [replying STOP to any text message / clicking “unsubscribe” in any email / calling [PHONE]]. For details on how Seaway handles personal information, see the Privacy Policy referenced in Section 19.

This document is a template modeled on the general structure of a comparable home-services provider’s terms and conditions. It is provided for informational purposes only and does not constitute legal advice. Seaway Plumbing & Air Inc. should have this document reviewed and customized by a licensed Florida attorney — particularly the automatic-renewal, cancellation, SMS/telemarketing-consent, warranty, and limitation-of-liability provisions — before publishing or relying on it.