Maintenance Service Terms and Conditions

The following Terms and Conditions (“Maintenance Terms”) apply to the maintenance services made available by Google LLC (“Google”) in the United States and Canada.

THE MAINTENANCE SERVICE WILL BE PERFORMED BY AN INDEPENDENT PROFESSIONAL TECHNICIAN (THE “TECHNICIAN”) CONNECTED TO YOU THROUGH HANDY TECHNOLOGIES, INC. (“HANDY”), AN INDEPENDENT COMPANY THAT IS NOT AFFILIATED WITH GOOGLE.  GOOGLE WILL NOT PERFORM THE MAINTENANCE SERVICE. THE PROFESSIONAL TECHNICIAN CONNECTED TO YOU THROUGH HANDY IS NOT AN EMPLOYEE, SUBCONTRACTOR OR AGENT OF GOOGLE. GOOGLE ASSUMES NO LIABILITY FOR THE ACTIONS, INACTIONS OR ANY WRONGDOING OF HANDY OR THE TECHNICIAN.

1. Your Responsibilities.  You must ensure that you have all necessary permissions and consents before any work is done on your heating system and property, including but not limited to the permission of a landlord or property owner, as applicable.  Handy and the Technician reserve the right to review and confirm all necessary permissions and consents before carrying out any maintenance service. Neither Google, Handy, nor the Technician will be liable for your failure to obtain any necessary permission or consent.
    
2. The maintenance service may include:
   1. Assessment.  The Technician may assess any HVAC system or thermostat-related issues. 
   2. Inspections.  The Technician may:
      • Check the general operation of the HVAC equipment. 
      • Check the wiring of your Nest Thermostat. 
      • Inspect all safeties. 
      • Inspect electrical components and wiring. 
      • Inspect and adjust belts and pulleys (if applicable). 
      • Inspect and oil (if applicable) the blower assembly and blower motor. 
      • Perform temperature checks (e.g., checking the supply and return plenum temperatures).  At your request, if temperature splits suggest an issue, then the Technician will also check refrigerant and/or air flow. 
      • Check amp draw on compressor and motors. 
      • FOR HEAT PUMP:  Check defrost controls, check auxiliary heat. 
      • FOR A/C:  Inspect condensate pump and drain, inspect indoor and outdoor coils, and check refrigerant level.
      • FOR FURNACE:  Inspect, clean, and adjust pilot and main burners, inspect vent connector and vent pipe, perform a draft test on chimney, inspect internal flue ways and heat exchanger, and inspect gas line (at furnace only).
   3. Replacements.  The Technician may:
      • Replace air filter at your request if you supply the air filter. 
      • Supply necessary parts or materials under $10 if Technician has these parts on hand. 
         
3. The maintenance service will not include:
   1. The maintenance service does not include any service that is not explicitly referred to in Section 2 of these Maintenance Terms.  For example, HVAC system repair is not included as part of the maintenance service.  REVIEW THE SERVICE ORDER PROVIDED TO YOU BY THE TECHNICIAN, AND CONFIRM AND AGREE TO ANY ADDITIONAL SERVICES REQUIRED OR ANY ADDITIONAL COSTS OR FEES, BEFORE THE TECHNICIAN BEGINS WORK.  If you would like to have additional heating or cooling work completed, you can discuss this with the Technician, who may give you a quote and bill you directly for any separate work that is agreed.
       
4. Limitations.  Nothing in these Maintenance Terms and in particular within this section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
    
5. Data Protection.  To provide you with the maintenance service, we may share information with third parties (e.g., Handy and the Technician), and any information you provide to us as part of the maintenance service may be combined with other information we have and/or used for support, product improvement, and fraud prevention purposes, in each case pursuant to Google’s Privacy Policy.
    
6. Nest Account Users.  If you use a Nest Account, you understand that this maintenance service is made available by Google and agree to give Google permission to access, use, and share your information according to these terms.  You can learn more about migrating your Nest Account to a Google Account here.
    

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL (A) GOOGLE BE LIABLE FOR ANY DAMAGES, INCLUDING ANY PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE MAINTENANCE SERVICES; (B) GOOGLE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY PROPERTY DAMAGE OR DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE MAINTENANCE SERVICES, EVEN IF GOOGLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) GOOGLE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE MAINTENANCE SERVICES, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO GOOGLE FOR MAINTENANCE SERVICES.  THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. GOOGLE DISCLAIMS ALL LIABILITY OF ANY KIND OF GOOGLE’S LICENSORS AND SUPPLIERS.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

These Maintenance Terms are in addition to any terms and conditions provided to you by Handy and/or the Technician.

These Maintenance Terms are governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts in or for Santa Clara County, California for the purpose of litigating all such claims or disputes.