Pro Checkup Service Terms and Conditions
The following Terms and Conditions (“Pro Checkup Terms”) apply to the Pro Checkup service made available by Nest Labs, Inc. (“Nest”) in the United States.
THE PRO CHECKUP SERVICES WILL BE PERFORMED BY AN INDEPENDENT PROFESSIONAL TECHNICIAN (THE “TECHNICIAN”) CONNECTED TO YOU THROUGH SERVICELIVE, INC. (“SERVICELIVE”), AN INDEPENDENT COMPANY THAT IS NOT AFFILIATED WITH NEST. NEST WILL NOT PERFORM THE PRO CHECKUP SERVICE. THE PROFESSIONAL TECHNICIAN CONNECTED TO YOU THROUGH SERVICELIVE IS NOT AN EMPLOYEE, SUBCONTRACTOR OR AGENT OF NEST. NEST ASSUMES NO LIABILITY FOR THE ACTIONS, INACTIONS OR ANY WRONGDOING OF SERVICELIVE OR THE TECHNICIAN.
- Scheduling and Cancellation. Pro Checkup service appointments may be scheduled to take place only 7 AM - 6 PM Monday through Friday and 9 AM - 5 PM Saturday in the Customer’s local time, subject to the availability of a Technician. You may be asked to select your preferred time slot(s) for the Pro Checkup service, but appointment times may vary or be unavailable. You will receive an email after booking your appointment to confirm the date and time of your Pro Checkup service. If you want to rebook your Pro Checkup service date or time after confirmation, or cancel your Pro Checkup service, you must call ServiceLive at 888-848-7261. Only one visit per household is permitted.
- 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. ServiceLive and the Technician reserve the right to review and confirm all necessary permissions and consents before carrying out any Pro Checkup service. Neither Nest, ServiceLive nor the Technician will be liable for your failure to obtain any necessary permission or consent.
- Requirements. The Pro Checkup service is only available for standard furnaces, air conditioners, and heat pump systems.
What’s included in the Pro Checkup service:
Assessment. The Technician will assess whether the thermostat has malfunctioned, especially in extreme weather.
Inspections. The Technician will:
- Check the general operation of the HVAC equipment.
- Ensure the Nest Learning Thermostat is wired properly
- 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 such as 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 and 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).
Replacements. The Technician will:
- Replace the air filter at your request and provided you can supply the air filter.
- Supply necessary parts or materials under $10 provided the technician has necessary parts on hand.
- What’s not included in the Pro Checkup service in the US:
- Pro Checkup service does not include any service that is not explicitly referred to in Section 4 of these Pro Checkup Terms. For example, HVAC system repair is not included as part of the Pro Checkup 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.
- Limitations: Nothing in these Pro Checkup Terms and in particular within this section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
- Data Protection. In order to schedule an appointment and provide the Pro Checkup Service, Nest and ServiceLive needs to process the information you provide through ServiceLive such as name, contact details, address and information about your Nest Learning Thermostat and share it with the Technician. In addition, the Technician will gather information about your HVAC system and relevant issues found and/or fixed to be provided to Nest. For more information about how Nest processes your personal information, please see Nest’s Privacy Statement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL (A) NEST BE LIABLE FOR ANY DAMAGES, INCLUDING ANY PROPERTY DAMAGE, ARISING FROM OR RELATING TO THE PRO CHECKUP SERVICES; (B) NEST 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 PRO CHECKUP SERVICES, EVEN IF NEST KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) NEST’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRO CHECKUP SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO NEST FOR PRO CHECKUP SERVICES. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. NEST DISCLAIMS ALL LIABILITY OF ANY KIND OF NEST’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 Pro Checkup Terms are in addition to any terms and conditions provided to you by ServiceLive and/or the Technician.
These Pro Checkup 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.