1. ACCEPTANCE OF TERMS

By accessing and using https://magicacandheating.com (the "Website"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Website.

2. USE LICENSE

We grant you a limited, non-exclusive, revocable license to access and use the Website for lawful purposes only. You agree not to:

• Modify, copy, or distribute Website content without permission
• Reverse engineer, decompile, or attempt to derive source code
• Use the Website for commercial purposes or service competition
• Access the Website through automated means (bots, scrapers)
• Interfere with Website security or functionality
• Transmit viruses, malware, or harmful code
• Post illegal, offensive, defamatory, or harassing content

3. BOOKING AND SERVICE AGREEMENT

3.1 Appointment Scheduling

• Scheduling an appointment does not guarantee service availability
• We reserve the right to accept or decline service requests at our discretion
• Appointments are confirmed based on technician availability
• A valid phone number and address are required to schedule service

3.2 Service Delivery

• Services are provided by Magic A/C & Heating technicians at your residential or commercial property
• You grant our technicians permission to access and work on your HVAC system
• All work is performed at your own risk; you are responsible for your property and personal safety
• Service areas are limited to New Braunfels and surrounding areas listed on our Website

3.3 Cancellation and Rescheduling

• Cancellations must be made at least 24 hours before scheduled appointment
• Cancellations with less than 24 hours notice may incur a service charge
• Rescheduling is subject to technician availability
• Failure to be present for a scheduled appointment may result in a no-show fee

4. PRICING AND PAYMENT

4.1 Service Rates

• All pricing is displayed upfront with no hidden fees
• Service rates may vary based on complexity, location, and service type
• Pricing is subject to change; current rates apply at time of service
• Estimates are provided in writing before work begins

4.2 Payment Terms

• Payment is due upon completion of service
• We accept cash, credit cards, and checks
• Financing is available through Wisetack (subject to credit approval)
• A late payment fee may apply to unpaid invoices after 30 days

4.3 Special Offers and Discounts

• Promotional offers are valid only during stated periods
• Discounts cannot be combined unless specified
• Offer terms displayed on Website or communicated in writing apply

5. WARRANTY DISCLAIMER

5.1 Service Warranty

• We warrant that services will be performed in a professional and workmanlike manner
• Our 100% customer satisfaction guarantee covers service quality; refunds are available within 30 days if you are dissatisfied
• Warranty on repairs typically covers 12 months from service date (unless otherwise specified in writing)

5.2 Product Warranties

• Manufacturer warranties on parts and equipment apply according to manufacturer terms
• We are not responsible for defects in manufacturer-supplied equipment
• Extended warranties may be available; terms will be provided separately

5.3 Disclaimer of Other Warranties

• THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT OTHER WARRANTIES, EXPRESS OR IMPLIED
• WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE

6. LIMITATION OF LIABILITY

6.1 Limitation on Damages

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount you paid for services in the past 12 months
• We are not responsible for property damage, personal injury, or business losses resulting from our services, except as required by law

6.2 Assumption of Risk

You assume all risk associated with:

• Our technicians accessing your property
• Work performed on your HVAC system
• Property damage or personal injury occurring during service
• Delays in service delivery or appointment scheduling

7. INTELLECTUAL PROPERTY

• Website content, logos, images, and text are owned by Magic A/C & Heating or our licensors
• You may not use Website content without written permission
• Trademarks and service marks are protected by law

8. USER CONTENT AND REVIEWS

8.1 Testimonials and Reviews

• You grant us permission to use testimonials, reviews, or feedback you submit
• We may publish your comments on our Website and marketing materials
• You represent that reviews are truthful and your original work
• We reserve the right to refuse or remove false, offensive, or defamatory reviews

8.2 Prohibited Content

You agree not to post content that is:

• Illegal, threatening, or harassing
• Defamatory or disparaging
• Sexually explicit or offensive
• Misleading or fraudulent
• Violative of third-party rights

9. THIRD-PARTY LINKS AND SERVICES

• The Website may contain links to third-party websites (financing, social media, partners)
• We are not responsible for third-party content, services, or privacy practices
• Third-party links do not constitute endorsement or affiliation
• Use third-party services at your own risk

10. FINANCING

• Financing is provided by Wisetack, a third-party lender
• Financing terms, interest rates, and conditions are set by Wisetack
• We are not responsible for Wisetack's services, terms, or practices
• Review Wisetack's terms and privacy policy before applying

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions.

11.2 Dispute Resolution

• Disputes shall be resolved through binding arbitration (except for disputes under $5,000, which may be brought in small claims court)
• Arbitration will be conducted in New Braunfels, Texas
• Each party bears its own attorney's fees and costs unless otherwise provided by law

11.3 Class Action Waiver

You agree not to participate in class action lawsuits or class arbitrations against Magic A/C & Heating.

12. EMERGENCY SERVICE

• Emergency service is available 24/7 during emergency situations
• Emergency service rates may be higher than standard rates (disclosed before work begins)
• Emergency service response time is as quickly as possible; we do not guarantee immediate response

13. PROPERTY ACCESS AND SAFETY

13.1 Access to Property

• You grant our technicians permission to enter and work on your property
• You represent that you have authority to grant this permission
• We are not responsible for damage to property caused by pre-existing conditions or poor maintenance

13.2 Safety

• You are responsible for ensuring the property is safe for our technicians (secure pets, clear access)
• We will not perform work if safety conditions are unacceptable
• You acknowledge the inherent risks of HVAC work and assume responsibility

14. MODIFICATIONS TO TERMS

• We may update these Terms at any time
• Continued use of the Website constitutes acceptance of updated Terms
• Material changes will be posted on the Website with updated effective date

15. TERMINATION

• We reserve the right to terminate your access to the Website for violation of these Terms
• We may refuse service to any customer at our discretion
• Termination does not release you from payment obligations for services rendered

16. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, that provision will be modified to the minimum extent necessary, and remaining provisions remain in full force.

17. ENTIRE AGREEMENT

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Magic A/C & Heating regarding the Website and services. All previous agreements, understandings, and negotiations are superseded.

18. CONTACT US

For questions about these Terms of Service, contact us at:

Magic A/C & Heating

• Email: magic.ac.heating@gmail.com
• Phone: 409-988-8463 or 210-381-3670
• Address: New Braunfels, TX
• Hours: Open 24/7

By using this Website and booking services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: February 11, 2026