Terms Of Service, Privacy Policy & Cancellation Policy

Terms of Service

Introduction

All intellectual property rights in our Services, including, without limitation, all software, text, graphics, logos, images, and other content, are owned by NIKKI'S HEATING AND COOLING or its licensors and are protected by applicable intellectual property laws. Except as expressly permitted by these Terms, you may not reproduce, modify, transmit, distribute, or otherwise use our Services, or any portion thereof, in any form or by any means.

Eligibility and Account Registration

To use our Services, you must be at least 18 years of age, possess the legal capacity to enter into a binding agreement, and not be barred from using our Services under applicable law. You may be required to create an account with NIKKI'S HEATING AND COOLING and provide certain information about yourself to access or use certain features of our Services. You agree to provide accurate, current, and complete information during the registration process and to update such information as needed. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to notify NIKKI'S HEATING AND COOLING immediately of any unauthorized use of your account or any other breach of security.

Use of Services

Subject to these Terms, NIKKI'S HEATING AND COOLING grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services for your personal or internal business purposes, as applicable. You agree not to use our Services for any other purpose, including, without limitation, any commercial purpose, without the prior written consent of NIKKI'S HEATING AND COOLING.

You agree not to use our Services in any manner that:

violates any applicable law, regulation, or court order;

infringes upon the rights of any third party, including, without limitation, copyright, trademark, trade secret, privacy, or other intellectual property rights;

is abusive, harassing, defamatory, obscene, or otherwise offensive or objectionable;

interferes with or disrupts the operation of our Services or the servers or networks connected to our Services;

involves the unauthorized use, access, or distribution of any data, information, or content;

involves the use of any automated system or software to extract data from our Services, including, without limitation, “bots”, “spiders”, or “scrapers”; or

attempts to gain unauthorized access to, interfere with, damage, or disrupt any part of our Services, the server on which our Services are stored, or any server, computer, or database connected to our Services.

Compensation of Contractors and Referral Partners

NIKKI'S HEATING AND COOLING LLC (“NIKKI'S HEATING AND COOLING”) engages a network of contractors and referral partners, who are compensated primarily through commission-based structures. This section sets forth the terms regarding such compensation.

General Compensation Framework: Contractors and referral partners are compensated based on a commission model, which is determined by the performance metrics or outcomes as predefined by NIKKI'S HEATING AND COOLING. Specific details of the compensation structure are communicated to contractors and referral partners through official NIKKI'S HEATING AND COOLING channels.

Right to Modify Compensation Terms: NIKKI'S HEATING AND COOLING retains the sole discretion to modify, revise, or update the compensation structure for contractors and referral partners at any time. This includes, but is not limited to, changes in commission rates, performance metrics, and payment procedures.

Notification of Changes: NIKKI'S HEATING AND COOLING commits to providing timely notification to all affected parties prior to implementing any changes to the compensation terms. However, given the dynamic nature of our business, such changes may be effective immediately upon notification.

Acceptance of Terms: Continuation of services by a contractor or referral partner after any modifications to the compensation terms will be regarded as acceptance of the new terms.

ndependent Contractor Status: It is expressly understood that contractors and referral partners operate as independent entities and not as employees of NIKKI'S HEATING AND COOLING. As such, they are solely responsible for any tax obligations or other liabilities arising from their compensation.

Intellectual Property Rights

User Content

You are solely responsible for any content that you create, transmit, or display while using our Services ("User Content"). By submitting User Content, you grant NIKKI'S HEATING AND COOLING a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with our Services and for the promotion of NIKKI'S HEATING AND COOLING's business, products, and services. You represent and warrant that you have all necessary rights, licenses, and consents to submit and use the User Content in connection with our Services and that the User Content does not violate any third-party rights, including, without limitation, intellectual property rights, privacy rights, or rights of publicity.

Third-Party Services and Links

Our Services may contain links to third-party websites, products, or services that are not owned or controlled by NIKKI'S HEATING AND COOLING. We do not endorse or assume responsibility for any such third-party sites, products, or services. If you access a third-party website or service from our Services, you do so at your own risk, and you understand that these Terms do not apply to your use of such third-party services.

Termination

We reserve the right to suspend or terminate your access to our Services, with or without notice, for any reason, including, without limitation, if we believe that you have violated these Terms, engaged in fraudulent or illegal activity, or for any other reason in our sole discretion.

Disclaimers

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NIKKI'S HEATING AND COOLING does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Your use of our Services is at your sole risk.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event will NIKKI'S HEATING AND COOLING, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of, or inability to access or use, our Services, any conduct or content of any third party on our Services, any content obtained from our Services, or unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Indemnification

You agree to defend, indemnify, and hold harmless NIKKI'S HEATING AND COOLING, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, your User Content, any use of our Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from our Services.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which NIKKI'S HEATING AND COOLING is located, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within that jurisdiction for any disputes arising out of or relating to these Terms or our Services.

Changes to the Terms

NIKKI'S HEATING AND COOLING reserves the right to modify these Terms at any time in its sole discretion. If we make changes, we will notify you by revising the "Last Updated" date at the top of these Terms and, in some cases, we may provide additional notice, such as by sending an email notification or posting a notice on our Services. By continuing to access or use our Services after any changes to these Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using our Services.

Miscellaneous

These Terms, together with any other agreements or terms referenced herein or incorporated by reference, constitute the entire agreement between you and NIKKI'S HEATING AND COOLING concerning your use of our Services and supersede all prior or contemporaneous understandings, agreements, or representations, whether written or oral, with respect to the subject matter hereof.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

Contact Information

If you have any questions or concerns about these Terms or our Services, please contact us at [email protected].

Last Updated: November 30th, 2023

Cancellation Policy

NIKKI'S HEATING AND COOLING LLC ("NIKKI'S HEATING AND COOLING")

Last Updated: April 28, 2023

This Cancellation Policy (“Policy”) governs the cancellation and refund procedures for SaaS products and marketing services provided by NIKKI'S HEATING AND COOLING LLC (“NIKKI'S HEATING AND COOLING”, “we”, “us”, or “our”). By using our SaaS products and marketing services, you agree to abide by this Policy. If you do not agree with the terms of this Policy, please do not use our services.

Account Cancellation

To cancel your account with NIKKI'S HEATING AND COOLING, you must provide a written cancellation request via email to our support team at [email protected]. Please include your account information and the reason for your cancellation in the email. Upon receipt of your cancellation request, we will process it within 48 hours and send you a confirmation email.

Please note that account cancellations must be submitted at least three (3) business days before your next billing cycle. If you submit your cancellation request less than three (3) business days before your next billing cycle, you will be charged for the upcoming month, and your account will be terminated at the end of that billing cycle.

Refund Policy

Please be advised that due to the customized nature of our services, including but not limited to, marketing, public relations, content creation, advertising, and software solutions, all services provided by NIKKI'S HEATING AND COOLING LLC are non-refundable. Acceptance of our services and payment indicates your agreement to this policy. Refunds are not available once we have commenced work on the agreed-upon services. While our services are non-refundable, we are deeply committed to ensuring the highest level of client satisfaction. Should you have any concerns or issues regarding the services rendered, we encourage you to contact us promptly. Our dedicated team will strive to address and resolve your concerns in a timely and professional manner.

Termination by NIKKI'S HEATING AND COOLING

We reserve the right to terminate your account without prior notice if but not limited to you violate any terms and conditions of our Terms of Service or this Cancellation Policy. In the event of account termination by NIKKI'S HEATING AND COOLING, you will not be entitled to a refund for any unused portion of your subscription. NIKKI'S HEATING AND COOLING reserves the sole right to terminate any account at any time at its sole discretion including partners accounts. Upon termination, NIKKI'S HEATING AND COOLING will suspend your access to it’s platform and but not limited to all offers, services, compensations, clients and data within the NIKKI'S HEATING AND COOLING ecosystem.

Changes to this Policy

We may update this Cancellation Policy from time to time. Any changes will be posted on this page with an updated "Last Updated" date. Your continued use of our SaaS products and marketing services after any changes to this Policy constitutes your acceptance of the updated terms.

Contact Information

If you have any questions or concerns about this Cancellation Policy or our SaaS products and marketing services, please contact us at:

NIKKI'S HEATING AND COOLING LLC

[email protected]

Thank you for choosing NIKKI'S HEATING AND COOLING for your SaaS and marketing needs.

Privacy Policy

Last updated: August 19, 2024

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Privacy Policy Generator.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Nikki's Heating and Cooling.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to: Illinois, United States

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

Service refers to the Website.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to Nikki's Heating and Cooling, accessible from https://nikkisheatingandcooling.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address

First name and last name

Phone number

Address, State, Province, ZIP/Postal code, City

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.

Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies on TermsFeed website article.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage Your requests to Us.

For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.

For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.

With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.

With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.

With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.

With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one, and visiting the account settings section that allows you to manage Your personal information. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation

Protect and defend the rights or property of the Company

Prevent or investigate possible wrongdoing in connection with the Service

Protect the personal safety of Users of the Service or the public

Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If you have any questions about this Privacy Policy, You can contact us:

By email: [email protected]