01 Definitions
For the purposes of these Terms:
- "T.Byrd's," "we," "us," "our": the customer-facing brand T.Byrd's Heating & Cooling, operated by TRU 72 T BYRD LLC in the Charlotte market and TRU72 NC LLC in the Raleigh & Triangle market
- "you," "your": the visitor, prospective customer, or customer engaging with the site or with our service
- "site": the website at tbyrdhvac.com and any subdomains
- "service" or "service work": the HVAC repair, installation, replacement, maintenance, indoor air quality, and related work T.Byrd's performs
- "communications": emails, SMS text messages, phone calls, and chat messages exchanged between T.Byrd's and you
- "Maintenance Plans": Cardinal Club and Mission Ready Plan, governed by separate Maintenance Plan Terms
- "estimate": a non-binding ballpark figure provided over the phone, by email, or via the site
- "quote": a written, itemized proposal for specific work
- "scope of work": the work described in a signed quote, invoice, or written change order
02 Use of the website
Permitted use
You may use the site for personal, non-commercial purposes, including browsing, submitting inquiries, booking service, applying for financing, and reading content. T.Byrd's does not require user accounts to use the site.
Prohibited use
You agree not to:
- Use the site for any unlawful purpose or in violation of any applicable law or regulation
- Scrape, crawl, harvest, or otherwise extract data from the site through automated means without our prior written permission
- Use bots, spiders, scripts, or any automated tools to access the site, except as permitted by our robots.txt and standard search-engine indexing
- Attempt to probe, scan, or test the vulnerability of the site, breach security or authentication measures, or interfere with the site's operation
- Reverse-engineer, decompile, or attempt to extract source code from any portion of the site
- Submit unlawful, abusive, harassing, defamatory, fraudulent, or misleading content through any form, review, chat, or communication channel
- Impersonate any person or misrepresent your identity or affiliation
- Collect or harvest personal information about other users
- Introduce malware, viruses, or any code intended to disrupt or damage the site or its users
Intellectual property
All content on the site, including text, photography, design, logos, code, layouts, and copy, is the property of T.Byrd's or used under license, and is protected by United States and international copyright, trademark, and other intellectual property laws. "T.Byrd's," the cardinal silhouette mark, and the wordmark are trademarks of T.Byrd's Heating & Cooling.
You are granted a limited, revocable, non-transferable license to view and print individual pages of the site for personal, non-commercial use. Any other reproduction, distribution, modification, public display, or creation of derivative works requires our prior written permission.
Information accuracy
Pricing, availability, equipment descriptions, service descriptions, and scheduling information shown on the site are estimates and are subject to change without notice. The site and its content are provided on an "as is" and "as available" basis. We make reasonable efforts to keep content accurate but do not warrant the completeness, accuracy, or reliability of blog content, FAQ content, or information sourced from third parties.
Third-party links, embeds, and integrations
The site links to and embeds third-party services that operate under their own terms and privacy policies. T.Byrd's is not responsible for the availability, content, terms, privacy practices, or any outage of these third-party services. Third parties involved in the operation of the site include, without limitation:
- Workflo, for forms, chat, booking, the Cardinal Club checkout, and the review widget
- GreenSky, for the financing application; the GreenSky financing program is governed entirely by your separate agreement with GreenSky
- Google Maps embeds on the contact pages, governed by Google Maps terms
- Payment processors handling Cardinal Club billing and any other site-based payments
- SMS gateway and aggregator providers used to deliver text-message communications
- Manufacturer warranty portals and other outbound links referenced from the site
By using a third-party integration on the site, you agree to that third party's terms and privacy policy in addition to these Terms.
User submissions
When you submit content through the site, including reviews, contact-form messages, chat conversations, or other user-generated content, the following applies:
- You retain ownership of your submission
- You grant T.Byrd's a non-exclusive, royalty-free, worldwide license to use, reproduce, display, adapt, and distribute the submission for purposes of service delivery, customer support, training, quality assurance, and marketing consistent with our Privacy Policy
- Reviews and similar submissions may be displayed publicly alongside the name you provide
- You represent that the submission is accurate, that you have the right to submit it, and that it does not violate the rights of any third party
- We may decline to display, edit for length or clarity, or remove submissions that are abusive, fraudulent, defamatory, off-topic, or unlawful
03 Service work terms
The following terms apply when T.Byrd's performs HVAC service at your home or property.
Service area
We dispatch to the cities listed on each market's location page: Charlotte market service area at /hvac-concord-nc/ and Raleigh & Triangle market service area at /hvac-raleigh-nc/. Service outside the listed areas is at our discretion and may include trip-fee adjustments, disclosed before scheduling.
Estimates and quotes
An estimate is a non-binding ballpark figure provided over the phone, by email, or via the site. A quote is a written, itemized proposal provided by T.Byrd's for specific work. Quotes are valid for 30 days from the date of issue, unless material market conditions (equipment cost, refrigerant cost, supplier availability) change in the interim. All quotes itemize labor, parts, and any third-party pass-through costs (permits, disposal). Scope changes during the work require a written change order and may adjust the quote accordingly.
Diagnostic fee and payment
The standard service-call diagnostic fee is $77. The diagnostic fee is credited toward the repair if you approve the repair on the same visit. Payment is due at completion of the work unless financing has been approved in advance. We accept credit cards, debit cards, ACH transfers, and (for established customers in good standing) checks. We do not require cash. Any late payment terms, including applicable late fees, are stated on the invoice.
Financing through GreenSky
We offer customer financing through GreenSky. When you apply for financing, your application is submitted directly to GreenSky. T.Byrd's does not underwrite the loan, set the interest rate or term, or own the approval decision. Pre-qualification with GreenSky uses a soft credit check that does not affect your credit score.
Once a loan is approved and the work is completed, T.Byrd's is paid by GreenSky and you repay GreenSky according to your loan agreement. The GreenSky financing program, including all loan terms, interest rates, fees, billing, refund and cancellation provisions, dispute resolution, and credit-related communications, is governed entirely by your separate agreement with GreenSky. T.Byrd's is not a party to that agreement and is not responsible for GreenSky's underwriting, billing, or customer service.
Warranty
T.Byrd's stands behind the work we perform with the following warranties:
- Parts warranty: 10 years on installed parts and components, consistent with the manufacturer's warranty terms for major HVAC equipment. Terms vary by manufacturer and equipment line and are documented in the materials provided with the installation.
- Labor warranty on installations: 1 year from the date of completion. T.Byrd's warrants the labor on new system installations for one year against defects in workmanship.
- Labor warranty on repairs: as stated on the repair invoice.
Warranty coverage is void if the equipment is modified by a third party, subjected to abuse or misuse, not maintained per manufacturer specification, damaged by casualty (flood, fire, storm), or operated outside the manufacturer's rated specifications. To file a warranty claim, contact T.Byrd's; we coordinate with the manufacturer where applicable. No verbal warranties extend beyond what is written in the quote, invoice, or this Section.
Scheduling and cancellation
Appointments are confirmed by email or SMS. If you need to cancel or reschedule, 24-hour notice is requested. If T.Byrd's must reschedule (weather, safety, supply, technician unavailability), we reschedule at no charge and accommodate emergency-priority customers first. We may delay or reschedule work for unsafe driving or working conditions.
Customer responsibilities
To allow our team to do the work well and safely, please:
- Provide safe, lawful access to the home and the HVAC system on the day of service
- Disclose pets in the home, alarm codes, and any accessibility constraints
- Disclose known prior service, modifications, or known issues with the system
- Provide a reasonably clear workspace around the equipment
- Be reachable by phone during the scheduled appointment window
Permits and code compliance
T.Byrd's pulls permits where required by North Carolina state code or applicable local code. Permit fees are passed through to you at cost and itemized on the quote or invoice. Our work meets or exceeds the North Carolina mechanical code in effect at the time of installation or repair. Subsequent code changes do not retroactively obligate us to remediate prior work.
Disposal of old equipment
Removal of old equipment is included in installation quotes unless noted otherwise. Refrigerant is recovered and disposed of in accordance with EPA Section 608 requirements. Recyclable materials are routed through the Cabarrus County (Charlotte market) or Wake County (Raleigh market) recycling streams.
04 SMS messaging terms
This Section governs the SMS text messages T.Byrd's sends to customers who opt in to receive them. These terms are provided alongside the SMS section of our Privacy Policy and are intended to support compliance with the Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, and A2P 10DLC carrier review standards.
SMS program description
SMS messages from T.Byrd's may include:
- Appointment confirmations and reminders
- Technician dispatch and arrival updates
- Service completion notifications and follow-up
- Customer support communication, including responses to inquiries
- Cardinal Club renewal and billing communication
- Review requests after a completed service
- Promotional messaging, sent only when you have provided separate promotional consent
Opt-in
You opt in to SMS through one of the following:
- The contact, booking, or service-request forms on the site
- The Cardinal Club checkout flow
- The chat widget or scheduling tools
- Verbal consent provided to T.Byrd's staff and documented in our CRM
A timestamped record of your opt-in, including the source and the message type you consented to receive, is retained for compliance review. Operational and transactional messaging (appointment confirmations, dispatch updates, service-related communication) is governed by your service consent; promotional messaging requires separate, explicit consent.
Message frequency and rates
Message frequency varies based on the nature of your service and the messages you have consented to receive. Standard message and data rates may apply per your wireless carrier plan. T.Byrd's does not control or set those rates.
Carrier disclaimer
Carriers are not liable for delayed or undelivered messages. SMS delivery depends on carrier conditions outside T.Byrd's control.
STOP and HELP
Reply STOP to any message at any time to opt out. Your opt-out is processed immediately upon receipt of the STOP reply and you will not receive further messages of that type. Reply HELP for assistance, or contact privacy@tbyrdhvac.com. You may re-opt-in at any time by submitting a new consent through a form, the booking flow, or by contacting us directly.
Age requirement
You must be at least 18 years of age to opt in to receive SMS messages from T.Byrd's. By providing consent, you confirm that you meet this age requirement.
Privacy
Information collected and shared in connection with SMS messaging is governed by our Privacy Policy. As stated there: no mobile information is shared with third parties or affiliates for marketing or promotional purposes, and SMS opt-in and consent records are excluded from third-party sharing except as required to deliver the messaging service.
Compliance
T.Byrd's adheres to the consent, opt-out, content, and disclosure requirements of the TCPA, the CTIA Messaging Principles and Best Practices, and applicable A2P 10DLC carrier review standards. For SMS-related questions or to confirm or revoke consent, contact privacy@tbyrdhvac.com, call (704) 703-6425 (Charlotte) or (919) 897-1111 (Raleigh & Triangle), or reply HELP to any message.
05 Limitations of liability
To the maximum extent permitted by applicable law, T.Byrd's liability under these Terms is limited as follows:
- T.Byrd's is liable for direct damages caused by our negligence in performing service work, capped at the amount you paid for the specific service that gave rise to the claim.
- T.Byrd's is not liable for indirect, incidental, consequential, special, or punitive damages, including lost wages, business interruption, spoiled food, hotel stays, or lost rental income.
- T.Byrd's is not liable for damages caused by pre-existing conditions in the home or system, third-party work performed before or after our service, third-party service outages or policy changes, or events of force majeure (see Section 07).
- These limits apply equally to T.Byrd's employees, contractors, and partners acting on our behalf.
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including liability for gross negligence, intentional misconduct, fraud, or personal injury caused by our negligence.
06 Indemnification
You agree to defend, indemnify, and hold harmless T.Byrd's and its officers, employees, contractors, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your misuse of the site, (b) false, misleading, or fraudulent statements made in service inquiries or applications, (c) your violation of these Terms, or (d) your violation of any applicable law or third-party right. T.Byrd's reserves the right to assume the defense of any matter subject to indemnification, in which case you agree to cooperate with our defense.
07 Force majeure
Performance under these Terms is excused for events outside the parties' reasonable control, including severe weather, natural disaster, supply-chain disruption, refrigerant or equipment shortage, pandemic, government action, utility outage at the work site, third-party service outage, or other events of force majeure. T.Byrd's will make reasonable efforts to reschedule or accommodate when force-majeure events delay work.
08 Dispute resolution
Governing law and venue
These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws principles. Venue for any action arising under these Terms is Cabarrus County (for Charlotte-market customers) or Wake County (for Raleigh-market customers); for ambiguous cases, venue is the North Carolina county where the service work was performed.
Informal resolution first
Before initiating formal action, you agree to contact T.Byrd's in writing within 30 days of the issue (email legal@tbyrdhvac.com or mail to the addresses in Section 10). T.Byrd's has 30 days from receipt to respond and attempt to resolve the matter informally.
Small-claims accessibility
Nothing in these Terms prevents either party from bringing an individual claim in small-claims court within the jurisdictional limits of that court.
09 Modifications and entire agreement
We may modify these Terms from time to time. Material changes are announced via a banner on the site for at least 30 days, and the Effective date at the top of this page is updated. Continued use of the site, continued engagement of service, or continued opt-in to communications after the effective date of an update constitutes acceptance of the updated Terms.
If any provision of these Terms is held unenforceable under applicable law, the remaining provisions continue in full force. These Terms, together with any signed quote, invoice, written change order, the Privacy Policy, and (where applicable) the Maintenance Plan Terms, constitute the entire agreement between you and T.Byrd's for the matters they cover. No verbal modifications are enforceable; all changes must be in writing.
10 Contact
For questions about these Terms or to send a notice required under these Terms:
- Legal notices: legal@tbyrdhvac.com
- General questions: support@tbyrdhvac.com
- Phone: (704) 703-6425 (Charlotte) or (919) 897-1111 (Raleigh & Triangle)
- Mail (Charlotte market): TRU 72 T BYRD LLC, 317 Wilshire Ave SW Suite 10, Concord NC 28025, Attn: Legal
- Mail (Raleigh & Triangle market): TRU72 NC LLC, 60 Mosswood Blvd 100, Youngsville NC 27596, Attn: Legal
