Choose Your Plan

Welcome to TRALO.ca! These Online Terms and Conditions (the "Terms") govern Your enrollment in and use of the TRALO Annual Maintenance Subscription (the "Subscription") offered by TRALO™ Heating & Cooling, a trade name of 12232278 CANADA CORP. (hereinafter referred to as "TRALO", "we", "us", or "our"). By clicking "I Agree" or by otherwise enrolling in the Subscription through our website, You (hereinafter referred to as "Customer" or "You") acknowledge that You have read, understood, and agree to be legally bound by these Terms. If You do not agree to these Terms, You may not enroll in or use the Subscription.

IMPORTANT LEGAL NOTICE: These Terms contain critical provisions that affect Your legal rights, including limitations of TRALO's liability, specific exclusions from service, and clauses pertaining to billing, collections, and dispute resolution. Please read these Terms carefully before proceeding with enrollment.

1. Acceptance of Terms and Electronic Consent

By electronically accepting these Terms, You confirm that You are at least eighteen (18) years of age and have the legal capacity to enter into this binding agreement. You agree that Your electronic acceptance constitutes Your signature and Your consent to be bound by these Terms. You also consent to receive all communications, disclosures, and notices from TRALO electronically, including but not limited to notices regarding Your Subscription, billing, and any amendments to these Terms.

2. Subscription Tiers and Service Scope

TRALO offers two distinct tiers of Annual Maintenance Subscription, each providing a specific scope of preventative maintenance services for residential heating, ventilation, and air conditioning (HVAC) equipment. The specific services applicable to You are determined by the Subscription Tier You select during the online enrollment process, subject to the exclusions and limitations detailed within these Terms.

Clarification on Service: The TRALO Annual Maintenance Subscription provides preventative maintenance services, which typically include cleaning, inspection, and basic adjustments to help maintain the efficiency and operation of Your covered equipment. This Subscription does not cover repairs, parts replacement, or guarantee against future equipment failure. Any issues identified during a service visit that require repairs or parts will be quoted separately.

3. Equipment Eligibility and Service Details

Coverage under the Subscription is restricted to residential-grade HVAC equipment located at the service address You provide during enrollment. Each Subscription covers the specified equipment as per Your selected tier. Ductless or wall units are covered under specific scaling logic as outlined below.

3.1. Ductless System Scaling Logic

The base Subscription covers one (1) outdoor unit and up to two (2) indoor ductless heads. Additional indoor ductless heads (beyond the initial two) will incur an additional monthly charge of $4.00 per head. Each additional outdoor condenser (representing a full second mechanical system) will incur an additional monthly charge of $12.00 per unit. A secondary furnace or boiler will also incur an additional monthly charge of $12.00 per unit. Gas fireplaces can be added for an additional monthly charge of $6.00, which includes an annual safety inspection.

3.2. Parts and Repairs

The TRALO Annual Maintenance Subscription is for preventative maintenance services only. Parts and repairs are not included in either the Single Unit Maintenance or Whole Home Maintenance Subscriptions. All necessary parts for repairs, and the labor associated with those repairs (beyond the scope of the annual service visit), will be quoted separately and charged to the Customer. TRALO will provide a detailed estimate for parts and repair labor costs prior to any repair work being performed.

4. TRALO Installation Credit Program (Loyalty Program)

TRALO offers an Installation Credit Program designed to reward Customer loyalty and provide tangible value towards future HVAC system upgrades. Fifty percent (50%) of the monthly subscription fees paid by the Customer for an active Subscription will accumulate as a credit (the "Installation Credit") toward the future purchase and installation of a new, full HVAC system (Furnace, Air Conditioner, or Heat Pump) from TRALO.

4.1. Credit Accumulation and Expiration

Installation Credits are subject to a five-year (60-month) rolling expiration policy. Any subscription fees paid more than sixty (60) months prior to the date of a new installation contract shall automatically expire and be removed from the Customer's available credit balance. It is the Customer's sole responsibility to monitor their accumulated credits and ensure timely redemption. TRALO shall not be liable for expired credits.

4.2. Redemption Conditions and Limitations

Installation Credits are non-transferable, possess no cash value, are non-refundable, and can only be applied as a discount against a new TRALO HVAC system installation. Credits are attached to the address of the client's home. Credits are applied for homeowners only. Credits cannot be used for service repairs, parts purchases, or third-party products or services. To redeem accumulated credits, Your account must be active and in good standing, with no overdue balances or breaches of these Terms. The maximum Installation Credit that can be applied to a single new system installation is capped at $900 for Single Unit Maintenance customers and $1,500 for Whole Home Maintenance customers. Credits apply to certain products and tiers of HVAC units.

5. Term, Billing, and Termination

5.1. Commencement of Coverage, Initial Term and Renewal

Coverage under Your selected TRALO Annual Maintenance Subscription will commence three (3) days following the successful processing of Your initial payment. The initial term for all TRALO Annual Maintenance Subscriptions is twelve (12) months, commencing from this coverage start date. Upon the successful completion of this initial term, the Agreement shall automatically renew on a month-to-month basis, unless terminated earlier in accordance with the provisions herein. TRALO reserves the right to adjust monthly fees upon renewal, with prior written notice to the Customer. Packages might differ in maintenance servicing depending on package and TRALO maintenance season.

5.2. Online Billing and Payment Authorization

By enrolling in the Subscription, You authorize TRALO to charge Your designated payment method (credit card) on a recurring monthly basis for all applicable fees, including monthly subscription charges, taxes, and any additional charges for services or parts not covered by the Subscription. You agree to keep Your payment information current and valid. All listed prices are exclusive of applicable provincial and federal taxes (HST/GST), which will be added to each invoice.

5.3. Overdue Accounts, Interest, and Collections

Any payment not received by TRALO on its due date shall be considered overdue. Overdue balances will be subject to an interest charge of two percent (2%) per month, equivalent to an annual interest rate of twenty-four percent (24%), calculated from the due date until paid in full. In the event of persistent non-payment or an overdue balance exceeding sixty (60) days, TRALO reserves the right, without prejudice to any other rights or remedies, to:

• Immediately suspend all services under these Terms without prior notice to the Customer.
• Terminate these Terms with immediate effect.
• Any/all TRALO warranties associated with the equipment will be voided and terminated.
• Pursue collection of all outstanding amounts, including accrued interest, late payment fees, and any legal, administrative, or collection agency fees incurred by TRALO, to the fullest extent permitted by law. This may include, but is not limited to, reporting overdue accounts to credit bureaus, which may negatively impact Your credit rating.

5.4. Cancellation Policy

You may terminate these Terms after the initial twelve-month term by providing thirty (30) days' written notice to TRALO. Such notice must be submitted through Your online customer portal or sent to TRALO's designated email address. If You elect to cancel the Subscription within the initial 12-month term, You shall be liable for either the remaining balance of the annual contract or the full retail value of any services provided by TRALO during that period, whichever amount is less. TRALO reserves the right to terminate these Terms at any time for cause, including but not limited to breach of terms by You, equipment deemed unsafe, non-payment, or repeated failure to provide access for scheduled maintenance.

5.5. Transferability (the Subscription is tied to the current home and does not transfer to a new home)

Should You relocate, the Subscription and any accumulated Installation Credits (subject to the 5-year rolling expiration) may not be transferred to Your new residence, provided the new location is within TRALO's designated service area and the equipment at the new residence meets TRALO's eligibility criteria. TRALO reserves the right to approve or deny such transfer at its sole discretion.

6. Exclusions from Service and Liability

These Terms do not cover, and TRALO shall not be liable for, damages or repairs necessitated by:

• Acts of God, including but not limited to fire, flood, lightning strikes, earthquakes, or severe weather events.
• Vandalism, theft, civil unrest, or acts of war.
• Unauthorized repairs, modifications, or alterations performed by parties other than TRALO.
• Negligence, misuse, abuse, or improper operation of the equipment by the Customer or third parties.
• Lack of routine maintenance not performed by TRALO, leading to equipment failure.
• Power surges, fluctuations, or failures not directly attributable to the HVAC system itself.
• Secondary or consequential damages, including but not limited to property damage (e.g., water damage from leaks, mold growth), personal injury, loss of income, food spoilage, temporary lodging expenses, or any other indirect losses arising from equipment failure.
• Cosmetic parts, filters, refrigerant, or consumable items.
• Pre-existing defects, damages, non-compliance with local safety codes, or equipment designated as "red-tagged" by a utility provider prior to enrollment.

7. Limitation of Liability and Indemnification

TRALO acts solely as a service provider and is not the manufacturer of the equipment. TRALO makes no warranties, express or implied, regarding the merchantability, fitness for a particular purpose, or performance of the equipment beyond the specific preventative maintenance services explicitly outlined herein. You acknowledge that TRALO's total aggregate liability for any claim arising out of or related to these Terms, whether in contract, tort, or otherwise, shall be strictly limited to the total fees paid by You to TRALO under these Terms during the twelve (12) months immediately preceding the event giving rise to the claim.

TRALO shall not be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages, including but not limited to loss of profits, business interruption, loss of data, property damage (beyond direct damage to covered equipment), personal injury, or temporary lodging expenses, even if TRALO has been advised of the possibility of such damages. You agree to indemnify, defend, and hold harmless TRALO, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with Your use or misuse of the equipment, any breach of these Terms by You, or any act or omission of You or third parties.

8. General Provisions

8.1. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of laws principles. Any and all disputes, controversies, or claims arising out of or relating to these Terms, or the breach thereof, shall be submitted to and finally resolved by the courts located in the Province of Ontario, and the parties hereby irrevocably attorn to the exclusive jurisdiction of such courts.

8.2. Entire Agreement

These Terms, together with any attached schedules or addenda, constitute the entire agreement between TRALO and the Customer concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No oral representations or statements shall be binding upon TRALO.

8.3. Amendments

TRALO reserves the unilateral right to amend, modify, or update these Terms at any time. Any such amendments will be communicated to the Customer in writing (which may include electronic notification via email or notice on the TRALO.ca website) at least thirty (30) days prior to their effective date. Continued use of the Subscription after such notification shall constitute the Customer's acceptance of the amended Terms. If You do not agree with the amended Terms, Your sole remedy is to terminate the Agreement in accordance with Section 5.4.

8.4. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been a part of these Terms.

8.5. Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and TRALO's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver shall only be effective if it is in writing and signed by an authorized representative of TRALO.

8.6. Assignment

These Terms are personal to the Customer and may not be assigned or transferred by the Customer without the prior written consent of TRALO. TRALO may assign or transfer these Terms, in whole or in part, without Your consent.

ELECTRONIC ACCEPTANCE

By clicking the "I Agree" or by otherwise enrolling in the TRALO Annual Maintenance Subscription, You acknowledge that You have read, understood, and agree to all terms and conditions contained within these TRALO.ca Annual Maintenance Subscription Online Terms and Conditions. This includes, but is not limited to, the three (3) day waiting period for coverage commencement, the five-year (60-month) rolling expiration policy on Installation Credits, the labor-only nature of the annual service visit (parts and repairs not included), and the provisions regarding overdue accounts, interest charges (24% per annum), and TRALO's rights to collections and service suspension/termination.