Terms and Conditions

1. Agreement to Terms

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Chris’s Diesel Service, a Texas-based business (“Chris’s Diesel Service,” “we,” “us,” or “our”). They govern your access to and use of Chris’s Diesel Service’s services, website, communications, and any related deliverables (collectively, the “Services”).

By engaging Chris’s Diesel Service’s Services, signing a Service Agreement or Statement of Work, making a payment, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

These Terms apply to all clients, prospective clients, website visitors, and any individuals or entities that receive communications from Chris’s Diesel Service, including SMS messages sent as part of our A2P 10DLC messaging program.

2. Description of Services

Chris’s Diesel Service provides automotive and diesel repair services including, but not limited to: auto and car repair, diesel truck repair, heavy equipment repair, fleet services, paint and body, welding, engine rebuilds, and related maintenance and consulting services.

The specific scope, deliverables, timeline, and pricing for your engagement are defined in a separate Service Agreement or Statement of Work (“SOW”) entered into between you and Chris’s Diesel Service. In the event of a conflict between these Terms and a signed SOW, the SOW controls for the specific terms it addresses. These Terms govern all other matters.

Chris’s Diesel Service reserves the right to modify, suspend, or discontinue any aspect of its Services at any time with reasonable notice to active clients. We are not liable to you or any third party for any modification, suspension, or discontinuation of Services, provided that we fulfill obligations under any active SOW.

3. Client Responsibilities

The effectiveness of Chris’s Diesel Service’s Services depends substantially on your participation, responsiveness, and provision of accurate information. You agree to:

• Provide accurate, complete, and current information about your vehicle, equipment, or business, including your legal name, physical address, and any details required to perform the Services.
• Respond to requests for approvals, feedback, and other inputs within the timeframes specified in your SOW or, where no timeframe is specified, within five business days.
• Review and approve all deliverables within the review window specified in your SOW. Approval may be given in writing via email. Continued use of a deliverable without objection constitutes approval.
• Notify Chris’s Diesel Service promptly of any changes that may affect the Services, including changes to your address, phone number, business hours, ownership, or relevant legal or regulatory matters.
• Ensure that all information, content, images, and other materials you provide to Chris’s Diesel Service do not infringe the intellectual property rights of any third party and do not violate any applicable law.
• Use Chris’s Diesel Service’s Services only for lawful purposes and in compliance with all applicable local, state, federal, and international laws and regulations.

4. Fees and Payment Terms

Fees

Fees for Services are set forth in your SOW. All fees are quoted and payable in U.S. dollars. Chris’s Diesel Service reserves the right to adjust its standard rates upon written notice of no less than 30 days prior to the start of a new billing period.

Invoicing and Payment

Unless otherwise specified in your SOW, invoices are issued upon completion of service or as otherwise agreed. Payment is due within 15 days of the invoice date. Chris’s Diesel Service accepts payment via cash, check, credit card, or other methods specified at invoicing. Credit card payments may be subject to a processing fee as disclosed at the time of payment.

Late Payments

Invoices not paid within 15 days of the due date are considered past due. Chris’s Diesel Service reserves the right to: (a) charge a late fee of 1.5% per month (or the maximum amount permitted by applicable law, whichever is less) on any outstanding balance; (b) suspend Services until the account is brought current; and (c) terminate the engagement in accordance with Section 11 of these Terms. You are responsible for all reasonable costs Chris’s Diesel Service incurs in collecting overdue amounts, including attorney’s fees.

Disputed Invoices

If you believe an invoice contains an error, you must notify Chris’s Diesel Service in writing within 10 days of the invoice date. Undisputed portions of any invoice remain due and payable.

Taxes

You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities on your purchase of Services, excluding taxes on Chris’s Diesel Service’s income.

Refunds

Fees paid for Services that have been delivered or are in progress are non-refundable unless otherwise specified in your SOW or required by applicable law. If Chris’s Diesel Service fails to deliver Services as specified in a signed SOW due to our own error or omission, we will, at our election, re-perform the affected Services or provide a prorated credit.

5. Intellectual Property

Client Content

You retain all ownership rights in the content, materials, data, trademarks, logos, and other intellectual property that you provide to Chris’s Diesel Service in connection with the Services (“Client Content”). By providing Client Content, you grant Chris’s Diesel Service a non-exclusive, royalty-free license to use, reproduce, display, and distribute the Client Content solely to perform the Services.

Chris’s Diesel Service Materials

All content on Chris’s Diesel Service’s website, including text, graphics, logos, and software, is the property of Chris’s Diesel Service or its licensors and is protected by applicable intellectual property law. You may not reproduce, distribute, or create derivative works from any Chris’s Diesel Service materials without prior written permission.

Portfolio and Case Study Rights

Unless you have submitted a written request to opt out, Chris’s Diesel Service reserves the right to reference your business by name, display samples of work performed, and describe the results achieved in its marketing materials, website, proposals, and case studies.

6. Confidentiality

Each party may have access to information that is confidential to the other party (“Confidential Information”). Confidential Information includes, but is not limited to: business strategies, financial data, client lists, pricing, technical systems, login credentials, and any information designated as confidential.

Each party agrees to: (a) hold the other party’s Confidential Information in strict confidence; (b) not disclose Confidential Information to any third party without prior written consent; and (c) use the other party’s Confidential Information only to perform its obligations under these Terms or a relevant SOW.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly known through no breach of this agreement; (b) was rightfully known before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law, regulation, or court order.

7. Representations and Warranties

Mutual Representations

Each party represents and warrants that: (a) it has full legal authority to enter into these Terms and any applicable SOW; (b) it will perform its obligations in compliance with all applicable laws; and (c) its performance will not violate any agreement with a third party.

Client Representations

You represent and warrant that: (a) all Client Content you provide is accurate and does not infringe the intellectual property rights, privacy rights, or other rights of any third party; (b) you have obtained all necessary consents and permissions; and (c) you will not use the Services for any unlawful, deceptive, or fraudulent purpose.

Chris’s Diesel Service Representations

Chris’s Diesel Service represents and warrants that it will perform the Services in a professional and workmanlike manner consistent with industry standards. We do not guarantee specific outcomes such as repair timelines or part availability. Vehicle and equipment conditions vary, and results are affected by many factors outside our control.

8. Disclaimer of Warranties

Except as expressly set forth in Section 7, the Services are provided “as is” and “as available” without warranty of any kind. Chris’s Diesel Service expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

This disclaimer applies to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion of implied warranties, so this disclaimer may not apply to you in full.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Chris’s Diesel Service’s total cumulative liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the total fees paid by you to Chris’s Diesel Service in the three months immediately preceding the event giving rise to the claim.

In no event shall Chris’s Diesel Service be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, data, goodwill, or business opportunities, even if Chris’s Diesel Service has been advised of the possibility of such damages.

This limitation applies regardless of the legal theory under which the claim is brought. Some jurisdictions do not allow the limitation of consequential damages, so this limitation may not apply to you in full.

10. Indemnification

You agree to indemnify, defend, and hold harmless Chris’s Diesel Service and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to:

• Your use or misuse of the Services.
• Your breach of these Terms or any applicable SOW.
• Client Content you provide to Chris’s Diesel Service, including any claim that such content infringes the intellectual property or other rights of a third party.
• Your violation of any applicable law or regulation.
• Any dispute between you and a third party in connection with matters arising from the Services.

Chris’s Diesel Service reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you.

11. Term and Termination

Term

These Terms remain in effect for as long as you engage Chris’s Diesel Service’s Services or maintain an account with us.

Termination by Client

You may terminate a Service engagement by providing written notice to Chris’s Diesel Service per the notice period specified in your SOW. Where no notice period is specified, 30 days written notice is required. You remain responsible for all fees accrued through the termination date.

Termination by Chris’s Diesel Service

Chris’s Diesel Service may terminate a Service engagement or suspend access to Services at any time: (a) with 30 days written notice for any reason; (b) immediately upon your material breach of these Terms or your SOW, if the breach remains uncured 10 days after written notice; or (c) immediately if you fail to pay any amount due and do not cure the failure within 10 days of written notice.

Effect of Termination

Upon termination: (a) all rights granted to each party under these Terms terminate except as needed to wind down the engagement; (b) each party will promptly return or destroy the other party’s Confidential Information; (c) all payment obligations accrued before termination survive.

Sections 5, 6, 7, 8, 9, 10, 14, and 15 survive termination of these Terms.

12. SMS Messaging Terms (A2P 10DLC)

This section governs all SMS messages sent and received as part of Chris’s Diesel Service’s A2P 10DLC messaging program.

Messaging Consent

By providing your mobile phone number to Chris’s Diesel Service or opting in to receive SMS communications, you consent to receive text messages including: appointment reminders, project status updates, billing notifications, service alerts, promotional offers, and other business communications. Message frequency will vary based on your engagement with our Services.

Data Rates and Charges

Standard message and data rates may apply. These charges depend on the terms of your mobile carrier plan and are your responsibility.

Opt-Out Instructions

To stop receiving SMS messages from Chris’s Diesel Service, reply STOP to any message at any time. To resume, reply START. For help, reply HELP or contact us at cdieselservice@yahoo.com.

Message Delivery

Chris’s Diesel Service does not guarantee that SMS messages will be delivered without delay or failure. Delivery issues may occur due to factors outside our control, including network outages, carrier-level filtering, or device compatibility.

Prohibited Use

You agree not to use your messaging communications with Chris’s Diesel Service to transmit content that is unlawful, harassing, abusive, threatening, defamatory, obscene, or otherwise objectionable.

Compliance with Telecommunications Law

Our SMS messaging program is operated in compliance with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act where applicable, CTIA guidelines, and all applicable carrier requirements for A2P 10DLC messaging.

13. Third-Party Platforms and Services

Chris’s Diesel Service’s Services may involve use of, integration with, or links to third-party platforms, tools, or services. Chris’s Diesel Service does not own or control these platforms and is not responsible for their terms of service, privacy practices, availability, or performance.

Changes by third-party platforms may affect the results of our Services. Such changes are outside Chris’s Diesel Service’s control and do not constitute a breach of these Terms or any SOW.

14. Dispute Resolution

Informal Resolution

Before initiating any formal dispute process, you agree to contact Chris’s Diesel Service in writing at cdieselservice@yahoo.com and attempt to resolve the dispute informally. Chris’s Diesel Service will respond within 15 business days.

Binding Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Midland, Texas, or by remote means if both parties agree. The arbitrator’s decision shall be final and binding.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.

Exceptions

Notwithstanding the foregoing, either party may seek: (a) emergency injunctive or equitable relief in any court of competent jurisdiction; and (b) claims that fall within the jurisdiction of a small claims court in Midland, Texas.

15. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. To the extent any dispute is not subject to arbitration under Section 14, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Midland County, Texas.

16. Force Majeure

Chris’s Diesel Service is not liable for any delay or failure to perform our obligations under these Terms or any SOW if the delay or failure results from causes beyond our reasonable control. This includes, but is not limited to: acts of God, natural disasters, pandemics, government actions, telecommunications or infrastructure failures, labor disputes, cyberattacks, or third-party platform outages.

17. Changes to These Terms

Chris’s Diesel Service reserves the right to modify these Terms at any time. If we make material changes, we will notify you by email and/or post a notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date of any change constitutes your acceptance of the updated Terms.

If you do not agree to any updated Terms, you must notify us in writing before the effective date and, if applicable, exercise your termination rights under Section 11.

18. General Provisions

Entire Agreement

These Terms, together with any signed SOW or Service Agreement, constitute the entire agreement between you and Chris’s Diesel Service regarding the Services and supersede all prior agreements.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Chris’s Diesel Service’s failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms without Chris’s Diesel Service’s prior written consent. Chris’s Diesel Service may assign these Terms without restriction in connection with a merger, acquisition, or sale of substantially all of its assets.

Relationship of the Parties

Chris’s Diesel Service is an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship between you and Chris’s Diesel Service.

Notices

All legal notices under these Terms must be in writing. Notices to Chris’s Diesel Service must be sent to: cdieselservice@yahoo.com or by U.S. mail to Chris’s Diesel Service, 4310 TX-349, Midland, TX 79706.

Electronic Communications

You consent to receive communications from Chris’s Diesel Service electronically, including via email and SMS where applicable. You agree that all agreements, notices, disclosures, and other communications delivered electronically satisfy any legal requirement that such communications be in writing.