Terms & Conditions

Deason Design Services provides residential HVAC design and consulting services, including but not limited to:

• ACCA Manual J Load Calculations
• ACCA Manual S Equipment Selection
• ACCA Manual D Duct Design
• REScheck Compliance Reports
• HVAC design consulting
• Related engineering and construction documentation

All services are performed using information supplied by the Client.

The Client agrees to provide complete and accurate project information, including but not limited to:

• Architectural plans
• Elevations
• Window and door schedules
• Site information
• Mechanical specifications
• Equipment preferences (if applicable)
• Any revisions made after the original submission

DDS is not responsible for delays, inaccuracies, or additional costs resulting from incomplete, inaccurate, or outdated information supplied by the Client.

All calculations, reports, and designs are based solely upon the plans, specifications, and information submitted to DDS.

If the completed construction differs from the submitted information, the calculations and designs may no longer be accurate or applicable.

The Client, builder, contractor, installer, and homeowner remain responsible for verifying field conditions and ensuring construction matches the submitted plans before installation.

Corrections resulting from an error by DDS will be made at no additional charge.

Additional fees may apply for revisions resulting from:

• Architectural plan changes
• Customer-requested changes
• Specification changes
• Builder revisions
• Equipment changes
• Code changes after project completion
• Any changes to information originally submitted

Revision fees will be communicated before additional work begins.

Standard turnaround is generally 72 business hours after all required project information has been received.

Expedited services may be available for an additional fee.

Estimated turnaround times are provided as a courtesy and are not guaranteed.

DDS shall not be liable for delays caused by incomplete submissions, unforeseen workload, software outages, internet interruptions, weather events, or other circumstances beyond our reasonable control.

Payment is due according to the terms stated on the applicable invoice.

DDS reserves the right to withhold completed reports and documentation until payment has been received in full.

Invoices not paid when due may be subject to applicable late fees or collection costs as permitted by law.

The Client shall be responsible for reasonable costs incurred in collecting unpaid balances, including attorney’s fees and court costs where permitted by applicable law.

DDS performs calculations using accepted industry standards, applicable building codes, manufacturer performance data, ACCA methodologies, and professional judgment.

DDS does not perform field inspections unless specifically agreed to in writing.

Equipment installation, airflow balancing, commissioning, duct sealing, equipment setup, refrigerant charging, code compliance during installation, and workmanship remain solely the responsibility of the installing contractor.

To the fullest extent permitted by law, DDS shall not be liable for:

• Installation errors
• Contractor workmanship
• Construction defects
• Field modifications
• Code interpretations by local jurisdictions
• Equipment performance outside published specifications
• Utility costs
• Energy savings
• Comfort complaints resulting from conditions differing from submitted plans
• Delays caused by third parties

DDS’s total liability arising from any claim shall not exceed the amount paid by the Client for the specific project giving rise to the claim.

In no event shall DDS be liable for any indirect, incidental, consequential, special, or punitive damages.

Affiliated Companies

For purposes of these Terms, “Affiliated Companies” includes New Creation Designs, LLC, together with any other entity under common ownership or control with Deason Design Services that assists in the research, development, maintenance, improvement, or delivery of products, services, software, automation systems, artificial intelligence technologies, or other related technologies.

Intellectual Property

All reports, calculations, designs, layouts, documentation, website content, graphics, software, source code, workflows, templates, databases, automation systems, artificial intelligence technologies, and other proprietary materials created, developed, or provided by Deason Design Services and/or its Affiliated Companies remain their exclusive intellectual property unless otherwise agreed in writing.

Upon payment in full, the Client receives a limited, non-exclusive, non-transferable license to use the project deliverables solely for the specific project for which they were prepared. This license does not transfer ownership of any underlying intellectual property, software, methodologies, or proprietary technologies.

Unless expressly authorized in writing, the Client may not:

• Resell or redistribute DDS deliverables;
• Reuse DDS deliverables on another project;
• Modify DDS deliverables and represent them as the work of Deason Design Services;
• Reverse engineer, copy, reproduce, or create derivative works from DDS software, automation systems, workflows, or proprietary technologies;
• Use DDS deliverables, software, or proprietary materials to develop or support competing products or services.

Use of Submitted Materials and Technology Development

Deason Design Services and its Affiliated Companies, including New Creation Designs, LLC, develop proprietary software, automation systems, and artificial intelligence technologies to improve the products and services they provide.

By submitting architectural plans, drawings, specifications, calculations, photographs, CAD files, reports, measurements, project notes, or other project-related materials (collectively, “Submitted Materials”), the Client represents that it has the legal authority to provide those materials and grants Deason Design Services and its Affiliated Companies a non-exclusive, royalty-free license to use the Submitted Materials for:

• Providing requested services;
• Internal review and quality assurance;
• Product and service improvement;
• Research, testing, validation, maintenance, and software development; and
• The development, training, evaluation, testing, validation, maintenance, and improvement of artificial intelligence, machine learning, automation systems, computer vision systems, data processing systems, and other current or future proprietary technologies.

Where reasonably practicable, Submitted Materials may be anonymized, aggregated, or otherwise processed before being used for research, analytics, product development, or technology improvement.

The Client retains ownership of any intellectual property rights it possesses in the Submitted Materials. Nothing in these Terms transfers ownership of the Submitted Materials to Deason Design Services, New Creation Designs, LLC, or any other Affiliated Company.

All software, source code, algorithms, artificial intelligence models, machine learning systems, datasets, workflows, databases, automation tools, methodologies, trade secrets, derivative technologies, and any improvements or intellectual property developed through, informed by, trained upon, or otherwise resulting from the use of Submitted Materials shall remain the exclusive property of Deason Design Services and/or its Affiliated Companies.

The Client acquires no ownership interest in any software, artificial intelligence models, algorithms, datasets, workflows, automation systems, or other technologies developed or used by Deason Design Services or its Affiliated Companies, regardless of whether such technologies were trained, informed by, or improved using the Submitted Materials.

Submitted Materials will not be sold as standalone products or publicly distributed except (i) as required by applicable law, (ii) with the Client’s express authorization, or (iii) as reasonably necessary to provide the requested services by Deason Design Services or its Affiliated Companies.

DDS utilizes industry-standard software, engineering references, and manufacturer data.

DDS is not responsible for errors, interruptions, or changes resulting from third-party software providers outside of our reasonable control.

DDS does not guarantee:

• Permit approval
• Inspection approval
• Utility rebates
• Manufacturer acceptance
• Equipment availability
• Contractor performance
• Installation quality
• Energy savings

because these outcomes depend upon third parties and circumstances beyond DDS’s control.

All content on this website, including text, graphics, logos, pricing, photographs, downloadable documents, and software, is protected by applicable intellectual property laws.

No content may be copied, reproduced, modified, distributed, or republished without prior written permission from DDS.

Any suggestions, recommendations, comments, ideas, feature requests, or other feedback voluntarily provided by the Client regarding DDS, its website, products, software, or services may be used by DDS and its Affiliated Companies without restriction or compensation.

These Terms shall be governed by and interpreted in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Any legal action arising from these Terms or the services provided by DDS shall be brought exclusively in the state or federal courts located within the State of Delaware.

DDS reserves the right to modify these Terms at any time.

Changes become effective upon posting to this website. Continued use of the website or DDS services after any changes constitutes acceptance of the revised Terms.