Membership Terms and Conditions 

These Terms and Conditions, together with the accompanying enrollment form (the “Agreement”), govern the maintenance membership program (the “Program”) offered by Action Plumbing, Heating and Air Conditioning, Inc. (“Company”) to the enrolling customer (“Customer”). By enrolling in the Program, Customer agrees to be bound by this Agreement. 

1. Service Address. The Program is offered only for single-family residential dwellings at the service address identified in the enrollment form (the “Address”). The fees set forth in the enrollment form are based on one (1) HVAC system at the Address. If the Address contains more than one HVAC system, an additional fee will be charged per additional system, as set forth in the enrollment form.  This Agreement is tied to the Address and is not transferable to a different property.
    
2. Scheduling.  It is Customer’s responsibility to contact Company and schedule maintenance visits and any other service calls. Although Company may attempt to contact Customer proactively to schedule maintenance visits or send reminders as a courtesy, Company is under no obligation to do so, and Company will not be responsible for any maintenance visits that are not performed due to Customer’s failure to schedule them. Customer must be current on all membership fees in order to receive Program benefits or to schedule or complete any new service projects.
    
3. Term.  The initial term of this Agreement is twelve (12) months from the date of enrollment (“Initial Term”). Customer may not cancel this Agreement during the Initial Term, except upon a sale of the Address. Following the Initial Term, this Agreement will automatically renew on a month-to-month basis and Customer may cancel this Agreement at any time upon thirty (30) days’ prior notice.  Upon cancellation for any reason during the Initial Term, Customer shall pay Company an amount equal to all unpaid membership fees that would have been due for the remainder of the Initial Term.  Upon cancellation, Customer’s benefits under the Program shall terminate but Customer is responsible for the costs of any additional services provided prior to cancellation that were not covered under the Program.  
    
4. Payment.  By enrolling in the Program, Customer authorizes the Company to charge the payment method on file for all recurring membership charges on each scheduled billing date for the duration of this Agreement. If any payment is not made when due, Customer’s membership benefits may be suspended until the account is brought current. A late fee may be applied.  If Customer’s account remains past due for ninety (90) days, Customer’s membership will be deemed cancelled and Customer will remain responsible for the amounts required under Section 3. Customer agrees to promptly inform Company of any change to Customer’s contact information, mailing address, or payment method. 
    
5. Termination.  The Company may suspend service or terminate the Program immediately or on written notice if Customer fails to pay amounts due, Customer materially breaches this Agreement, conditions at the Address are unsafe, or if the Company elects to discontinue the Program in its discretion.
    
6. Communications.  Customer consents to receive communications from the Company relating to the Program, appointments, payments, renewals, service reminders, and account using the contact information on the enrollment form, including by phone, text message, and email.
    
7. Exclusions.  If the Company determines that a system requires extraordinary cleaning, restoration, or repairs before maintenance can be meaningfully performed, that work is not covered by the Program and will be quoted separately.  Membership provides preferred access to after-hours emergency service and may include a waived after-hours dispatch charge for covered system-related service needs, as determined by the Company. The Program does not cover repairs, labor, diagnostic findings, or service calls resulting from Customer-caused issues, misuse, accidental damage, improper thermostat settings, switches or disconnects turned off, dead batteries, inaccessible equipment, or other non-equipment-related causes. If an after-hours call is determined to be non-covered or customer-caused, Customer will be responsible for the applicable service charge, labor, and repair costs at Company’s current rates.
    
8. Changes.  The Company may update this Agreement at any time. This Agreement constitutes the entire agreement relating to the Program and supersedes prior discussions or understandings on that subject.
    
9. Delays.  The Company will not be responsible for delay, rescheduling, or nonperformance caused by circumstances beyond its reasonable control.
    
10. Limitation of Liability.  TO THE FULLEST EXTENT ALLOWED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES; THE COMPANY IS NOT LIABLE FOR PRE-EXISTING CONDITIONS, HIDDEN DEFECTS, CODE VIOLATIONS, MANUFACTURER DEFECTS, OR FAILURES OCCURRING BEFORE, DURING, OR AFTER MAINTENANCE; THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PROGRAM OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNTS ACTUALLY PAID BY CUSTOMER UNDER THE PROGRAM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS AGREEMENT IS NOT A WARRANTY, GUARANTEE, OR INSURANCE POLICY AND DOES NOT COVER ANY LOSSES, REPAIRS, OR REPLACEMENTS ARISING FROM ACCIDENTAL LOSS, BREAKDOWN, WATER DAMAGE, PROPERTY DAMAGE, OR OTHER CASUALTY EVENTS. THE COMPANY IS NOT THE MANUFACTURER OF THE PRODUCTS OR SYSTEMS COVERED UNDER THIS AGREEMENT, AND THEREFORE THIS AGREEMENT IS NOT AN EXPRESS OR IMPLIED WARRANTY, GUARANTEE, OR PROMISE RELATING TO THE MATERIALS, WORKMANSHIP, OR PERFORMANCE OF THE EQUIPMENT OR SYSTEMS COVERED BY THE PROGRAM.
     
11. Governing Law. This Agreement will be governed by Nebraska law.  Before initiating any proceeding, Customer must submit a written dispute notice to Company and allow thirty (30) days for the parties to resolve the dispute informally. If unresolved, either party may submit the dispute to non-binding mediation, with each party bearing its own attorney’s fees and costs. 
     
12. Severability.  If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.  Customer may not assign this Agreement.