Terms of Agreement

1. Parties This Agreement is between Peace of Mind Heating & Cooling, a locally owned residential HVAC company in Colorado Springs, Colorado ("Provider"), and the Customer named on the enrollment form or payment receipt ("Customer").

2. Term The Plan is effective for one (1) full year from the date of enrollment/payment receipt or the first scheduled service visit (whichever occurs first) ("Term"). The Plan does not auto-renew unless Customer re-enrolls and pays for a new Term.

3. Services Provided Provider will perform the maintenance services outlined in the selected Tier (Essential, Complete, or Ultimate Peace of Mind Plan), including two annual precision tune-ups (one spring furnace, one fall furnace), safety inspections, cleaning of key components, priority scheduling, and any specified discounts, credits, or additional benefits. Services are limited to the covered residential HVAC system(s) at the enrolled property address in Colorado Springs or surrounding areas.

4. Payment Payment is due in full at enrollment (or in monthly installments if selected, with no added fees). Payment secures the Plan for the Term. All payments are non-refundable once any service has been rendered (including the first tune-up, inspection, or any benefit used). No refunds, credits, or prorated returns will be issued if services have been performed, even if Customer cancels early or does not use all benefits.

5. Transferability The Plan is transferable to a new homeowner if the property is sold during the Term. Customer must notify Provider in writing (email or mail) within 30 days of closing, providing proof of sale (e.g., closing statement). Upon verification, the remaining Term transfers to the new owner—no additional fee, no prorated refund required.

6. Exclusions and Limitations

• Plans cover maintenance and discounts only—not repairs, parts, refrigerant, labor beyond discounts, or emergency services (except as explicitly stated in Tier 3).

• Provider is not responsible for system failures due to pre-existing conditions, improper installation, lack of prior maintenance, misuse, neglect, acts of God, power surges, or modifications by others.

• Benefits (discounts, credits, free calls, warranties) apply only during the active Term and to work performed by Provider.

• Provider reserves the right to inspect the system before providing services; if the system is unsafe, abused, or non-compliant with codes, Provider may decline or limit coverage.

7. Cancellation and Termination

• Customer may cancel at any time by written notice. If no services have been rendered, a prorated refund (less any administrative fee) may be issued at Provider's discretion.

• Once any service is rendered (tune-up, inspection, credit used, etc.), the Plan becomes non-refundable in whole or in part—no exceptions.

• Provider may terminate the Plan immediately for non-payment, system abuse, neglect, or safety issues, with no refund obligation.

8. Priority and Emergency Service Enrolled Customers receive priority scheduling for non-emergency calls and (per Tier) no overtime fees or one free emergency call. Emergency responses are subject to availability and standard rates for parts/labor beyond Plan benefits.

9. Liability and Warranty Provider's liability is limited to the Plan price. Provider provides an extended 2-year warranty on repairs performed under the Plan (Tier 3 only) or standard 1-year on others. No other warranties, express or implied, are provided. Provider is not liable for incidental, consequential, or indirect damages (e.g., loss of use, discomfort, food spoilage).

10. Governing Law This Agreement is governed by Colorado law. Any disputes will be resolved in El Paso County courts.

11. Entire Agreement This document, along with the Plan description and enrollment details, constitutes the full agreement. No oral promises modify it.

By enrolling, paying, or accepting services, Customer agrees to these Terms.