HELP Club Membership Terms and Conditions

ROUTINE MAINTENANCE SCHEDULE INCLUDING

Two annual Safety Inspections/Precision Tune-ups on your equipment are covered for 12 months from date on the front of this form, and thereafter on an annual basis for so long as you continue your membership. An Air Conditioning Inspection and Tune-up will be done in the period January-May, and a Furnace Inspection and Tune-up during the period August-December, at an agreed date and time during the hours of 8:00am to 6:00pm Monday through Saturday.

PRIVACY

HELP™ Plumbing, Heating, Cooling & Drains takes the issue of your privacy seriously, including the security of your credit/debit card or check information. We will only use your information for internal purposes and your information will not be shared with any other organization (unless required by government order or subpoena).

HELP™ CLUB MEMBERSHIPS/BILLING

If you open a HELP™ Club Membership account with us, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for your club membership and to institute new fees, charges or terms effective only on your annual renewal date. We reserve the right to terminate any account at any time for any reason sufficient to us. Your HELP™ Club Membership is a 12-month agreement that will be automatically renewed and your credit/debit card or checking account will be charged each month, unless you cancel the subscription 30 days prior to the renewal date. You may cancel your HELP™ Club Membership by mailing a letter of cancellation to: HELP™ Plumbing, Heating, Cooling & Drains, 6 N. Commerce Park Dr., Cincinnati, Ohio 45215 Attn: HELP™ Club Membership Specialist. When you request termination, there is no refund for any unused portion of the current club membership. In the event that services rendered or discounts given exceed the monthly payments made, you agree to reimburse HELP TM Plumbing, Heating, Cooling & Drains in full prior to termination. You acknowledge and agree that the authorization to charge your credit/debit card or checking account for services shall automatically continue until all charges have been paid in full. This agreement can be transferred only with the express approval, in writing, from HELP™ Plumbing, Heating, Cooling & Drains.

Your right to service is subject to any limits established by HELP™ Plumbing, Heating, Cooling & Drains or by your credit/debit card issuer or financial institution. If your credit/debit card or checking account payment is rejected, doesn’t clear or is disputed for any reason, HELP™ Plumbing, Heating, Cooling & Drains will contact you to provide us a replacement card or checking account. You agree to reimburse HELP™ Plumbing, Heating, Cooling & Drains collection costs due to credit problems or nonpayment. If payment cannot be charged to your credit/debit or checking account, or the charge is returned for any reason, including chargeback, HELP™ Plumbing, Heating, Cooling & Drains may suspend or terminate your HELP™ Club Membership, including termination of this Agreement and all obligations of HELP™ Plumbing, Heating, Cooling & Drains hereunder. All outstanding fees must be paid before any services are rendered by HELP™ Plumbing, Heating, Cooling & Drains. HELP™ Club Membership terms and conditions may be revised over time in our discretion in a manner that treats you similarly with other Club members. If a change is made to these terms and conditions to which you object, you may send us notice of termination of your membership; in the absence of our receipt of a notice of termination, your continued membership in the Club will constitute acceptance of the change in terms and conditions.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE, ANY SERVICES PROVIDED UNDER THIS AGREEMENT. TO THE EXTENT THAT ANY APPLICABLE LAW NOW OR IN THE FUTURE PROHIBITS THE LIMITATION OR EXCLUSION OF SUCH LIABILITY, THESE TERMS WILL BE CONSTRUED TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS, BUT OTHERWISE TO LIMIT OUR LIABILITY TO THE FULL EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU AND OTHERS IN YOUR HOUSEHOLD FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR YOUR HELP™ CLUB MEMBERSHIP.

TERMINATION

This agreement is for 12 months. It will renew automatically unless you cancel the subscription prior to the renewal date. The cancellation could take up to 30 days to process and stop automatic payments. Cancellations will be subject to the rules under HELP™ Club Membership/Billing.

ENTIRE AGREEMENT

These terms and conditions in combination with the agreement you are signing represents the entire understanding between us regarding HELP™ Club Membership and services to be provided to you as a Club member, and supersede any verbal or other statements or representations claimed to have been made by us or our representatives.