ComfortCare Service Plan
Terms of Service

1. Service Plan Overview

The ComfortCare Service Plan is a preventative maintenance agreement designed to provide routine inspections, cleaning, and exclusive member benefits.

2. Term & Commitment

3. Payment Terms

Payment Options:

• Annual Payment: Payment in full is required at the time of enrollment.
• Monthly Subscription: If enrolled in an approved monthly subscription option, a valid payment method must remain on file for automatic billing.

Payment Requirements:

• Monthly subscription payments are due on the same day each month.
• Failed or declined payments may result in immediate suspension or cancellation of benefits.
• A service reinstatement fee may apply if benefits are suspended due to non-payment.
• You remain responsible for the full 12-month agreement value regardless of payment plan selected.

4. No Refund Policy

No refunds will be issued for:

• Unused services or visits
• Partial use of benefits
• Voluntary cancellation or early termination
• Relocation to a new address
• Sale of the property
• Equipment replacement or removal

Discretionary Credits: Coleman’s may, at its sole discretion, issue an account credit toward future services in exceptional circumstances. Such credits have no cash value and are not guaranteed.

5. Non-Transferability

Service plans are non-transferable under any circumstances:

• Coverage applies exclusively to the service address and specific equipment listed at enrollment.
• Plans may not be transferred to another homeowner, tenant, property, or equipment.
• If you move or sell your property, your service plan cannot be transferred and will not be refunded.

6. Covered Equipment

HVAC Plans

• Coverage applies to one (1) HVAC system per plan unless additional systems are explicitly added at enrollment.
• Each additional system requires separate enrollment and payment.
• System must be residential-grade and located at the enrolled service address.

Appliance Plans

• Coverage applies only to appliances specifically listed and documented at enrollment.
• Appliances must be residential-grade and located at the enrolled service address.
• Commercial, rental-fleet, shared community appliances, or appliances used for business purposes are excluded unless approved in writing by Coleman’s.

Equipment Eligibility

All covered equipment must be:

• In good working order at the time of enrollment
• Properly installed and maintained according to manufacturer specifications
• Code-compliant and safe to service

7. Exclusions – What Is Not Covered

The ComfortCare Service Plan does not cover:

Equipment & Installation Issues:

• Pre-existing conditions or failures occurring before enrollment
• Equipment that is unsafe, improperly installed, or not code-compliant
• Equipment under active manufacturer warranty
• Specialty, commercial, or industrial equipment unless pre-approved in writing

Types of Damage:

• Cosmetic issues, scratches, dents, or non-functional concerns
• Damage caused by neglect, abuse, misuse, or improper maintenance
• Damage from pests, rodents, or insects
• Damage from power surges, electrical issues, lightning strikes, or voltage problems
• Damage from flooding, water intrusion, fire, freeze damage, or acts of God
• Damage from unauthorized repairs or modifications

Services & Materials:

• Parts and labor beyond stated member discounts
• Refrigerant recovery, recharge, or disposal unless explicitly included in your plan level
• Ductwork modifications, replacements, or extensive repairs
• Electrical panel upgrades or extensive electrical work
• Permit fees, code compliance upgrades, or municipal requirements
• Trip charges, emergency service fees (unless waived per plan level)
• Third-party services, subcontractor fees, or specialty equipment rental
• Disposal or haul-away fees for replaced equipment

8. Diagnostic Fees & Member Discounts

Diagnostic Fees:

• Diagnostic fee waivers apply only as explicitly stated in your plan level documentation.
• Standard diagnostic fees apply to non-covered equipment or services outside plan scope.

Member Discounts:

• Discounts apply to labor and parts only for covered repairs.
• Discounts do not apply to trip fees, diagnostic fees, specialty materials, refrigerant, permits, or third-party services.
• Discounts may not be combined with other promotions, coupons, seasonal offers, or manufacturer rebates.
• Discount rates are subject to change at renewal.

9. Scheduling & Service Access

Scheduling Requirements:

• Routine maintenance inspections must be scheduled during normal business hours (Monday–Friday, 8:00 AM – 5:00 PM, excluding holidays).
• Priority scheduling is subject to technician availability and does not guarantee specific time slots.
• You must provide at least 24 hours’ notice for schedule changes or cancellations.

Access Requirements:

You must provide:

• Safe, unobstructed access to all covered equipment
• Clear pathways for technicians and equipment
• Working utilities (electricity, water) as needed for service
• A safe working environment free from hazards, aggressive animals, or threatening conditions

Missed Appointments:

• Failure to be present for a scheduled appointment or denial of access may result in forfeiture of that service visit.
• Rescheduling fees may apply for same-day cancellations or no-shows.
• Repeated missed appointments may result in plan cancellation without refund.

10. Priority Service

“Priority service” means:

• Expedited scheduling ahead of non-plan members when technician availability permits
• Priority does not guarantee same-day service, emergency service, or after-hours availability
• Emergency service requests are handled on a case-by-case basis and may incur additional fees

11. Complimentary Supplies & Bonus Items

Complimentary items (filters, cleaning products, samples, partner offers, or promotional materials):

• Have no cash value and cannot be redeemed for cash or credit
• Are subject to availability and may be substituted with comparable items
• May be modified, discontinued, or eliminated without notice or compensation
• Are provided “as-is” without warranty of any kind

12. Plan Cancellation & Termination

Cancellation by Customer

• You may not cancel your service plan early due to the 12-month commitment requirement.
• No refunds will be issued for early termination requests.
• Your obligations under this agreement remain in effect for the full 12-month term.

Cancellation by Coleman’s

Coleman’s reserves the right to cancel your service plan immediately and without refund for:

• Non-payment or repeated payment failures
• Abuse or misuse of plan benefits
• Fraudulent enrollment or misrepresentation of equipment or service address
• Unsafe working conditions or hostile behavior toward technicians
• Violation of these Terms of Service
• Discovered ineligibility of equipment or service address

Upon cancellation by Coleman’s, you remain responsible for any outstanding balance owed.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Coleman’s A/C Heating & Appliance Repair, LLC shall not be liable for:

• Incidental, consequential, special, or punitive damages of any kind
• Loss of use, comfort, or convenience
• Food spoilage or property damage resulting from equipment failure
• Business interruption or lost profits
• Personal injury not directly caused by our negligence
• Manufacturer defects, recalls, or equipment failures beyond the scope of preventative maintenance
• Delays in service due to weather, parts availability, or circumstances beyond our control

14. Indemnification

You agree to indemnify, defend, and hold harmless Coleman’s, its owners, employees, contractors, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

• Your misrepresentation of equipment condition or eligibility
• Your failure to provide safe access or working conditions
• Damage to equipment caused by your neglect or misuse
• Third-party claims related to your property or equipment

15. Dispute Resolution & Governing Law

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Mississippi, without regard to conflict of law principles.

Informal Resolution: Before filing any legal action, you agree to contact Coleman’s to attempt to resolve any dispute informally.

16. Modifications to Terms

Coleman’s reserves the right to update, modify, or revise these Terms at any time:

• Changes will become effective immediately upon posting or at your next renewal date
• Continued use of your service plan after changes constitutes acceptance
• Material changes will be communicated via email or written notice when practical
• Updates will not affect your current term but will apply upon renewal

17. Severability

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

18. Entire Agreement

These Terms, together with your plan enrollment documentation, constitute the entire agreement between you and Coleman’s regarding the ComfortCare Service Plan and supersede all prior agreements, representations, or understandings, whether written or oral.

20. Acknowledgment & Acceptance