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Terms and Conditions and Consent to Transact Electronically

Annual or monthly amounts must be paid by credit/debit card or automatic bank withdrawal. This Pro Service Plan Agreement ("Agreement") will renew automatically for one-year periods fromthe Effective Date and the payment method used will be charged at that time.+ Service under this Agreement shall continue until terminated by either party upon thirty (30) days prior written notice without penalty, provided that Company may discontinue service at any time in the event of nonpayment by Customer. Notwithstanding the foregoing, if Customer cancels their Elite Plan within the first 90 days of the commencement of this Agreement, Company reserves the right to charge Customer the diagnostic fee of all service visits performed at Customer’s home while customer is enrolled in the plan, less the potential prorated refund amount due. Further, If Customer cancels their Essential Plan within the first 180 days of commencement of this Agreement, Company reserves the right to charge the Customer the diagnostic fee of all service visits performed at Customer’s home while customer is enrolled in the plan, less the potential prorated refund amount due. Potential prorated refund amount will be determined based on services provided through the time of cancellation. Plan prices are subject to change. The provisions in this paragraph shall survive the termination of this Agreement. Company will notify Customer thirty (30) days prior to any such change. See below for details on cancellation procedure.

*Essential and Elite Pro Service Plan base plans include one HVAC system. †HVAC Systems Replacement Credits: $1,500 = Premium system; $1,000 = Deluxe system; $500 = Standard system (as defined by Company). ***Additional charges may apply for priority service.

Customer is responsible for any additional service work provided outside the scope of the Pro Service Plan.

The condition of the heating, air conditioning, electrical, and plumbing systems, if applicable, will be reported at the time of maintenance service, but does not imply any warranties to their performance in the future

Notwithstanding maintenance items, Company shall not be liable for consequential damages, including but not limited to, damages caused by a system malfunction that occurs due to clogged condensate lines, tripped circuit breakers, blown fuses, or dirty filters.

Company will attempt at each service visit to alert Customers to any potential problems regarding growth or mildew located while performing the services and as it pertains to the Customer’s air conditioning system. Regular maintenance (once every 6 months), helps prevent growth and mildew from forming in and around the air conditioning unit. However, Company is not responsible for damages to any part of the residence caused by growth or mildew.

Pro Service Plan discounts not valid with any other offers or discounts.

Customer may receive notice of schedule for Pro Service Plan maintenance services by means of automated phone dialing systems.

Auto Renewal Terms & Conditions

This Agreement will automatically renew for successive one-year periods and may be cancelled as follows:

A. This Agreement can be cancelled by the Customer by providing thirty (30) days advance written notice via US Mail to the address at the top of this Agreement, by calling the number at the top of this Agreement, or by emailing ProServ@ars.com. The notice must state that you wish to cancel your Pro Service Plan and include your name and service address.

B. This Agreement may become void if you have a past due account.

C. Price is subject to change. Customer will be notified thirty (30) days prior to any such change in price or other material change.


+Florida Customers- Agreement termshall not exceed 364 days.

+Nebraska Customers- Agreement termshall not exceed 364 days


Oregon Customers- This contractor is licensed by the Construction Contractors Board. You, the consumer, have the right to file a complaint with the Construction Contractors Board. This Agreement does not contain a mediation or arbitration clause.

Texas Customers- Regulated by the Texas State Board of Plumbing Examiners, 929 E 41st St., Austin, TX 78751, (512)936-5200, (800) 845-6584. Regulated by the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX78711 • 1-800-803-9202 • 512-463-6599 • https:// www.tdlr.texas.gov.

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE AND AUTHORIZATION

American Residential Services, LLC (we, us or Company), upon your consent and authorization, prefers to conduct its transactions with you electronically. Described below are the terms and conditions for providing to you such documents electronically through the Payment Portal electronic system (the "System"). Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement to transact business with us electronically by signing, where indicated, at the bottom of this document.

Getting paper copies

At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the System during and immediately after the signing session. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent

If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind

If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must provide advanced written notice to us stating that you are withdrawing your consent to transact any further business with us electronically. This will indicate to us that you have withdrawn your consent to conduct business with us electronically and you will no longer be able to use the System to transact business with us electronically or to sign electronically documents from us.

All documents, notices, and disclosures will be sent to you electronically

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the System all required documents, invoices, receipts, contracts, notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any of the above, we prefer to provide all of the above to you by the same method and to the same address that you have given us. Thus, you can receive all above documents electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the documents described above electronically from us.

How to contact American Residential Services:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: ProServ@ars.com

To advise American Residential Services of your new e-mail address

To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at ProServ@ars.com and in the body of such request you must state: your previous e-mail address and your new e-mail address. We do not require any other information from you to change your email address.

To request paper copies from American Residential Services

To request delivery from us of paper copies of any documents previously provided by us to you electronically, you must send an e-mail to us at ProServ@ars.com and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with American Residential Services

To inform us that you no longer want to receive future documents from us in electronic format you may:

i. decline to sign a document before transacting business with us through the System, or you may;

ii. send us an e-mail to ProServ@ars.com and in the body of such request you must state your e-mail, full name, US Postal

Address, and telephone number. We do not need any other information from you to withdraw consent. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.

Required hardware and software

Operating Systems:

Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X
Browsers:

Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only)

PDF Reader: Acrobat® or similar software may be required to view and print PDF files

Screen Resolution:

800 x 600 minimum

Enabled Security Settings:

Allow per session cookies

** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept this disclosure and authorization. Pre-release (e.g. beta) versions of operating systems and browsers are not supported.

Acknowledging your access and consent to receive materials electronically

To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. By checking "Yes, I agree to the terms and conditions", you are 1.) consenting to use of your electronic signature to record your commitment to the TERMS AND CONDITIONS and ELECTRONIC RECORD AND SIGNATURE DISCLOSURE AND AUTHORIZATION in lieu of an original signature on paper; 2.) consenting to the receipt of all notices, disclosures, authorizations, acknowledgments and other documents exclusively through electronic means, which are required to be provided or made available to me by Company during the course of our relationship, until or unless I notify Company as described above; and 3.) acknowledging that you have read, understand and agree to such TERMS AND CONDITIONS and ELECTRONIC RECORD AND SIGNATURE DISCLOSURE AND AUTHORIZATION and can print such on paper or send the disclosure to a place where you can print it for future reference and access. A copy of the Agreement will be sent to the email address you provided.

 

 

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