TERMS OF SERVICE

This Agreement governs the terms and conditions between Home Service Consulting, LLC (the “Company”) and the Client. By engaging our services, the Client agrees to the terms outlined herein. Home Service Consulting, LLC operates as a holding company, and services under this Agreement may be performed by its authorized subsidiaries, contractors, or agents.

Acceptance of Terms, Authorization, and Payment

By approving estimates, engaging our services, or paying our invoice, the Client explicitly acknowledges and agrees to all terms and conditions outlined in this agreement. The Client confirms they have the legal authority to authorize and commission the work and to permit our employees access to service the equipment.

The Client agrees that providing verbal, written, or digital approval—such as clicking an “Approve” button or signing an electronic document—constitutes binding acceptance of these terms and conditions. Once consent is given, it cannot be retracted, and the terms are enforceable under Arizona law.

Company” refers to Home Service Consulting, LLC, including any authorized subsidiaries, independent contractors, or agents providing services under this Agreement.

Claims Submission Process

Claims are generally submitted within 24 to 48 business hours following the completion of diagnostic services. However, delays may occur if required information is missing or incomplete, whether from the Client or technician. Additionally, some claims may require parts or equipment to be ordered, which could extend the submission process.

Upon submission, the Company typically sends a confirmation notice via email or text message to the Client. It is the Client’s responsibility to ensure this confirmation is received. If no confirmation is received, the Client must follow up with the Company promptly to verify submission status and determine if additional information is required to complete the claim.

The Company’s technicians are not authorized to submit claims on behalf of the Client. All claims are handled by a specialized claims team within the Company. Any communication or inquiries related to claims must be directed to this team, as no other personnel have authority to manage the claims process.

In some cases, home warranty providers or insurance companies may be responsible for ordering parts or equipment required for the claim. The Client is responsible for maintaining contact with the party responsible for ordering these items to ensure they are ordered promptly. It is also the Client’s obligation to obtain tracking information and monitor the arrival of ordered items to avoid further delays.

Delays caused by part research, missing documentation, or incomplete information are outside the Company’s control, and the Company assumes no liability for such delays. The Client and technician are both responsible for providing complete and accurate information required for claim processing. The Client acknowledges that part number research or information verification may extend the processing time, and the Company is not responsible for delays caused by these processes.

Diagnostics

Our technicians will make every reasonable effort, in good faith, to diagnose the issues with your equipment. It is essential to clearly understand the methodology behind our diagnostics process. By default, our technicians perform a symptomatic diagnostic, which focuses on identifying the specific issue related to your reported complaint. This is a basic diagnostic that allocates a limited amount of time to determine why your equipment is not functioning properly.

We strongly encourage clients to consider upgrading to a systematic diagnostic, which offers a more comprehensive assessment of your equipment. A systematic diagnostic provides the technician with additional time to conduct a deeper evaluation and inspect for potential underlying or future issues that may not be immediately apparent during a basic evaluation. However, while this approach is more thorough, it is critical to understand that even a systematic diagnostic may not reveal all existing or potential problems. Certain issues cannot be identified if the equipment is not operating correctly, or if specific components cannot be tested under the current conditions.

A systematic diagnostic requires more time and resources and is therefore priced at $225.00. Should you opt for this service, you must approve and pay for the estimate prior to the technician proceeding with the systematic diagnostic. This estimate can be requested from either our office or your technician at any time.

Please note that it is the client’s responsibility to request and approve the type of diagnostic they wish to have performed. Without explicit authorization, only the basic symptomatic diagnostic will be carried out. Additionally, even with a systematic diagnostic, some issues may remain undiagnosed due to the limitations of testing equipment that is not functioning properly or fully.

We advise clients to carefully weigh the benefits of each diagnostic approach and understand that no diagnostic, regardless of its thoroughness, guarantees the identification of all potential issues.

Repairs

As a professional service provider, we commit to performing high-quality equipment repair services based on the client’s approved repair requests. However, it is important to acknowledge that the repair process inherently involves uncertainties. External factors such as corroded components, stripped bolts, or sourcing discontinued parts may hinder the successful completion of a repair. Additionally, certain underlying issues may only become apparent after preliminary repairs have been undertaken, further complicating the process.

The list of challenges we present is illustrative and not exhaustive, and it is not intended to limit the scope of the repairs we undertake. Rather, it serves to inform our clients of potential obstacles that may arise. Notwithstanding approval to proceed with repairs, unforeseen complications may emerge that render completion impossible.

It is expressly acknowledged by the client that our commitment to repair services represents a significant investment of time, labor, and resources. Therefore, all costs incurred, including labor and parts ordered, are non-refundable. No refunds will be issued, regardless of the outcome of the repair or whether the repair ultimately resolves the issue. By approving the repair estimate, you agree to pay the full amount as quoted, regardless of the repair’s success or effectiveness.

Client Responsibility and Acceptance of Risk

The client hereby acknowledges that repair work involves inherent risks and uncertainties. By approving a repair estimate, you assume full responsibility for the outcome, including the possibility that the repair may not yield the desired result. You further agree that any negative outcome arising from your decision to proceed with the repair will not entitle you to a refund, credit, or any form of compensation.

You expressly agree that we shall not be held liable for any unfavorable results arising from the repair attempt, and you understand that this agreement does not guarantee the success of the repair. Any decision to repair, rather than replace, the equipment is made at your sole discretion and risk.

Refund Policy and Chargeback Protection

All service fees, including travel, diagnostics, repairs, installations, or maintenance, are non-refundable once approved. By consenting to services, the Client waives their right to issue chargebacks or disputes via financial institutions or payment platforms.

If a chargeback or refund is processed, the Client must reverse the action within 48 hours or personally reimburse the Company for the refunded amount. Administrative time spent addressing unauthorized refunds will be billed at $200 per hour per employee working on the matter, with a minimum of two employees involved.

Discretionary Refunds:
The Company may, at its sole discretion, offer a refund under exceptional circumstances. Any refunds will be subject to:

• Uninstallation fees that may equal or exceed installation costs.
• Client’s agreement to cover any damage or loss resulting from the uninstallation.
• Full prepayment of uninstallation costs before work begins.

Attempted Repairs vs. Guaranteed Repairs

It is important to clearly distinguish between “attempted repairs” and “guaranteed repairs.” All repairs performed under this agreement are considered “attempted repairs,” even after formal approval. Approval of a repair signifies only our commitment to undertake the repair in good faith; it does not guarantee the successful resolution of the issue. Given the unpredictable nature of equipment repairs, even with our best efforts, a successful outcome cannot always be assured.

Client Consideration for Repairs vs. Replacement

In light of the inherent uncertainties in repair work, we strongly recommend that clients carefully evaluate their options before approving any repair. There may be instances where, despite our best efforts, unforeseen issues arise that prevent the repair from being completed. In such cases, replacement of the equipment may be the more prudent choice.

For equipment or systems over 10 years old, we expressly recommend replacement rather than repair. Should you wish to explore replacement options, it is the client’s responsibility to request a quote for replacement. Our recommendation against repair for older systems shall not absolve the client of their obligation to pay for the approved repair if they choose to proceed with it.

Maintenance Services

We offer a variety of maintenance services tailored to different types of equipment, and we can also develop customized maintenance plans upon request. It is essential for you to understand the scope of our basic default maintenance services to ensure that the services you are paying for meet your expectations.

Scope of Basic Maintenance

During a basic maintenance visit, our technicians will inspect all major components of your equipment using a checklist specifically designed for that type of equipment. It is highly recommended that clients request a copy of this maintenance checklist prior to scheduling their maintenance service. This ensures that you are fully aware of what will be inspected and can confirm that the type of maintenance you are paying for aligns with your expectations. We are not responsible for addressing items that you believe should have been included but were not covered in the provided checklist. The determination of what is inspected during maintenance is the sole responsibility of the person requesting the service.

Cleaning Services

Please note that cleaning services are not included in our basic maintenance, except for a rinse of the condenser coil with water for units located on the ground. Water must be provided by the client for this service. If you permit the technician to use your water supply, it is your responsibility to ensure it is returned to its original condition after the technician has finished. Should you require any additional cleaning beyond the standard scope of the service, it is your responsibility to request an estimate for that work from either the technician or our office.

Potential Problem Identification

During the maintenance service, the technician will check for potential future problems based on the provided checklist. However, it is important to understand that no maintenance service can predict all future issues. A basic maintenance service is limited in its scope and may not identify as many potential problems as a more comprehensive service. We highly recommend opting for a more comprehensive maintenance service to better identify and address potential issues, offering more thorough protection for your equipment.

Customized Maintenance Plans

We can prepare customized maintenance plans tailored to your specific equipment and requirements upon request. These plans may include additional inspections, cleaning, and preventive measures to ensure optimal performance and longevity of your equipment.

Client Responsibilities

• Requesting Checklists: It is the client’s responsibility to request and review the maintenance checklist prior to scheduling the service. This ensures that you are fully informed about what will be inspected and can verify that the maintenance service meets your needs.
• Additional Services: Any services outside the scope of the basic maintenance, including additional cleaning or specialized inspections, must be requested and approved in advance. Failure to request these services will result in them not being performed, and we will not be held liable for any issues that arise from unaddressed components.
• Providing Resources: Ensure that any necessary resources, such as water for condenser coil rinsing, are available and in the desired condition post-service.

Acknowledgment and Agreement

By proceeding with any of our maintenance services, you acknowledge and agree to these terms and conditions. You understand that it is your responsibility to ensure the maintenance checklist meets your expectations and that our company is not liable for any discrepancies between your expectations and the services provided based on the checklist. For any further clarifications or to arrange for additional services, please consult with our team prior to the start of the maintenance work.

Installation Agreement

When installing a new system, our technicians will connect the equipment to existing ductwork, electrical wiring, and drainage systems, unless explicitly stated otherwise in the project scope. Our installation services do not include roofing, carpentry, drywall, stucco, concrete work, tape/texture, painting, or other construction-related services. The client is solely responsible for ensuring that safe and sufficient access is provided for installation, which must be free from any hazardous conditions, including but not limited to dangerous animals, insects, or hazardous materials. Should such access not be available at the time of installation, it is the client’s obligation to ensure that access is provided promptly to avoid delays.

The property owner must maintain appropriate insurance coverage, such as fire, tornado, or other necessary policies, to protect against any potential risks or damages associated with the installation.

Additional Costs and Changes

Any alterations or deviations from the original scope of work or quote, which result in additional labor, materials, or time, will incur additional charges. These charges will be billed separately and must be approved by the client prior to the continuation of work. All quotes are subject to change based on unforeseen circumstances or conditions discovered during installation that were not apparent at the time of the initial assessment.

If the installation requires the involvement of an engineer, obtaining and providing the engineer, as well as securing any necessary permits, are the sole responsibilities of the client. Any delays caused by the absence of permits or engineers will result in additional charges for idle time or rescheduling.

Material Selection and Usage

We reserve the right to use materials that we deem suitable and appropriate for the installation based on industry standards and best practices. If the client has a preference for specific materials, this preference must be communicated in writing to our company before installation begins. Failure to communicate material preferences in advance will result in the installation proceeding with our chosen materials, and any subsequent requests for changes will be subject to additional costs.

Post-Installation Changes

Any request for modifications, adjustments, or changes to the installation after the work has been completed, or after the client has given approval, will incur additional costs. These costs will cover any labor, materials, and time required to implement the changes and will be billed to the client at prevailing rates.

Ductwork Services

For any estimate, repair, or installation involving ductwork, it is important to note that air balancing and the installation of balancing dampers are not included in the standard ductwork service unless explicitly stated in the written agreement. These services are considered additional and will require a separate agreement and additional costs beyond the ductwork service provided.

While we ensure the proper sizing and installation of ducts as part of our standard service, it is the customer’s responsibility to request a quote for any additional services they require, such as air balancing or the installation of balancing dampers. These services are highly recommended to ensure optimal airflow and system efficiency, especially in new installations. Failure to request these services in advance may result in suboptimal system performance.

If you wish to include air balancing or balancing damper installation, a separate service agreement must be executed, and the costs will be discussed and agreed upon prior to the commencement of any additional work.

Furthermore, please be aware that we cannot guarantee that new registers or grills will match the style or design of any existing units. The selection of registers or grills will be based on current availability and practical suitability. If you have specific preferences for these components, it is your responsibility to communicate them prior to installation. We will make reasonable efforts to accommodate these preferences, subject to the availability of materials.

By proceeding with any of our ductwork services, you acknowledge and agree to these terms. Any additional requests or modifications to the scope of work after the project has begun will incur extra charges and will require a new agreement. It is the client’s responsibility to request quotes for any work not included in the original scope of services.

For any further clarifications or to arrange for additional services, please consult with our team prior to the start of the project.

Warranty Terms and Disclaimer

The Company provides no warranties beyond those offered by the manufacturer. All labor is warranted for 30 days unless otherwise stated.

• Implied warranties of fitness or merchantability are expressly disclaimed.
• The Client is responsible for registering parts or equipment with the manufacturer. The Company offers registration services for an additional fee, payable in advance.

Service Fees and Scheduling Policies

• Warranty Service Calls: All warranty-related service calls are subject to travel and overtime fees. These fees apply regardless of the nature or urgency of the warranty issue.
• Business Hours: Warranty service requests will only be scheduled during regular business hours: Monday to Friday, from 9:00 AM to 5:00 PM. The Company does not provide service outside these hours, including weekends or holidays.
• Scheduling and Availability:
  • If our schedule is fully booked at the time of your request, additional fees may apply to expedite or accommodate your service.
  • We reserve the right to adjust appointment times based on availability. Warranty services will be scheduled based on the Company’s availability and may be subject to rescheduling if unforeseen circumstances arise.
• Force Majeure: The Company will not be held liable for delays or failures in providing service due to events beyond our control, including but not limited to natural disasters, extreme weather, labor disputes, supply chain disruptions, or acts of government.

Part and Equipment Registration

It is the Client’s responsibility to register any parts, equipment, or units covered by a manufacturer’s warranty. Failure to register may void the manufacturer’s warranty.

At the written request of the Client, the Company can handle the registration process on the Client’s behalf. This service is subject to an additional fee, which must be paid in full before the registration is completed. The Company is not responsible for any warranty issues resulting from the Client’s failure to register equipment.

Acceptance of Warranty Terms

By approving estimates, engaging our services, or paying our invoice, the Client expressly acknowledges and agrees to these warranty terms and conditions as part of the legally binding agreement between Home Service Consulting, LLC, its subsidiaries, and the Client.

The Client acknowledges that:

1. All labor warranties are limited to 30 days unless otherwise indicated in writing.
2. Manufacturer warranties are handled solely by the respective manufacturers, and the Company is not responsible for processing or enforcing such warranties.
3. All service fees, including travel and overtime fees, apply to warranty service calls.
4. The Client is not obligated to use the Company’s registration service but is responsible for any consequences of failing to register parts or equipment.

Invoices

Our Company utilizes a flat-rate pricing structure, meaning itemized invoices will not be provided for services rendered. All fees reflect the total cost for the agreed-upon scope of work, inclusive of labor, materials, and any applicable fees.

By engaging our services, approving estimates, or paying our invoice, the Client expressly acknowledges, agrees, and accepts this invoicing policy. No further breakdown or detailed itemization of individual costs will be furnished.

This flat-rate pricing ensures transparent, upfront pricing, simplifying the service process for both parties. Any questions or clarifications about the scope of work or associated costs must be raised prior to approval. Once approved, the total amount listed on the invoice is considered final.

Estimates

All estimates issued by our Company are valid for 30 calendar days from the date of issuance. However, please note that the availability of equipment, materials, or parts specified in the estimate is subject to supplier stock. While the pricing and scope of work may remain valid, we cannot guarantee that the quoted items will be in stock at the time the estimate is approved. What may be available at the time of the estimate could become unavailable at any time, even minutes after the estimate is issued.

If the approved equipment or materials are no longer available when the Client accepts the estimate, the original estimate will be considered no longer valid, and a revised estimate will be required to reflect the availability and cost of alternate options.

To avoid potential delays, we recommend that the Client approve estimates promptly. Any questions or clarifications regarding the estimate must be raised prior to approval, as approval constitutes the Client’s agreement to the terms, scope, and pricing outlined.

Part Orders

Once the Client approves a part order, the order is considered final and non-refundable. No cancellations, refunds, or exchanges will be permitted after approval, as all part orders are custom-processed with suppliers and cannot be reversed. The Client acknowledges that by approving the order, they assume full responsibility for the associated costs, regardless of any changes in circumstances.

Equipment Orders

If the Client requests the cancellation of an equipment order, the following fees will apply:

• Cancellation Fee: $190.00
• Restocking Fee: 10% of the total invoice or estimate amount

These fees cover administrative processing, restocking charges from our suppliers, and any other associated costs. No exceptions will be made once the equipment order has been placed, regardless of the reason for cancellation. If the equipment has already shipped or arrived, additional shipping or handling charges may also apply.

Ownership of Equipment, Parts, and Materials

All equipment, parts, and materials provided by the Company remain the exclusive property of the Company (the “Seller”) until full payment of the invoice is received and cleared. Until such payment is made, the Client holds possession of the equipment or materials on a conditional basis only and does not acquire any ownership rights.

If payment is not received by the agreed due date, the Company reserves the right to reclaim or remove the equipment, parts, or materials. The Client will be fully responsible for all costs associated with the removal, including but not limited to labor, transportation, and disposal fees. The Client also agrees to grant the Company reasonable access to the property to facilitate the removal.

The Company assumes no liability for any damage to the property, equipment, or connected systems resulting from the removal process due to non-payment. Additionally, the Company reserves the right to place a lien on the equipment, materials, or installed systems in accordance with applicable laws, until payment in full is received.

By engaging our services and approving the estimate, the Client acknowledges and agrees to these ownership terms and conditions.

Non-Payment

Failure to pay any fees, charges, or balances owed for services rendered by the Company does not release the Client from the obligations, responsibilities, and terms outlined in any agreements entered into by the Client or an Authorized Representative acting on the Client’s behalf.

The Client remains fully liable for all amounts due under the agreement, including any late fees, collection costs, legal fees, interest, and additional charges incurred due to non-payment. All terms and conditions of the original agreement remain in effect until the balance is settled in full, regardless of payment status.

Non-payment may result in suspension of services, reclamation of equipment or materials, and/or the pursuit of legal remedies, including but not limited to the placement of liens in accordance with applicable laws.

Refund Policy

Home Service Consulting, LLC subsidiaries, prioritize customer satisfaction by delivering high-quality services. However, we want to ensure that our clients fully understand and acknowledge the terms of our refund policy.

Non-Refundable Fees

Once the Client consents to a service, all incurred fees are non-refundable, including but not limited to travel charges, diagnostics, maintenance, repairs, or installations. Consent is considered binding and final once provided through any of the following means:

• Verbal agreement
• Written approval
• Signing of a service contract
• Digital acceptance via email or our website
• Any other affirmative action indicating agreement

By giving consent, the Client commits to proceeding with the requested services and assumes full responsibility for all associated costs.

We strongly encourage all clients to carefully assess their needs and fully understand the scope of work before giving consent. Our support team is available to answer any questions or provide additional information prior to approval. Once consent is given, the transaction is final, and no refunds will be provided.

This policy applies to all transactions with Home Service Consulting, LLC and its subsidiaries.

Discretionary Refunds

While all fees are non-refundable, the Company reserves the right, at its sole discretion, to issue a refund under exceptional circumstances. If a refund is offered, the following conditions will apply:

1. Uninstallation Costs:
   The Client agrees to cover all uninstallation costs, which must be paid in advance before the uninstallation begins.
2. Equivalent or Greater Costs:
   The Client acknowledges that uninstallation fees may be equal to or exceed the original installation cost, depending on the complexity of the service and the materials involved.
3. Responsibility for Damages:
   The Client assumes full responsibility for any damage that may occur during the uninstallation process. The Company is not liable for damage to equipment, property, or systems caused by removing parts or equipment.
4. Payment and Approval:
   Payment for the refund-related invoice must be made in full at the time the Client approves the uninstallation work.

Review Process

All refund requests are subject to the Company’s internal review process. Refunds are not guaranteed, and the Company will assess each case individually based on the specific circumstances. Any refund offered will be considered an exception to this policy and will not set a precedent for future transactions.

Payment Terms

All payments are due in full upon receipt of the invoice. Any balances not paid within the designated period may incur a late fee of 1.5% per month or the maximum rate permitted by law, whichever is lower.

A $95 service fee will be applied for any returned checks or failed transactions. In the event of non-payment, the Company reserves the right to suspend or terminate services until the outstanding balance is resolved.

If legal action becomes necessary to collect any unpaid amounts, the Client agrees to be responsible for all costs of collection, including but not limited to attorney’s fees, court costs, and any additional expenses incurred by the Company in pursuing the outstanding debt.

Mechanic’s Lien for Non-Payment

The Company reserves the right to enforce a mechanic’s lien for unpaid services. The lien will cover:

• Outstanding invoice amounts
• $300 recovery and administrative fee
• Legal and filing fees, including attorney costs

Notice and Process:

• 10 business days written notice will be provided before filing the lien.
• If the amount remains unpaid, the lien will be filed in accordance with Arizona Revised Statutes § 33-981.
• The Client consents to all legal and administrative costs associated with enforcing the lien.

This recovery fee is in addition to any other fees outlined in the original agreement and does not replace or negate any other applicable fees mentioned elsewhere.

Client Agreement and Legal Compliance

By accepting or utilizing our services, the Client acknowledges and agrees to this mechanic’s lien clause. This clause forms part of the legally binding agreement between the Client and the Company. The lien and related enforcement actions will be governed by Arizona state law, including applicable timelines, filing requirements, and remedies for non-payment.

Financing

Our Company offers financing options through an independent third-party financier, who administers and manages all terms, conditions, and approval processes. Please note that Home Service Consulting, LLC has no authority, control, or influence over the financier’s policies, credit decisions, or contractual terms.

Client Responsibility and Direct Liability

The Client acknowledges and agrees that any attempt to retract, halt, reverse, or dispute the funds disbursed from the financier to our Company will render the Client directly responsible for the full payment of the approved estimate or invoice. In the event of such an attempt, the Client commits to remit payment directly to the Company for the full outstanding balance within 24 hours of notification.

Failure to make timely payment will result in the Client being held liable for all collection and legal costs, including attorney fees, court costs, and other expenses associated with enforcing this obligation.

Exclusive Resolution of Service Disputes

The Client further agrees that any disputes, disagreements, or issues related to the services provided by our Company must be resolved exclusively with Home Service Consulting, LLC. The Client acknowledges that they may not involve the third-party financier in any service-related disputes, as the financing agreement is separate from the service contract with our Company.

Agreement and Binding Terms

By accepting these Terms and Conditions, the Client confirms their understanding of and agreement to the financing provisions outlined herein. These financing terms are an integral part of the overall Terms and Conditions governing the relationship between the Client and Home Service Consulting, LLC. The Client’s participation in the financing option is subject to these binding terms, as well as the financier’s independent policies.

Third-Party Services

Home Service Consulting, LLC and its subsidiaries do not assume any financial responsibility for services, products, or engagements provided by third parties. This non-assumption of liability applies regardless of whether the third party is recommended by our Company, engaged independently by the Client, or hired by any authorized party acting on the Client’s behalf.

Client Responsibility for Third-Party Engagements

If the Client or any associated party elects to engage an external provider, the Client assumes full responsibility for all associated costs, risks, liabilities, and obligations resulting from the third-party engagement. Under no circumstances will Home Service Consulting, LLC or its subsidiaries provide reimbursements, refunds, or financial coverage for third-party services, products, or agreements.

Clients are advised to review third-party terms independently before proceeding with any engagement, as our Company is not liable for delays, damages, defective products, or services rendered by external providers.

Third-Party Authorization

If the Client authorizes another person or company (“Authorized Representative”) to communicate, coordinate, or negotiate with Home Service Consulting, LLC on their behalf, the Client agrees to be fully bound by any agreements, commitments, or decisions made by the Authorized Representative. This applies to all forms of agreements, including oral, written, or electronic communications.

The Client acknowledges that any miscommunications or unauthorized actions by the Authorized Representative will not relieve them of their obligations under the agreements made. The Company reserves the right to rely on the instructions and representations of the Authorized Representative as binding on the Client.

Legally Binding Communication and Authorized Representatives

Binding Nature of Communications

All communications between Home Service Consulting, LLC and any Authorized Representative designated by the Client will be considered legally binding and fully enforceable upon the Client, regardless of the form or method of communication used (including verbal, written, electronic, or in-person exchanges).

Client Responsibility for Communications

The Client assumes full responsibility for ensuring that all information communicated to the Authorized Representative is properly relayed and understood by the Client. The Client remains liable for fulfilling all obligations and commitments resulting from any agreements, decisions, or actions made by the Authorized Representative on their behalf.

Definition of Authorized Representative

For the purposes of this agreement, an Authorized Representative refers to any person or entity whom the Client has enabled to communicate with our Company, including those informed of work performed or the possibility of future work. The Client is not required to provide formal notice to the Company that such individuals or entities are acting on their behalf. By allowing the representative to engage with our Company, the Client authorizes that individual or entity to speak, negotiate, and act on their behalf.

Risks of Authorizing Representatives

The Client acknowledges that all communications and agreements made by an Authorized Representative will be binding and enforceable as if the Client had directly entered into them. We strongly advise Clients to carefully select and monitor whom they permit to interact with our Company regarding current or potential work, as these representatives have the authority to create legally binding obligations on the Client’s behalf.

Limitations of Service

Our Company provides a range of services, including diagnostics, repairs, maintenance, and installation for HVAC and appliance systems. While we strive to provide high-quality service, it is important to understand that we cannot guarantee that every issue will be fully resolved. Some problems may persist, and additional issues could arise after the initial service, even if they were not detectable during the initial diagnostic. By requesting our services, you agree to the terms and limitations outlined below.

Limitations of Liability and Secondary Costs

The Company’s total liability for any claim arising from services will not exceed the amount paid by the Client for that service. The Company is not liable for secondary, incidental, or consequential damages, including but not limited to:

• Food spoilage, loss of income, increased utility bills
• Additional living expenses or property damage

This limitation does not apply to claims involving the Company’s gross negligence or willful misconduct.

Service Limitation

We are not responsible for and will not reimburse you for any secondary or related damages resulting from delays, neglect, or failure to provide services, whether these delays or failures are due to our actions or the involvement of third parties such as home warranty companies or insurance providers. Such damages may include, but are not limited to:

• Food spoilage
• Loss of income
• Utility bills
• Additional living expenses
• Damage to personal or real property

Any delays or issues caused by third-party service providers, including home warranty or insurance companies, are beyond our control, and we will not be liable for costs or damages arising from such delays.

Client Responsibility and Consent

As a client, you are not obligated to use our services. However, by voluntarily engaging our services for diagnostics, repairs, maintenance, or installation, you agree to the following responsibilities and terms:

1. Requesting Quotes and Services:
   It is your responsibility to request quotes for any additional services you may require, including diagnostics, repairs, maintenance, or installations. This includes:
   • Requesting quotes for equipment replacement if you are considering that option instead of repairs.
   • Requesting additional maintenance services if you require a more comprehensive evaluation of your equipment beyond basic services.
   • Requesting specific diagnostic evaluations beyond the initial assessment if you believe your equipment may have complex or additional issues that need to be addressed.
2. Understanding the Scope of Services:
   You are responsible for understanding the scope of the services being provided, as outlined in the estimate or agreement. If you require additional services or modifications beyond what is included in the original scope, you must communicate this before work begins. Failure to do so means you accept the services as described, and any additional work will be charged separately.
3. Communicating Specific Preferences:
   For all services, including diagnostics, repairs, maintenance, and installation, you must communicate any specific preferences for materials, procedures, or additional services before work begins. If preferences are not communicated, the service will proceed using materials and methods deemed most appropriate by our technicians. We are not responsible for any issues resulting from uncommunicated preferences.
4. Providing Equipment Access and Ensuring Safety:
   You must ensure that the equipment is fully accessible for our technicians to perform the required services. This includes:
   • Removing obstacles or hazardous conditions that may prevent safe access.
   • Ensuring all shut-off devices (such as gas or water valves) are properly turned off before our service begins.
   • Verifying that these devices are functioning correctly after our service is completed. Any delays or complications resulting from inaccessible or unsafe conditions may incur additional costs, which will be your responsibility.
5. Acceptance of Risk and Liability:
   By authorizing our services, you accept full responsibility for any secondary, incidental, or consequential damages that may result from the service. We are not responsible for any secondary damages related to diagnostics, repairs, maintenance, or installation, including but not limited to:
   • Food spoilage
   • Loss of income
   • Increased utility bills
   • Additional living expenses
   • Damage to personal or real property You agree that by choosing our services, you do so voluntarily, fully aware of the risks, and you accept responsibility for those risks.
6. Authorization for Service:
   By requesting our services, you authorize our technicians to perform diagnostics, repairs, maintenance, or installation as needed, including the removal, uninstallation, or shut-off of equipment. You waive any claims for damages that may arise from the removal, uninstallation, or shut-off of equipment during the course of service.

Authorization and Waiver of Liability

By agreeing to any of our services, you consent to the following:

• Liability Waiver: You agree that our Company will not be held responsible for any damages or losses resulting from the removal, uninstallation, diagnostics, installation, repair, or shut-off of your equipment. This waiver includes damages to food, cookware, laundry, or other personal and real property associated with the equipment.
• Hold Harmless: You agree to hold us harmless and waive any claims for damages or losses, including those arising from accidental damage or equipment failure post-service.
• Scope of Work: The scope of work is limited to the services outlined in the provided estimate or agreement. Any additional services requested will be billed separately and must be requested and approved before work begins.

By choosing to use our services, you acknowledge that you have read, understood, and agreed to these terms. This agreement applies to all diagnostic, repair, maintenance, and installation services performed on your equipment.

Force Majeure

Neither party shall be held liable for any failure or delay in performance resulting from events or circumstances beyond their reasonable control, including but not limited to acts of God, pandemics, third-party actions, war, terrorism, riots, embargoes, government orders, acts of civil or military authorities, fires, floods, accidents, labor strikes, or shortages of transportation, fuel, energy, labor, or materials.

In such cases, the affected party shall provide prompt notice to the other party, and both parties shall make reasonable efforts to mitigate the impact of the event. The affected party shall be entitled to a reasonable extension of time to fulfill its obligations under these terms. If the event causing the delay extends beyond a commercially reasonable period, either party may terminate the agreement without further liability.

Severability

If any provision of these terms and conditions is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be revised to the minimum extent necessary to make it enforceable, or it shall be severed from the agreement. All remaining provisions shall continue in full force and effect, unaffected by the invalidity or unenforceability of any single term or provision.

Entire Agreement

These terms and conditions constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, promises, or representations, whether oral or written. Any modifications or amendments to these terms shall be effective only if made in writing and signed by both parties. No oral statements or external documents shall be incorporated into this agreement unless explicitly referenced.

Governing Law and Jurisdiction

This agreement will be governed by Arizona state law, with Mohave County, Arizona, as the exclusive venue for any disputes. Both parties agree to personal jurisdiction in these courts and waive objections to venue or jurisdiction.

Indemnification

The Client agrees to indemnify, defend, and hold harmless the Company, including its employees, agents, and subcontractors, from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney fees and costs) arising out of or connected with the work performed under this agreement. This indemnification obligation applies except where the claims arise from the Company’s gross negligence or willful misconduct.

The Client’s indemnification obligations shall survive the termination or expiration of this agreement and remain in effect to cover any related claims arising after the work’s completion.

Insurance

The Company shall maintain and provide, at a minimum, general liability insurance and workers’ compensation insurance as required by applicable laws and regulations. Upon written request, the Company will provide the Client with proof of insurance coverage.

The Client is responsible for maintaining adequate property insurance to cover any potential damages resulting from or related to the work performed by the Company, including but not limited to structural or property damage. The Client’s failure to maintain such insurance shall not limit their responsibility for covering any losses or damages that may arise.

Dispute Resolution and Arbitration

In the event of a dispute, both parties agree to engage in good-faith negotiations. If unsuccessful, the dispute will be submitted to mediation in Mohave County, Arizona, with costs split equally. If mediation fails, the dispute will proceed to binding arbitration under the rules of the American Arbitration Association (AAA).

Either party may opt for small claims court if the amount in controversy falls within the court’s jurisdiction.

Non-Waiver

No waiver of any provision, right, or remedy in these terms and conditions shall be deemed a continuing waiver or a waiver of any other provision. The failure of either party to enforce any provision or assert any right under these terms shall not constitute a waiver of such provision or right in the future. All rights and remedies under these terms are cumulative and non-exclusive.

Notices

All notices, requests, consents, and communications under these terms shall be in writing and will be considered delivered:

1. Upon personal delivery to the designated party,
2. Three (3) business days after being sent via certified mail with return receipt requested,
3. Upon confirmation of delivery if sent by email or SMS to the addresses or contact details provided by the parties.

Each party is responsible for keeping their contact information up to date. Notices sent via email or SMS are only valid if receipt is acknowledged by the receiving party.

Breach of Terms and Additional Costs

The Client acknowledges that any breach or violation of these Terms and Conditions that requires additional time, labor, or resources from Home Service Consulting, LLC will result in additional charges. The Client agrees to compensate the Company at a rate of $200.00 per hour per employee working on the matter for all time spent resolving such issues. This hourly fee is in addition to any other fees mentioned in this agreement and does not replace or negate other applicable fees. Time tracking will begin at the point the breach is identified and will cover all efforts necessary to resolve the matter.

If the breach requires supplemental resources, tools, or third-party services, the Client agrees to cover all related expenses, including but not limited to material costs, subcontractor fees, legal expenses, or administrative costs. The Client assumes full responsibility for these costs, regardless of their scope or amount.

Jurisdiction and Governing Law

This agreement shall be governed by and construed in accordance with the laws of the state of Arizona, without regard to conflict of law principles. Any disputes or legal actions arising from or related to these Terms and Conditions shall be brought in the state or federal courts located within Mohave County, Arizona. The Client consents to the jurisdiction and venue of these courts and waives any objections based on venue or inconvenient forum.

Binding Agreement and Client Consent

By accepting these Terms and Conditions, the Client confirms their understanding and agreement to the terms outlined in this provision, including all additional costs and liabilities associated with breaches. These terms form an integral part of the overall agreement between the Client and Home Service Consulting, LLC and are intended to be legally binding and enforceable under Arizona law.

Independent Contractor Status

Home Service Consulting, LLC acts as a holding company and does not directly perform services. All work is conducted by independent contractors or subsidiaries, who maintain full control over their operations, personnel, and methods. Neither the Company nor its subsidiaries are employees, agents, or partners of the Client.

The Client acknowledges that the Company is not liable for employment-related claims arising from services rendered by contractors or subsidiaries.

Assignment of Rights

Neither party may assign this agreement without the written consent of the other, except that the Company may assign payment rights without consent. Any unauthorized assignment will be null and void.

Survival

Any provision of these Terms and Conditions that, by its nature or intent, is intended to survive termination or expiration shall remain in effect, including but not limited to provisions regarding payment obligations, indemnification, limitations of liability, confidentiality, and governing law. These obligations will continue to bind both parties even after the termination, completion, or expiration of this agreement.

Confidentiality

Both parties agree to maintain the strict confidentiality of any proprietary or confidential information obtained from the other during the course of work performed under this agreement.

Confidential information includes, but is not limited to:

• Trade secrets
• Business plans, financial data, and pricing models
• Client lists and other sensitive client information
• Terms and conditions or strategies
• Any other non-public information disclosed by either party, whether verbally, electronically, or in writing.

This confidentiality obligation shall remain in effect for a period of two (2) years following the termination, completion, or expiration of the agreement. Both parties agree to use reasonable measures to protect confidential information and to limit disclosure only to employees, agents, or contractors who need access to fulfill obligations under the agreement. Disclosure required by law or legal proceedings shall not constitute a breach, provided the disclosing party gives reasonable notice to the other party to contest or limit the scope of disclosure, if applicable.

Safety Obligations

The Company will adhere to safety regulations during service. The Client must provide safe and accessible work areas and notify the Company of any known hazards. If unsafe conditions arise, the Company reserves the right to suspend work without liability until conditions are remedied.

Defining Defects and Non-Conformities & Acceptance of Work

Defects or non-conformities are defined as elements explicitly listed in the written estimate or invoice that were not performed. Unstated expectations or assumptions are not considered defects.

The Client must inspect the work within three (3) calendar days of completion. Failure to notify the Company of defects within this period will constitute acceptance of the work. Any issues raised after the deadline will not be actionable.

Client Review and Acceptance of Work

Upon the completion of work, the Client is responsible for reviewing the work to confirm that it aligns with the approved estimate or invoice. The Client must notify the Company of any defects or non-conformities within three (3) calendar days from the date of completion.

If the Company does not receive written notification of defects or non-conformities within the three-day period, the work shall be deemed fully accepted by the Client. After this period, any claims regarding defects or non-conformities will no longer be actionable, and the Company will not be obligated to make further adjustments.

Termination and Opt-Out

Either party may terminate this agreement with 30 days’ written notice if the other party fails to cure a material breach within the notice period. Immediate termination is permitted if:

1. Payment is not made by the due date, or
2. Fraudulent or unsafe conduct occurs, endangering personnel or property.

The Client must settle all outstanding balances upon termination. Opting out only applies to future services and does not relieve the Client from previously incurred obligations.

Electronic Signatures and Counterparts

These terms may be executed electronically, and electronic signatures will be valid and enforceable under the E-SIGN Act. Counterparts—whether physical or electronic—will collectively constitute a single, binding agreement.

Headings

The headings used in these Terms and Conditions are provided solely for convenience and organizational purposes. They do not influence, modify, or affect the interpretation, meaning, or construction of any provision contained within this agreement.

Definitions

The following definitions apply throughout this Agreement to clarify the roles, responsibilities, and expectations of both parties:

1. Company

“Company” refers to Home Service Consulting, LLC, a registered holding company operating under Arizona law, including any subsidiaries, independent contractors, affiliates, service providers, agents, and personnel authorized to perform work or services on behalf of the Company. The Company functions as a holding entity and does not directly deliver services but contracts or assigns service obligations to qualified parties.

2. Client

“Client” refers to any individual, business, or entity that engages, contracts with, or utilizes the Company’s resources, services, or personnel. This definition includes, but is not limited to:

• Clients who request or approve services, including diagnostics, maintenance, repairs, installations, and consulting.
• Clients involved in purchasing goods, equipment, or additional services offered by the Company or its affiliates.
• Clients who engage the Company for transactional, operational, or consulting purposes, regardless of the specific outcome.

The term also includes any person or representative authorized by the Client to engage with the Company, regardless of whether formal written notice was provided to the Company about such authorization.

3. Authorized Representative

“Authorized Representative” refers to any individual, entity, or third party enabled by the Client to communicate, negotiate, or act on the Client’s behalf in any dealings with the Company. The Company may rely on instructions, agreements, or commitments made by an Authorized Representative as binding upon the Client. The Client is fully responsible for any actions taken by such representatives.

4. Resources

“Resources” refers to all services, products, tools, personnel, and intellectual property provided by the Company or its subsidiaries. This includes, but is not limited to:

• Consulting services
• Digital products or software platforms
• Physical equipment, goods, or materials
• Human resources, including employees, agents, and independent contractors
• Proprietary methodologies or operational processes

Resources also include any other tangible or intangible offerings provided by the Company for diagnostics, maintenance, repairs, installations, or consulting purposes.

5. Engagement

“Engagement” refers to any interaction between the Client and the Company, including but not limited to:

• Scheduling services
• Approving estimates or invoices
• Paying for services or products
• Communicating with the Company’s personnel, contractors, or agents

Engagements are legally binding upon the Client and governed by the terms of this Agreement.

6. Services

“Services” include, but are not limited to:

• Diagnostics: Identifying and troubleshooting equipment issues.
• Maintenance: Routine inspections, adjustments, and limited cleaning to ensure proper equipment performance.
• Repairs: Restoring equipment functionality by replacing or fixing faulty parts.
• Installations: Setting up equipment and connecting it to existing infrastructure such as electrical systems or ductwork.

Services may be performed by subsidiaries, independent contractors, or authorized agents of the Company.

7. Agreement

“Agreement” refers to these Terms and Conditions in their entirety, including any approved estimates, invoices, service orders, or modifications incorporated herein by reference. This Agreement is governed by the laws of the state of Arizona.

8. Invoice and Estimate

• Invoice: A financial document issued by the Company reflecting the total cost of services rendered or goods provided.
• Estimate: A preliminary quote provided by the Company outlining the expected scope and cost of services or goods. All estimates are valid for 30 calendar days from issuance, subject to the availability of materials and equipment.

9. Materials and Equipment

“Materials and Equipment” refer to any parts, goods, or tools supplied or installed by the Company or its authorized service providers. All such materials remain the property of the Company until payment is received in full, at which point ownership transfers to the Client.

10. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the state of Arizona, without regard to conflict of law principles. Any disputes arising from this Agreement shall be exclusively resolved in the state or federal courts of Mohave County, Arizona.

Scope of Terms and Conditions

These Terms and Conditions apply to all subsidiaries and affiliated entities operating under the umbrella of Home Service Consulting, LLC. The use of any resource, service, or product provided by any subsidiary constitutes the Client’s acceptance of these Terms and Conditions in full, without exception. This acceptance creates a legally binding agreement between the Client and Home Service Consulting, LLC and its subsidiaries.

Agreement, Acknowledgment, and Acceptance of Terms and Conditions

Home Service Consulting, LLC and its subsidiaries require that all Clients acknowledge and accept these non-negotiable terms and conditions before any service is provided. These terms define the relationship, rights, and obligations between the Company and the Client. Approval of these terms is mandatory for scheduling, delivering, or completing any diagnostic, maintenance, repair, or installation service.

Consent by Engagement or Conduct

If these terms are not accepted prior to the appointment, the Company reserves the right to withhold service or cancel the technician’s visit. However, if the Client permits a technician to proceed with any service—such as granting access to equipment, approving estimates, or requesting service—this constitutes explicit acceptance of these terms and conditions, even without written or verbal confirmation.

By engaging with our resources—including interacting with personnel, systems, or services—the Client agrees to be bound by these terms, regardless of any other communication or lack thereof. Actions such as clicking an ‘Approve’ button, signing a contract, providing verbal approval, or granting access to equipment are sufficient to confirm acceptance. Utilizing any of our resources inherently signifies the Client’s agreement to these terms.

Notice of Terms and Conditions

These terms are communicated to the Client through one or more of the following channels:

• Email or text message accompanying service confirmations or estimates
• Our website at the time of scheduling or engagement
• In-person delivery by a technician at the time of service

The failure to reject or dispute these terms before receiving service will be deemed binding acceptance, creating a legally enforceable agreement. Continued engagement with our services, even without formal approval, constitutes consent to these terms.

Opting Out and Binding Agreement

To opt out of these terms, the Client must cease all communications and discontinue use of any services provided by the Company. However, opting out will only affect future interactions and does not release the Client from obligations incurred prior to opting out.

By scheduling, approving, or allowing any service, the Client confirms that these terms and conditions govern the transaction and supersede any conflicting verbal communications or prior agreements. This agreement is legally binding under Arizona state law, and the Client waives any claims related to non-receipt or failure to read the terms, provided the Company has communicated them through one or more of the specified channels.