Terms Of Service/Conditions

Introduction

I.A. Purpose and Scope

These Terms and Conditions (the “Agreement”) outline the relationship between Home Service Consulting, LLC (the “Company”), its subsidiaries, independent contractors, agents, and Authorized Representatives, and the Client.

By using our services, approving estimates, or making a payment, the Client confirms their understanding and acceptance of these terms.

We want to ensure clarity and transparency—so by engaging with any of our resources, products, or services, the Client agrees to the terms in this document in full

Communications Policy

II.A. Purpose of Communications
The Company may communicate with the Client for various reasons, including but not limited to:

• Scheduling, coordinating, and confirming services
• Providing service updates, reminders, or follow-up communications
• Delivering estimates, invoices, and receipts
• Recommending related services or maintenance actions
• Offering promotional messages, seasonal updates, and marketing content

These communications fall into two categories: Service Communications and Marketing Communications.

II.B. Service Communications
By engaging with our services or providing contact information, the Client consents to receive Service Communications via phone call, SMS/text message, email, or other electronic means. These communications are essential to fulfill service requests, coordinate logistics, and comply with contractual obligations. Opting out of Service Communications is not permitted without also terminating service, as such communications are necessary for delivery and completion of work.

II.C. Marketing Communications and Opt-Out Rights
Marketing Communications may include:

• Promotional offers
• Seasonal service reminders
• Company updates or newsletters

The Client has the right to opt out of receiving Marketing Communications at any time. Consent to receive such messages is not required to engage or complete service with the Company.

The Client may opt out by any of the following methods:

• Clicking “Unsubscribe” at the bottom of a marketing email
• Replying “STOP” to a promotional text message
• Contacting the Company directly at:
  • Email: info@myhomeserviceconsultant.com
  • Phone/Text: (928) 444-8255

Opting out will take effect within a reasonable time (typically within 10 business days), and the Client will continue to receive essential Service Communications unless they terminate their relationship with the Company entirely.

II.D. Compliance and Communication Methods
The Company may use automated technologies (e.g., autodialed calls or prerecorded voice messages) where legally permissible and with appropriate consent.

All communications are conducted in accordance with applicable laws, including but not limited to:

• The Telephone Consumer Protection Act (TCPA)
• The CAN-SPAM Act
• Any relevant state-level consumer or privacy laws

The Company does not sell, rent, or share Client contact information with third parties for unrelated marketing purposes.

III. Acceptance, Approval, and Authorization

III.A. Acceptance and Authority
By approving estimates, engaging our services, clicking an “Approve” button, signing a contract (whether written, verbal, or electronic), or making payment for an invoice, the Client explicitly acknowledges and agrees to all terms set forth herein.

The Client confirms that they have the legal authority to commission the work and to grant our employees or Authorized Representatives access to service the equipment.

Once consent is given, it cannot be retroactively retracted. These terms are enforceable under Arizona law and shall remain binding for any services rendered, payments made, or obligations incurred prior to any termination or opt-out. Termination or opt-out will only apply to future services, and does not relieve the Client of prior responsibilities.

III.B. Communication and Authorized Representatives
If the Client authorizes another person or company (“Authorized Representative”) to communicate, coordinate, or negotiate with the Company on their behalf, any agreements, commitments, or decisions made by such Authorized Representative—whether oral, written, or electronic—are binding on the Client.

The Client is responsible for ensuring that all communications with Authorized Representatives are accurate and that all resulting obligations are met.

By enabling an Authorized Representative (e.g., by informing them of work performed or potential work), the Client need not provide formal notice; any communication from that representative will be deemed binding.

1. Scope of Services and Operational Procedures

IV.A. Diagnostics
Our technicians will make every reasonable effort, in good faith, to diagnose issues with your equipment.

By default, a symptomatic diagnostic (a basic evaluation focused on the reported issue) will be performed.

Clients are encouraged to request a systematic diagnostic—priced at $225.00—for a more comprehensive assessment.

The Client must explicitly request and approve the diagnostic type; otherwise, only the basic diagnostic will be performed.

Important: The Client acknowledges that any diagnostic is not to be considered maintenance, inspection, comprehensive maintenance, installation, or repair. The Company recommends that after any symptomatic, systematic or comprehensive diagnostic, the Client follow up with a comprehensive maintenance service. No diagnostic includes cleaning or additional services that occur during comprehensive maintenance.

IV.B. Repairs
The Company commits to performing high‑quality repair services based on the Client’s approved repair requests.

The repair process is inherently uncertain due to factors such as corroded components, stripped bolts, or the need for discontinued parts.

Approval of a repair estimate authorizes the Company to attempt repairs but does not guarantee a successful outcome.

All costs incurred for repairs—including labor and parts—are non‑refundable.

Important: The Client acknowledges that any repair performed is not to be considered maintenance, inspection, comprehensive maintenance, or the like. The Company recommends that all repairs be followed up with a comprehensive maintenance service; the Client is responsible for requesting this follow‑up service.

IV.C. Maintenance Services
Important: The Client acknowledges that maintenance services are distinct from diagnostics, repairs, and installations. Maintenance is provided solely as a service for general inspection purposes.

If the Client requires any diagnostics, repairs, or installations, those services will be charged separately.

Two types of maintenance are available:
a. General Inspection Maintenance: This service includes a basic inspection of one piece of equipment only. In the cooling season, this will typically be the outdoor condensing unit (in a split system); in the heating season, it will be the indoor unit (air handler or furnace).
b. Comprehensive Maintenance: Priced at $289.00 per piece of equipment, this service provides a thorough inspection of both the indoor and outdoor units.

It is highly recommended that customers request comprehensive maintenance rather than a general inspection, as a general inspection may not detect all issues.

Additional Provisions for Maintenance Services:
a. Cleaning Services: Cleaning is not included in basic maintenance except for a rinse of the condenser coil with water for ground‑level units. The Client must provide water and ensure it is returned to its original condition after service. Additional cleaning beyond the standard scope requires a separate estimate.
b. Potential Problem Identification: During maintenance, the technician will inspect for potential future problems based on a checklist. However, no maintenance service can predict all future issues. Comprehensive maintenance is recommended for thorough protection.
c. Customized Maintenance Plans: The Company can develop customized maintenance plans tailored to the Client’s specific equipment and needs upon request.

IV.D. Installation and Ductwork Services
Installation services include connecting equipment to existing ductwork, electrical wiring, and drainage systems, except as expressly excluded (e.g., roofing, carpentry, drywall, stucco, concrete work, tape/texture, painting).

The Client must ensure that safe and sufficient access is provided and that the work area is free from hazards (e.g., dangerous animals, insects, or hazardous materials).

For ductwork, air balancing and installation of balancing dampers are not included unless specifically agreed to in writing.

Important: The Customer acknowledges that any installation, regardless of type, is not to be considered comprehensive maintenance, inspection, or maintenance service. The Company recommends that after any installation, the Client follow up with a comprehensive maintenance service, and the Customer is responsible for requesting such work.

Additional Provisions for Installations:
a. 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.
b. Engineer and Permit Requirements: 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.
c. Material Selection and Usage: The Company reserves the right to use materials it deems suitable and appropriate for the installation based on industry standards and best practices. If the Client has a preference for specific materials, that preference must be communicated in writing before installation begins. Failure to communicate material preferences in advance will result in the installation proceeding with the Company’s chosen materials, and any subsequent requests for changes will incur additional costs.
d. Post-Installation Changes: Any request for modifications, adjustments, or changes to the installation after the work is 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.

Client Responsibilities and Acceptance of Risk

V.A. General Responsibilities
The Client is responsible for requesting and approving the specific service desired (diagnostic, repair, maintenance, or installation).

The Client must ensure equipment accessibility and a safe work environment.

The Client must communicate any preferences for procedures, materials, or additional services before work begins.

The Client is responsible for obtaining tracking information and monitoring the delivery of any ordered parts or equipment. Additionally, the Client must track the status of all warranty and non-warranty claims, ensuring that there are no avoidable delays in their processing.

The Client acknowledges that repair work involves inherent risks and accepts full responsibility for the outcome, including the possibility that repairs may not resolve the issue.

The Client must inspect completed work within three (3) calendar days and notify the Company of any defects or non‑conformities; failure to do so constitutes acceptance.

V.B. Additional Responsibilities for Service Ordering and Safety

Requesting Quotes and Services:
a. It is the Client’s responsibility to request quotes for any additional services they may require, including diagnostics, repairs, maintenance, or installations.
b. This includes requesting quotes for equipment replacement if that option is being considered, requesting additional maintenance services if a more comprehensive evaluation is needed, and requesting specific diagnostic evaluations if equipment issues are suspected.

Understanding the Scope of Services:
a. The Client must understand the full scope of services as outlined in the estimate or agreement.
b. If additional services or modifications are required beyond the original scope, these must be communicated before work begins.

Communicating Specific Preferences:
a. The Client must communicate any specific preferences for materials, procedures, or additional services before work begins.
b. If preferences are not communicated, the service will proceed using the Company’s standard methods, and the Company is not liable for any issues arising from uncommunicated preferences.

Providing Equipment Access and Ensuring Safety:
a. The Client must ensure that equipment is fully accessible for our technicians to perform the required services.
b. This includes removing obstacles or hazardous conditions that may prevent safe access and ensuring all shut‑off devices (such as gas or water valves) are properly turned off before service begins.

The Client agrees not to hold the Company or its subsidiaries liable for any consequences, delays, losses, or issues resulting from the Client’s failure to fulfill their responsibilities as outlined in this Agreement. Any attempt to shift responsibility for such matters to the Company shall constitute a material breach of this Agreement.

Warranties, Refunds, and Payment

VI.A. Warranty
All labor performed by the Company is warranted for a period of 30 days, unless a longer period is explicitly stated in writing. If applicable law requires a longer warranty period, the Company will comply with those legal requirements.

Warranties are valid only for the party that has paid directly for the applicable service or product. If a third party makes payment on behalf of the Client, any labor or product warranty shall be deemed extended to that third party only. Warranties are non-transferable and may not be assigned to any subsequent property owner, tenant, or third party without the express written consent of the Company.

Such consent must be provided on official Company letterhead and signed by an authorized representative of Home Service Consulting, LLC or its applicable subsidiary. No other form of communication or implied agreement shall be considered valid for transferring a warranty.

Manufacturer/Supplier Warranties: Materials, parts, and equipment are covered solely by the manufacturers’ or suppliers’ written warranties.

The Client is responsible for registering parts or equipment; the Company may register them for the Client for an additional fee payable in advance.

Warranty service calls are subject to travel and overtime fees and will be scheduled during regular business hours (Monday–Friday, 9:00 AM to 5:00 PM). If the schedule is fully booked, additional fees may apply.

VI.B. Refund and Chargeback Policy
Once the Client consents to a service (verbally, in writing, or digitally), all fees—including travel, diagnostics, repairs, maintenance, and installation—are non‑refundable.

The Client waives the right to initiate chargebacks or disputes via financial institutions or payment platforms.

Any refunds or chargebacks obtained contrary to this Agreement will be charged at 15% per day based on the total amount of the invoice(s).

In some cases, the Client may be responsible for charges deemed “non-covered” by a third-party service plan, warranty provider, or administrator. When instructed by such third parties, Home Service Consulting, LLC or its subsidiaries may collect these fees directly from the Client as a condition of service delivery.

These charges are determined solely by the third-party plan provider and are not subject to waiver, reduction, or refund by Home Service Consulting, LLC or any of its subsidiaries. The Client agrees that all inquiries or disputes regarding non-covered charges must be directed exclusively to the third-party provider.

Any attempt by the Client to dispute, reverse, or request a refund for third-party-directed charges directly from Home Service Consulting, LLC or its subsidiaries—rather than from the applicable third-party plan—shall be considered a material breach of this Agreement. Such a breach may subject the Client to additional administrative, legal, or contract enforcement fees as outlined elsewhere in these Terms.

VI.C. Payment and Invoicing
The Company uses a flat‑rate pricing structure; itemized invoices will not be provided.

The total amount on the invoice is final once the Client approves or pays it.

Payments are due in full upon receipt.

Late payments will incur a fee of 10% of the total invoice amount per day, calculated from the date of the invoice.

Returned checks will incur a fee of $50 plus the applicable late fee starting from the date of the invoice.

VI.D. Mechanic’s Lien
In the event of non‑payment, the Company reserves the right to enforce a mechanic’s lien on the serviced property.

The lien will cover the unpaid invoice, a $300 recovery fee, and any additional legal or administrative costs incurred.

Notice will be provided at least 10 business days before filing the lien pursuant to applicable Arizona law.

VI.E. Financing
Financing options may be available through an independent third‑party financier.

The financing arrangement is separate from this Agreement, and the Company has no control over the financier’s policies.

Any attempt to retract or dispute funds disbursed from the financier will render the Client liable for the full payment of the approved estimate or invoice, with payment required within 24 hours of notification, along with the chargeback fees mentioned under these Terms.

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

Equipment Orders:
a. If the Client requests the cancellation of an equipment order, the following fees will apply:
  i. Cancellation Fee: $190.00
  ii. Uninstallation Costs: The Client agrees to cover all uninstallation costs, which must be paid in advance before the uninstallation begins.
  iii. 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.
  iv. 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.
  v. Payment and Approval: Payment for the refund‑related invoice must be made in full at the time the Client approves the uninstallation work.

Restocking Fee:
a. A restocking fee of 10% of the total invoice or estimate amount will be charged if applicable.

VII. Third‑Party Services and Related Provisions

VII.A. Third‑Party Services

The Company and its subsidiaries do not assume financial responsibility for services, products, or engagements provided by third parties.

If the Client or any associated party engages an external provider, the Client assumes full responsibility for all associated costs, risks, and liabilities.

The Company will not provide reimbursements, refunds, or financial coverage for any third‑party services.

The Client acknowledges that certain services may be performed at the direction of, or on behalf of, a third-party service plan, warranty provider, or network administrator. In such cases, the Client may be bound by that provider’s terms and conditions, including their dispute resolution procedures. The Client further agrees that this Agreement governs all services provided directly by Home Service Consulting, LLC or any of its subsidiaries, and shall apply concurrently with, and not in lieu of, any third-party service plan agreement. The Client agrees not to initiate legal action against Home Service Consulting, LLC or its affiliates in relation to third-party-directed work, except as permitted by the applicable dispute resolution process, and understands that any such action may be subject to arbitration or other remedies defined in this Agreement.

Filing a warranty complaint, claim, or legal dispute directly with Home Service Consulting, LLC or its subsidiaries for work initiated through a third-party service plan—rather than with the responsible plan provider—shall be considered a material breach of this Agreement. The Client agrees that such a breach causes substantial administrative, legal, and reputational burden to the Company.

As a result, the Client agrees to pay liquidated damages in the amount of $3,500.00 if they bypass the agreed third-party claims process and improperly initiate a dispute or complaint directly against Home Service Consulting, LLC or any of its subsidiaries. This amount represents a reasonable and non-punitive pre-estimate of the internal and external costs involved in responding to such a breach, including but not limited to document preparation, legal coordination, third-party communication, and reputational management.

Notwithstanding the above, either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction when necessary to prevent immediate harm or to preserve legal rights. Additionally, Home Service Consulting, LLC and its subsidiaries reserve the right to pursue legal remedies in court for the purposes of (a) compelling arbitration, (b) enforcing an arbitration award, (c) recovering debts through lien rights or other collection mechanisms, or (d) pursuing qualifying claims in small claims court as defined by state law. These limited exceptions shall not waive or negate the general obligation of both parties to resolve disputes through binding arbitration.

VII.B. Third‑Party Authorization
If the Client authorizes an Authorized Representative to interact with the Company on their behalf, any agreement or decision made by that representative is binding on the Client.

The Client is responsible for ensuring that all instructions to Authorized Representatives are accurate and fully communicated.

VII.C. Legally Binding Communication
All communications between the Company and any Authorized Representative designated by the Client are deemed legally binding on the Client, regardless of the form (verbal, written, electronic, or in‑person).

VIII. Ownership, Assignment, and Confidentiality

VIII.A. Ownership of Equipment, Parts, and Materials
All equipment, parts, and materials provided by the Company remain the exclusive property of the Company until full payment is received and cleared.

If payment is not received by the agreed due date or if equipment, parts, materials, or labor costs are initially paid for but later removed (via chargebacks or refunds contrary to this Agreement), the Client agrees to be held liable for the fees outlined in the Refund and Chargeback Policy.

The Company reserves the right to reclaim or remove equipment, with the Client responsible for all removal costs (labor, transportation, and disposal fees), and may also place a lien on the equipment until payment is received.

VIII.B. Assignment of Rights
Neither party may assign or transfer its rights or obligations under this Agreement without the other party’s prior written consent, except that the Company may assign its payment rights without such consent.

VIII.C. Confidentiality
Both parties agree to maintain the strict confidentiality of any proprietary or confidential information exchanged during performance under this Agreement.

Confidential information includes trade secrets, business plans, financial data, pricing models, client lists, and any other non‑public information disclosed by either party, regardless of form.

This confidentiality obligation shall remain in effect for two (2) years following termination or completion of this Agreement.

Legal and Contractual Provisions

IX. Limitation of Liability

Home Service Consulting, LLC and its subsidiaries shall not be liable for any incidental, indirect, special, or consequential damages whatsoever, including but not limited to loss of revenue, profit, data, or use, incurred by the Client or any third party, whether in an action in contract or tort, even if the Company has been advised of the possibility of such damages.

The Client agrees that the maximum liability of Home Service Consulting, LLC, its affiliates, employees, and contractors shall be limited to the total amount actually paid by the Client for services provided under this Agreement, excluding parts, taxes, and third-party service fees.

IX.A. Dispute Resolution; Binding Arbitration; Class Action Waiver

For the purposes of this Section, “Home Service Consulting” shall include Home Service Consulting, LLC, its parent companies, subsidiaries, affiliates, employees, agents, independent contractors, and any entity operating under its direction or on its behalf.

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or services rendered by Home Service Consulting, the parties agree to first attempt resolution through good-faith negotiation. If unresolved, the parties shall participate in non-binding mediation.

If mediation is unsuccessful, the dispute shall be submitted to final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. Arbitration shall take place in the Client’s state of residence, or another mutually agreed location.

Each party shall bear its own legal fees and costs, and arbitration-related fees shall be governed by AAA rules, unless otherwise awarded by the arbitrator. The arbitrator may award the same relief as a court, including damages and injunctive or declaratory relief.

The parties waive the right to a trial by jury and agree that all claims shall be brought only in an individual capacity. No party may participate in or initiate a class action, class arbitration, or other representative proceeding.

Exception – Arizona Small Claims Court

Either party may file a claim in small claims court only if all of the following conditions are met:

1. The total value of the claim is $3,500 or less, in accordance with Arizona small claims law;

2. The case is filed in the Arizona county of the Client’s primary residence;

3. The initiating party provides the other party with written certification that the claim qualifies under Arizona small claims court procedures;

4. The initiating party includes all evidence, supporting documentation, and witness lists intended for use in court at the time of notice;

5. The initiating party certifies that no material evidence will be withheld or introduced later unless approved by the court and disclosed in advance in good faith.

Failure to comply with these conditions shall constitute a material breach of this Agreement and an act of bad faith.

Liquidated Damages for Improper Court Action

If the Client initiates a lawsuit in court (outside of the above small claims exception) in violation of this agreement, and fails to withdraw it within ten (10) days of written notice from Home Service Consulting demanding compliance, the Client agrees to pay liquidated damages of $10,000. This amount is a reasonable pre-estimate of the administrative, legal, and reputational harm caused by the breach and is not a penalty.

This liquidated damages fee shall operate independently and in addition to any other service charges, hourly labor rates, or breach-related fees stated elsewhere in this Agreement. It does not replace, negate, or offset any other costs recoverable by the Company, including but not limited to the $300/hour breach recovery labor fee.

IX.B. Indemnification and Limitation of Liability
Indemnification: The Client agrees to indemnify, defend, and hold harmless the Company (including its employees, agents, and subcontractors) from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising out of or connected with the services performed under this Agreement, except where such claims result solely from the Company’s gross negligence or willful misconduct.

Limitation of Liability:
a. The Company’s total liability for any claim arising out of or related to this Agreement, whether for direct damages or any other type of loss, shall not exceed the total amount paid by the Client for the specific service giving rise to the claim.
b. In no event shall the Company be liable for any incidental, indirect, special, consequential, or punitive damages, including, without limitation, loss of profits, loss of business, food spoilage, loss of income, increased utility bills, additional living expenses, or damage to personal or real property, even if the Company has been advised of the possibility of such damages.
c. This limitation applies regardless of the form of action, whether in contract, tort (including negligence), or otherwise, except where prohibited by applicable law.
d. Notwithstanding the foregoing, nothing in this Agreement shall limit or exclude the Company’s liability for damages arising from its gross negligence or willful misconduct, for which no limitation or exclusion may be permitted under applicable law.

IX.C. Force Majeure
Neither party shall be held liable for any failure or delay in performance due to events beyond their reasonable control (e.g., natural disasters, pandemics, third‑party actions, war, terrorism, labor disputes, or shortages of transportation, fuel, energy, labor, or materials).

In such cases, the affected party shall notify the other promptly and be entitled to a reasonable extension of time for performance.

IX.D. Non‑Waiver
No waiver of any provision, right, or remedy in this Agreement shall be deemed a continuing waiver or a waiver of any other provision.

Failure by either party to enforce any provision or assert any right shall not constitute a waiver of that provision or right in the future.

IX.E. Severability
If any provision of this Agreement is found invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be revised only as necessary or severed entirely, and all remaining provisions shall continue in full force and effect.

IX.F. Entire Agreement and Amendments
This Agreement, together with any approved estimates, invoices, and service orders incorporated herein by reference, constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements or understandings, whether oral or written.

Any amendments or modifications must be in writing and signed by both parties to be effective.

IX.G. Notices
All notices, requests, consents, and communications under this Agreement shall be in writing and deemed delivered upon personal delivery, three (3) business days after being sent via certified mail with return receipt requested, or upon confirmed receipt if sent by email or SMS.

Each party is responsible for maintaining current contact information.

IX.H. Electronic Signatures and Counterparts
This Agreement may be executed electronically, and such signatures shall have the same legal effect as handwritten signatures.

This Agreement may be executed in counterparts, each of which is deemed an original.

IX.I. Headings
Section headings are provided for convenience only and shall not affect the interpretation or construction of any provision.

IX.J. Breach of Terms and Additional Costs
The Client acknowledges that any breach of these Terms that requires additional time, labor, or resources will result in extra charges.

All fees for additional work will be charged at $300.00 per hour per person/employee involved in attempting to rectify the issue, which reflects the estimated cost of using our resources.

All fees mentioned throughout this Agreement are cumulative and do not cancel or offset one another. In cases where multiple fees apply, they will be added together and never subtracted. By approving our services, estimates, invoices, or requesting any service in any way, shape, or form, the Client agrees to pay all fees applicable to their case. If the Company incurs additional fees as a result of attempting to rectify a breach of these Terms by the Client or their representative, those fees—whether previously mentioned or not—will also be charged to the Client. The Client agrees that their breach of contract does not obligate Home Service Consulting or its subsidiaries to pay any costs or fees involved in rectifying the breach; all such costs or fees, including any resources used by the Company, shall be the sole responsibility of the Client.

Defining Defects, Acceptance of Work, Termination, and Authorization for Service

X.A. Defining Defects and Non‑Conformities & Acceptance of Work
Defects or non‑conformities are defined as elements explicitly listed in the approved 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 constitutes acceptance of the work.

X.B. Client Review and Acceptance
Upon completion of work, the Client is responsible for reviewing the work to confirm it aligns with the approved estimate or invoice.

Any defects or non‑conformities must be communicated in writing within three (3) calendar days.

X.C. 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.

Immediate termination is permitted if the Client fails to make payment when due or if fraudulent or unsafe conduct occurs, endangering personnel or property.

Termination affects future services but does not release the Client from obligations incurred prior to termination.

X.D. Authorization for Service and Acceptance of Risks
By requesting our services, the Client authorizes our technicians to perform diagnostics, repairs, maintenance, or installation as needed—including removal, uninstallation, or shut‑off of equipment.

The Client hereby waives any claims for damages that may arise from the removal, uninstallation, or shut‑off of equipment during the course of service.

The Client acknowledges that by choosing our services, they do so voluntarily, fully aware of the risks—including secondary, incidental, and consequential damages (such as food spoilage, loss of income, increased utility bills, additional living expenses, and damage to personal or real property)—and accept full responsibility for those risks.

Defamation, Slander, and False Statements

XI.A. Prohibition on Defamatory Statements
The Client (including any agents, representatives, or third parties acting on the Client’s behalf) shall not make any false, defamatory, slanderous, or libelous statements or representations of fact about the Company or any of its employees, contractors, or agents.

This prohibition applies to any communication that is knowingly false or made with reckless disregard for the truth and that harms the reputation, goodwill, or business interests of the Company.

Truthful statements and genuine opinions that do not imply false assertions of fact are not prohibited.

XI.B. Scope of Communications
This provision applies to all forms of communication (written, oral, or electronic), including social media, online reviews, internet forums, blogs, emails, texts, spoken statements, and complaints to third parties (including governmental or regulatory bodies).

XI.C. Injunctive Relief
The Client acknowledges that a breach of this defamation clause may cause irreparable harm to the Company.

Accordingly, the Company may seek immediate injunctive relief to restrain any further false or defamatory statements, in addition to any other legal or equitable remedies.

XI.D. Liquidated Damages
If a court determines that the Client, or any individual or entity acting on the Client’s behalf, has made false and defamatory statements in violation of this Agreement, the Client agrees to pay the Company:

1. a) $10,000 per occurrence, per day, for defamatory statements referencing the Company or its reputation generally; and
2. b) An additional $10,000 per occurrence, per day, per individual employed or contracted by the Company who is specifically named, identified, or reasonably associated with the defamatory content.

The parties agree that this sum is a reasonable pre‑estimate of the harm likely to be suffered by the Company and is not intended as a penalty.

This remedy is cumulative and is in addition to any recovery of actual damages or any other legal relief available.

XI.E. Consistency with Law and Protected Rights
This defamation clause shall be enforced in accordance with Arizona law and shall not prevent the Client from expressing genuine opinions or truthful statements.

Under Arizona law, truth is a complete defense to any defamation claim, and statements of pure opinion (without false factual assertions) are protected.

This provision does not waive any legal privileges or defenses available to the Client.

XII. Miscellaneous Provisions

XII.A. Safety Obligations
The Client must provide safe and accessible work areas and ensure that any shut‑off devices (e.g., gas or water valves) are properly managed before and after service.

The Company is not liable for damages arising from unsafe conditions or from the removal/uninstallation of equipment.

XIII. Definitions

XIII.A. Definitions

1. Home Service Consulting
   “Home Service Consulting” refers to Home Service Consulting, LLC, a holding company registered under Arizona law. For the purposes of this Agreement, this term also includes all subsidiaries, affiliated entities, DBAs (doing business as), independent contractors, agents, and authorized service providers operating under its direction or on its behalf. Home Service Consulting, LLC itself does not directly provide services to clients but may assign, coordinate, or delegate work to its subsidiaries or other qualified parties. Any reference in this Agreement to “Home Service Consulting,” “the Company,” “we,” “us,” or “our” shall be interpreted as referring to this collective structure, unless otherwise specified.

   Company
   “Company” is used interchangeably with “Home Service Consulting” throughout this Agreement and carries the same definition.

2. Client
   “Client” refers to any individual, business, or entity that engages, contracts with, or utilizes the Company’s resources, services, or personnel. This 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.
   • Any person or representative authorized by the Client to engage with the Company, regardless of whether formal notice is provided.
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
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.
7. 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.
8. 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.
9. Symptomatic Diagnostic
   A diagnostic evaluation focused solely on identifying the specific issue reported by the Client within a limited timeframe.
10. Systematic Diagnostic
    A diagnostic evaluation that provides a comprehensive assessment of the equipment to identify both the reported issue and any underlying or potential issues.
11. Maintenance Service
    A service provided by the Company for routine inspection and evaluation of equipment performance, which may be offered in two forms:
    • General Inspection Maintenance: A basic inspection of one piece of equipment (e.g., the outdoor condensing unit in cooling season or the indoor unit in heating season).
    • Comprehensive Maintenance: A thorough inspection of both indoor and outdoor units, priced at $289.00 per piece of equipment.
12. Installation Service
    Any service performed by the Company to connect or set up equipment, including the installation of ductwork, electrical wiring, and drainage systems, as described in the Agreement.
13. Part Order
    An order placed by the Client for parts required for the services; once approved, the order is final and non‑refundable.
14. Equipment Order
    An order placed by the Client for equipment required for services, which may be subject to cancellation fees and additional conditions as specified in the Agreement.
15. Chargeback
    A reversal of funds initiated by a financial institution, which the Client is prohibited from initiating under this Agreement. Any attempted chargeback will incur additional fees as set forth in the Agreement.
16. Breach
    A failure by the Client to comply with any material provision of this Agreement.
17. Third-Party Services
    Services, products, or engagements provided by an external provider that is not directly employed or contracted by the Company.

XIV. Agreement, Acknowledgment, and Acceptance

XIV.A. Agreement and Acceptance
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. By engaging with our resources—including interacting with personnel, systems, or services—the Client agrees to be bound by these terms. Actions such as clicking an “Approve” button, signing a contract, providing verbal approval, or granting access to equipment are sufficient to confirm acceptance. Continued engagement with our services, even without formal written approval, constitutes consent to these terms. To opt out, the Client must cease all communications and discontinue use of our services; however, opting out does not release the Client from obligations incurred prior to opting out.

The Client acknowledges that Home Service Consultant may provide professional recommendations based on industry knowledge, experience, and best practices intended to ensure the quality and success of the services rendered. In the event that the Client knowingly chooses to disregard such recommendations—whether verbally, in writing, or through explicit instruction—they do so at their own risk.

By proceeding against professional guidance, the Client accepts full responsibility for any resulting issues, delays, deficiencies, or failures and expressly waives the right to claim damages, refunds, chargebacks, or any form of financial recourse tied to the consequences of their decision.

Such actions shall constitute a material breach of this Agreement, and Home Service Consultant reserves the right to seek reasonable compensation for any additional time, resources, or costs incurred in addressing or rectifying outcomes stemming from the Client’s decision. This includes but is not limited to staff time, subcontractor involvement, materials wasted or repurposed, and any reputational harm or administrative burden caused by resolution efforts.

By engaging with our services, the Client confirms that they have read, understood, and agree to all the terms and conditions set forth in this Agreement. This comprehensive document merges all previously stated provisions—including those covering service operations, legal obligations, payment, warranties, third‑party interactions, risk acceptance, and defamation protection—without omitting any important terminology except for exact duplicates.