ESP Terms and Conditions

TERMS AND CONDITIONS

AIRTRON ESSENTIAL SERVICE PLAN TERMS AND CONDITIONS

This Airtron Essential Plans Terms and Conditions sets forth the terms and conditions under which We will provide You the Services described below and in Your Order Confirmation (collectively, the “Agreement”). Please read the Agreement carefully. Coverage may be limited, and certain exclusions will apply.

1. DEFINITIONS

A. “Administrator” means the named Administrator of this Agreement, which shall be either Airtron, Inc., 5150 Elmwood Ave, Indianapolis, IN 46203; Toll Free number 1-800-419-6181. To schedule Service, please refer to Your Order Confirmation to contract the Administrator’s office nearest You.

B. “Agreement” means this Airtron Essential Plans Terms and Conditions and includes the Order Confirmation.

C. “Authorized Repair Technician” means the repair person either We or the Administrator dispatch in response to Your call.

D. “Coverage Period” means the duration of this Agreement as identified in Section 5 of this Agreement.

E. “Effective Date” means the date stipulated on the Order Confirmation.

F. “Eligible Facility” means a single-family residence or small business operating with a five-ton or smaller heating or air conditioning unit, located within Our service area. If the Eligible Facility is a house, townhouse, condominium, apartment unit, modular home or a manufactured home, it must be anchored to a permanent foundation and not moved for the duration of the Plan and applies only to the Equipment and systems serving the individual unit, not the common areas or shared systems in multiple unit dwellings. The Eligible Facility will be the one provided to Us on Your Enrollment Form.

G. “Enrollment Form” means the written or online form You completed to enroll in the Plan You selected.

H. “Equipment” means natural gas or electric furnaces, air handlers, heat pumps, electric powered central air conditioners, package units, mini-split systems, and any attached humidifiers that are eligible for coverage under the Plan.

I. “Order Confirmation” means the written or electronic communication We send which indicates the Plan You selected and payment details You provided.

J. “Plan” means the Airtron Essential Plan You purchased as indicated on Your Order Confirmation.

K. “Products”shall meanheating, ventilation and air conditioning (“HVAC”) related products installed at the Eligible Facility by Us or Our designee.

L. “Trade Call Fee” means an amount due by You for a Service visit by an Authorized Repair Technician. Any applicable Trade Call Fee will be listed on either Your Enrollment Form or Order Confirmation.

M. “We”, “Us” and “Our” means the named provider of this Agreement, Airtron, Inc., located at 5150 Elmwood Ave, Indianapolis, IN 46203.

N. “You” and “Your” means the resident or owner of the Eligible Facility covered by the Plan.

TERM AND RENEWAL

2. The Coverage Period of this Agreement shall commence on the Effective Date and continue for one year. AFTER THE COVERAGE PERIOD, THIS AGREEMENT WILL AUTOMATICALLY RENEW IN ADDITIONAL ONE-YEAR INCREMENTS UNLESS TERMINATED IN WRITING SENT NO LATER THAN 10 DAYS AFTER YOUR ANNIVERSARY DATE TO THE ADDRESS SET FORTH in the HOW TO CONTACT US SECTION BELOW OR AS OTHERWISE PROVIDED IN THIS AGREEMENT. Customers residing in states that do not allow automatic renewal of Services shall receive a written renewal notice.

3. CHANGES TO AGREEMENT

We will provide You written notification of any material changes to this Agreement 45 days in advance of the implementation of said changes. Such changes may include modifications to the price, coverages, exclusions, or other material provisions of this Agreement. Notice will not be provided to You when changes are favorable to You or when changes are mandated by a regulatory agency. After notice of a material change, You may terminate this Agreement by providing written notice within the 45-day period prior to the effective date of the change. If You do not respond prior to the expiration of the 45-day period, the change will be deemed accepted by You. If We discontinue the Plan, Our liability will be limited to completing any repairs or parts replacements underway at the time the Plan is discontinued.

4. PAYMENTS

You agree to make payment monthly, plus any applicable taxes, as stated on the Order Confirmation. The monthly payment for this Agreement may appear alongside other billing statements sent to You from Us for separate services We may provide. This Agreement provides for Electronic Fund Transfer, Automated Clearing House, or preauthorized credit card as identified on Your Order Confirmation for the purpose of making Your monthly payment. Monthly payments will be drafted using the designated payment method on the day which You enrolled in each following month. You will not receive a monthly or annual bill. If You fail to make a payment, or Your designated payment method is declined, when due for any reason, We may terminate Your Plan as set forth below. If Your payments are not current, We may refuse to provide service under the Plan. Except as otherwise specifically stated in this Agreement, Your payments are non-refundable.

5. CANCELLATION

A. Cancellation by Us:

We may at any time immediately cancel the Plan for non-payment, fraud or material misrepresentation without prior written notice unless otherwise required by law. We may cancel the Plan at any time by providing You with 30 days written notice unless otherwise required by law. Any refunds You may be owed, or any additional amount You may owe Us, related to cancellation by Us will be calculated as described in Section 6 C. below.

We reserve the exclusive right not to renew a Plan or this Agreement for any reason.

B. Cancellation by You:

You may cancel this Agreement at any time by providing Us written notice to the address set forth in the How to Contact Us Section belowC.

Additional Cancellation Obligations:

6. If either You or We cancel a Plan within 30 days from the Effective Date and You have not received any Services under the Plan, You are entitled to a full refund of the amount paid by You.

7. If You have not received any Services (including any replacement credit) under a Plan and either You or We cancel the Plan after 30 days from the Effective Date, You are entitled to a pro rata refund of the amount paid by You for the unexpired Coverage Period of that Plan less any applicable administrative fee.

8. If You have paid in full for the Coverage Period and You cancel a Plan before the end of the Coverage Period and You have received Services (including any replacement credit) under the Plan, You shall be entitled to a pro rata refund of the amount paid by You for the unexpired portion of the Coverage Period of that Plan less any service/credit costs incurred by Us and any applicable administrative fee. If You are enrolled in a monthly payment plan and You cancel a Plan before the end of the Coverage Period and You have received Services (including a replacement credit), then You will be responsible for the lesser of the costs incurred by Us or the balance due under Plan for that Coverage Period. Your cancellation of a Plan will be effective immediately following the monthly period in which that Plan is canceled.

This Agreement gives You specific legal rights, and You may also have other rights which vary from state to state. LIABILITIES NOT EXCUSED BY REASON OF A FORCE MAJEURE EVENT OR OTHERWISE SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES. ANY IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO 90 DAYS FROM THE DATE OF A SERVICE CALL. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations or exclusion may not apply to you.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR DOCUMENT REFERENCED HEREIN, (A) IN NO EVENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, SHALL AIRTRON BE LIABLE UNDER CONTRACT, TORT, INDEMNITY, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST OPPORTUNITIES OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF AIRTRON OR CUSTOMER HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING; AND (B) IN NO EVENT, SHALL AIRTRON’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS AND SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS AND SERVICES AT ISSUE IN THE TWELVE (12) MONTH PERIOD (IF ANY) PRECEDING THE DATE OF THE CLAIM. WITHOUT LIMITATION OF THE FOREGOING, AIRTRON SHALL HAVE NO LIABILITY ARISING FROM OR RELATING TO CUSTOMER’S USE OF USAGE DATA AND/OR CUSTOMER INFORMATION OR RELIANCE ON USAGE DATA AND/OR CUSTOMER INFORMATION TO MAKE BUSINESS DECISIONS AND CUSTOMER HEREBY RELEASES AIRTRON FROM ALL LIABILITY FOR SUCH RELIANCE OR DECISIONS.

All parts removed in connection with the Services become Our property, and You agree to assign to Us any assignable warranties available from any manufacturer or supplier of such removed part.

9. PERSONAL INFORMATION

For purposes of this Section only, “We,” “Us,” and “Our” also includes any parent company, subsidiary, affiliate, or affiliate brand (including Direct Energy) that We operate under. Personally Identifiable Information (PII) includes any information that You have shared with Us, that We have collected about You on the Enrollment Form and during the Coverage Period, and/or We, or third parties acting on Our behalf, collected in the course of providing services to You, that may be used to specifically identify or contact You (including but not limited to Your name, mailing address, email address, phone number, or fax number). By being a customer under this Agreement, using Our products and services, or by submitting Your PII to Us or to third parties acting on Our behalf, You are consenting to the terms of this notice and the use, sharing and disclosure of Your PII in accordance with Our privacy policy located at https://www.thermostat.com/privacy-policy. If You would like to limit Our use of Your PII, or opt-out of the sharing of Your PII with third parties, You may request so in writing at Direct Energy, 910 Louisana, Suite B200, Houston, Texas 77002, Attn: Privacy Officer, c/o Compliance Department or by email at privacy@directenergy.com. Additionally, You may opt out of receiving marketing communications from Us as set forth in the Privacy Policy or as provided within any marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of emails).

If the Product is available in Your Eligible Facility’s location, and You have agreed to the Installation of the Product, You agree to allow any raw data related to Your HVAC system and electrical usage, including any reports or diagnostic information prepared by Us or a third-party designated by Us (“Usage Data”), to be used by Us to improve Our Services in accordance with this Agreement or for marketing purposes in accordance with applicable law. We or a third-party designated by Us shall further have the unrestricted right to generate averaged data, aggregated data, benchmarks, comparisons or recommendations using Usage Data, and to generate other calculations, derivatives, using, containing or referencing the collected customer information, and aggregate Usage Data with or without data relating to third parties (all of the foregoing and the product of such activities referred to collectively herein as “Analytic Data”). All right, title and interest in Analytic Data shall be held by Airtron and any third-party designated by Us, as applicable. Airtron and our afiliate shall have the unrestricted right to use, exploit, transfer, lease, sell or otherwise commercialize Analytic Data for any and all purposes without notice or obligation to You, provided that Analytic Data does not indicate Your identity. You shall not have a right to consideration or any other right arising from the creation or exploitation or other use of Analytic Data. You shall at all times during the Term of this Agreement comply with and be subject to (i) Our designated third-party’s end-user, privacy and other related policies, as applicable, as conveyed to You in the the third-party application or other source identified by the third-party and (ii) Airtron’s privacy policy, which is accessible at https://www.thermostat.com/privacy-policy/

10. COVERAGE

This Section discusses the included coverage for the Equipment. Your coverage depends upon the Plan You selected on Your Enrollment Form as identified on Your Order Confirmation. Your selected plan is listed in the Order Confirmation.

The following lists the applicable coverages for each Plan. Your Plan may not include the entirety of the following coverage. Please review Your Order Confirmation to determine which Plan You have selected.

A. Coverage for the Essential Service Plan includes only the following:

Semi-Annual 15 Point Tune-ups.
- For cooling equipment, this includes, but is not limited to, verifying cooling performance, cleaning outdoor condenser coils and removing debris from unit, inspecting condenser fan motor operation, checking amperage of compressor, testing operation and condition of compressor contactor, inspecting electrical connections, inspecting the capacitors and relays, inspecting for refrigerant leaks, inspecting indoor evaporator coil (if accessible), flushing the condensate drain, inspecting the blower assembly operation to lubricate and adjust as necessary, evaluating the condition of air filters and other indoor air quality accessories, conducting a safety test on all controls, calibrating the thermostat and confirming proper operation, and evaluating overall efficiency of the system.
- For heating Equipment, this includes, but is not limited to, cleaning the heat exchanger and inspecting for combustion leaks, testing for carbon monoxide, cleaning and adjusting burners, cleaning and inspection of pilot assembly and thermocouple, inspecting the flame sensor, examining the flue and venting system, verifying the proper inducer motor operation, verifying the ignition, inspecting gas piping and valves, flushing the condensate drain, inspecting, lubricating, and adjusting the blower assembly operation, testing all safety controls, calibrating the thermostat, evaluating the overall efficiency of the system.
15% Repair Discounts.
- If You purchase the Essential Service Plan, You are eligible for up to 15% on all necessary repairs that are needed on Your Equipment at the Eligible Location.
Priority Service
No Overtime Charges.
$500 Toward System Replacement.

11. HAZARDOUS MATERIALS:

The Services do not include the identification, detection, abatement, encapsulation, or removal of asbestos, radon gas, mold, or products or material containing asbestos, radon gas, mold, or other hazardous substances. If any hazardous materials are encountered in the course of performing the Services, the Authorized Repair Technician has no obligation to continue the work until such products or materials are abated, encapsulated, or removed, or it is determined that no hazard exists (as the case may require). We shall have no obligation to arrange for and will have no liability for the removal of, failure to detect, or contamination as a result of its failure to detect any asbestos, radon gas, mold, or other hazardous products or materials.

12. MISCELLANEOUS

A. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas without regard to the conflict of laws provisions thereof. The trial courts located within Harris County, Texas (for all locations)? will have exclusive jurisdiction to resolve disputes. WITHOUT REGARD TO CONFLICTS OF LAW ANALYSIS, ANY OBJECTIONS AS TO JURISDICTION OR VENUE IN SUCH COURTS ARE EXPRESSLY WAIVED.

B. If a dispute arises out of this Agreement and cannot be settled through negotiations, the parties agree to try in good faith to settle the dispute by mediation before resorting to litigation. The fees for the mediation will be borne equally by the parties.

C. These Terms and Conditions, together with the Order Confirmation, make up the entire agreement between You and Us. There are no other written or verbal representations, rights, obligations, or inducements (including those of sales agents) that are binding on Us. Disputes or complaints about the Services provided by Us or this Agreement should be directed to 1-800-419-6181 .

D. We may assign this Agreement, in whole or part, or any of Our rights and obligations hereunder, or pledge the Agreement or proceeds thereunder as security for any obligation, without Your consent, to the fullest extent allowed by law. Upon such assignment, You agree that we shall have no further obligation under this Agreement. This Agreement is not assignable by You without Our prior written consent.

E. Any action we take or fail to take does not mean that we give up any of Our rights under this Agreement.

F. We will make commercially reasonable efforts to fulfill Our obligations under this Agreement. Certain causes and events that are out of Our reasonable control (“Force Majeure Event(s)”) may result in Our inability to perform under this Agreement. If we are unable to perform Our obligations, in whole or in part, due to a Force Majeure Event, then Our obligations shall be suspended to the extent made necessary by such Force Majeure Event, and in no event shall we be liable to You for damages caused by any Force Majeure Event. Force Majeure Events include, but are not limited to, acts of God; fire; war; flood; earthquake; acts of terrorism; acts of any governmental authority; accidents; strikes; labor troubles; shortages in supply; changes in laws, rules, orders, guidance, or regulations of any governmental authority; epidemic, pandemic or other infectious diseases, virus, or similar health-related outbreak; or any other cause beyond Our reasonable control.

G. You must notify the Administrator as soon as a problem is discovered. The Administrator will accept service requests 24 hours a day, 7 days a week, 365 days a year. The Administrator’s website will always be available to take Service requests. If you wish to call the Administrator, the contact information to make a service request is provided on Your Order Confirmation. If You request Service outside of the Authorized Repair Technician’s normal business hours (i.e. usually 8 AM – 5 PM in Your time zone), We will determine if a repair constitutes an emergency (generally issues that make the home uninhabitable – and not related to a Force Majeure Event) and will make reasonable efforts to expedite emergency service.

H. You will pay the Trade Call Fee, if applicable and as listed on Your Enrollment Form, or the actual costs of Services, whichever is less, unless You are exempted from such payment by the Plan You have selected. The Trade Call Fee or costs of Services will be due at the time the Authorized Repair Technician arrives at the Eligible Facilities. Other than the Trade Call Fee, this Agreement does not require the payment of any deductible. If a Trade Call Fee is applicable, it shall be for each visit by an Authorized Repair Technician to the Eligible Facilities. The Trade Call Fee, as applicable, applies to each call dispatched and scheduled, including, but not limited to, those calls wherein coverage is deemed to be excluded or denied under the Agreement. The Trade Call Fee, as applicable, will be due if You fail to be present at the scheduled time or in the event that You cancel a Service call at a time when the Authorized Repair Technician is already on the way to the Eligible Facility. Failure to pay any applicable Trade Call Fee will result in the suspension of coverage. Coverage will be reinstated at the time the Trade Call Fee is paid; however, there will be no modifications to the Coverage Period.

I. If You smell gas or suspect there is a gas leak, leave the premises immediately and call Your gas company from outside.

13. HOW TO CONTACT US; ADDITIONAL DOCUMENTATION FROM YOU

Should You need to schedule Service, please contact the Administrator using the contact information provided on Your Order Confirmation. Please have Your name, Eligible Facility address, and Equipment make and model number readily available when contacting the Administrator. Additionally, the Administrator reserves the right to request a copy of any visual or mechanical test that may have been performed by a home inspector or other licensed mechanical contractor. If such prior work has been conducted, please have all applicable information readily available for the Authorized Repair Technician.

If You need to give Us notice of termination, cancellation, or non-renewal, or if You need to contact Us for any reason other than a Service request, You may contact Us using the following information:

MAIL	EMAIL	PHONE (TOLLFREE)
Airtron Attention: Contract Administrator 5150 Elmwood Avenue Indianapolis, IN 46203	airtronagreementsupport@directenergy.com	1-800-419-6181

STATE-SPECIFIC NOTICES:

District of Columbia Residents: The maximum administrative fee allowed under District of Columbia law is ten percent (10%) of the gross provider fee. In the event of a termination pursuant to Section 8, You shall be obligated to pay Us an administrative fee not to exceed ten percent (10%) of the gross provider fee.

Maryland Residents: Section 8(a) is amended to add the following sentence at the end of the fifth paragraph: A ten percent (10%) penalty per month shall be applied to any refund owed to You by Us, which is not paid or credited within forty-five (45) days of receipt of returned Service Agreement.

North Carolina Residents: Section 8(a) is amended to delete the second sentence in the first paragraph and insert the following: We may not cancel this Agreement except for nonpayment by You or for violation of any of the terms and conditions of this Agreement.

The fifth paragraph of Section 8(a) is deleted. No administrative fee will be charged if We cancel this Agreement.

The first paragraph of Section 8(b) is modified to state: You may cancel this Agreement at any time by providing Us written notice to the address set forth in the “How To Contact Us” section. If You cancel within the first 30 days of the Coverage Period, You shall have no further obligations under this Agreement. If You cancel on or after the 31st day of the Coverage Period, You shall be obligated to pay Us an administrative fee not to exceed 10% of the amount refunded. You may also cancel this Agreement if You move outside of Our service area. If You cancel due to Your move outside of Our service area within the first 30 days of the Coverage Period, You shall have no further obligations under this Agreement. If You cancel due to Your move outside of Our service area on or after the 31st day, You shall be obligated to Pay Us an administrative fee not to exceed 10% of the amount refunded.

South Carolina Residents: In addition to Your cancellation rights listed above, You may cancel this Agreement within 20 days of the date this Agreement was mailed to You or within 10 days of delivery if this Agreement is delivered to You at the time of sale or within a longer time period permitted under this Agreement. If You have not received any Service, You are entitled to a full refund of the amount paid by You under this Agreement.

Section 8(a) is amended to add the following sentence at the end of the fifth paragraph: A ten percent (10%) penalty per month shall be applied to any refund owed to You by Us, which is not paid or credited within forty-five (45) days of receipt of returned Service Agreement.

In the event of a dispute with Us regarding this Agreement, You may contact the South Carolina Department of Insurance, Capitol Center, 1201 Main Street, Ste. 1000, Columbia, South Carolina, 29201 or by phone at (800) 768–3467.

Texas Residents: The first paragraph of Section 8(b) is modified to state: You may cancel this Agreement at any time by providing Us written notice to the address set forth in the “How To Contact Us” section. If You cancel within the first 30 days of the Coverage Period, You shall have no further obligations under this Agreement. If You cancel on or after the 31st day of the Coverage Period, You shall be obligated to pay Us an administrative fee of $50.00 or the maximum amount allowed by law. You may also cancel this Agreement if You move outside of Our service area. If You cancel due to Your move outside of Our service area within the first 30 days of the Coverage Period, You shall have no further obligations under this Agreement. If You cancel due to Your move outside of Our service area on or after the 31st day, You shall be obligated to pay Us an administrative fee of $50.

If You purchased this Agreement in Texas, unresolved complaints or questions concerning the regulations of service contracts may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711, telephone number (512) 463-6599 or (800) 803-9202 .

Virginia Residents: If any promise made in the contract has been denied or has not been honored within 60 days after Your request, you may contact the Virginia Department of Agriculture and Consumer Services, Office of Charitable and Regulatory Programs at www.vdacs.virginia.gov/food-extended-service-contract-providers.shtml to file a complaint.