TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE SIGNING THIS AGREEMENT.

By signing this agreement, you signify your agreement to the terms listed below. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes on our web site at myfivestarhomeservices.com/whole-home

ROUTINE MAINTENANCE SCHEDULE INCLUDING

Your Safety Inspection or Precision Tune-up on your equipment is covered for 12 months from date on the front of this form. These will be performed during the months of January, February, March & April or August, September, November & December during the hours of 8:00am to 11 :00pm Monday through Saturday.

CREDIT CARDS

Five Star Home Services takes the issue of your privacy seriously, including the security of your credit card or check information. We will only use your information for internal purposes and your information will not be shared with any other organization.

CLUB MEMBERSHIPS/BILLING

If you open a club membership account with us, you hereby agree to pay all charges to your account, including applicable taxe s, in accordance with billing terms in effect at the time the charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for your club membership and to institute new fees, charges, or terms effective only on your annual renewal date. We reserve the right to terminate any account at any time for any reason.

Please Note: Your club membership is a 12-month agreement that will be automatically renewed, and your credit card account will be charged each month, unless you cancel the subscription prior to the renewal date. You may cancel your club membership by mailing a letter of cancellation to: Five Star Home Services 8160 Howe Industrial Parkway Suite A, Canal Winchester, OH 432110 Attn: Club Membership Administrator

If you request cancellation, there shall be no refund for any unused portion of the club membership. In the event that any club membership discounts were given, associated with services rendered or equipment installations, you agree to reimburse Five St ar Home Services in full for the discounts given prior to cancellation. You acknowledge and agree that the authorization to charge your credit card for services shall automatically continue until all charges have been paid in full.

The purchase of one club membership applies to only one HVAC system and/or one tanked hot water heater per location. If the location has multiple HVAC systems or tanked hot water heaters, additional club memberships will need to be purchased for that locatio n.

Your right to service is subject to any limits established by Five Star Home Services or by your credit card issuer. If payment cannot be charged to your credit card or the charge is returned for any reason, including chargeback, Five Star Home Services may su spend or terminate your club membership, thereby terminating this Agreement and all obligations of Five Star Home Services hereunder.

If your maintenance agreement begins on any day between the 1st day of the month and the 15th day of the month, you will be charged the monthly billing rate to their credit card account on file on the 14th day of each succeeding month. If your maintenance agreement begins on any day between the 16th day of the month and 31st day of the month, you will be charged the monthly billing rate to your credit card account on file on the 28th day of each succeeding month. If the 14th day or 28th day of the month falls on a Saturday, Sunday or holiday, your credit card on file will be charged on the Friday prior to the Saturday or Sunday or the business day prior to the holiday.

LIMITATION OF LIABILITY

EXCEPT TO THE EXTENT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SERVICES PROVIDED UNDER THIS AGREEMENT. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR YOUR CLUB MEMBERSHIP.

TERMINATION

This agreement is for 12 months, and it will renew automatically unless you cancel the subscription prior to the renewal date. Cancellations will be subject to the rules under Club Membership/Billing.

Revised: 4/11/23

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