VIP Protection Plan Membership Agreement

Welcome,

The VIP Membership program (“Membership”) and the various service plans (“Plans”) were created to offer you, the signatory to this agreement (the “Customer”), the advantages described below while providing high-quality service to maintain and repair your heating and/or air conditioning system (as specified on the Membership form). Membership is being ooffered to you by Home Aire Care Heating and Cooling (the “Company”).

Conditions: The Company reserves the right to revise these Conditions at any time and without prior notice. By enrolling in the Membership, each Customer agrees to the conditions set forth in this Agreement.

The activation date of a new Membership is the date that the first Plan payment is received by the Company. Each Plan applies to one (1) residence, as specified on the Membership form (the “Residence”). The Company will provide you with a level of service based on the plan being subscribed to. Memberships are based on a one-year term (”Term”), with payments made monthly or annually as agreed to by you, and are automatically renewed at the end of each Term. If you do not wish to renew your Membership at the end of the Term you must provide the Company with at least 30 days’ notice prior to expiry of the Term.

If you terminate your Membership before the end of the Term but have already used your maintenance tune-up/service call(s) (“Maintenance Visit(s)”) for the Term, you will have to pay the Company an amount equal to the annual price of your Plan less any monthly payments already made-this does not apply if you chose to make an annual payment for your Plan. Upon early termination the Company’s maximum liability is limited to a refund of unused Maintenance Visit(s) already paid for.

For Plans covering an air conditioning unit, please note that the outdoor temperature must be at least 60ºF or 15ºC for the unit to be properly serviced.

If you move, you must notify the Company whether you want to transfer your Plan to your new residence (if within Company’s service area), or alternatively whether you want your Plan to remain in effect for the new occupant of the Residence. In either case, a $25 transfer fee applies.

The Company carries a large inventory of replacement parts for most heating and cooling equipment. In the event that a part is not in our inventory, we will make all commercially reasonable efforts to obtain a replacement part or an appropriate substitute as quickly as reasonably possible. If the part is no longer available or the equipment cannot be repaired, we would recommend replacement and provide one complimentary Membership Term (inclusive of associated loyalty rewards) at the level at which you are currently enrolled.

Membership loyalty reward credits (“Credits”) can only be redeemed towards the purchase of a new air conditioning and/or furnace system by the Customer for the Residence and from the Company. Credits have no cash surrender value and there are no fees associated with Credits. All of your Credits will expire immediately if (i) your Plan is cancelled by you or the Company or (ii) you fail to make a monthly (or annual) payment. Where a Customer moves and transfers the Plan to his/her new residence (if within Company’s service area), or alternatively, the Plan is acquired by the new occupant of the Residence, all Credits accumulated on a Plan will be carried with it in either scenario. Where a Plan is cancelled, all Credits are deemed expired. Credits cannot be transferred outside of the Company’s service area.

Gold Plan includes: (i) two Maintenance Visits per Term for a two piece plan, and one visit per Term for a one piece plan;. (ii) guaranteed “same day” repair call response ( within 12 hours from the time you call) in the event that a repair time is not met, the diagnostic fee is waived. (iii) Coverage for repair call service fees up to and including a repair of $725 value (pre-tax), which are still subject to a reduced diagnostic fee of $19.95 per repair call. (iv) No limit on repair calls; (v) 25% discount on level 5 repair fees in the unlikely event of a higher repair cost. If equipment is at life expectancy (average of 15 years ), and requires major repairs, replacement would be recommended (vi) $100 in Credits for two piece plan, $50 in Credits for one piece plan upon enrollment and annual renewal of your Gold Plan Membership. (vii) To be eligible for this plan, the equipment must be pre-inspected to verify condition prior to acceptance of Membership by Company. Maximum Loyalty Reward Credit accumulation $750.

Silver Plan includes (I) two Maintenance Visits per Term for a two piece plan; and one visit per Term for a one piece plan; (ii) guaranteed “one day” repair call response (within 24 hours from the time you call) in the event that a repair time is not met, the diagnostic fee is waived. (ii) 20% discount on repair costs. (iii) a reduced diagnostic fee of $49.95 per repair call; and (iv) $75 in Credits for two piece plan, $37.50 in Credits for one piece plan, upon enrollment and annual renewal of your Silver Plan Membership. Maximum Loyalty Reward Credit accumulation $500.

Coverage: Generally, Maintenance Visits only cover your basic heating and central air conditioning systems. In some instances, of the following specialty equipment (“Specialty Equipment”) may also be covered at Silver Plan level: ductless split air conditioning, Dry-o-Trons, heat pumps, gas or oil boilers, oil furnaces, fireplaces, Spacepacs, outdoor pool heaters, and HRVs. On a Repair Call related to any Specialty Equipment an individual quote will be given for each piece of Specialty Equipment. At an additional cost (see Membership form), Maintenance Visits may also cover some or all of the following accessories: humidifiers (including replacement of humidifier pads and pleated filter media), electronic air cleaners, media air cleaners, condensate pumps, and owned hot water heaters.

Exclusions: Service Calls under each Plan do not include any of the following services: turn on or turn off equipment; balancing of systems; deliming of water boilers, ducts or radiators; draining or filling of un-valved expansion tanks; or any other services considered to be plumbing, sheet metal work, or electrical work on a residence’s wiring. Service Calls also do not cover window-mounted air conditioners, commercial air conditioning units, and residential air conditioners being used for commercial purposes.