Terms and Conditions

TOP HVAC ESSENTIAL PLANS TERMS AND CONDITIONS

This document outlines the Terms and Conditions of the TOP HVAC Essential Plans (the “Agreement”), under which we will provide the services detailed in your Order Confirmation. It's important to read and understand this Agreement, as it contains information about coverage limitations and exclusions.

1. Definitions:

Administrator: The entity responsible for managing this Agreement, either TOP HVAC Service Co., or in Texas, operating as TOP HVAC at 1438 Crescent Dr. Suite 201, Carrollton, TX, 75006. For service scheduling, refer to your Order Confirmation for the nearest Administrator’s office.
Agreement: Refers to these Terms and Conditions, including your Order Confirmation.
Authorized Repair Technician: The technician dispatched by us or the Administrator in response to your service request.
Coverage Period: The duration of this Agreement as specified in Section 5.
Covered System: Any system or component included in your chosen Plan, subject to normal wear and tear. This includes breakdowns due to insufficient maintenance, provided the cause was unknown at the time. Covered Systems must be properly installed and operational on the Effective Date.
Effective Date: The start date as indicated on your Order Confirmation.
Eligible Facility: A single-family residence or small business with a heating or air conditioning unit of five tons or less, within our service area. This includes houses, townhouses, condominiums, apartment units, modular homes, or manufactured homes, which must be anchored to a permanent foundation. The Plan applies only to the individual unit's equipment and systems, not to common areas or systems shared in multi-unit dwellings. The specific facility is as provided on your Enrollment Form.
Enrollment Form: The form you filled out, either online or in writing, to enroll in your selected Plan.
Equipment: Includes natural gas or electric furnaces, air handlers, heat pumps, electric-powered central air conditioners, package units, mini-split systems, and any attached humidifiers eligible for coverage.
Order Confirmation: The written or electronic communication from us confirming your selected Plan and payment details.
Plan: The specific TOP HVAC Essential Plan you have chosen, as indicated in your Order Confirmation.
Products: HVAC-related products available for your Plan at the Eligible Facility and installed by us or our designee.
Service/Services: The diagnosis and repair work, including parts and labor, to address any issues with your Covered System, in line with this Agreement. This also includes, where applicable, the installation, registration assistance, and maintenance of the Products.
Trade Call Fee: The fee charged for a service visit by an Authorized Repair Technician, as detailed in your Enrollment Form or Order Confirmation.
We/Us/Our: Refers to TOP HVAC Service Co., the provider of this Agreement, located at 1438 Crescent Dr. Suite 201, Carrollton, TX, 75006.

2. Key Information About the Agreement

This Agreement is designed to cover the costs of repairing or replacing specific parts of your Equipment. It's important to note that this is not an insurance contract. The commitments we make under this Agreement are solely backed by the integrity and resources of TOP HVAC, Inc., and do not come with the guarantees typically associated with a reimbursement insurance policy. Opting for this coverage is entirely your choice, and you may find similar services available from other providers. Under this Agreement, we cover the expenses related to diagnosing and repairing Equipment that has become non-functional due to mechanical failures caused by normal wear and tear. This includes coverage for defects that are not immediately apparent through visual checks or basic mechanical testing, provided that the Equipment was properly installed and functioning correctly as of the Effective Date. However, it's crucial to understand that this plan will not cover any issues if the conditions outlined in section 4 are not met. Any mentioned dollar limits are to be understood as total aggregate limits. Please be aware that we will not provide reimbursement for any services carried out without our express prior authorization.

3. Services Provided Under the Plan

A. Coverage of Services: The Plan you have chosen will cover the costs associated with diagnosing and repairing Equipment that has stopped working due to mechanical failures from normal wear and tear, within the bounds of the limitations and exclusions specified. We reserve the right to decide whether to repair or replace parts, based on our reasonable judgment. The scope of Services provided is strictly as outlined in this document, as well as per your selection on the Enrollment Form and as detailed in your Order Confirmation. All Equipment must fulfill the criteria set out in Section 4 before any Services are rendered.
B. Product Installation: If your Plan includes a Product that is available in the location of your Eligible Facility, and you consent to its installation as part of your HVAC system, we will undertake the installation and help with your registration and access to the Product. This installation may be carried out by either our team or by one of our affiliates or agents. During the installation process, you may need to agree to certain terms and conditions set by the Product's original manufacturer. Your acceptance of these terms is necessary to complete the installation. Should we encounter unexpected site conditions at your Eligible Facility that could increase the installation costs or impede the installation process, we reserve the right to withdraw our installation offer. You are responsible for clearing any obstructions or hazards necessary for the proper execution of the installation or removal of the Product. We will not be liable for replacing or repairing any such items that need to be removed by us during this process.

4. Eligibility for Services

For your Equipment to be eligible for the Services under this Plan, it must be located in an Eligible Facility that meets the following criteria:

The Equipment should be within the permanent foundation of the Eligible Facility.
It must be properly installed and functioning correctly as of the Effective Date.
The Equipment should be readily accessible for diagnosis and repair by the Authorized RepairTechnician.
The location of the Equipment must be safe for the Authorized Repair Technician to carry out the necessary work.

5. Duration and Renewal of the Agreement

The active period of this Agreement, known as the Coverage Period, starts on the Effective Date and lasts for one year. Following the end of the Coverage Period, the Agreement will automatically renew for successive one-year terms unless you terminate it in writing. This termination notice must be sent to us no later than 10 days after your annual renewal date, as detailed in the "How to Contact Us" section of thisAgreement. In states where automatic renewal of services is not permitted, we will send you a notice to renew the Agreement.

6. Amendments to the Agreement

We will inform you in writing of any significant changes to this Agreement at least 45 days before these changes take effect. Changes may pertain to the pricing, coverage, exclusions, or other key aspects of the Agreement. You will not receive notice if the changes are to your benefit or if they are required by regulatory authorities. Upon receiving notice of a material change, you have the option to terminate the Agreement by providing written notice within the 45-day window before the change takes effect. If you do not respond within this period, you will be deemed to have accepted the changes. If we decide to discontinue the Plan, our responsibility will be limited to completing any ongoing repairs or parts replacements at the time of discontinuation.

7. Payment Terms

You agree to make monthly payments, along with any applicable taxes, as specified in your Order Confirmation. These payments may be included in other billing statements we send you for different services. This Agreement allows for payments through Electronic Fund Transfer, Automated Clearing House, or preauthorized credit card transactions, as indicated in your Order Confirmation. Payments will be processed on the same day each month as the day you initially enrolled in the Plan. You will not receive separate monthly or annual bills for this Agreement. If you fail to make a payment on time, or if your designated payment method is declined, we may terminate your Plan as outlined in this section. We reserve the right to withhold services if your payments are not up to date. Unless stated otherwise in this Agreement, all payments made are non-refundable.

8. Policy on Cancellation

A. Cancellation Initiated by Us: We reserve the right to cancel the Plan immediately in cases of non-payment, fraudulent activities, or significant misrepresentation, without prior written notice, unless legally required. Additionally, we may terminate the Plan by providing you with a 30-day written notice. In the event of cancellation by us, any refunds due to you or additional amounts you owe us will be calculated as outlined in Section 8.C. We also hold the exclusive right to choose not to renew the Plan or this Agreement for any reason.
B. Cancellation Initiated by You: You have the option to cancel this Agreement at any time. To do so, you must send us written notice to the address provided in the "How to Contact Us" section. Upon such cancellation, you will be required to pay an administrative fee of $150.00 or the maximum amount permitted by law. This cancellation will not affect any other payments you may owe us for different services. If you cancel the Agreement due to relocating outside our service area, the same administrative fee applies. The calculation of any refunds or additional amounts you owe us in the event of your cancellation will follow the guidelines in Section 8.C.
C. Additional Terms Regarding Cancellation:
- If the Plan is canceled by either party within 30 days from the Effective Date without any Services being provided, you are entitled to a full refund.
- If the Plan is canceled after 30 days from the Effective Date and no Services (including replacement credits) have been provided, you will receive a pro-rata refund for the unused portion of the Coverage Period, minus any applicable administrative fees.
- If you have paid the full Coverage Period and cancel before its conclusion after receiving Services (including replacement credits), you are entitled to a pro-rata refund for the unused portion of the Coverage Period, minus any service/credit costs and administrative fees incurred by us.
- If you are on a monthly payment plan and cancel before the end of the Coverage Period after receiving Services, you will be responsible for either the costs incurred by us or the remaining balance due for that Coverage Period, whichever is less. The cancellation will take effect immediately after the month in which the Plan is canceled. In the event of cancellation by either party, we may remove any Products from your Covered System.

9. Notification of Relocation

You agree to inform us at least 15 days in advance in writing if you plan to relocate.

10. Handling Unavailable Parts or Non-Repairable Equipment

In accordance with Section 14, this Agreement does not cover the complete replacement of Equipment. We will strive to source a replacement part or a suitable alternative as swiftly and reasonably as possible to repair your Equipment. Should you require expedited shipping for parts, this can be arranged at your own expense. Please be aware that occasionally, the limited availability of certain parts may lead to delays. Under this Agreement, your primary recourse is reimbursement for the lesser cost of either the required repair or replacement, with our liability capped at $5,000 per Covered System or $15,000 in total during the Coverage Period, subject to all limitations and exclusions of this Agreement. If we are unable to repair your Equipment due to obsolete or unavailable parts, or if the cost of obtaining such parts is not commercially reasonable, we are not obligated to provide a replacement. In such cases, you may choose to terminate this Agreement following the guidelines in Section 8.B. and 8.C. If no Services have been provided within the current Coverage Period, we will refund the payments made for that year. However, if Services have been rendered, no refund will be issued, but you may still opt to terminate. Upon request, we can offer a quote for the replacement and installation of new Equipment at a discounted rate.

11. Warranty and Liability

Should any parts or labor provided under this Agreement fail within 90 days following the original repair date, we will undertake the necessary repairs of the failed parts and/or labor. It's important to note that not all problems can be diagnosed and resolved in a single service visit, and we are not liable for any loss or damage resulting from misdiagnosis or delays in completing repairs. Regarding the Products, to the fullest extent allowed by law, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, title, or non-infringement. This Agreement grants you specific legal rights, and you may have other rights that vary from state to state. Except in cases of force majeure or as otherwise stated, our liability is limited to direct actual damages. Any implied warranties are limited to 90 days from the service call date. Some jurisdictions do not permit limitations on the duration of an implied warranty, so the above limitations may not apply to you. Under no circumstances, including but not limited to infringement of third-party intellectual property rights, shall we be liable for any lost profits, lost opportunities, or any indirect, special, consequential, incidental, economic, punitive, or exemplary damages, regardless of whether the possibility of such damages has been communicated. Our total cumulative liability related to the Products and Services, whether in contract, tort, or otherwise, shall not exceed the fees you have paid for the Products and Services in the twelve months preceding the claim. We are not liable for any decisions or reliance on usage data or your information. All parts replaced during Services become our property, and you agree to transfer to us any assignable warranties from manufacturers or suppliers of such parts.

12. Your Obligations Regarding the Product

If the Product is available at your Eligible Facility and you consent to its installation, you are required to:

Use the Product following all provided documentation, instructions, and information.
Allow the installation of any updates, fixes, or upgrades we reasonably request.
Promptly inform us of any emergency issues related to the Product.
Avoid creating or allowing any conditions that could hinder the Product's intended operation.
Permit us to inspect, repair, or replace the Product after giving reasonable notice and agreeing on a suitable time.
Refrain from modifying, improving, revising, or adding to the Product without our express written permission.

You are prohibited from:

Altering, translating, adapting, creating derivative works from, decompiling, disassembling, decrypting, extracting, reverse engineering, or reassembling the Product or any of its parts.

Connecting the Product to other software or systems without our written approval.

Making any representations to third parties about your approval or disapproval of the Product.

Removing or altering any proprietary notices or product identification on the Product.

Using TOP HVAC's or any affiliated party's name, trade names, trademarks, or accessing the Product'ssource code.

Using the Product in any manner that infringes upon or violates the intellectual property rights or other rights of third parties.

13. Handling of Personal Information

In this section, "We," "Us," and "Our" also include any parent company, subsidiary, affiliate, or brand we operate under, such as Direct Energy. Personally Identifiable Information (PII) encompasses data shared with us, collected on the Enrollment Form, during the Coverage Period, or by third parties on our behalf. This includes, but is not limited to, your name, address, email, and phone number. By being a customer, using our products and services, or submitting your PII to us or third parties working for us, you consent to the terms here and the handling of your PII as per our privacy policy. To limit or opt-out of our use of your PII, or its sharing with third parties, you can make a request in writing to our Privacy Officer at the provided address or email. You also have the option to opt-out of marketing communications as outlined in our Privacy Policy or as indicated in our marketing materials. If you agree to the Product's installation, you consent to our use of any raw data related to your HVAC system and electrical usage ("Usage Data") for service improvement or marketing, in line with applicable laws. We, or a designated third party, have the right to create and use Analytic Data derived from Usage Data for various purposes without notifying or owing you, provided it doesn't reveal your identity. You agree to adhere to the end-user, privacy, and other policies of our designated third party, as well as TOP HVAC’s privacy policy, throughout the Agreement's term.

14. Coverage Details

This section outlines the coverage provided for your Equipment, which varies based on the Plan you selected on your Enrollment Form, as detailed in your Order Confirmation. The specific Plan you have chosen is listed in the Order Confirmation. Below are the coverages for each Plan, though your Plan may not encompass all the listed coverages. Please refer to your Order Confirmation to verify your selected Plan. TOP HVAC ESSENTIAL BASIC

All-Inclusive Parts & Labor Coverage for Your Heating and Cooling Systems
$1,000 Loyalty Bonus for System Upgrade
Expedited Priority Service
No Diagnostic Fee

TOP HVAC ESSENTIAL Premium

Full Coverage for Parts & Labor on Your Heating and Cooling Systems
$1,500 Loyalty Incentive for System Upgrade
Annual Ultimate Tune-Up and Safety Check
Includes Installation of Customer-Provided Furnace Filters
Expedited Priority Service
No Cost for Diagnostics

TOP HVAC ESSENTIAL Premium Plus

Biannual Ultimate Tune-Ups and Safety Evaluations
$2,000 Loyalty Bonus for System Replacement
Priority Access to Services
Extensive Parts & Labor Coverage for Your Furnace and Air Conditioner
Replacement of Furnace Filters Provided by the Customer Included
No Charge for Diagnostic Assessments

Additional Benefits Across All Plans:

TOP HVAC Essentials Offers Parts, Labor, and Maintenance
Zero Deductible for Services
Unlimited Service Visits
Up to $1,000 Credit for a New Heating & Cooling System Based on Your Plan
Priority Booking for Appointments
Extensive Coverage for Eligible Repairs
No Extra Charges for Overtime
Easy Online Appointment Booking

Please note that maintenance-related repairs are not covered under the Essential HomeCare Basic Plan. If a repair is not covered, a discounted repair offer will be made, and a trip/diagnostic fee may apply if the repair is declined. For all Plans, it is your responsibility to schedule maintenance and performance inspections within the one-year term. Unused inspections will not carry over past the expiration of the Agreement.

15. Coverage Exclusions

The Plan does not cover Equipment that:

Has pre-existing design flaws, has been misused, tampered with, or damaged due to environmental factors like freezing weather, subsidence, fire, lightning, explosions, earthquakes, floods, storms, acts of war, or other insurable risks, including accidental or deliberate damage from vandalism or theft.
Includes boilers, conversion burners, equipment using conversion burners, ductless wall units, units over 5 tons, geothermal unit loops, high-velocity units, natural gas-powered air conditioners, oil or steam units, and water-cooled units.
Cannot be accessed by our Authorized Repair Technician due to the presence of animals, insects, unsafe conditions, inaccessibility, or location outside the permanent foundation of the Eligible Facility (except for heat pumps and central air conditioning units). Parts not covered under the Plan include, but are not limited to.
Air and fuel filters, backflow check valves, batteries, condensate pumps, dehumidifiers, disconnects, drain lines, ductwork and grills, energy recovery ventilation systems.
External venting and associated parts, external drain tubing, external wiring, firebox/combustionchamber, heat exchanger flushing, fuses and circuit breakers, heat recovery units, humidifiers, humidistats.
Low and high-water cut-off valves, nitrogen isolation tests for refrigerant leaks, surge protection devices, UV sterilization systems, zone thermostats/controls, energy management controls, zoning and air cleaners, and any parts added to accommodate ancillary equipment.

The Plan also excludes:

Equipment or components not explicitly listed in this Agreement.
Costs for diagnosis or labor if the issue is due to improper thermostat settings, an extinguished pilot light, a blown fuse, or if the Equipment has been turned off.
Loss or damage to personal property caused by Equipment failure or failure of any electrical, plumbing, or drain system.
Damage to condenser coils from external sources.
Service for Equipment issues caused by system inadequacy, lack of capacity, improper installation, previously repaired defects, design issues, or unauthorized modifications.
Services following our advice that certain repairs are needed to keep your Equipment in good working order.
Electronic, computerized, or energy management systems like “Smart House”.
Service for loss or damage from causes other than normal usage.
Damage from chemical or sedimentary build-up, misuse, abuse, unauthorized repairs, failure to maintain the Equipment, rust, corrosion, insect infestation, mold, mildew, bacterial manifestations, missing parts, structural changes, natural disasters, theft, negligence, intentional acts, or failure due to excessive water pressure.
Upgrades or costs for construction, carpentry, or other modifications needed to access or install Equipment.
Replacement or restoration of wall coverings, drywall, plaster, paint, floor coverings, tile, cabinetry, countertops, landscaping, or repairs of structural or cosmetic defects resulting from Services.
Preventative maintenance unless included in your selected Plan.
Consumable items like filters and fuses.
R-410A Refrigerant, unless required for part replacement.

All service work under the Plan, including parts and labor, must be performed by an Authorized Repair Technician. We will not reimburse services performed by anyone not authorized by us.

16. Building and Zoning Code Compliance

If the Authorized Repair Technician identifies any violations of current building or other codes before or during service, work will be halted until you complete the necessary corrective actions at your expense. Should a permit be required for the Services, you will be responsible for the cost of obtaining it. We will not perform Services if the necessary permits are not acquired.

17. Hazardous Materials

Our Services do not include identifying, detecting, abating, encapsulating, or removing hazardous substances such as asbestos, radon gas, mold, or materials containing these elements. If hazardous materials are encountered during service, our Technician is not obliged to continue work until these materials are safely managed or removed, or it is confirmed that no hazard exists. We are not responsible for arranging or liable for any issues related to the presence, detection, or contamination by hazardous materials.

18. Proprietary Rights

You acknowledge that all intellectual property rights related to the Products, including patents, copyrights, trade secrets, trademarks, and other proprietary rights, are owned by us, our designated third parties, or licensors. Your use of the Products does not grant you or any third party any rights, title, or interest in these intellectual properties. We, along with any designated parties and licensors, retain all rights not explicitly granted in this Agreement.

19. Miscellaneous Provisions

A. This Agreement is governed by Texas law, excluding its conflict of laws principles. Disputes will be resolved in the trial courts of Dallas County, Texas, with any jurisdiction or venue objections waived.
B. Disputes arising from this Agreement should first be attempted to be resolved through mediation before litigation. Mediation costs will be shared equally.
C. This Agreement, including the Order Confirmation, constitutes the entire agreement between us. No other representations or inducements, verbal or written, are binding.
D. We may assign this Agreement or any rights and obligations without your consent, as permitted by law. Upon such assignment, we have no further obligations under this Agreement. You cannot assign this Agreement without our written consent.
E. Our actions or inactions do not waive any rights under this Agreement.
F. We will make reasonable efforts to fulfill our obligations. However, we are not liable for damages caused by Force Majeure Events beyond our control, including natural disasters, governmental acts, pandemics, and other major events.
G. Notify the Administrator immediately upon discovering a problem. The Administrator is available 24/7 for service requests.
H. You are responsible for paying the Trade Call Fee, as listed on your Enrollment Form, or the actual service costs, whichever is less, unless exempted by your Plan. The Fee is due upon the Technician's arrival. This Agreement does not require any deductible beyond the Trade Call Fee. The Fee applies to each service visit, including those where coverage is excluded or denied. Non-payment of the Fee will result in suspension of coverage, which will be reinstated upon payment.
I. Gas Leak Protocol - If you detect the smell of gas or suspect a gas leak, immediately vacate the premises and contact your gas company from a safe location outside the building.

Contacting Us and Providing Additional Documentation

For service scheduling, please reach out to the Administrator using the contact details provided in your Order Confirmation. Have your name, the address of the Eligible Facility, and the make and model number of your Equipment ready when making contact. The Administrator may also request copies of any visual or mechanical tests conducted by a home inspector or licensed mechanical contractor. If such inspections have been performed, please ensure all relevant information is available for the Authorized Repair Technician.

Notices for Termination, Cancellation, or Non-Renewal

To notify us of termination, cancellation, or non-renewal, or for any inquiries other than service requests, please use the contact information provided:

State-Specific Notices for Texas Residents:

Under Section 8(b), you may cancel this Agreement at any time by sending written notice to the address in the “How To Contact Us” section. If cancellation occurs within the first 30 days of the Coverage Period, there are no further obligations. If cancellation happens after the 30th day, you are required to pay an administrative fee of $50.00 or the maximum amount permitted by law. This also applies if you cancel due to moving outside our service area.

MAIL EMAIL PHONE

TOP HVAC Attention: Contract
Administrator 1438 Crescent Dr. Suite
201. Carrollton, TX, 75006 customersupport@tophvac.net 1-86
6-49
8-89
An amendment to Section 8(a) includes a penalty of 10% per month on any refund owed to you by us, which is not paid or credited within 45 days of receiving the returned service Agreement.
For unresolved complaints or questions about service contract regulations in Texas, contact the Texas Department of Licensing and Regulation at P.O. Box 12157, Austin, Texas 78711, or call (512) 463-6599 or (800) 803-9202.