Donovan360 Memberships

This Plan constitutes a maintenance Plan for HVAC systems and is not an insurance policy, extended warranty, or service contract. This Agreement is between the Seller and the Purchaser and provides for certain inspections and maintenance services for the Purchaser at the residence listed on this contract (Plan residence) for the number of HVAC units listed on this Plan as indicated herein.

I. Plan Period:

A. The Annual Plan starts at 12:01 a.m. local time on the effective date identified on front of the Plan and extends until written notification to cancel Plan is received from Buyer. See section III.B.

B. The Monthly Plan starts at 12:01 am local time on the effective date identified on the front of the Plan and extends until written notification to cancel Plan is received from Buyer. See section III.A.

II. We will provide the following benefits to the Purchaser, at the address listed, during the term of this Agreement depending on which Plan or Plans have been purchased:

A. We will perform semi-annual performance inspections for the HVAC Plan on each of the Purchaser’s equipment covered under this Plan for each 12-month period during the term of this Plan. Performance inspections will include (to the extent applicable and to the extent the components of the Purchaser’s equipment are accessible) those services indicated in this contract of this Plan respective to the Plan option selected.

B. The Purchaser must contact Us to schedule a Donovan360 inspection. These performance inspections will only be scheduled to be completed during the term of this Plan and during normal business hours. We will make three attempts to contact you to remind you to schedule your Performance Maintenance Inspections. However, it is the Purchaser’s responsibility to schedule. Any unused inspections will be forfeited three months after the scheduled date of the inspection.

C. We will provide the Purchaser with a fifteen percent (15%) discount, (up to $250.00 per job/project) for repairs performed by our company at the residence listed on this Plan for any HVAC, Plumbing or Electrical service. Our usual customary repair rates are indicated in Our flat rate manuals (Donovan Pricebook). Additionally, we will provide plumbing and electrical maintenance as requested according to the discount schedule listed in the benefits section at the top of this document.

D. For any unscheduled repair service, we will make reasonable efforts to provide the Purchaser with priority service through preferential treatment in the scheduling of the Purchaser’s call for the residence listed on this Plan. You may contact us for emergency services 24 hours a day, seven days a week. Emergencies are situations that create substantial risk of injury to persons or substantial property damage.

E. During a complimentary HVAC drain clearing service, Donovan may recommend that the drain line be repaired or replaced. If such recommendations are not performed, future complimentary drain clearing services, as part of this agreement, will not be offered at this property.

III. Terms of Cancellations, Expiration & Transfers:

A. If the monthly payment plan is selected, the Plan will continue perpetually, and the monthly fee will continue to be charged until the Purchaser cancels the agreement. At least two payments must be made before the Plan is eligible for cancellation. If the Plan is cancelled within the first six months of activation, and the first inspection has been completed, the Purchaser will owe the cost of a $158 one-time cleaning minus the sum of monthly payments already collected. Cancellation requires either written notice of termination sent to the corporate office or simply call 904-241-3785. Charges will continue for one month after the notice of termination is received at the corporate office. Seller is not obligated to fulfill any uncompleted performance inspections provided by this Agreement and has no further performance obligation to Purchaser upon cancellation. The Seller is allowed, but not limited to, two weeks for termination processing. No other charges will be made, or refunds issued regardless of the amount of performance inspections that may or may not have been performed.

B. If the annual payment plan is selected, the Plan will continue perpetually until the Purchaser cancels the agreement. The annual fee will continue to be charged on the yearly anniversary of this contract until the Purchaser cancels the agreement. Cancellation requires either written notice of termination sent to the corporate office or simply call 904-241-3785. The Seller is allowed, but not limited to, two weeks for termination processing after the anniversary date. No other charges will be made, regardless of the amount of performance inspections that may or may not have been performed.

If the Purchaser cancels this agreement within the first thirty days following the effective date of this Plan, they will receive a refund of the initial payment made, less a $20 cancellation/processing fee. If the Purchaser cancels the agreement after the first thirty-day period of initial sign up or renewal, the payment amount to be refunded will be prorated based on the remaining months of the term of the agreement regardless of the amount of performance inspections that may or may not have been performed.

C. If the scheduled credit card payment is declined, this agreement will automatically be suspended. If the credit card information is not updated, and payment is not processed within 30 days, this agreement will be cancelled. Once the agreement is cancelled, no further service will be required to be rendered by Us under this Plan, regardless of the amount of performance inspections that may or may not have been performed.

IV. This Plan does not cover, and We will not be responsible for:

A. Any breakdown or failure of the equipment, or any failure to detect any defect in or malfunction of the equipment covered under this Plan.

B. Any parts or labor for any required repairs, except that if You have Us provide the required repairs on the equipment covered under this Plan during the term of this Plan, the repairs will be provided in accordance with the provisions in Section II. C, and II. D of this Plan.

C. Any consequential, secondary, or incidental damage or any bodily injury or property damage, regardless of cause.

V. Pricing options as set forth on the front of this agreement:

A. If the monthly payment plan is selected, the monthly fee will be $18.25 for the single HVAC System Plan. If you have more than one HVAC system, each additional system will incur an extra $10/month charge.

B. If the annual payment plan is selected, the annual cost will be $219 for the single HVAC system Plan. If you have more than one HVAC system, each additional system will incur an extra $120/year charge. Your annual billing will take place within the same month annually of your effective date.

C. It is the Purchaser’s responsibility to make sure that the credit card information that is on file with Donovan remains active and current. If the card expires or is replaced for whatever reason, contact us promptly at 904-241-3785 to update the record to avoid termination of the agreement as described in section III.

D. All pricing is subject to change with a 30-day notice to the member. If you have any questions, please call us at 904-241-3785.

To schedule service under this Donovan360 Membership, contact Donovan Air, Electric & Plumbing at 904-241-3785 or online at www.donovanac.com.