Document 6439453

THE A/C RUNSMARTSM MAINTENANCE SERVICE AGREEMENT PLAN COVERAGE SUMMARY
Covered Property:
«Street Address Line 1»
«City», State» «Zip»
Contract Number:
«00000000»
# Units Covered:
«0»
Plan Fees:
«$0»
Effective Date:
«00/00/0000»
Expiration Date:
«00/00/0000»
ISSUING ENTITY: HOMESURE SERVICES, INC.
Plan Holder Name:
«First Name» «Last Name»
«Street Address Line 1»
«Street Address Line 2»
«City», «State» «Zip»
State/Other Specifics:
TERMS AND CONDITIONS OF THE A/C RUNSMARTSM PROGRAM
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This is not an insurance policy or a contract of insurance. Certain items and events are not covered by this contract. Please refer to section “II. Definition of Coverage”,
in the A/C RunSmartSM Maintenance Service Agreement Plan for details. The A/C RunSmartSM Service Agreement Plan, a/k/a “The A/C RunSmart Program”, is issued
by HomeSure Services, Inc. (“HomeSure”) with services provided by independent contractors/service providers (“Service Providers”), hired by Cross Country Home
Services, Inc. (“CCHS”), an affiliated entity with HomeSure.
THIS AGREEMENT IS SUBJECT TO CONDITIONS AND PROVISIONS SET FORTH IN THIS AGREEMENT COVERAGE SUMMARY AND THESE TERMS AND
CONDITIONS. PLEASE READ FOR A DETAILED EXPLANATION OF COVERAGE PROVIDED.
FOR SERVICE OR QUESTIONS UNDER THIS PLAN, PLEASE CALL TOLL-FREE: 1.877.710.5092
Although the Plan Fees will be charged to you on your electricity utility bill from Florida Power & Light Company (“FPL”), these services are not provided by FPL. The A/C RunSmart Program (“Program”) services are offered and
administered by Cross Country Home Services, Inc. (“CCHS”) together with HomeSure of America, Inc. (“HomeSure”), with services provided by independent contractors of CCHS, together with HomeSure. CCHS and HomeSure
are solely responsible for (i) administering and providing the Program services, (ii) supervising and managing its independent contractors, and (iii) all issues, claims, and disputes relating to the Program services. Neither FPL Energy
Services, Inc. (“FPLES”) nor Florida Power & Light Company (“FPL”) are responsible for any claims or disputes relating to the Program services nor do they provide any type of guarantee or warranty, express or implied, as to these
Program services. By signing up for the Program you agree: to release FPLES and FPL from and against any losses, damages or liabilities of any kind resulting or arising from your participation in this Program; and to authorize the
6 monthly fee for the Program you selected to be placed on your FPL bill. You acknowledge that participation is voluntary, you can cancel at any time and this fee will be discontinued.
A/C RunSmart SM Maintenance Service Agreement Plan
This Maintenance Service Agreement Plan, hereinafter referred to as the “Agreement”, is issued by the entity listed for your state on the
Coverage Summary. Such entity is hereinafter referred to as the “Issuing Entity”, or “we”, “us”, and/or “our”. The Participant covered by this
Agreement is hereinafter referred to as “you” and/or “your”. This is a Maintenance Service Agreement, not an insurance policy.
This Agreement is intended to provide one (1) in-home maintenance service visit for each of the Central Air Conditioning Systems covered
by your plan (see Coverage Summary), hereinafter referred to as a “Maintenance Service Call”, per the Agreement term. The Coverage
Summary is attached to and made a part of this Agreement. Coverage is subject to the limitations and conditions specified
in this Agreement.
I. TERMS AND CONDITIONS
PREVENTATIVE MAINTENANCE SERVICES
1. Under the terms of this Agreement you may receive one (1) Maintenance Service Call which will service each covered Central Air Conditioning
System in your plan as indicated in your Coverage Summary. You may schedule only one Maintenance Service Call per Agreement term. No
refund will be given if you fail to schedule a Maintenance Service Call during the Agreement term.
2. When you call with a Maintenance Service Call request, we will use commercially reasonable efforts to assign a Service Provider to you
within two (2) hours after the service request is received. In the event conditions such as, but not limited to inclement weather, prevents one
of our Service Providers from servicing your Central Air Conditioning System(s) during your Agreement term, you will be entitled to “make up”
your Maintenance Service Call. You are solely responsible to call us to schedule your “make-up” Maintenance Service Call within 30 days after
the Agreement has expired.
3. This Agreement covers only the labor costs (except where indicated otherwise within this Agreement) resulting from performing a specific
set of Maintenance Service Tasks on the Central Air Conditioning System(s) in your home as listed on your Coverage Summary. Maintenance
Service Tasks are defined as the services performed under the Definition of Coverage: Maintenance Services as set forth in this Agreement.
4. We have the sole authority to select Service Providers. The Maintenance Service Call performed under this Agreement must be performed
by the Service Provider that we refer to you. We are not responsible for any expenses you incur without our express consent or any costs
associated with unauthorized work performed by any Service Provider and/or others whether or not selected by us.
5. We are not responsible for any costs for services you may elect outside of the Maintenance Services covered by this Agreement as set forth
under ‘Maintenance Services’.
6. The Maintenance Service Tasks authorized to be performed during the Maintenance Service Call are specific preventative maintenance
tasks intended to help prevent your Central Air Conditioning System from failing and to keep it running properly. However, preventative
maintenance cannot guarantee this outcome since systems are by their very nature subject to failure and to poor performance without warning
despite efforts to the contrary. Therefore we make no warranty that a specific Maintenance Service Call will prevent system failure or will
ensure efficient operation. We shall not be liable to you for damages, losses or any other claim resulting from such system failures.
7. We reserve the right to alter, amend, exchange, add or eliminate, at any time and at our sole discretion the specific set of Maintenance
Service Tasks performed during a Maintenance Service Call.
II. DEFINITION OF COVERAGE: MAINTENANCE SERVICES
1. Central Air Conditioning System:
We cover services to each Air Conditioning System covered by your selected plan. Maintenance Services Tasks include the following;
• Check and clear the primary and secondary condensate lines and pans
• Visual inspection of the evaporator coil
• Inspect condenser coil
• Take operating pressure measurements to determine Freon levels
• Cycle system and measure temperature rise and drop of A/C
• Adjust belts and pulleys if necessary
• Lubricate motors and oil accessible moving parts
• Replace air filter if supplied by customer
• Inspect wiring connections in A/C unit
• Measure amp draw of evaporator motor
• Measure amp draw and voltage of condenser motor
• Measure amp draw of compressor
• Test thermostat operation
• Clean up surrounding area at completion of the work
• Verify condenser unit is anchored to the outdoor pad properly
• Verify condenser unit is properly level on outdoor pad
• Visually inspect disconnect for signs of wear
• Visually inspect electrical whip for signs of wear
• Visually inspect accumulator for signs of wear (if applicable)
• Review tune-up results with customer
III. LIMITS OF LIABILITY AND OTHER CONDITIONS
1. LIMITS OF LIABILITY. This Agreement does not cover, and we shall not be liable for, any costs associated with the repair or replacement
of systems or their components that have failed, that are damaged but have not yet failed, or that may fail based upon the professional opinion
of the Service Provider we refer to you, or any other independent service contractor. Accordingly, we are not responsible for loss or
damage arising from, or connected to, the provision by a Service Provider of any services that are beyond the scope of the Maintenance
Service Tasks listed in Article II: Definition of Coverage: Maintenance Services.
2. Term. This Agreement commences on the effective date specified on the Coverage Summary. This Agreement expires 360 days
from the Agreement effective date, unless renewed.
3. Renewal. This Agreement will automatically renew at the option of the Issuing Entity and for successive like terms, unless cancelled
by you or us in accordance with the cancellation provisions. You will be notified of any rate and/or coverage changes not less than thirty
(30) days prior to the expiration of the initial term or any subsequent renewal term.
4. TERMINATION AND VOIDABILITY. We may terminate this Agreement immediately for fraud or material misrepresentation. If
we terminate for fraud or material misrepresentation, this Agreement is void and we shall refund any funds collected if we have
not performed a Maintenance Service Call. If a Maintenance Service Call has been performed, we will follow normal cancellation
procedures as outlined in the following Cancellation section.
5. Cancellation. You may cancel this Agreement, at anytime, by providing notice to the Issuing Entity pursuant to Section 12. The
effective date of cancellation shall be the date processed by us, provided that we will not process your cancellation more than five (5)
business days after we receive your notice of the cancellation. You will not receive any additional monthly charges for Maintenance
Services after we process your notice of cancellation. If you have already received an annual Maintenance Services Call for the
applicable Term and the total amount of Plan Fees paid by you during that Term, upon cancellation, are less than $50, then cancellation
of this Agreement is subject to a cancellation fee equal to $50 less the total amount of Plan Fees paid by you. We will bill or charge
you, for any amount owed to us, through any collection mechanism available to us and of our choosing. In addition to the termination
rights of Section III(4) above, we may cancel this Agreement (i) after sixty (60) days of nonpayment of any Plan Fees, or (ii) at our sole
discretion upon sixty (60) days written notice to You. You will not receive any additional monthly charges for Maintenance Services after
the effective date of any cancellation.
6. Transferability. In the event of assignment or transfer of title of the covered property, this Agreement may be assigned and/or
transferred at our option, when the applicable fee has been paid.
7. Assignment. We may assign our rights or delegate our duties or obligations under this Agreement.
8. Waiver. Should we waive any of our contractual rights; such waiver will not constitute a future waiver of said rights.
9. Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof
and supersedes all prior agreements and understandings, if any, between you and us relating to the subject matter of this Agreement.
10. Disclosure. The price of the Agreement includes the full amount of all fees due and payable as well as the costs of processing
and administration for the Issuing Entity and its agents. Any applicable state or local sales taxes are in addition to the price of the
Agreement.
11. Issuing Entity. The A/C RunSmart Home Maintenance Service Plan is issued by HomeSure of America, Inc.; Services are
provided by Service Providers, but Issuing Company is ultimately responsible for fulfilling all of the obligations set forth in this
Agreement, specifically including the Maintenance Service Tasks listed in Article II: Definition of Coverage: Maintenance Services.
12. Corporate/Administrative Office. Our administrative office can be reached at P.O. Box 550247, Ft. Lauderdale, FL 33355.
The Issuing Entity’s telephone number is 877-529-2588.
13. Governing Law. This Agreement shall be governed in all respects by and construed in accordance with the laws of the State of
Florida without regard to conflicts of law principles. Any action under law, suit in equity or other proceeding against any party with
respect to any term or provision of this Agreement or in connection with any of the services contemplated by this Agreement shall be
brought and maintained in the federal or state courts of Florida.
14. Disclaimer. Although the Plan Fees will be charged to you on your electricity utility bill from Florida Power & Light Company
(“FPL”), these services are not provided by FPL. The A/C RunSmart Program (“Program”) services are offered and administered
by Cross Country Home Services, Inc. (“CCHS”) together with HomeSure of America, Inc. (“HomeSure”), with services provided by
independent contractors of CCHS. CCHS and HomeSure are solely responsible for (i) administering and providing the Program services,
(ii) supervising and managing its independent contractors, and (iii) all issues, claims, and disputes relating to the Program services.
Neither FPL, its parent company, nor any of their affiliates or subsidiaries (collectively “FPL Entities”) are responsible for any claims or
disputes relating to the Program services nor do they provide any type of guarantee or warranty, express or implied, as to these Program
services. By signing up for the Program I agree: to release FPL Entities from and against any losses, damages or liabilities of any kind
resulting or arising from my participation in this Program; and to authorize the monthly fee for the Program I selected to be placed on
my FPL bill. I acknowledge that participation is voluntary, I can cancel at any time and this fee will be discontinued.
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