TERMS OF SERVICE
1. These Terms of Service, along with the Customer Enrollment Form, constitute the plan holder’s (you, your) Membership plan (Agreement) with
Mark Gillece Plumbing & Heating, LLC dba Mark Allen Plumbing, Heating, & Cooling, (Mark Allen). If you have any questions, please contact
Mark Allen at (412) 833-6304.
2. You can call Mark Allen during regular business hours at (412) 833-6304 to schedule an appointment for a technician to come to the Service
Address on your Customer Enrollment Form (Address). Technicians must have safe and clear access to, and safe working conditions at and
around, the work area.
3. This Agreement covers only the equipment listed on the Customer Enrollment Form (Equipment) at the Address. Oil-based heating systems
are ineligible for this Agreement.
4. You will receive a 10% discount on all parts and any repair work (Repair(s)) performed on your Equipment.
5. This Agreement includes 2 HVAC maintenance visits (1 for your heating system and 1 for your cooling system) and 1 plumbing inspection per
year of your Term for your Equipment (collectively, Tune-Up(s)). This Agreement also includes priority service over customers without an
Agreement. Your Equipment must be performing its fundamental operation(s) in normal service for all points of the Tune-Up to be provided.
A. An HVAC Tune-Up includes checking the following (as applicable to your Equipment):
• Air filtration
• Lubrication (as needed)
• Blower compartment
• Flame sensor
• Burner assembly
• Heat exchanger(s)
• Electrical connections
• Gas leaks
• Safeties
• Drain(s)
• Condensate pump(s)
• Thermostat(s)
• Pressure switch(es)
• Temperature rise
• Gas pressure
• Blower motor amps and amp draw
• Inducer motor amp draw
• Igniter ohms
• Evaporator coil(s)
• Fan blade(s)
• Condenser coil(s)
• Contactor(s)
• Capacitor(s)
• Defrost control(s)
• Emergency heat
• Compressor amps
• Condenser fan amps
B. A Plumbing Tune-Up includes the following (as applicable to your Equipment):
• Check house water pressure
• Visual leak inspection of water lines
• Check water shut-offs
• Gas leak inspection
• Check Gas shut-off valves
• Check toilet(s)
• Check washing machine hoses
• Check faucets
• Check sink drains
• Set hot water temperature
• Check expansion tank
• Test sump pump
• Check garbage disposal
• Check tub and shower fixture(s)
• Check for loose caulking around sink(s) and tub(s)
6. Repairs and Tune-ups will be performed during Mark Allen’s regular business hours, 8:00 A.M. to 4:00 P.M., Monday through Friday, subject
to closures for holidays. Emergency services outside of these hours may be provided for an additional fee.
7. This Agreement covers only the items listed in sections 4 and 5, above.
8. The price for this Agreement (Price) and how you pay is specified on the Customer Enrollment Form.
9. This Agreement begins on the start date listed on your Customer Enrollment Form (Start Date) and continues for twelve (12) months (Term)
unless you cancel or fail to pay the Price.
10. Repairs performed under this Agreement are guaranteed: (1) against defects in workmanship for 1 year; and (2) against defects in materials
for 1 year; or in accordance with any applicable manufacturer’s warranty (Repair Guarantee).
11. Mark Allen reserves the right to reject this Agreement if, on inspection, your Equipment is found to be unsafe or in such condition that service
would be unsatisfactory to either you or Mark Allen. If at any point in Mark Allen’s sole discretion, your Equipment is not economically repairable
Mark Allen will provide you with a quote for replacement of your Equipment. Until your Equipment has been replaced no further work for that
Equipment will be provided to you under this Agreement.
12. You may cancel at any time by calling Mark Allen at (412) 833-6304. If you cancel within 30 days of your Start Date, you will receive a full
refund, less the cost of any Tune-Ups or discounts on Repairs provided. If you cancel more than 30 days after the Start Date, you will receive
a pro rata refund, less the cost of any Tune-Ups or discounts on Repairs provided. Mark Allen may cancel this Agreement (a) for non-payment
of the Price; or (b) for Your fraud or misrepresentation of facts that are material to this Agreement or benefits provided under it.
13. Mark Allen will provide you by mail with a renewal notice, and your option to cancel such renewal, not earlier than 20 days and not later than
10 days prior to the date of any such renewal. Unless you tell Mark Allen otherwise, your Agreement will automatically renew at the end
of every Term at the then-current renewal price. Mark Allen may change the price at renewal. Mark Allen reserves the right to not offer this
Agreement upon renewal.
14. Mark Allen reserves the right to refuse service under this Agreement should you threaten or be verbally or physically abusive or offensive
towards Mark Allen or any of Mark Allen’s personnel. If you miss a payment of the Price, you will not be able to use this Agreement, including
requesting a Tune-Up, until payment is made.
15. Mark Allen is serious about the private nature of your personal data. Please read Mark Allen’s Privacy Policy, a link to which can be found at
the bottom of every page at https://markallenplumbing.com, carefully to fully understand how Mark Allen collects, shares, and protects personal
data about you. You can also call Mark Allen to request a copy.
16. If you move to a new home, please contact Mark Allen as soon as possible to discuss your options to transfer this Agreement.
17. Mark Allen may assign this Agreement, in whole or in part, at any time without prior notice to you. Mark Allen may change this Agreement
(including the Price or to charge an additional fee) and delegate any of Mark Allen’s obligations at Mark Allen’s sole discretion and without your
consent provided Mark Allen gives you 30 days’ prior written notice of the changes. The changes will become effective 30 days after Mark
Allen sends you the notice. If you do not like the changes, you may cancel this Agreement.
18. Mark Allen maintains insurance required by statute. Proof of insurance available on request.
19. To the fullest extent permitted by applicable law, (1) you agree that Mark Allen and Mark Allen’s owners, successors, affiliates,
technicians and their officers, directors, managers, employees, affiliates, agents, contractors or similar parties acting on behalf of
Mark Allen shall not be liable to you or anyone else for: (a) any actual losses or direct damages that exceed the amount you paid for
the work under this Agreement relating to any repairs performed by Mark Allen or on behalf of Mark Allen or services provided under
this Agreement giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or
consequential losses or damages, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution
in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any repairs performed by
Mark Allen or on behalf of Mark Allen or services provided under this Agreement, regardless of whether such damages were
foreseeable and whether or not Mark Allen or anyone acting on behalf of Mark Allen have been advised of the possibility of such
damages (the damages listed in clauses (a) and (b), collectively the “Excluded Damages”); and (2) these limitations and waivers
shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Agreement. You may have other
rights that vary from state to state.
20. Should any of these terms and conditions conflict with the laws of your state they shall be considered amended to comply with those laws.
PA HIC License #010408
To get information on contractor licensing, you may contact the Pennsylvania Attorney General’s office at 1-888-520-6680.
ARBITRATION:
YOU, MARK ALLEN, AND ITS PARENT COMPANY, HOMESERVE HVAC LLC, AND TOGETHER WITH ITS
AFFILIATES (COLLECTIVELY, “HOMESERVE”) ALL AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION
as follows:
A. ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT OR FROM ANY OTHER
AGREEMENT BETWEEN YOU AND MARK ALLEN, OR SERVICES YOU RECEIVE OR CLAIM TO BE
OWED FROM MARK ALLEN OR HOMESERVE, WILL BE RESOLVED BY ARBITRATION ON AN
INDIVIDUAL BASIS. THIS ARBITRATION AGREEMENT APPLIES TO DISPUTES NO MATTER WHEN
THEY AROSE, INCLUDING CLAIMS THAT AROSE BEFORE YOU AND MARK ALLEN ENTERED INTO
THIS AGREEMENT. THIS ARBITRATION AGREEMENT ALSO APPLIES TO DISPUTES INVOLVING THE
OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, INSURERS,
TECHNICIANS, SUCCESSORS OR ASSIGNS OF MARK ALLEN OR HOMESERVE. IN ADDITION, THIS
ARBITRATION AGREEMENT COVERS ANY CLAIMS OR CAUSES OF ACTION AGAINST MARK ALLEN
OR HOMESERVE THAT YOU MAY ASSIGN OR SUBROGATE TO AN INSURER. THE AMERICAN
ARBITRATION ASSOCIATION (“AAA”) WILL ADMINISTER THE ARBITRATION UNDER ITS CONSUMER
ARBITRATION RULES. THE FEDERAL ARBITRATION ACT APPLIES. UNLESS YOU AND MARK ALLEN
AGREE OTHERWISE, ANY ARBITRATION HEARINGS WILL TAKE PLACE IN THE COUNTY WHERE
YOUR HOME IS LOCATED.
B. ANY PARTY BRINGING A CLAIM MAY CHOOSE TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS
COURT INSTEAD OF ARBITRATION, SO LONG AS THE CLAIM IS PURSUED ON AN INDIVIDUAL
RATHER THAN A CLASS-WIDE BASIS.
C. THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS.
BY ENTERING INTO THIS AGREEMENT, ALL PARTIES ARE WAIVING THEIR RESPECTIVE RIGHTS TO
PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. THE PARTIES AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY
GENERAL PROCEEDING. YOU MAY BRING A CLAIM ONLY ON YOUR OWN BEHALF AND CANNOT
SEEK RELIEF THAT WOULD AFFECT OTHER PARTIES.
D. MARK ALLEN WILL PAY ANY FILING FEE, ADMINISTRATION, SERVICE OR CASE MANAGEMENT FEE,
AND ARBITRATOR FEE THAT THE AAA CHARGES YOU FOR ARBITRATION OF THE DISPUTE.