HOME THERAPIST COOLING, HEATING, AND PLUMBING
SERVICE AGREEMENT: TERMS AND CONDITIONS
The same Agreement is posted at https://callhometherapist.com/service-agreement/
Effective: October 28, 2026
This Service Agreement ("Agreement") is between the customer named on the estimate or invoice ("you") and The AC Therapist LLC, a Florida limited liability company doing business as Home Therapist Cooling, Heating, and Plumbing ("we," "us," or the "Company"). Our details: 1408 W Linebaugh Ave, Tampa, FL 33612. (813) 343-2212. service@callhometherapist.com. State-Certified Air Conditioning Contractor CAC1819196. State-Certified Plumbing Contractor CFC1431159. This Agreement takes effect when you approve an estimate or accept our services.
THIS AGREEMENT REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES AND WAIVES CLASS ACTIONS AND JURY TRIALS. SEE SECTION 30. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS.
1. DOCUMENTS THAT MAKE UP THIS AGREEMENT
This Agreement is made up of your approved estimate, including its line item descriptions and "Good to know" notes, together with these Terms. If they conflict, the approved estimate controls, then these Terms, then anything else. Ads, websites and verbal statements are not part of this Agreement. The Terms of Use on our website cover use of the website only and do not change this Agreement.
2. SCOPE OF WORK
We perform only the work listed on your approved estimate. Any other work is extra and is priced and approved before we do it.
3. ESTIMATES AND PRICES
- Estimates are based on the conditions we can see and reach at the time of the visit.
- Estimates are valid for 30 days from the estimate date.
- If you ask us to delay the work more than 60 days after approval, we may pass through manufacturer or supplier price increases. We show you the new price before we go ahead.
4. APPROVAL AND ELECTRONIC RECORDS
- You may approve an estimate in any of these ways: by electronic signature, by signing on our technician's device, in writing by text or email, or verbally on a recorded phone call. Calls are recorded, and you are told so at the start of the call.
- Each of these approval methods is binding.
- You agree to sign, receive and keep this Agreement, its notices and its invoices electronically.
5. AUTHORITY TO APPROVE
- The person who approves confirms they own the property or are authorized by the owner to approve the work, and that they are at least 18 years old.
- Tenants may not approve work for the owner unless the owner authorizes it in writing.
- When a property manager or agent approves, the owner and the manager or agent are both responsible for payment.
6. DEPOSITS AND SCHEDULE
- Jobs of $1,000 or more require a deposit of up to 50% before we order equipment or schedule the work.
- Deposits are applied first to non-returnable equipment, permit fees and supplier restocking fees.
- You agree that we will apply for any required permit within 30 days after receiving your deposit, and will start work within 90 days after the permit is issued or within 30 days after your equipment arrives, whichever is later.
- Supplier, manufacturer and permit office delays may move this schedule.
7. PAYMENT
- Payment is due upon completion of the work unless your estimate or invoice states another due date.
- Multi-day and multi-phase jobs are billed as work is completed, not when inspections pass. Each invoice is due within 3 days.
- On jobs that need a final inspection, you may hold back the amount stated on your estimate or invoice (usually 5 to 10 percent) until the final inspection passes. The hold-back is due when the inspection passes, or 30 days after we finish if the inspection has not happened for reasons outside our control.
- You may not withhold or delay payment for our completed work because of an inspection item outside our scope or a pre-existing condition.
- We accept cash, check, credit and debit card, bank transfer (ACH), Zelle to service@callhometherapist.com, and approved financing.
- We will never ask you to send payment to any other account, email or phone number. If anyone does, contact us before paying.
8. CARD ON FILE
- When you save a card, we show you what it may be charged for, and you agree to that separately.
- Deposits, approved work, approved changes and plan fees may be charged when due. For any other amount due under these Terms, such as cancellation charges, interest, collection costs or returned-payment fees, we send you an invoice first and charge the saved card if it is not paid within 7 days.
- You agree to contact us before disputing a charge with your bank.
- If a dispute is decided in our favor, the bank's dispute fees are added to your balance.
- You may update or remove a saved card at any time, but you remain responsible for any amounts owed.
9. LATE PAYMENT AND COLLECTION
- Balances more than 3 days past due accrue interest at 1.5% per month (18% per year) or the highest rate allowed by law, whichever is lower, until paid.
- Returned checks and payments are charged the service fee allowed by Section 68.065, Florida Statutes, plus any bank fees.
- If any payment is late, we may pause work, hold inspections, keep our lien rights under Florida law, and keep a security interest in the equipment we installed until it is paid in full.
- You agree to pay all costs of collection, including reasonable attorney's fees and collection agency fees, as allowed by law.
10. PERMITS AND INSPECTIONS
- Florida law requires permits for much of our work. We will not perform permitted work without a permit.
- We pull the permit as your agent and schedule the inspections. The permit fee is billed separately, as listed on your estimate.
- You agree to give the inspector access.
- Re-inspection fees caused by missed access, or by conditions outside our scope, are billed to you.
- We are responsible for correcting inspection items related to our work.
11. CHANGES AND HIDDEN CONDITIONS
- Our price does not include conditions we could not see or reach when we prepared the estimate. Examples: rot, mold, asbestos, lead, corroded or failing pipe, damaged or undersized ductwork, wiring problems, code violations in existing systems, and areas that are blocked or unreachable.
- If we find a hidden condition, we stop, show you, and give you a written price before continuing.
- Changes take effect when you approve them as described in Section 4.
- If you do not approve, you pay for the work done to that point, and we may close the work safely or leave it as found.
12. ACCESS, WORK AREA AND INCIDENTAL DAMAGE
- Some work requires cutting or opening drywall, ceilings, floors, slab, cabinets or landscaping. Patching, painting, finishes and landscaping repairs are not included unless your estimate lists them.
- Attic and crawlspace work may cause dust and debris, small ceiling cracks, nail pops or settled insulation, especially in older or weak ceilings. These are a normal result of the work and are not damage we are responsible for.
- You agree to clear and protect the work area and the furniture, belongings and electronics in it; provide working water and electricity; and keep pets and children away from the work area.
- We are not responsible for items left in the work area.
13. UNSAFE CONDITIONS
We may stop, delay or decline work without penalty to us if we find conditions that are unsafe for our staff or that need specialists. Examples: suspected asbestos, active mold, unsafe attics or structures, pests or aggressive animals, hazardous materials, threatening behavior, or code hazards outside our scope. Testing, abatement and remediation by others are not included.
14. PARTS AND EQUIPMENT YOU SUPPLY
- If you supply a part or equipment, it carries no warranty from us.
- Our workmanship warranty covers only our installation labor, for the term stated on your estimate.
- Return trips caused by a part that is wrong, defective or incomplete are billed at our price book rates.
- We are not responsible for damage caused by a part or equipment you supplied, or for claims with its maker or seller.
15. REMOVED EQUIPMENT
Removed equipment, parts, materials and refrigerant become our property, and we dispose of or recycle them properly. If you want to keep any of them, ask us in writing before work starts.
16. FINANCING
- Financing is offered through independent lenders and lease-purchase companies, which change from time to time. Your finance company is named in your own financing paperwork. We are not a party to your financing agreement and do not control its approval, terms or payments.
- This Agreement is not contingent on financing. You owe the full price whether or not your financing is approved or funded.
- If you chose financing and are not approved before work starts, you may cancel this Agreement and we will refund your deposit, less any non-returnable costs you approved.
- Questions about your loan or lease payments go to your finance company.
- Some options are lease-purchase agreements, not loans. Owning by leasing costs more than the cash price.
17. LIMITED WORKMANSHIP WARRANTY
- What is covered. We warrant our workmanship on the work we performed for the labor term stated on each line item of your estimate or invoice. Some terms are longer than 12 months and some are shorter. If a line item does not state a term, the term is 12 months from the date the work was completed. Equipment, parts and materials are covered only by their manufacturer's warranty.
- Extended labor coverage. When your estimate lists labor coverage longer than 12 months, the coverage after the first 12 months is provided through a manufacturer program or an independent warranty company that we buy on your behalf. We register it for you and help with claims. Its terms, which you receive with the registration, control that coverage.
- Conditions. This warranty applies only when all of the following are true: the job has been paid in full; you report the problem to us within 30 days of noticing it and give us reasonable access; the system has received the maintenance the manufacturer or we recommend, such as filter changes, drain line cleaning and coil cleaning; and no one other than us has worked on the parts we installed.
- Our remedy. We repair or redo our work, at our option, at no charge during the warranty term. This is your only remedy under this warranty. We do not pay for repairs made by another company unless we approve them in writing first.
- Manufacturer warranties. We register eligible equipment and file parts claims on your behalf. After our labor warranty ends, labor to replace a part covered by its manufacturer is billed at our price book rates. We are not responsible if a manufacturer denies or delays a claim.
- Leak repairs. We warrant the fitting or section we repaired. New leaks in other places are not covered. Older systems can develop new leaks, so the overall result of a refrigerant, gas or plumbing leak repair is not guaranteed unless your estimate states otherwise.
- Not covered: clogged drain lines, dirty coils and failed capacitors, unless the part was replaced by us and is within its warranty term; normal wear and tear, rust, corrosion and aging parts; lack of maintenance, misuse, or use beyond what the equipment is designed for; pre-existing conditions and existing ductwork, wiring, piping or venting that we did not replace; water quality, scale, sediment and debris; pests and rodents; power surges, lightning, storms, floods and other acts of nature; parts or equipment you supplied; accessories or changes we did not approve; systems improperly sized or installed by others.
- Implied warranties. To the extent the law allows, any implied warranties, including merchantability and fitness for a particular purpose, last only as long as this written warranty. Some laws do not allow limits on implied warranties, so this limit may not apply to you.
- Transfer. This warranty stays with the property but is not transferable to a new owner unless your estimate says otherwise.
- How to make a claim. Call (813) 343-2212 or email service@callhometherapist.com.
18. WHEN THE WARRANTY ENDS EARLY
Coverage ends for any job with an unpaid balance, until it is paid in full, and for any work that someone other than our employees or our approved subcontractors repairs, changes or tampers with.
19. YOUR RIGHT TO CANCEL WITHIN 3 BUSINESS DAYS
- If you agreed to this sale at your home, you may cancel until midnight of the third business day after you sign. Business days are every day except Sundays and federal holidays. See the Notice of Cancellation given with your estimate.
- If you cancel in that time, you owe nothing and we refund everything you paid within 10 business days.
- Because you may cancel in that time, we do not order special-order equipment or start the work until the 3 business days pass, unless you ask us to start sooner because of an emergency.
- This right does not apply to a repair or maintenance visit you asked us for. It does apply to any additional goods or services we sell you during that visit.
- Emergency start. If you need the work before the 3 business days pass, you may give up this right by writing, in your own handwriting, a dated and signed statement that describes the emergency and says you give up your right to cancel within 3 business days. We cannot write it for you or give you a pre-printed form.
20. CANCELLATION AFTER THE 3 BUSINESS DAYS
If you cancel after the 3 business days have passed, or after you gave up that right, you pay:
- work already performed, at the estimate or price book price
- special-order or non-returnable equipment and materials bought for your job (if we can return them, you pay only the restocking fee). Equipment you pay for is yours, and we hold it for you for 30 days.
- permit fees already paid
- a cancellation fee of 10% of the contract price. You agree this fee is a reasonable estimate of our lost profit, scheduling, purchasing and administrative costs, which are hard to calculate when you sign, and that it is not a penalty. It is the only amount we charge for those losses.
We keep these amounts from your deposit and refund the rest within 10 business days. Any amount your deposit does not cover is due on invoice.
21. PROPERTY DAMAGE CLAIMS
- If you believe our work caused damage, notify us in writing within 72 hours of discovering it.
- Let us inspect the damage before it is repaired, except when emergency repairs are needed to prevent further damage.
- Take reasonable steps to limit the damage, such as shutting off water, gas or power.
- We are not responsible for damage made worse by delay or by failure to take these steps.
22. LIMITATION OF LIABILITY
- Our total liability for any claim arising out of this Agreement or our work is limited to the amount you paid for the work that gave rise to the claim.
- We are not liable for lost profits, loss of use, rental or hotel costs, spoiled food or goods, or any other indirect, incidental, special or consequential damages.
- These limits do not apply to injury caused by our gross negligence or intentional misconduct, or where the law does not allow them.
23. INDEMNITY
You agree to indemnify and hold us harmless from claims, losses and costs, including reasonable attorney's fees, arising from your negligence or misconduct; inaccurate information you gave us, including about ownership or authority; hazardous conditions you knew about and did not tell us about; and the actions of your guests, tenants or pets.
24. DELAYS BEYOND OUR CONTROL
We are not liable for delays or failure to perform caused by events beyond our reasonable control. Examples: storms, hurricanes, declared emergencies, supplier shortages, equipment backorders, permit office or inspector delays, utility outages, illness, and government action.
25. MOLD AND INDOOR AIR QUALITY
- We do not test for or remediate mold.
- Air quality products, such as UV lights, filters and purifiers, reduce contaminants but are not medical devices and do not guarantee any health result.
- Water and air test results are for information only and are not laboratory results.
26. PHOTOS, VIDEO AND RECORDS
- We may photograph and record the equipment, the work area and the work for quality, records, warranty, training and marketing. Marketing may show the street area, city, ZIP code and job details. We will not show your house number, face, voice or name in marketing without your separate consent. Tell your technician or email service@callhometherapist.com if you do not want photos of your job used in marketing.
- Photos and records belong to us.
27. MESSAGES FROM US
- By giving us your phone number and email, you agree to receive messages about your appointments, estimates, invoices, payments, warranty and service. Message and data rates may apply. Reply STOP to opt out of texts.
- We send marketing text messages only if you separately agree to receive them. That consent is not a condition of any purchase.
- You may unsubscribe from marketing emails at any time.
- Some calls, texts and chats may be answered by an automated assistant. You agree to tell us if your phone number changes.
28. MAINTENANCE PLANS
This section applies to every maintenance plan we offer or have offered, including the Home Therapy Club, the Quarterly plan, and older plans such as Value, Premium and Elite.
- Plan details. Your plan's price, billing period (monthly, quarterly or yearly), included visits and benefits are shown on your plan sign-up and plan page. Those details are part of this Agreement. Prices are per system unless your sign-up says otherwise.
- Older plans. Members of plans we no longer sell keep the benefits they signed up for. We move a member to a different plan only with their agreement.
- Not included: repairs, parts and refrigerant, unless your plan lists them. Repairs found during a visit are priced separately.
- Scheduling. Our office schedules member visits, and you may also call us. If we cannot reach you to schedule a visit after 3 documented attempts over 30 days, that visit is forfeited for that period with no refund.
- Automatic renewal. Your plan renews each billing period at the then-current price until you cancel. We give you at least 30 days' notice of any price change. For plans billed yearly, we send a reminder 30 to 60 days before the renewal date. You authorize us to charge your saved card on each renewal.
- Plan year and cancellation. Each plan runs in 12-month plan years. You may cancel at any time by phone, text or email. If you have not used any plan benefit in the current plan year, you owe nothing more. If you have used any plan benefit in the current plan year, the remaining payments for that plan year are due when you cancel. Unused benefits are not refunded. If you signed up at your home, you may also cancel within 3 business days for a full refund (Section 19).
- Moving. If you move, we change the address on your plan.
- Inspection limits. Inspections cover only visible and accessible areas and cannot find every existing or future problem.
29. NOTICE AND OPPORTUNITY TO CURE
- ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.
- For any other claim, the notice and 30-day resolution step in Section 30 applies before arbitration or any lawsuit.
30. DISPUTES: ARBITRATION, CLASS ACTION WAIVER AND JURY WAIVER
- First, try to resolve it. Before starting arbitration, the person bringing the claim must send a written notice, signed by them personally, with their name, address, phone, a description of the claim and what they want, and give the other side 30 days to resolve it, including a phone or video call if either side asks. Deadlines are paused during this time.
- Arbitration. Except as stated below, any dispute you have with us arising out of or relating to this Agreement, our work, our estimates or invoices, or our calls, texts, emails or website (including claims under the Telephone Consumer Protection Act or the Florida Telephone Solicitation Act) will be resolved by binding arbitration before the American Arbitration Association under its Consumer Arbitration Rules, by a single arbitrator, in Hillsborough County, Florida, or by video. The Federal Arbitration Act governs this section. We pay the arbitration fees the AAA Consumer Rules require a business to pay.
- Small claims. Either party may instead bring an individual claim in small claims court if it qualifies.
- Our collection and lien rights. We may bring an action in court to collect amounts you owe, to enforce or foreclose a construction lien under Chapter 713, Florida Statutes, or to protect our property or equipment. You may raise any defense in that action.
- Class action waiver. You and we may bring claims only on an individual basis, not as a plaintiff or class member in any class, collective or representative action. The arbitrator may not combine claims of more than one person.
- Mass filings. If 25 or more similar claims are filed by the same or coordinated lawyers, the AAA's Mass Arbitration Supplementary Rules apply.
- Opt out. You may opt out of arbitration by emailing service@callhometherapist.com with "Arbitration Opt Out" and your name and address within 30 days after you first accept this Agreement. Opting out does not affect any other term.
- Court terms. For any dispute that goes to court, Florida law governs, the case must be filed in Hillsborough County, Florida, and the prevailing party is entitled to reasonable attorney's fees and costs, including on appeal and in collection.
- Jury waiver. YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF THIS AGREEMENT OR OUR WORK.
- If the class action waiver is found unenforceable for a claim, that claim goes to court, not arbitration.
- If the AAA cannot or will not administer the case, the parties will choose another administrator, or a court will appoint one.
31. GENERAL TERMS
- Assignment and subcontractors. You may not assign this Agreement. We may use licensed subcontractors and may assign our right to payment.
- Entire agreement. This Agreement is the entire agreement between you and us. You are not relying on any statement or promise that is not written in this Agreement or on your approved estimate.
- Changes to this Agreement. Changes must be in writing, including by text or email, and agreed by both parties.
- No waiver. If we choose not to enforce a term once, we may still enforce it later.
- Severability. If any part of this Agreement is found unenforceable, it is limited to the extent needed and the rest remains in effect.
- Survival. The payment, warranty, liability, indemnity and dispute terms survive completion or cancellation of the work.
- Sales tax. Prices include applicable Florida sales tax on materials used in improvements to real property. Items sold without installation may be taxed separately.
- Notices. Send notices to the address above or to service@callhometherapist.com. We may send notices to the address, email or phone number on your account.
32. NOTICES REQUIRED BY FLORIDA LAW
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.