Updated 10/24/2025

PROACTIVE PLAN TERMS & CONDITIONS

Ken Herbert Plumbing & Reading Heating & Air and its Service Providers offer the PROACTIVE Plan to help Homeowners stay ahead of home maintenance. By enrolling, you agree to these Terms & Conditions, our Privacy Policy (https://www.theproactiveplan.com/privacy-policy), and the privacy policies of our Service Providers.

1. Key Definitions

• Homeowner: The individual who enrolls in the PROACTIVE Plan and owns or occupies the property covered.
• Service Provider: Any technician, contractor, or affiliate performing services under the PROACTIVE Plan.
• Unit: The specific HVAC or plumbing system approved for coverage under the PROACTIVE Plan.
• Term: The 12-month period of coverage from the date of enrollment.

2. Plan Benefits

The PROACTIVE Plan provides:

• Three included appointments per Term (two HVAC tune-ups and one plumbing inspection), unless paired with a special promotional offer.
• Two HVAC tune-ups for the approved unit, ideally scheduled separately (Spring and Fall). Alternative scheduling may be permitted at the Company’s discretion.
• One plumbing inspection per Term, limited to visual inspection only (does not include water heater draining).
• 10% discount on service calls, covering labor and parts only (equipment sales excluded).
• Option to enroll in plumbing-only or HVAC-only plans. Benefits and discounts will adjust according to the selected coverage.

Homeowners may contact the Company if they lose documentation of their PROACTIVE Plan enrollment or details of their coverage.

3. Term and Renewal

• The PROACTIVE Plan is effective for one year from enrollment. Benefits do not carry over to subsequent Terms.
• Homeowners must schedule services directly with the Company; reminders may be sent but are not guaranteed.
• Plans purchased online may automatically renew unless cancellation notice is provided before renewal.

4. Scheduling and Service Obligations

• Homeowners must provide accurate and current information regarding all covered equipment. Failure to notify the Company of changes may prevent service.
• Tune-ups and inspections are limited to approved units. The Company may reschedule, modify, or deny services at its sole discretion.
• Access to the property must be provided for scheduled services.

5. Discounts, Exclusions, and Limitations

• The 10% discount applies only to labor and parts, excluding equipment sales.
• PROACTIVE does not cover emergency services, damages from misuse, accidents, natural disasters, pre-existing conditions, or equipment modifications unknown to the Company.
• Any adjustments to schedules, cadence, or eligibility for benefits are at the Company’s discretion.
• Benefits may be reduced or forfeited if services cannot be completed due to inaccessible or altered equipment.

6. Payments, Refunds, and Termination

• The PROACTIVE Plan is non-refundable; all sales are final.
• No prorated refunds are offered for early termination.
• For discounted plans, maximum refund is the purchase price, and any services already used are non-refundable.
• Termination notice may be sent via email to [email protected] or in writing to 16 W Benson St, Cincinnati, OH 45215. Notice is valid only when receipt is confirmed by the Company.
• The PROACTIVE Plan is non-transferable and may not be assigned or sold, including upon sale of the Homeowner’s property.

7. Communications and Privacy

• By enrolling, Homeowners consent to receive transactional and marketing communications from the Company and Service Providers.
• Communications may be sent via email, SMS, iMessage, phone, voicemail, postal mail, or other methods, with standard messaging or carrier fees potentially applying.
• PROACTIVE communications comply with applicable laws including TCPA and CAN-SPAM, and Homeowners may manage preferences through the Company.

8. Liability and Indemnification

• The Company and its Service Providers are not liable for damages resulting from equipment changes unknown to the Company, misuse, neglect, or unauthorized modifications.
• Homeowners agree to indemnify and hold harmless the Company and its Service Providers from claims, losses, or liabilities arising from failure to follow these Terms, Homeowner negligence, or actions.
• This includes reasonable attorneys’ fees and costs, to the fullest extent permitted by law.

9. Force Majeure

The Company is not responsible for delays or inability to provide services due to circumstances beyond its control, including but not limited to storms, floods, power outages, labor shortages, or other events outside the Company’s reasonable control.

10. Changes to These Terms

The Company reserves the right to modify, update, or replace these Terms & Conditions at any time by posting an updated version on https://www.theproactiveplan.com/terms.

Homeowners are encouraged to review these Terms periodically to stay informed of any changes. Updates take effect immediately upon posting.

As a courtesy, the Company may provide notice of significant changes from time to time, but such notice is not required for changes to be effective.

11. Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to conflict of law principles. Any disputes will be resolved exclusively in the courts of Hamilton County, Ohio, and Homeowners consent to personal jurisdiction there.

By enrolling in the PROACTIVE Plan, Homeowners acknowledge that they have read, understood, and agreed to these Terms & Conditions, as well as the Privacy Policies of the Company and its Service Providers.