304 Comfort plan

Membership Terms & Conditions

Effective Date: July 20, 2026

These Terms & Conditions (“Agreement”) govern participation in the 304 Comfort Plan (“Membership”) offered by 304 Heating, Cooling & Plumbing (“304,” “Company,” “we,” “our,” or “us”). By enrolling in the Membership, the customer (“Member,” “you,” or “your”) agrees to these Terms & Conditions.

KEY TERMS AT A GLANCE (summary only — the full Terms & Conditions below govern)
Membership Fee Billed monthly at the rate disclosed to you at enrollment, plus applicable tax. Optional add-on programs are billed in addition, at the rates disclosed at enrollment.
Billing Your payment method on file is automatically charged monthly on a recurring basis until you cancel.
Cancellation Cancel anytime by phone, email, or written notice. Cancellations are processed within five (5) business days, and no further membership fees are charged after processing.
Early Cancellation If you cancel within the first twelve (12) months, 304 may recover the value of member discounts, waived fees, and maintenance visits you actually received, less the fees you paid (see Section 14).
10-Year Warranty The extended parts and labor warranty on qualifying installations requires continuous active membership, subject to a 30-day grace period (see Section 9).
Disputes Disputes are resolved by individual binding arbitration in West Virginia; either party may instead use small claims court (see Section 21).
  1. Membership Benefits

While Membership remains active and in good standing, Members are entitled to the following benefits for covered equipment:

  • Two (2) precision maintenance visits annually, including one heating system tune-up and one cooling system tune-up.
  • Priority scheduling over non-members for service appointments.
  • Waived diagnostic service fees.
  • Waived overtime charges.
  • Ten percent (10%) discount on eligible repairs.
  • Five percent (5%) loyalty credit toward the purchase of a qualifying replacement HVAC system installed by 304.
  • Eligibility for a ten (10) year parts and labor warranty on qualifying HVAC systems installed by 304, subject to the requirements of this Agreement.
  • Coverage of additional HVAC systems enrolled under the Membership for the then-current additional system fee.
  • The option to enroll in the Optional Add-On Programs described in Section 8.

Membership benefits apply only to equipment specifically covered under the Membership.

  1. Membership Fees and Automatic Payments

Membership fees are billed monthly at the rate disclosed to you at enrollment and in effect at the time of enrollment.

By enrolling in the Membership, you expressly authorize 304 Heating, Cooling & Plumbing to charge your designated payment method on a recurring monthly basis until Membership is cancelled in accordance with Section 14.

The Member is responsible for maintaining current and valid payment information.

If a payment fails or is declined, 304 will notify the Member and may retry the payment method. The Member will have thirty (30) days from the date of the first failed payment to update payment information and bring the account current (the “Grace Period”). If the account is not brought current within the Grace Period, Membership benefits may be suspended or the Membership terminated.

Any change to the monthly Membership fee will be communicated at least thirty (30) days in advance in accordance with Section 19, and the Member may cancel before the new fee takes effect.

Membership fees are non-refundable except as required by applicable law.

  1. Covered Equipment

Membership applies only to residential HVAC equipment located at the enrolled service address.

Each additional HVAC system must be separately enrolled and billed under the Membership.

Covered equipment must:

  • Be installed in accordance with applicable codes.
  • Be in reasonably serviceable condition.
  • Be safely and readily accessible to our technicians.

Additional charges may apply when special access equipment, lifts, scaffolding, confined-space procedures, extensive disassembly, or other extraordinary access measures are required.

  1. Annual Maintenance Services

Membership includes two preventative maintenance visits per year.

304 will make reasonable efforts to notify Members when seasonal maintenance visits are due and to offer available appointment times. Members are responsible for accepting and keeping scheduled appointments.

Maintenance visits:

  • Must be scheduled during normal business hours.
  • Are subject to technician availability.
  • Have no cash value.
  • May not be transferred to another individual or property.
  • Do not roll over into future membership periods if unused.

304 reserves the right to reschedule appointments due to weather events, emergencies, safety concerns, staffing shortages, supply-chain interruptions, or circumstances beyond its reasonable control.

  1. Repair Discounts

The Membership repair discount applies only to repairs performed by 304.

The discount:

  • Applies only to qualifying repairs.
  • Cannot be combined with other discounts, offers, coupons, promotional pricing, or financing incentives unless expressly authorized by 304.
  • Does not apply to equipment replacement, permit fees, taxes, specialty materials, third-party services, or financing costs.
  1. Priority Scheduling

Priority scheduling means Membership customers receive scheduling preference ahead of non-members whenever reasonably possible.

Priority scheduling does not guarantee:

  • Same-day service.
  • Emergency service within a specific timeframe.
  • Immediate appointment availability.

Appointment availability remains subject to technician capacity, emergencies, weather conditions, parts availability, and operational requirements.

  1. No Service Fee and No Overtime Fee Benefit; Exclusions

For active Members, diagnostic service fees and overtime charges are waived.

Except as expressly provided under an active Optional Add-On Program (Section 8), Membership does not include:

  • Labor for repairs.
  • Equipment replacement.
  • Electrical upgrades.
  • Plumbing repairs.
  • Ductwork repairs or modifications.
  • Code compliance upgrades.
  • Any service not specifically identified as a Membership benefit.

Members remain responsible for all repair and replacement costs not expressly included in the Membership.

  1. Optional Add-On Programs

Members may enroll in the following optional add-on programs for an additional monthly fee, at the then-current rate disclosed at enrollment. Add-on programs require an active Membership in good standing, are billed together with the monthly Membership fee, and terminate automatically when Membership terminates.

8.1 Breathe Easy Filter Program. During each of the two annual maintenance visits, 304 will replace the standard air filters for covered equipment. The program includes up to six (6) one-inch filters per year, or four (4) two-inch filters per year, or two (2) four-to-five-inch filters per year, depending on the covered system. Specialty, custom-size, or media filters beyond these quantities are available at additional cost.

8.2 Priority Plumbing Plan. The Priority Plumbing Plan includes: one (1) annual plumbing safety inspection; one (1) annual water heater tank flush (where the equipment condition safely allows); member scheduling preference for plumbing service; no overtime or after-hours callout fees for plumbing service; waiver of the standard dispatch/service fee when plumbing work is performed; a ten percent (10%) discount on plumbing repairs and upgrades performed by 304; and a two (2) year parts and labor warranty on plumbing repairs performed by 304, excluding drain cleaning services.

Plumbing services not expressly listed above — including repairs, replacement parts, fixture replacement, water heater replacement, drain cleaning, excavation, and code upgrades — are not included in the Priority Plumbing Plan and are billed separately.

  1. Ten-Year Parts and Labor Warranty

Qualifying Systems. A “qualifying system” is a complete HVAC system sold and installed by 304 that is identified as eligible for the extended warranty in the installation agreement and registered with the manufacturer in accordance with manufacturer requirements.

To maintain eligibility for the extended warranty:

  • The system must be installed by 304.
  • Manufacturer registration requirements must be satisfied.
  • Membership must remain active and continuously paid, subject to the Grace Period described below.
  • Recommended maintenance services must be completed as scheduled, provided that a Member will not lose warranty eligibility where the Member has cooperated in good faith with scheduling and 304 was unable to complete a visit.
  • Covered equipment must be operated and maintained in accordance with manufacturer requirements.

Relationship to manufacturer warranty. The extended warranty supplements, and does not replace, the equipment manufacturer’s warranty. Where a part is covered by the manufacturer’s warranty, 304’s obligation under the extended warranty is limited to the labor to diagnose and replace that part and to parts not covered by the manufacturer.

Lapse and reinstatement. If Membership payment fails or lapses, the Member will have thirty (30) days to bring the account current, and warranty eligibility will continue uninterrupted upon reinstatement within that period. If Membership is cancelled by the Member, terminated for cause, or remains delinquent beyond the thirty (30) day period, the extended warranty benefit terminates as of the original lapse date.

Upon termination of Membership, the customer retains only those warranty rights provided directly by the equipment manufacturer, if any.

This warranty does not cover damage resulting from:

  • Acts of nature.
  • Power surges.
  • Freezing conditions.
  • Unauthorized modifications.
  • Service performed by third parties.
  1. Loyalty Credit Toward Replacement Equipment

Active Members may qualify for a loyalty credit equal to five percent (5%) of the purchase price of a qualifying replacement HVAC system installed by 304.

The loyalty credit:

  • Has no cash value.
  • Cannot be redeemed for cash.
  • Cannot be transferred.
  • May not be combined with certain promotional offers at 304’s discretion.
  • Is available only to Members in good standing at the time of purchase.
  1. Member Responsibilities

Members agree to:

  • Provide safe and reasonable access to covered equipment.
  • Maintain working utilities necessary for service.
  • Provide accurate billing and contact information.
  • Update payment information as needed.
  • Notify 304 of changes in ownership, occupancy, or equipment status.

Membership benefits may be suspended until required information is provided or account issues are resolved.

  1. Existing Conditions

304 is not responsible for:

  • Pre-existing equipment defects.
  • Improper installations performed by others.
  • Equipment operating outside manufacturer specifications.
  • Existing code violations.
  • Hidden conditions that were not reasonably discoverable during maintenance.
  • Damage caused by previous repairs performed by parties other than 304.

Maintenance inspections are intended to identify visible and reasonably discoverable issues and are not guarantees against future equipment failure.

  1. Missed Appointments

A Member who misses a scheduled appointment or fails to provide access to covered equipment may be charged a missed appointment fee of up to forty-nine dollars ($49) and required to reschedule.

Repeated missed appointments may result in suspension of Membership benefits.

  1. Cancellation

Membership may be cancelled at any time by either party.

Members may cancel by:

  • Telephone,
  • Email,
  • Written notice, or
  • Any cancellation method offered by 304 at the time of cancellation.

304 will process cancellation requests within five (5) business days of receipt. No membership fees will be charged for billing periods beginning after processing. Amounts accrued prior to cancellation remain due and payable.

Early cancellation. If Membership is cancelled within twelve (12) months of enrollment, 304 reserves the right to invoice the Member for the value of member benefits actually received — member discounts applied, service and overtime fees waived, and maintenance visits performed (at 304’s standard maintenance rate) — less the Membership fees actually paid. This amount will not exceed twelve (12) months of Membership fees.

Right to cancel in-home sales. If you enrolled during an in-person visit at your home, you may cancel this transaction, without penalty, within three (3) business days in accordance with the Federal Trade Commission’s Cooling-Off Rule and applicable West Virginia law. A Notice of Cancellation will be provided at the time of enrollment where required.

  1. Transferability

Membership applies only to the enrolled service address and covered equipment.

Membership is not transferable to another person or property without written approval from 304.

Upon sale or transfer of the covered property, Membership automatically terminates unless otherwise approved in writing by 304.

  1. Communications Consent

By enrolling, you consent to receive service-related communications from 304 — including appointment reminders, maintenance scheduling notices, and billing notices — by phone call, text message, and email at the contact information you provide. Message and data rates may apply.

You may also receive marketing communications from 304, and you may opt out of marketing communications at any time without affecting your Membership. Opting out of service-related communications may limit our ability to schedule your maintenance visits.

  1. Limitation of Liability

To the fullest extent permitted by law, 304 shall not be liable for:

  • Incidental damages.
  • Consequential damages.
  • Loss of use of equipment.
  • Loss of profits.
  • Water damage.
  • Mold damage.
  • Property damage arising from equipment failure.
  • Delays resulting from weather, labor shortages, product shortages, utility failures, governmental actions, or events beyond our reasonable control.

Nothing in this Agreement limits liability that cannot be limited under applicable law, or excludes liability arising from 304’s gross negligence or willful misconduct.

  1. Force Majeure

304 shall not be considered in breach of this Agreement or responsible for delays caused by circumstances beyond its reasonable control, including but not limited to:

  • Natural disasters.
  • Extreme weather.
  • Acts of government.
  • Utility interruptions.
  • Labor shortages.
  • Supply-chain disruptions.
  • Transportation disruptions.
  • Public emergencies.
  1. Changes to Membership Program

304 may modify Membership pricing, benefits, or these Terms & Conditions by providing at least thirty (30) days’ advance notice by email or mail to the contact information on file.

Any changes apply prospectively and do not affect services already performed. A Member may cancel the Membership before the change takes effect without being subject to the early-cancellation provisions of Section 14.

Continued participation in the Membership after the effective date of a change constitutes acceptance of the revised Terms & Conditions.

  1. Right to Refuse, Suspend, or Terminate Membership

304 reserves the right to refuse, suspend, or terminate Membership for:

  • Fraudulent activity.
  • Unsafe working conditions.
  • Threatening or abusive behavior.
  • Violation of these Terms & Conditions.

Termination under this section shall not waive any amounts otherwise owed to 304.

  1. Dispute Resolution; Arbitration; Class Action Waiver

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Membership shall be resolved by binding arbitration conducted in Kanawha County, West Virginia, before a single arbitrator, administered by a recognized arbitration provider mutually agreed by the parties under its consumer arbitration rules. This Section is governed by the Federal Arbitration Act.

Arbitration shall proceed on an individual basis only. THE PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Either party may instead bring an individual claim in small claims court in the county of the enrolled service address. 304 will pay arbitration filing fees to the extent they exceed the cost of filing the same claim in small claims court.

If any portion of this Section is found unenforceable, the remainder shall be enforced to the fullest extent permitted, except that if the class action waiver is found unenforceable, this Section shall be void in its entirety.

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to conflict-of-law principles.

Subject to Section 21, any legal action arising out of this Agreement shall be brought in a court of competent jurisdiction located in West Virginia, except where applicable law requires otherwise.

  1. General Provisions

Entire Agreement. This Agreement, together with the enrollment form and any add-on program enrollment, constitutes the entire agreement between the parties regarding the Membership and supersedes prior discussions and representations.

Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect.

No Waiver. 304’s failure to enforce any provision of this Agreement is not a waiver of that provision or of the right to enforce it later.

Assignment. The Member may not assign this Agreement without 304’s written consent. 304 may assign this Agreement in connection with a reorganization or transfer of its business, provided Membership benefits are honored.

Notices. Notices to Members may be given by email, text, or mail using the contact information on file. Notices to 304 should be directed to the contact information in Section 24.

  1. Contact Information

304 Heating, Cooling & Plumbing
Phone: (304) 542-3413
Mail: P.O. Box 36, Kenna, WV 25248
Website: www.304hvac.com

WV Contractor License No. WV066107