Empower Maintenance & Protection Plan Terms & Conditions

These Protection Plan Terms and Conditions (“Terms”) govern all maintenance and protection plans provided by Empower Home Comfort Inc. (“Empower,” “we,” “us,” or “our”).

By enrolling in, paying for, renewing, or receiving services under a Protection Plan, the customer (“Customer,” “you,” or “your”) confirms that they have read, understood, and agreed to these Terms.

These Terms apply together with the specific benefits, pricing, equipment and service categories shown on your enrollment confirmation, invoice, proposal, or the Empower website. Where there is a conflict, the written enrollment confirmation identifying the Customer’s selected plan will determine the applicable plan benefits, subject to these Terms.

1. Available Plans

Empower currently offers the following Protection Plans:

Core Plan

The Core Plan covers the furnace, air conditioner, heat pump, or combination of equipment specifically identified at enrollment.

Core Plan benefits may include:

• One annual maintenance inspection for each enrolled HVAC system;
• A post-maintenance equipment health report;
• Waiver of the regular dispatch and diagnostic fee during regular business hours;
• Priority scheduling;
• Member discounts on eligible repairs and supplies; and
• Other benefits specifically listed in the Customer’s enrollment confirmation.

The Core Plan does not include a repair coverage credit unless expressly stated in writing.

Total Home Plan

The Total Home Plan covers the enrolled HVAC equipment and eligible plumbing or electrical systems, as shown in the Customer’s enrollment confirmation.

Total Home Plan benefits may include:

• Annual furnace and air conditioner or heat pump maintenance;
• Post-maintenance equipment health reports;
• Waiver of eligible dispatch and diagnostic fees, including qualifying after-hours service;
• Priority scheduling;
• A repair coverage credit of up to $750 per Plan Year, applicable to either eligible HVAC repairs or eligible plumbing/electrical repairs;
• Member discounts on eligible plumbing and electrical upgrades; and
• Other benefits specifically listed in the Customer’s enrollment confirmation.

The $750 repair coverage credit is one combined annual maximum and is not a separate $750 amount for each category.

Total Home Plus Plan

The Total Home Plus Plan covers the enrolled HVAC equipment and eligible plumbing and electrical systems, as shown in the Customer’s enrollment confirmation.

Total Home Plus Plan benefits may include:

• Annual furnace and air conditioner or heat pump maintenance;
• Post-maintenance equipment health reports;
• Waiver of eligible dispatch and diagnostic fees, including qualifying after-hours service;
• Priority scheduling;
• Up to $750 per Plan Year for eligible HVAC repairs;
• Up to $500 per Plan Year for eligible plumbing repairs;
• Up to $500 per Plan Year for eligible electrical repairs;
• Member discounts on eligible products and services; and
• Other benefits specifically listed in the Customer’s enrollment confirmation.

The HVAC, plumbing and electrical repair credits are separate. Unused credit from one category cannot be transferred to another category.

2. Add-On Plans

Subject to availability, Customers may add coverage or maintenance services for additional equipment, including:

• Tankless water heaters;
• Humidifiers;
• Heat recovery ventilators;
• Gas fireplaces;
• Boilers;
• Ductless or mini-split systems;
• Duct cleaning; and
• Other equipment identified in writing by Empower.

An add-on covers only the equipment or service specifically identified at enrollment. Unless otherwise stated in writing, an add-on does not automatically include repair coverage or extend the repair credit available under another plan.

Duct cleaning add-ons are subject to the frequency stated at enrollment. Where the plan includes one duct cleaning every four years, the Customer must maintain uninterrupted paid enrollment for the required period before the service becomes available, unless Empower agrees otherwise in writing.

3. Eligible Property and Equipment

Protection Plans are intended for residential properties located within Empower’s regular service area, unless Empower approves another property in writing.

Only equipment that is:

• Located at the enrolled service address;
• Specifically identified under the plan;
• Accessible and safe to service;
• Properly installed;
• Used for normal residential purposes; and
• In reasonably serviceable condition

is eligible for plan benefits.

A Protection Plan applies to one service address and cannot be transferred to another property without Empower’s written approval.

Unless otherwise approved, each additional furnace, air conditioner, heat pump, boiler, tankless water heater, ductless system, fireplace or other major appliance requires separate enrollment and payment.

4. Equipment Inspection and Acceptance

Empower may require an inspection, maintenance visit, model and serial number, photographs, service history, or proof of installation before accepting equipment for repair coverage.

Enrollment and collection of an initial payment do not mean that equipment with a pre-existing defect, deficiency or malfunction has been accepted for repair coverage.

Empower may:

• Decline equipment that is unsafe, inaccessible, obsolete, improperly installed or already malfunctioning;
• Identify repairs that must be completed before coverage becomes effective;
• Exclude a specific component or condition from coverage;
• Require proof that a previously identified issue was properly repaired; or
• Cancel the enrollment and refund unused plan fees where the equipment cannot reasonably be covered.

5. Effective Date, 30-Day Look-Back and Pre-Existing Conditions

Maintenance, discount and priority-service benefits begin on the enrollment date unless otherwise stated in writing.

Repair coverage applies only to eligible failures that arise after the effective date of coverage and are not considered pre-existing under these Terms.

For the purpose of determining eligibility, any defect, deficiency, malfunction, symptom, condition or component failure that existed, was known, was identified, was reported, or was repaired during the 30-day period immediately before the effective date of coverage will be considered a pre-existing condition and will not be covered.

This includes, without limitation:

• Pre-existing defects or deficiencies in existence during the 30 days prior to the date of coverage;
• Defects or deficiencies that were repaired during the 30 days prior to the date of coverage;
• Problems, symptoms or abnormal operation reported or observed during that 30-day period;
• Repairs recommended but not completed during that 30-day period;
• Equipment that was not operating properly at the time of enrollment;
• A service request made after enrollment relating to a condition that began during the 30-day look-back period; and
• Recurring or related failures associated with a condition or repair occurring during the 30-day look-back period.

A Protection Plan cannot be purchased after a breakdown, known deficiency or recent repair for the purpose of obtaining coverage for that condition or a related failure.

Where there is a reasonable question as to whether a condition is pre-existing, Empower may review prior service records, invoices, technician notes, diagnostic findings, photographs, customer communications, manufacturer records or other reasonably available information in determining eligibility.

The 30-day look-back applies to repair coverage and does not prevent the Customer from receiving otherwise eligible maintenance, member discounts or other non-repair benefits under the selected plan.

6. Plan Year and Annual Limits

A “Plan Year” is each consecutive 12-month period beginning on the Customer’s original enrollment date.

All repair coverage maximums reset at the beginning of a new Plan Year, provided the account remains active and paid.

Unused repair credits:

• Have no cash value;
• Cannot be refunded;
• Cannot be carried forward;
• Cannot be transferred between properties, equipment, Customers or service categories; and
• Cannot be applied after the plan has ended.

Repair limits apply to the total combined value of eligible parts, labour and applicable service work during the Plan Year, before taxes.

7. Annual Maintenance

Annual maintenance is provided once per Plan Year for each piece of equipment included under the selected plan.

Maintenance generally includes the inspection and servicing steps reasonably applicable to the enrolled equipment. The exact work performed depends on the equipment type, design, condition, accessibility and manufacturer requirements.

Maintenance is preventive service. It is not:

• A guarantee that the equipment will not break down;
• A full system restoration;
• A code inspection or engineering certification;
• A warranty that every concealed defect will be discovered;
• Duct cleaning, unless included as a separate benefit;
• Coil removal, deep chemical cleaning or equipment disassembly beyond normal maintenance procedures; or
• A repair visit.

Any repair, replacement, cleaning or corrective work recommended during maintenance requires Customer approval and may be separately chargeable.

The Customer is responsible for booking and providing access for maintenance. Unused annual maintenance does not carry forward and is not refundable.

8. Dispatch and Diagnostic Fees

Where included under the selected plan, Empower will waive its regular dispatch and diagnostic fee for qualifying service visits involving enrolled equipment.

The waiver does not include:

• Repair labour;
• Parts or materials;
• Refrigerant;
• Specialty testing;
• Permits;
• Third-party charges;
• Rental equipment;
• Access work;
• Drain cleaning;
• After-hours premiums where after-hours coverage is not included;
• Visits involving equipment or systems not enrolled in the plan; or
• Visits where no covered system problem exists.

For the Core Plan, the waiver applies during Empower’s regular business hours only.

For Total Home and Total Home Plus, qualifying emergency or after-hours diagnostic visits may be included, subject to technician availability, service area, safety conditions and the exclusions in these Terms.

Unlimited service calls do not mean unlimited free repairs. Empower may charge for repeated visits caused by Customer misuse, unresolved access issues, failure to approve a recommended repair, intermittent conditions that cannot be reproduced, or issues outside the plan.

9. Repair Coverage Credits

Repair coverage is provided as a credit toward eligible repair services performed by Empower. It is not insurance, a manufacturer warranty, a cash benefit or reimbursement for work performed by another contractor.

To qualify:

• The plan must be active and paid;
• The affected system must be enrolled;
• The failure must not be excluded under the 30-day look-back or any other exclusion in these Terms;
• The failure must occur after coverage becomes effective;
• Empower must diagnose the failure;
• Empower must approve the repair as eligible; and
• Empower must perform the work unless otherwise agreed in writing.

Repair credits are applied to Empower’s regular repair price, including eligible parts and labour, up to the applicable annual maximum.

The Customer is responsible for:

• Amounts exceeding the available repair credit;
• Taxes;
• Non-covered work;
• Betterment or upgrades;
• Equipment replacement;
• Permit or inspection fees;
• Refrigerant and related services;
• Any applicable after-hours premium not included in the plan; and
• Any other amount excluded by these Terms.

Repair credits cannot be used toward equipment replacement unless Empower expressly approves the application of a credit in writing.

10. Covered Repairs

Subject to the selected plan, annual limits, the 30-day look-back and all exclusions, eligible repairs may include the diagnosis and repair of sudden mechanical or electrical failures caused by normal residential use of an enrolled system.

Coverage is limited to components that Empower determines are:

• Necessary for the normal operation of the enrolled system;
• Repairable;
• Legally serviceable;
• Available through a reasonable supply channel; and
• Not otherwise excluded.

Empower will decide whether a component should be repaired or replaced and whether the equipment is reasonably repairable.

11. General Exclusions

Unless specifically included in writing, Protection Plans do not cover:

• Pre-existing conditions, defects, deficiencies, symptoms or breakdowns, including any condition that existed, was identified, was reported or was repaired during the 30 days immediately before the effective date of coverage, as further described in Section 5;
• Recurring or related failures connected to a condition or repair occurring during the 30-day look-back period;
• Equipment that was not operating properly when enrolled;
• Improper installation, sizing, design or application;
• Work performed by anyone other than Empower;
• Damage caused by unauthorized alterations or repairs;
• Manufacturer defects covered by a manufacturer, supplier, installer or third-party warranty;
• Cosmetic damage, noise complaints or conditions that do not affect normal operation;
• Normal wear items, consumables and routine Customer maintenance;
• Filters, batteries, light bulbs, fuses, water panels, humidifier pads, anodes, media, chemicals and cleaning products;
• Refrigerant of any type;
• Refrigerant diagnosis, leak testing, evacuation, recovery, charging or recharging;
• Refrigerant leaks, unless only the repair of the underlying covered component is approved;
• Ductwork, registers, grilles, zoning design, air balancing or airflow problems caused by the building or duct system;
• Chimneys, liners, venting systems and building penetrations, except where expressly included;
• Underground, concealed, inaccessible or in-wall piping or wiring, except where expressly included;
• Drain lines, sewer lines, septic systems or municipal services, except where expressly included;
• Water damage, mould, asbestos, lead, hazardous materials or environmental remediation;
• Structural work, drywall, painting, concrete, excavation, landscaping, roofing, carpentry or restoration;
• Code upgrades, permits, inspections and modifications required because of changes in law or code;
• Equipment relocation;
• Crane, lift, scaffold or special-access costs;
• Rental equipment or equipment owned by a third party;
• Commercial, industrial or process-use equipment;
• Damage caused by animals, pests or insects;
• Damage caused by accident, abuse, neglect, vandalism or misuse;
• Damage caused by frozen pipes, blocked drains, lack of water, poor water quality or scale beyond normal maintenance;
• Electrical supply problems, utility interruptions, power surges, low voltage, improper voltage or generator issues;
• Fuel supply problems, gas pressure problems or utility service failures;
• Internet, Wi-Fi, smart-home platform, mobile application or third-party communication failures;
• Consequential, incidental or indirect losses; and
• Any item identified as excluded on the enrollment confirmation, inspection report or service invoice.

12. Refrigerant

Refrigerant is not covered under any Protection Plan unless expressly stated otherwise in writing.

Any refrigerant required for diagnosis, leak testing, evacuation, recovery, charging, recharging or repair is billable to the Customer.

Repairing a refrigerant leak does not include the cost of the refrigerant required to restore system operation.

13. Obsolete or Unavailable Parts

Empower does not guarantee that replacement parts will remain available.

Where a required part is obsolete, discontinued, unavailable, subject to unreasonable delay or not approved for use in the equipment, Empower may:

• Offer an alternative repair;
• Apply available repair credit toward an approved alternative;
• Recommend replacement of the equipment; or
• Decline the repair where it cannot be performed safely or legally.

The plan does not require Empower to replace an entire system because a part is unavailable.

14. Equipment Replacement

Protection Plans cover eligible repairs only. They do not include replacement of the furnace, air conditioner, heat pump, boiler, water heater, electrical panel, plumbing system or other major equipment.

Where Empower determines that equipment is unsafe, beyond economical repair, obsolete or not reasonably repairable, Empower may recommend replacement.

Any member discount applicable to replacement equipment will be shown on the Customer’s proposal. Repair credits have no cash value and cannot automatically be deducted from replacement equipment unless Empower approves this in writing.

15. Plumbing Coverage

Where plumbing coverage is included, it applies only to eligible residential plumbing components identified in the applicable plan and accessible without demolition or specialty work.

Unless specifically included, plumbing coverage excludes:

• Main sewer lines;
• Septic systems;
• Wells and well pumps;
• Water mains;
• Underground piping;
• Frozen pipes;
• Plumbing fixtures and cosmetic components;
• Damage caused by grease, foreign objects, roots, abuse or improper use;
• Water quality problems;
• Restoration after accessing concealed piping; and
• Water damage to the property or personal belongings.

16. Electrical Coverage

Where electrical coverage is included, it applies only to eligible residential electrical components identified in the applicable plan and located after the utility connection point.

Unless specifically included, electrical coverage excludes:

• Utility-owned equipment;
• Service upgrades;
• Electrical panel replacement;
• Code corrections;
• Knob-and-tube or aluminum wiring remediation;
• Generator or solar equipment;
• EV charging equipment;
• Low-voltage, alarm, communication or data systems;
• Damage caused by power surges or utility failure; and
• Opening or restoring walls, ceilings or finished surfaces.

17. Customer Responsibilities

The Customer must:

• Keep the account current;
• Provide accurate equipment and property information;
• Operate equipment according to manufacturer instructions;
• Complete normal Customer maintenance, including filter replacement;
• Maintain working smoke and carbon monoxide alarms;
• Provide safe, clear and reasonable access to all equipment;
• Ensure an adult is present where required;
• Notify Empower promptly of a problem;
• Stop operating unsafe equipment;
• Protect equipment from weather, water, pests and physical damage;
• Approve and pay for excluded or excess work; and
• Follow reasonable repair and safety recommendations.

Empower is not responsible for delays, additional costs or damage caused by the Customer’s failure to meet these responsibilities.

18. Unsafe Conditions

Empower may shut down or refuse to operate equipment where a technician identifies an unsafe condition.

Plan coverage does not require Empower to restore unsafe equipment to operation before the condition is corrected.

The Customer is responsible for the cost of correcting unsafe installations, code violations, venting problems, gas leaks, electrical hazards, structural issues or other conditions that are not covered by the plan.

19. Scheduling and Priority Service

Plan members receive priority over non-members for comparable service requests.

Priority service does not guarantee:

• Same-day service;
• A specific appointment time;
• Immediate emergency response;
• Availability during extreme weather or periods of unusually high demand; or
• Completion of a repair where parts are unavailable.

All appointments remain subject to technician availability, weather, traffic, parts, safety conditions and events outside Empower’s reasonable control.

20. Emergency and After-Hours Service

Emergency and after-hours service is available only where included in the selected plan and where Empower has a qualified technician available.

Empower determines whether a request qualifies as an emergency.

Phone support may be available 24 hours a day, but this does not guarantee 24-hour on-site attendance.

Non-covered after-hours work, specialty labour and repair amounts exceeding the available repair credit remain billable.

21. Member Discounts

Member discounts:

• Apply only while the plan is active and paid;
• Apply only to eligible products or services identified by Empower;
• Cannot be combined with another discount, promotion, rebate or special offer unless Empower approves otherwise;
• Do not apply retroactively;
• Have no cash value; and
• May exclude equipment, subcontracted work, permits, taxes, refrigerant and third-party charges.

The highest single applicable discount will be used unless otherwise stated.

22. Satisfaction Guarantee

Empower stands behind the quality of work performed by its technicians.

Where the Customer is not reasonably satisfied with completed maintenance or repair work, the Customer must notify Empower promptly and provide a reasonable opportunity for Empower to inspect and correct the work.

The satisfaction guarantee does not provide a refund merely because:

• The equipment experiences a separate or later breakdown;
• The Customer declines a recommended repair;
• A manufacturer part fails;
• The equipment is old, inefficient or obsolete;
• The problem is outside the plan; or
• The Customer prefers replacement instead of a technically appropriate repair.

Any refund is limited to the amount paid directly to Empower for the disputed service, subject to applicable law.

23. Fees, Taxes and Payment Authorization

Plan prices are subject to applicable taxes.

By enrolling, the Customer authorizes Empower or its payment processor to charge the recurring plan fee to the payment method provided.

Monthly fees are charged in advance. The Customer must maintain a valid payment method and notify Empower of any billing changes.

Empower may suspend plan benefits if a payment is declined, reversed or overdue.

The Customer remains responsible for unpaid amounts, services already received and any applicable returned-payment or collection costs permitted by law.

24. Price Changes

Empower may change plan pricing, benefits or plan structure by providing advance notice as required by applicable law.

A price change will apply to future billing periods after the effective date stated in the notice.

The Customer may cancel before the new price takes effect, subject to responsibility for benefits already received under Section 26.

25. No Long-Term Fixed Contract

Protection Plans are month-to-month unless the Customer’s enrollment confirmation expressly states otherwise.

The Customer may request cancellation at any time.

However, cancellation does not eliminate the Customer’s responsibility to pay for services, discounts, waived fees, maintenance visits, repair credits or other plan benefits already received, as described below.

26. Cancellation During the First 180 Days

Where the Customer cancels within the first 180 days of enrollment, Empower may calculate the regular retail value of all plan benefits already provided, including:

• Maintenance visits;
• Dispatch and diagnostic fees that were waived;
• Repair credits used;
• Discounts received;
• Duct cleaning or add-on services;
• After-hours attendance; and
• Any other service supplied under the plan.

The Customer will be charged the regular retail value of those benefits, less the plan fees already paid.

This adjustment is intended to prevent a Customer from enrolling only to receive an immediate discounted service and then cancelling.

No cancellation adjustment will exceed the reasonable retail value of benefits actually provided.

27. Cancellation After 180 Days

After the first 180 days, the Customer may cancel the plan without an early cancellation fee.

The Customer remains responsible for:

• Fees incurred before the cancellation effective date;
• Approved work already performed;
• Amounts exceeding repair coverage;
• Chargebacks or reversed payments; and
• Any other outstanding balance.

Monthly fees already charged are non-refundable except where required by law or approved by Empower.

28. How to Cancel

Cancellation requests must be made by contacting Empower Home Comfort at:

Phone: 1-800-375-8984
Email: [email protected]

The Customer should provide the account holder’s name, service address, phone number and requested cancellation date.

Cancellation is effective when processed by Empower. Stopping or replacing a credit card, disputing a valid payment or refusing access does not by itself cancel the plan.

29. Cancellation or Suspension by Empower

Empower may suspend or cancel a plan where:

• Payments are overdue;
• The Customer provides inaccurate or misleading information;
• The Customer or another occupant threatens or mistreats Empower personnel;
• The property or equipment is unsafe;
• Equipment is altered or serviced by another contractor in a way that affects coverage;
• The plan is used for commercial purposes without approval;
• The Customer abuses service-call privileges;
• Fraud or attempted fraud is suspected;
• Empower can no longer service the property; or
• Continuing the plan would be unreasonable or unlawful.

Where reasonably possible, Empower will provide notice of cancellation.

30. Moving or Selling the Property

Plans do not automatically transfer to a new owner or a different property.

The Customer must contact Empower before moving or selling the property.

Subject to inspection, service area and plan availability, Empower may approve:

• Transfer of the plan to the Customer’s new property;
• Transfer to the property’s new owner; or
• Cancellation of the plan.

Any repair credit or unused benefit remains non-refundable and has no cash value.

31. Manufacturer and Third-Party Warranties

The Protection Plan does not replace any manufacturer, installer or third-party warranty.

Empower may require the Customer to use an available manufacturer warranty before applying plan repair credit.

The Customer remains responsible for:

• Manufacturer processing fees;
• Shipping;
• Warranty administration;
• Labour not covered by the manufacturer;
• Refrigerant;
• Diagnostic work;
• Travel or access charges; and
• Any other excluded costs.

Empower does not guarantee approval by a manufacturer or third party.

32. Limitation of Liability

To the maximum extent permitted by law, Empower is not responsible for indirect, incidental, special, punitive or consequential damages, including loss of use, loss of income, food spoilage, frozen pipes, water damage, property damage, hotel costs or loss of comfort.

Empower’s total liability arising from a Protection Plan will not exceed the amount paid by the Customer to Empower under that plan during the 12 months immediately before the event giving rise to the claim, except where a different limitation is required by law.

Nothing in these Terms excludes liability that cannot legally be excluded.

33. Events Beyond Empower’s Control

Empower is not responsible for delay or failure caused by events beyond its reasonable control, including:

• Severe weather;
• Flood, fire or natural disaster;
• Government restrictions;
• Labour disruption;
• Utility interruption;
• Supply-chain delays;
• Parts shortages;
• Manufacturer delays;
• Road closures;
• Public-health emergencies; or
• Unusually high seasonal service demand.

34. Changes to Equipment or Service Address

The Customer must notify Empower if:

• Equipment is replaced;
• Equipment is relocated;
• Another contractor performs material work;
• The property use changes;
• Ownership changes; or
• The service address changes.

New or replacement equipment is not automatically enrolled and may require inspection, revised pricing or a new plan.

35. Privacy and Communications

Empower may collect, use and retain Customer information for:

• Plan administration;
• Scheduling;
• Billing;
• Service history;
• Warranty processing;
• Customer support; and
• Other purposes permitted by Empower’s privacy policy and applicable law.

Operational messages relating to appointments, billing, safety, plan administration or service are separate from optional marketing communications.

36. Entire Agreement

These Terms, the Customer’s enrollment confirmation and any written equipment or coverage schedule form the complete agreement regarding the Protection Plan.

Sales discussions or verbal statements do not change the agreement unless confirmed in writing by Empower.

37. Severability

If any part of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

38. Waiver

A failure by Empower to enforce a provision on one occasion does not waive Empower’s right to enforce it later.

39. Governing Law

These Terms are governed by the laws of the Province of Ontario and the applicable federal laws of Canada.

Any dispute will be handled in the courts or tribunals having jurisdiction in Ontario, subject to the Customer’s rights under applicable consumer-protection legislation.

40. Contact Information

Questions, service requests and cancellation requests may be directed to:

Empower Home Comfort Inc.
241 Applewood Cres, Unit 6
Concord, Ontario L4K 4E6
Phone: 1-800-375-8984
Contact page: https://www.empowerhomecomfort.ca/contact-us/