PHCEid is focused on increasing public awareness that it is illegal to perform Plumbing, HVAC and Electrical work without the proper licensing and certification.
Our plumbing, heating and electric contractors have the education and experience to avoid installation mishaps that can compromise comfort and safety.
Only Registered Members have access to the PHCEid shop! Access to Truck Decals, License Plates, ID badges, Uniform Patches and a wide variety of Image Wear is available.
PHCEid is focused on increasing public awareness that it is illegal to perform Plumbing, HVAC and Electrical work without the proper licensing and certification. PHCEid arms individual Contractors with the proper identification marks to clearly state they are licensed or certified to do work within their trade area. By displaying these certification marks on trucks, uniforms, clothing, stationary and promotion items, it makes the public consumer aware, that the professional working on their home or business is licensed, or certified to do so.
PHCEid is an advocate for the Plumbing, Heating, Cooling and Electrical contractor to properly identify their profession for public awareness. These Professional Contractors have the license or certification to work in homes and businesses. Without the proper certification and licensing to become this skilled professional, it compromises the integrity of this specialized trade industry. These contractors are licensed or certified according to the codes and laws set forth by each governing state and/or entity. Licensed Contractors work in compliance with local and state codes set forth by their governing trade industry board.
This Agreement commences when Contractor has completed the Program registration, accepted the terms of the Agreement by checking the box “I have read and agree to the PHCEid Program Agreement,” and has paid all applicable Program fees. This Agreement will continue for a one (1) year period and will automatically renew for subsequent one (1) year terms unless either party gives at least sixty (60) days prior written notice of non-renewal.
Upon termination of license as to an elected Program entirely or in one or more Territories, Contractor must immediately cease using the associated Certification Mark entirely or within the affected Territories, as applicable. Upon termination of this Agreement in its entirety, Contractor must immediately cease all use of any and all Certification Marks. As applicable under the circumstances, Contractor must promptly: (i) destroy all physical materials bearing each affected Certification Mark or, only where feasible, remove or cover over the Certification Mark so that it is no longer visible; (ii) ensure that each affected Certification Mark is removed from Contractor’s public website or, only if and as applicable, the website is modified to accurately reflect the remaining identified Territories; and (iii) verify to PHCEid in writing signed by an officer or equivalent representative of Contractor within five (5) business days that the foregoing actions have been taken. All terms of this Agreement which, by their nature, are intended to survive termination of this Agreement will survive termination including all payment obligations, use restrictions, ownership terms, confidentiality obligations, indemnification obligations, disclaimers, and exclusions and limitations of liability.
Contractor must pay annual Program fees to PHCEid for each elected Program for each identified Territory as posted on PHCEid’s website (currently www.phceid.com) or otherwise communicated to Contractor. PHCEid may change the Program fees from time-to-time in its sole discretion on a prospective basis. Annual Program fees are non-refundable except as expressly provided in this Agreement and no credit will be given in the event Contractor changes its Program election or any identified Territory. All past due amounts will bear interest at the rate of 1.5% per month or such lower rate as is required by law. Contractor must pay any late payment charge upon remitting the principal amount to PHCEid and must pay all collection costs incurred by PHCEid. Returned checks are subject to non-sufficient fund fees. All amounts due are exclusive of taxes other than taxes on PHCEid’s net income.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE CERTIFICATION MARKS ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS OR OTHERWISE (INCLUDING ANY WARRANTY OF NON-INFRINGEMENT). TO THE EXTENT THAT A WARRANTY CANNOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
IN NO EVENT WILL PHCEID BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY CHARACTER (INCLUDING LOSS OF PROFITS OR GOODWILL) REGARDLESS OF THE LEGAL THEORY ASSERTED, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY USE BY CONTRACTOR OF ANY CERTIFICATION MARK, EVEN IF PHCEID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. PHCEID’S TOTAL AND AGGREGATE LIABILITY FOR ANY LOSS, COST, CLAIM OR DAMAGES IN CONNECTION WITH THE PEFORMANCE OR CONTEMPLATED PERFORMANCE OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE FEES PAID BY CONTRACTOR TO PHCEID IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. CONTRACTOR ACKNOWLEDGES AND AGREES THAT THE FEES CHARGED BY PHCEID IS A CONSIDERATION IN LIMITING PHCEID’S LIABILITY. THIS SECTION WILL NOT APPLY TO DAMAGES THAT CANNOT BE LIMITED OR EXCLUDED BY LAW, IN WHICH EVENT THE LIMITATION WILL BE THE MINIMUM AMOUNT REQUIRED BY LAW.
Contractor must obtain and maintain commercial general liability insurance in an amount that is commercially reasonable based on Contractor’s business operations.
Contractor grants PHCEid the limited right to list Contractor as certified under the elected Programs and in the identified Territories and use Contractor’s logo on PHCEid’s website, on publicly available lists, in media releases and in marketing communications. Upon termination of this Agreement for any reason, PHCEid will cease using Contractor’s name and logo; provided that PHCEid will have no obligation to remove Contractor’s name or logo from pre-existing printed materials and may continue to distribute such materials.
“Confidential Information” means proprietary information of PHCEid and includes third party proprietary information disclosed to PHCEid. Contractor must safeguard the confidentiality of the Confidential Information, including at a minimum, the precautions taken by Contractor to protect its own Confidential Information but in any event no less than reasonable precautions. Contractor must not disclose any Confidential Information to any third party without PHCEid’s prior written consent.
PHCEid may provide Contractor with written notice via postings on the PHCEid website, via email, via mail at the physical address in Contractor’s application, or any other means of communication through contact information provided by Contractor. Contractor will provide all notices by mail addressed to:
886 N. State Rd. 135 Suite A
Greenwood IN 46142
Attention: Legal Notice
Notices to PHCEid will not be effective until receipt. Any notices by Contractor that do not comply with the above requirements will have no force or effect. A party may change its address for notice by providing notice to the other party as provided in this Section.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, such provision will be considered stricken from this Agreement and the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. PHCEid’s failure to act with respect to a breach by Contractor of this Agreement does not constitute a waiver of PHCEid’s rights with respect to subsequent or similar breaches. Contractor may not assign or otherwise transfer any of its rights or obligations under this Agreement without PHCEid’s prior written consent. PHCEid will not unreasonably withhold such consent in the case of an assignment by Contractor in connection with a change of control consisting of the direct or indirect acquisition of either (a) the majority of the voting stock of Contractor or (b) all, or substantially all, of the assets, of Contractor. Any attempted assignment in breach of this Section is void.
The parties are independent contractors. Neither party may supervise the work of the other party’s employees, nor does any employer-employee relationship exist between a party and the other party’s employees or agents. There are no third party beneficiaries to this Agreement.
All remedies available to PHCEid will be cumulative and the specification of a remedy will not preclude PHCEid from pursuing other remedies available at law or in equity. Contractor acknowledges that Contractor’s breach of this Agreement may cause PHCEid irreparable harm that cannot be readily remedied by monetary damages and may constitute unfair competition and an infringement of PHCEid’s trademark rights. In such event, PHCEid will be entitled to an immediate injunction, in addition to all other available remedies, without posting of a bond.
The validity, construction and performance of this Agreement will be governed by US federal law and the laws of State of Indiana without regard to conflicts of laws principles. Any non-contractual cause of action that either party may assert, including for trademark infringement and unfair competition, will also be governed by US federal law and the laws of the State of Indiana without regard to conflicts of laws principles. Any dispute arising out of this Agreement must be filed and maintained in the state or federal courts located in Marion County, Indiana and must be brought within one (1) year after the cause of action has accrued. Contractor submits to the exclusive personal jurisdiction of such courts and agrees that such courts are a convenient forum for adjudication. Notwithstanding the foregoing, nothing in this Agreement will prevent PHCEid from seeking immediate injunctive relief against Contractor in the courts having jurisdiction over Contractor. The prevailing party in any suit will be entitled to recover its costs and reasonable attorneys’ fees for that part of the litigation for which it prevailed.
The headings of this Agreement are inserted only for convenience and will not be construed as a part of this Agreement. When used in this Agreement, the terms “include,” “includes,” and “including” are not limiting. References to the singular include the plural and vice versa.
This Agreement constitutes the entire agreement between PHCEid and Contractor concerning the subject matter of this Agreement and supersedes any prior or current understandings, whether written or oral. This Agreement cannot be amended by Contractor except in writing executed by both parties. PHCEid may revise these PHCEid Program Terms & Conditions, the PHCEid Program Criteria and the PHCEid Certification Mark Use Guidelines at any time in PHCEid’s sole discretion. PHCEid will endeavor to give reasonable email notice to Contractor of changes, but Contractor remains responsible for reviewing the website on a regular basis and maintaining compliance with the current PHCEid Program Terms & Conditions, PHCEid Program Criteria and PHCEid Certification Mark Use Guidelines. This Agreement is binding upon the parties and their successors and permitted assigns.
Why Should you display the Certification Mark?
It demonstrates to your customers and others that your management system meets the requirements of a given standard and has achieved the proper licensing or certification. Your certification is a valuable asset. We encourage you to promote your achievement and continue commitment to good management practice by displaying the plumbing certification mark as set out within the use guidelines.
When shall you display the Certification Mark?
When you receive your approval and the logo artwork appropriate to your certification status and standard. You will be provided with the applicable certification mark that you can provide to your printers to update your literature with the certification mark.
Where can you display the Certification Mark?
Where can you not display the Certification Mark?
On products, for example; the tangible product itself or its primary packaging, product certificates.
What size should the Certification Mark by displayed?
Can be reproduced in any size, always respecting the proportions of the mark.
What color should the Certification mark by displayed?
When the Mark is placed on a product 100% black is always acceptable, as well reversed in white.
General Regulations for Certification Mark placement.
Certification Mark Statement of Use:
The Certification Mark is allowable as long as a Contractor is in good standing with the state or country through the licensing board jurisdiction. The Contractor must be current with regard to license status. The Contractor must own and operate the business that has been issued the Certification Mark usage, and it is nontransferable, or if the business is closed or no longer in operation, the Certification Mark use is banned.