Terms and Conditions

Congratulations on purchasing this Service Plan. Please read these Terms and Conditions carefully so that You fully understand Your coverage under this Service Plan. BEFORE CONTINUING, SERVAPLAN, INC. IS NOT AN “INSURANCE” OR “WARRANTY”.


DEFINITIONS

"We", "Us" and "Our" shall mean the obligor of this Service Plan, Servaplan, Inc. Administrator shall mean Servaplan, Inc. located at 405 RXR Plaza, Suite 405, Uniondale, NY 11556. "You", "Your" shall mean the individual or entity who purchased this Service Plan or the individual or entity to whom this Service Plan was properly transferred in accordance with these Terms and Conditions.

The following terms are used in the Order Summary


COVERAGES AND TERMS

This Service Plan will cover a mechanical or electrical failure of the Covered Product(s) in subsections A, B, C and D below during normal usage for the Term of this Service Plan.. This Service Plan is inclusive of any manufacturer's warranty that may exist during the Coverage Term. It does not replace the manufacturer's warranty, but provides certain additional benefits during the term of the manufacturer's warranty. Replacement parts will be new, rebuilt or non-original manufacturer's parts that perform to the factory specifications of the product at Our sole option.

This Service Plan does not cover repair or replacement of Your Product for any of the causes or provide coverage for any losses set forth below in Section 8, "WHAT IS NOT COVERED." Specific details about Your coverage under this

Service Plan are provided in the Order Summary.

A. CELL PHONES AND TABLETS:


WHAT TO DO IF A COVERED PRODUCT REQUIRES SERVICE

File a claim can be made by utilizing our automated service OR by emailing us at claims@servaplan.com and explain the problem. We will attempt to troubleshoot the problem You are experiencing. If we cannot resolve the problem, You will be directed to an authorized service center.


HOW WE WILL SERVICE YOUR PRODUCT

Depending on the Product and failure circumstances, We will either, at Our discretion: A. Repair Your Product, or; B Provide a cash settlement or a Gift Card reflecting the replacement cost of a ne product of equal features and functionality up to the Coverage Amount, or; C Replace Your Product with a product of like, kind, quality and functionality.


PLACE OF SERVICE

At Our discretion, large items will receive on-site service. Within five (5) business days of determining Your Product requires on-sit service, We will assign You an authorized service center technician and arrang to repair or replace the Product at Your location during normal business hours. I We fail to have an authorized service center technician assigned within five (5 business days, We will continue to service Your Product and the cost of You Service Plan will be refunded to you at Your request. On-site service ma occasionally necessitate the authorized service center technician to bring th Product back to their shop to complete repairs. For shippable items, We wil provide a free prepaid shipping label to Our authorized service center for repair replacement or settlement. You will be responsible for safe packaging an shipment of Your Product. If, upon inspection, Your Product is determined t have experienced a failure which is covered by Your Service Plan, We wil service Your Product, in accordance with Section 5, "HOW WE WILL SERVIC YOUR PRODUCT", within five (5) days of our authorized service center's receip of Your Product. If We fail to repair, payout or replace Product within five (5 business days of receiving it, We will continue to service Your Product and th cost of Your Service Plan will be refunded to You at Your request. If th authorized service center determines Your Product is in working condition or i not covered by Your Service Plan, We will return Your Product to You o dispose of it at Your request.


LIMIT OF LIABILITY

The total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Service Plan shall not exceed the Coverage Amount in which a NEW ITEM would b MSRP and if it a USED item, the amount you purchased the item for (in which the receipt would be required or proof of purchase from the vendor (e.g. Amazon EBay, Cell phone store receipt, etc and may be accepted or denied as proof a OUR discretion) . In the event that we make payments for repairs or replacements, which in the aggregate, are equal to the Coverage Amount, or i We provide a cash settlement reflecting the replacement cost of a new item o equal features and functionality, then We will have no further obligations under this Service Plan. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL O CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF AN PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY T RENDER SERVICE. IT IS YOUR RESPONSIBILITY TO BACK-UP ANY DATA.


YOUR RESPONSIBILITIES

A. Properly maintain, store and use Your Product according to the manufacturer instructions.


WHAT IS NOT COVERED

A. Any and all pre-existing conditions that occur prior to the Coverage Start Date of this Service Plan;
B. Intentional damage;
C. Lost, stolen, or irretrievable items; *unless theft and loss option was purchased
D. Any product that is fraudulently described or materially misrepresented against the manufacturer's warranty;
H. Claims made under any improperly or incorrectly purchased Service Plan.


NO LEMON POLICY

If Your Covered Product has two (2) service repairs completed for the same problem, and a third (3rd) repair is needed for the same problem, within any twelve (12) month period, the Covered Product will be replaced with a comparable product or a cash settlement will be provided. The cost of the replacement will not exceed Your Product's original purchase price.


FREE SHIPPING

This Service Plan covers all shipping charges to authorized service centers during the Coverage Term, including shipping to the manufacturer if the manufacturer does not cover shipping charges to their facilities.


WORLDWIDE SERVICE

The coverage provided in this Service Plan also applies when You travel outside of the United States. If Your Product needs repair while traveling abroad, You may file a claim online by emailing us at claims@servaplan.com to obtain a claim authorization number. At this time You will be instructed on how to proceed to obtain service and You will also receive a fax number and an email address for You to submit Your service repair invoice to Us after the repair is completed. Once You have obtained Your claim authorization number, You will need to carry Your Product into a service center and then submit to the Us a copy of the detailed service repair invoice that identifies Your Product, the claim authorization number, and includes a thorough description of the repair made. This documentation should be faxed or emailed to Us and the We will reimburse You within five (5) business days of receipt of all necessary paperwork, provided a covered repair was performed.


TRANSFER OF SERVICE AGREEMENT

This Service Plan may be transferred at no charge. To transfer contact us at transfers@servaplan.com.


CANCELLATION

You may cancel this Service Plan for any reason at any time. To cancel it, email us at sales@servaplan.com. If You cancel this Service Plan within the first thirty (30) days after purchase of this Service Plan You will receive a 100% refund of the purchase price of the Service Plan. If You cancel after the first thirty (30) days from purchase of this Service Plan, You will receive a pro rata refund based on the time remaining on Your Service Plan. No fees or past claims shall be deducted from the refund and the refund will be sent to You within ten (10) business days from the cancellation request or else a ten percent (10%) penalty per month shall be applied to the refund. We may cancel this Service Plan at Our option on the basis of nonpayment, fraud, or material misrepresentation by You. If We cancel Your Service Plan, You will receive a pro rata refund. If this Service Plan was inadvertently sold to You on a product which was not intended to be covered by this Service Plan, We will cancel this Service Plan and return the full purchase price of the Service Plan to You. Written notice which includes the effective date of cancelation and reason for cancellation, will be mailed to You at least 30 days prior to termination. If We cancel this Service Plan for nonpayment then We will provide notice at time of cancelation.


ARBITRATION

Any controversy or claim arising out of or relating to this Service Plan, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Under this Arbitration provision, We both give up the right to resolve any controversy or claim arising out of or relating to this Service Plan by a judge and/or a jury. Prior to filing any arbitration, We jointly agree to seek to resolve any dispute between us by mediation conducted by the AAA, with all mediator fees and expenses paid by Us. If You are successful in obtaining an arbitration award against us greater than $500, We agree to pay all arbitrator fees and expenses. We also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations against each other. The laws of the state of California (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Service Plan and all transactions contemplated by this Service Plan, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Service Plan. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties specifically agree to the binding nature of the arbitration.


GUARANTEE

This is not an insurance or warranty plan. Our obligations under this Service plan are guaranteed under Servaplan, Inc.


30% REFUND GUARANTEE

If no claim has been submitted by the end of the term of the policy (only available if loss and theft coverage was purchased) If no claims have made during the term of your service plan coverage, Servaplan shall refund 30% of your premium to You in a form of a check, pre-paid card, or credit for future purchases; at the choice of the customer. In order to redeem this refund, you must notify Servaplan, Inc. by mail how you would like the refund within 30 days of the end of the coverage. Please mail the request to Servaplan, Inc. ATTN: Refund Guarantee 405 RXR Plaza Suite 405, Uniondale, NY 11556.


Theft and Loss

We are not a warranty or insurance company, in the event of a loss or theft of your mobile phone, after providing a police report that is required in order for Servaplan to process your claim, we will then offer you a replacement at a discounted rate of $59 (regardless of mobile phone) using your premium therefore no cost to you, unless there is a deductible in which that will be your only cost.


Servaplan On-Demand

At the option of you, you may choose to utilize our Servaplan On-Demand option whereas we will send an iCracked certified iTech to your place of home or business to fix your device. This based on availability and location, any repairs preformed will come with a lifetime warranty on the repair.

By definition, warranty is a written guarantee given to the purchaser of a product by the manufacturer or dealer, usually specifying that the manufacturer will make any repair or replace defective parts free of charge for a period of time. In the case of either a repaired or replaced Covered Product, We do not indemnify or reimburse you unless you choose to you use your own , nor do we provide any service free of charge. We will either repair or replace your covered product at a discounted rate, which in both cases you will pay us a fee outlines in this agreement, in the form of the premium or the deductible.