On-Demand Repair Terms of Service

PLEASE READ THE FOLLOWING TERMS CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A TRIAL BY JURY, AS A MUTUAL BINDING ARBITRATION AGREEMENT IS INCORPORATED.

These On-Demand Repair Terms of Service (“Terms”) apply to the on-demand Contractor referral services for residential homeowners (“Services”) from HomeServe USA Corp. (“HomeServe”). If you have an active plan from HomeServe, the terms and conditions of your plan will govern the Services, and these Terms shall not apply. If you have any questions, please contact HomeServe at 1-888-880-8598.

Ineligibility: Owners of mobile homes and owners of homes and/or properties zoned for commercial use are ineligible to request these Services from HomeServe.

Services: You can call HomeServe’s service hotline at 1-888-880-8598 between the hours of 7am and 12am EST Sunday through Saturday to request Services. A HomeServe service representative will assist you in referring and scheduling a technician from HomeServe’s contractor network (“Contractor”) to come to your home for a diagnostic and your repair, replacement, or installation (“Work”). The Contractors are local, licensed, and insured.

Service Call Fee and Payment for Work: There is a $75 fee for HomeServe to dispatch a Contactor to your home (“Service Call Fee”). If Work is completed by the Contractor, HomeServe will waive the Service Call Fee. For Work to be performed, the homeowner must be present at the property at the time the Work is scheduled. You must have a valid credit or debit card. Before any Work is performed by the Contractor, the Contractor will provide you with a quote for the Work (“Quote”), which will be inclusive of any applicable taxes where required by law. If you accept the Quote, the Contractor will proceed to perform the Work. Upon completion of the Work, HomeServe will call you to collect your credit or debit card number and facilitate your payment for the Work. If you decline the Quote and no Work is performed, HomeServe will call you to collect a credit or debit card number for your payment of the Service Call Fee. Please note that HomeServe only accepts payment by credit or debit card. Your failure to remit payment for the Work or the Service Call Fee may result in collections proceedings being initiated, including liens and judgements. You understand and agree that payment of the Service Call Fee, or for the Work, is due immediately.

Responsibility for Work Performed; Limited Liability: The Contractors are independent contractors and are not affiliated with HomeServe in any way and are solely responsible for the Work performed under these Terms. HomeServe makes no warranty, express or implied, as to the Contractors. To the fullest extent permitted by applicable laws, you agree that HomeServe and its parents, successors, affiliates and their respective officers, directors, employees and agents (“HomeServe Entities”) shall not have any liability, even if HomeServe has been advised of the possibility of the following liabilities and/or damages, to you or anyone else for: (a) any actual losses or direct damages as a result of, relating to in any way, or arising from (or alleged to have resulted from, related to, or arisen from) (i) Work performed for you by Contractor, (ii) your reliance on the Services; and (iii) any transaction or relationship between you and any Contractor; (b) any mechanics and/or material man’s liens arising in connection with any transaction or relationship between you and any Contractor, or Work performed for you by Contractor; or (c) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, including loss of use of your home or property, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in Work performed by Contractors, regardless of whether such damages were foreseeable. THESE LIMITATIONS AND WAIVERS SHALL SURVIVE INDEFINITELY. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Satisfaction Guarantee; Warranty Disclaimer: HomeServe wants its customers to be happy. If the Work performed is not completed to your total satisfaction, HomeServe will help to ensure the job gets done right. HomeServe will honor this for 12 months from the date the Work is performed. This is HomeServe’s Satisfaction Guarantee. HOMESERVE DISCLAIMS ANY AND ALL WARRANTIES, AFFIRMATIONS OF ACT, OR PROMISES, EITHER EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THESE TERMS. HOMESERVE MAKES NO WARRANTY THAT THE EQUIPMENT PROVIDED BY CONTRACTOR, IF ANY, IS MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE.

Privacy Policy: HomeServe is serious about the private nature of your personal data. Please carefully read HomeServe’s Privacy Policy, a link to which can be found at the bottom of every page at www.homeserve.com, to fully understand how HomeServe collects, shares, and protects personal data about you. You can also call HomeServe to request a copy.

Change of Terms: HomeServe may change these Terms by updating them on the HomeServe website and may delegate any of its obligations at its sole discretion at any time.

Jury Trial Waiver: IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND HOMESERVE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY. This jury trial waiver also applies to claims asserted against any of the officers, directors, managers, employees, agents, affiliates, insurers, technicians, approved technicians, successors or assigns of HomeServe. The parties agree that any party bringing a claim may choose to bring an individual action in small claims court instead of arbitration, so long as the claim is pursued on an individual rather than a class-wide basis and that no party may participate in a class action lawsuit. In addition, if, notwithstanding the Arbitration Agreement, a claim proceeds in a court of general jurisdiction instead of arbitration, the parties agree that they will not bring or participate in a class action lawsuit.

Arbitration Agreement: YOU AND HOMESERVE AGREE TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION as follows:
A.  ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THESE TERMS OR FROM ANY OTHER AGREEMENT BETWEEN YOU AND HOMESERVE OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM HOMESERVE, WILL BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS. For purposes of this Arbitration Agreement, “you” and “your” refers to all members residing at the home where Work is performed, and each of those individuals is an intended beneficiary of both this Arbitration Agreement and these Terms. This Arbitration Agreement applies to claims no matter when they arose, including claims that arose before you requested Services from HomeServe. This Arbitration Agreement also applies to claims involving past, present, or future officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of HomeServe. In addition, this Arbitration Agreement covers any claims against HomeServe that you may assign or subrogate to an insurer. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules, and, if applicable, its Mass Arbitration Supplementary Rules, as modified by this Arbitration Agreement. The Federal Arbitration Act applies. Unless you and HomeServe agree otherwise, any arbitration hearings will take place in the county where you reside.
B.  A party may commence an arbitration proceeding only if the parties do not reach an agreement to resolve the claim during the Informal Resolution Period.
1.   You may commence the arbitration process by first sending HomeServe, and HomeServe may commence by first sending you, a written notice of claims (“Notice”) and then engaging in good faith negotiations of the claims in an effort to resolve them without the need for arbitration proceedings. A party’s Notice must include their: (1) name; (2) mailing address; (3) email address; (4) telephone number; (5) description of claim(s) (including, where applicable, specific dates); (6) specific relief sought; (7) physical or electronic signature; and if the party hired an attorney, (8) signed statement authorizing the other parties to disclose the party’s account records to the attorney for the other parties if necessary. Your Notice should be sent to HomeServe by certified mail at 7134 Lee Highway, Chattanooga, TN 37421. HomeServe’s Notice should be sent to the address HomeServe has on file for you.
2.  A party can request a telephone or video call with the other parties for an informal attempt to resolve the claim within 60 days after a party’s Notice is sent (“Informal Settlement Conference”). If timely requested, the parties will work together to select a time and place or method for the Informal Settlement Conference. The parties’ business representatives (if any) must participate in a good faith effort to settle the claims of the party who sent the Notice. The parties’ attorneys may also participate, if applicable.
3.   A party’s right to file for arbitration with the AAA will be paused until 30 days after the Informal Settlement Conference (“Informal Resolution Period”). If the parties are not able to resolve the claim to the satisfaction of the party who sent the Notice within the Informal Resolution Period, that party may commence arbitration proceedings with the AAA. Any applicable statute of limitations or contractual limitations period(s) related to the claims in your Notice will be paused during the Informal Resolution Period.
4.   A PARTY MUST PROVIDE A NOTICE, PARTICIPATE IN THE INFORMAL SETTLEMENT CONFERENCE AND WAIT UNTIL THE INFORMAL RESOLUTION PERIOD HAS ELAPSED BEFORE COMMENCING AN ARBITRATION PROCEEDING. If any aspect of these requirements has not been met, the parties agree that a court can prevent any party from filing and/or prosecuting an arbitration, and, unless prohibited by law, the arbitration administrator shall not accept or administer an arbitration nor assess fees in connection with such arbitration.
C.  THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS. By requesting Services from HomeServe, all parties are waiving their respective rights to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a claim only on your own behalf and cannot seek, nor may an arbitrator award, relief that would affect other parties. If a court decides that applicable law prevents enforcement of any of this Section C as to any of your claims or requested relief, then those specific claims or requests must be removed from arbitration and you may bring them in court.
D.  HomeServe will reimburse you at the conclusion of the arbitration proceeding for any fees that the AAA charges you for arbitration of the claim, so long as you complied with the entirety of the terms of this Arbitration Agreement and your claim was not determined to be frivolous or brought for an improper purpose by an arbitrator or judge.
E.  If 25 or more customers similarly situation to you submit notices or seek to file arbitrations raising claims similar to yours and are represented by the same or coordinated counsel (regardless of whether the cases are submitted at the same time), all of the cases must be resolved in arbitration in stages using staged test trial, or “bellwether,” proceedings if they are not resolved during their Informal Resolution Periods. You agree to this process even though it may delay the arbitration of Your claims.
1.  In the first stage, each side shall select 20 cases (40 cases total) to be filed in arbitration and resolved individually by different arbitrators, with each case assigned to an arbitrator from the state in which the service agreement holder resides In the meantime, no other cases may be filed in arbitration, and the AAA shall not accept, assess or demand fees for, or administer arbitrations that are commenced in violation of this section E. The arbitrators are encouraged to resolve the cases within 120 days of appointment or as swiftly as possible.
2.  If the remaining cases are unable to be resolved after the conclusion of the first stage bellwether proceeding, each side shall select up to another 20 cases (40 cases total) to be filed in arbitration and resolved individually in accordance with this Arbitration Agreement. During this second stage, no other cases may be filed in arbitration.
3.  If any claims remain after the second stage, this process will be repeated until all claims are resolved through settlement or arbitration, with two alterations:
• First, a total of 60 cases may be filed each round (unless a higher number of cases is mutually agreed upon in writing).
• Second, arbitrators who were assigned cases in previous rounds may be appointed to new cases
4.  If this section E applies to your Notice, your claims and requested relief shall be paused from the beginning date of your Informal Resolution Period until your Notice is selected for a bellwether proceeding, withdrawn, or otherwise resolved.
5.  A court will have authority to enforce this section E, including to enjoin the filing, assessing or demanding fees for, administration of, or prosecution of arbitrations
6.  This Section E and each of its requirements are intended to be severable from the rest of this Arbitration Agreement. If Section E or any portion of it is determined to be unenforceable, then the remainder of the Arbitration Agreement shall continue in full force and effect.
F.  BY AGREEING TO ARBITRATION, THE PARTIES ARE WAIVING THEIR RIGHT TO PROCEED IN COURT AND TO A JURY TRIAL.
G.  Notwithstanding this Arbitration Agreement, any party bringing a claim may choose to bring an individual action in small claims court instead of arbitration, so long as the claim is pursued on an individual rather than a class-wide basis.