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Terms of Service

These Terms of Service apply to the Network service from HomeServe USA Repair Management Corp. (HomeServe).  If you have any questions please contact HomeServe at 1-844-622-7072.

Benefits: You can call HomeServe’s service hotline at 1-844-622-7072 between the hours of 8am and 8pm Monday to Friday and 10am to 4pm Saturday and Sunday. A service representative will assist you in scheduling a technician from HomeServe’s network to come to your property for your repair, replacement or installation job.

Satisfaction Guarantee: 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.  

Payment of Work Performed and Other Fees: You must pay the technicians directly for the work performed.  Additional fees, such as a call-out fee, may apply, subject to your agreement with the technician used.

Privacy Policy: Any information you provide to HomeServe will be accessed, collected, used, transmitted, disclosed, stored, maintained and otherwise handled by HomeServe or its group of companies to administer your service including, but not limited to, disclosing your address, telephone number, and other contact information to third parties who conduct services on its behalf. HomeServe and its group of companies and their selected partners may also use your information to keep you informed by mail, telephone or email of any products or services that they consider may be of interest to you. For further details on how HomeServe uses your information, please see its Privacy Policy at www.homeserveusa.com/Customer_Data_Privacy_Policy.html. Please contact HomeServe if you have any questions or concerns about its Privacy Policy, or how HomeServe is using your information, or to update your privacy preferences.

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

Responsibility of your Utility Company: You may have been referred to this Network service by your Utility Company; however, your Utility Company has no responsibility whatsoever for the services provided under these Terms of Service.

Responsibility for work performed: The technicians HomeServe uses are independent contractors not affiliated with HomeServe and are solely responsible for the work performed under these Terms of Service. HomeServe and its parents, successors, affiliates and their respective officers, directors, employees and agents (HomeServe Entities) shall not have any liability arising out of any services provided under these Terms of Service.  HomeServe makes no warranty, express or implied. To the extent permitted by applicable law, (1) You agree that no HomeServe Entity shall be liable for: (a) any actual losses or direct damages; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, and (2) these limitations and waivers shall survive indefinitely. You may have other rights that vary from state to state.

Arbitration: YOU AND HOMESERVE AGREE TO RESOLVE DISPUTES ONLY BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT as follows:

  1. EXCEPT FOR SMALL CLAIMS COURT CASES THAT QUALIFY, ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THESE TERMS OF SERVICE 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 FINAL AND BINDING ARBITRATION BY ONE OR MORE ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), OR ANOTHER ARBITRATION ADMINISTRATOR THAT WE MUTUALLY AGREE UPON. Arbitration will apply not only to claims against HomeServe, but also claims against its officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns. Arbitration and this paragraph shall apply to claims that arose at any time, including claims arising before this paragraph became binding on the parties. The federal arbitration act (9 U.S.C. §§ 1 et seq.) and not any state law applies to this agreement.
  2. For claims of $10,000 or less, the party bringing the claim can choose to proceed by way of binding arbitration pursuant to the AAA’s rules or, alternatively, can bring an individual action in small claims court.
  3. YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.  This means that you may not be a representative or member of any class of claimants or act as a private attorney general in court or in arbitration with respect to any claim. Notwithstanding any other provision of these Terms of Service, the arbitrator shall not have the power to determine that class arbitration is permissible. The arbitrator also shall not have the power to preside over class or collective arbitration, or to award any form of class-wide or collective remedy. Instead, the arbitrator shall have power to award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. No class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under these Terms of Service.
  4. HomeServe will pay any filing fee, administration, service or case management fee, and arbitrator fee that the AAA charges you for arbitration of the dispute, up to a maximum of $1,500; provided, however, that the arbitrator may award costs and expenses to any party, if allowed by law. If you provide HomeServe with signed written notice that you cannot pay the filing fee, HomeServe will pay the fee directly to the AAA.
  5. If for some reason the prohibition on class arbitrations in Subsection c cannot be enforced, then the agreement to arbitrate will not apply.
  6. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND HOMESERVE AGREE THAT THERE WILL NOT BE A JURY TRIAL. You and HomeServe unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating in any way to these Terms of Service or from any other agreement between you and HomeServe, or the services or benefits you receive or claim to be owed from HomeServe, including as to claims asserted against any of its officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns.