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The HomeBert Promise
We stand by the quality of the Plan Services and the Third-Party Services. We understand, however, that unexpected things can and do sometimes happen and we hope to help ensure your HomeBert experience continues to be an experience you would feel comfortable recommending to others. Accordingly, at HomeBert, we voluntarily stand behind our Plan Services and the Third-Party Services (each, a “HomeBert Service”) with the HomeBert Promise, so you can be confident you’re getting a high level of service at a great value. These HomeBert Promise terms (these “HomeBert Promise Terms”) set forth the benefits, eligibility requirements, and procedure for filing a claim under the HomeBert Promise.
These HomeBert Promise Terms are to be read in conjunction with the HomeBert Terms of Service located at www.homebert.com/terms-of-service (the “Agreement”) and are incorporated by reference therein. Undefined capitalized terms used herein have the same meanings as such terms are given in the Agreement.
1. About the HomeBert Promise. If you are not reasonably satisfied with the performance of a HomeBert Service, you may submit a claim (a “Claim”) to us in accordance with these HomeBert Promise Terms. If we determine, in our sole discretion, that your Claim meets all eligibility requirements (“Eligibility Requirements”) as provided herein, we may, at our sole discretion and pursuant to the terms provided herein, seek to fix the problem in a manner determined by us, which may include using the same or another HomeBert Service Technician or HomeBert Service Professional, as applicable, to attend the premises and fix the problem, or otherwise reimbursing you for the amount you have paid for the HomeBert Service in kind or by applying Credits to your User Account.
2. Eligibility Requirements. We reserve the right to review or consider only those Claims that meet all Eligibility Requirements provided herein and are under no obligation to review or consider a Claim or notify a User who has filed a Claim that does not meet the Eligibility Requirements as follows:
a. HomeBert User Account and Compliance. You must be and at all times during the Claim process remain (i) enrolled in the Plan in respect of the premises that is the subject of your Claim and (ii) in full compliance with the Agreement (including these HomeBert Promise Terms).
b. Payment for HomeBert Service. You must have paid in full for the HomeBert Service that is the subject of your Claim and there must not be any due but unpaid fees associated with your User Account. Your Claim will not be eligible for the HomeBert Promise if you seek to stop payment for any HomeBert Service, such as by contesting or refusing the related charge to your credit card.
c. Requests. The service that is the subject of your Claim must be a HomeBert Service coordinated through your User Account or by phone call by calling HomeBert Customer Service at (1-416-986-4617) or by email by contacting support@HomeBert.com (the “Valid Contact Methods”). For clarity, any work done by a HomeBert Service Technician or HomeBert Service Professional, as applicable, that was organized by direct contact or follow up with such HomeBert Service Technician or HomeBert Service Professional, as applicable, by phone call, text, or otherwise is not considered a HomeBert Service. Your Claim will not be eligible for the HomeBert Promise if you connected with a HomeBert Service Technician or HomeBert Service Professional, as applicable, to provide any part of the HomeBert Service that is the subject of your Claim by any method other than a Valid Contact Method.
d. Performance of HomeBert Service. All work done pursuant to the HomeBert Service that is the subject of your Claim must have been performed by a HomeBert Service Technician or a HomeBert Service Professional in their respective capacities as such. If, in connection with the HomeBert Service underlying your Claim, you choose to hire or contract with additional worker(s) without making a request through your User Account or without contacting us by a Valid Contact Method, your Claim will not be eligible for the HomeBert Promise.
e. No Alterations or Modifications. You must not alter or modify any parts, equipment, service or work provided by the HomeBert Service Technician or HomeBert Service Professional, as applicable, except to the extent reasonably necessary to minimize damage to the premises resulting from your Claim. If we determine, in our sole discretion, that you have materially altered or modified any of the work performed or parts or equipment provided by the HomeBert Service Technician or HomeBert Service Professional, as applicable, relating to your Claim and that your alteration or modification in any way contributed to the problem or issue, your Claim will not be eligible for the HomeBert Promise.
f. No Work or Recommendations Declined. If, during the performance of the HomeBert Service, the HomeBert Service Technician or HomeBert Service Professional, as applicable, makes reasonable recommendations to address the problem identified in the Claim or any other problems that may have been discovered in the course of the performance of the HomeBert Services (the “Recommended Services”) and you declined the Recommended Services, or any part thereof, your Claim will not be eligible for the HomeBert Promise to the extent we determine, in our sole discretion, that the Recommended Services may have addressed part or all of your Claim.
g. Claim Submitted Within Thirty Days. If you choose to submit a Claim under the HomeBert Promise, you must do so in accordance with the process described herein and within thirty (30) days after the last day of work performed as logged by the HomeBert Service Technician or HomeBert Service Professional, as applicable, on the HomeBert Service. Any Claims filed after the 30-day deadline will not be eligible for the HomeBert Promise.
h. No Independent Recourse. In respect of Third-Party Services, you must not have already received compensation or another remedy directly from the applicable HomeBert Service Professional for the issue that is the subject of your Claim. In addition, you must not at any time during the Claim process seek recourse directly from the applicable HomeBert Service Professional for the issue that is the subject of your Claim.
3. Filing and Processing a Claim. If you wish to file a Claim, you may email us at support@HomeBert.com and provide the following information: your name and address; a complete description of the HomeBert Service that is the subject of the Claim, work performed, and the problem arising therefrom; and, such other information or documentation (including photos) reasonably required to assess your Claim. Any discretion, review, determination, option, right, choice or decision exercisable by us hereunder and throughout the Claim process will be at our sole discretion, regardless of whether the phrase “in our sole discretion” is used or not. By filing a Claim, you agree to timely provide all additional information or documentation as we may reasonably request from time to time and represent and warrant to us that all information you provide during the Claim process is accurate, complete, and fairly represents the problem underlying your Claim. You further agree that we may, and authorize us to, share your Claim and any information you provide us in connection with the Claim with the applicable HomeBert Service Technician or HomeBert Service Professional, as applicable. We reserve the right to determine if the evidence you provide is reasonable and sufficient to process your Claim in accordance with these HomeBert Promise Terms and to request additional information relating to your Claim at any time. You agree that your rights under the HomeBert Promise will be subject to your providing us with all requested information. On a commercially reasonable efforts basis, we will address your problem as soon as reasonably practicable, but you acknowledge that it may take up to [six weeks] from the time you submit your Claim and all required documentation to complete resolution of your Claim. You agree that we will have no liability for any failure to resolve or make payment for your claim within this projected time period. Further, you understand and agree that if you fix or repair (or hire another service provider to fix or repair) any problem that resulted in the filing of your original Claim with us prior to us processing and resolving your Claim, your Claim will be automatically disqualified and you will be ineligible to receive any protection or payment from us for that Claim, unless such fix or repair was necessitated by exigent circumstances (such as loss of electricity or water, or water damage), as we so determine. When we receive your Claim, we will decide whether it is eligible for protection under the HomeBert Promise (an “Eligible Claim”). If your Claim is an Eligible Claim, we will choose the appropriate resolution. We reserve the right to determine that your Claim is not an Eligible Claim and may, though are under no obligation to, notify you of your Claim’s ineligibility by email to the email address you have provided in your User Account.
4. Remedying Your Eligible Claim. If we decide that your Eligible Claim has merit, we may, in our sole discretion, attempt to remedy the problem by: by sending HomeBert Service Technicians or HomeBert Service Professionals, as applicable, to you at our expense; providing a Credit to your User Account that you may put towards future HomeBert Services; pay you the amount you originally paid for the HomeBert Service; or provide such other remedy or combination of remedies as we determine may fix or help fix the problem. Notwithstanding the foregoing, and without in any way restricting the limits and exclusions set out in the Agreement, the maximum amount we will incur, reimburse, or credit you for a Claim under the HomeBert Promise will not exceed $1,000 in the aggregate or the total amount paid by you for the HomeBert Service, whichever is lower, regardless of the amount of damage claimed. If we decide to remedy the problem or seek alternative estimates for repair of the problem, you agree that you will cooperate with such efforts, including providing access to the premises, meeting with the HomeBert Service Technician(s) or HomeBert Service Professional(s), as applicable and as identified by HomeBert, to correct the identified problem(s), and providing complete and accurate information to any necessary third party about the HomeBert Service and your attempts to resolve the Claim. We reserve the right to remedy your Eligible Claim under the HomeBert Promise, if at all, in the manner we determine, including by paying arranging for the HomeBert Service Technician or HomeBert Service Professional, as applicable, to fix the problem, by mailing you a check, or by otherwise crediting your User Account, including with Credits.
5. Waiver and Release. You understand and agree that we are voluntarily offering the HomeBert Promise and are under no obligation to do so under the Agreement. Apart from these HomeBert Promise Terms and our obligation to perform hereunder, if applicable, we have no obligation to provide you with protection under the HomeBert Promise and any act on our part to do so is for the sole purpose of providing a satisfactory customer service to our Users. Any remedy or protection we may choose to provide your Eligible Claim under the HomeBert Promise, if at all, is subject to your execution of a waiver and release (“Waiver and Release”) in the form we provide to you. In this Waiver and Release you understand and agree that you will waive, release, and forever discharge us from and against any and all manner of liabilities, claims, demands, suits, damages (including direct, indirect, special, punitive, incidental and consequential damages), costs, expenses, debts, actions and causes of action of any kind or nature whatsoever related to or arising from the Claim.
6. Voluntary Offer. The HomeBert Promise is a voluntary offer from us and in no way restricts the limits and exclusions provided in the Agreement or changes or expands our role in relation to the Third-Party Services. We in no way accept responsibility for any work performed by a HomeBert Service Professional and expressly disclaim any contractual relationship in a User’s agreement with a HomeBert Service Professional facilitated by the Platform.
7. Termination of HomeBert Promise and Effect of Amendment. We reserve the right, in our sole discretion, to terminate the HomeBert Promise at any time without notice. Any such termination will not affect the availability of the HomeBert Promise for HomeBert Services performed prior to such termination, but will be effective going forward as of the time the HomeBert Promise was terminated. If we choose to amend these HomeBert Promise Terms under the “Amendments and Access” section of the Agreement, we will post the revised HomeBert Promise Terms on this page at www.HomeBert.com and we will indicate at the bottom of such page the date of the last revision or modification. Revised HomeBert Promise Terms are effective on the date posted. However, the HomeBert Promise Terms in effect on the date that a HomeBert Service underlying a Claim was requested will apply to that Claim.
If you have any questions about the HomeBert Promise, you may email us at email@example.com.
LAST REVISED: January 11, 2022