Key Terms:
We, Us, and Our means (i) Helping American Homeowners Association (“H.A.H.A.”) P.O. Box 813, Syosset, NY 11791, in its capacity as Administrator and manager of the benefits owed under this Service Agreement. You may contact us at the foregoing address or by calling us at 1-844-GET-HAHA (H.A.H.A.).
You and Your means Service Agreement Holder listed on the Declaration Page.
Reinstatement means back-filling of any necessary outside excavation to leave the ground level.
Emergency Breakdown means the sudden failure to the Interior Plumbing & Drainage Lines due to defects in workmanship and/or materials, breakdowns due to normal wear and tear, or breakdowns arising in the course of ordinary functioning and usage, which immediately:
a.) Exposes You to a risk to Your health.
b.) Creates a risk of or damage to Your property or any of Your belongings normally contained within the property; or
c.) Makes Your home uninhabitable.
Provider means the party obligated to perform under the terms of the contract.
Service Agreement Fee means the amount you paid for this agreement.
Service call(s) means repair or replacement or unblocking work performed by a licensed plumber or licensed service provider to diagnose and eliminate a single covered Emergency Breakdown.
RESPONSIBILITY FOR BENEFITS OWED TO YOU
H.A.H.A. is the service contract issuer and provider responsible for the performance of contractual obligations under the Service Agreement, including service performance and payment of cost of any benefits owed to You under the Agreement. H.A.H.A. has designed the protection program provided to You under this Service Agreement, and manages and administers the delivery of benefits owed to You under the Agreement. H.A.H.A. will be responsible for reviewing, processing and adjusting any claim You may have for benefits under this Service Agreement. H.A.H.A. will serve as your ordinary point-of-contact for any questions or concerns you may have with respect to Your Service Agreement. Obligations under this Service Agreement are subject to, and modified by, the allocation of responsibilities set forth in this paragraph, unless otherwise indicated for residents of Your state as detailed in the applicable states disclosures attached to this Agreement.
SERVICE AGREEMENT
This Service Agreement is only valid after Our acceptance of the application and receipt of payment.
This Service Agreement continues for One (1) Year from the effective date listed on the Declaration Page. However in the first year of coverage you may not make a Service call within (30) days of the effective date listed on the Declaration Page. Payment is due the same time You sign up and must be received by Us for Your Service Agreement to be effective. This Service Agreement will renew for a term of 12 months and will continue to renew for like terms unless cancelled within 30 days of the end of the term of your current agreement or cancelled as provided in this Service Agreement.
This Service Agreement will only cover systems for which You have responsibility.
EMERGENCY BREAKDOWN SERVICE
During the Service Agreement coverage term, We agree, in the event of a covered Emergency Breakdown, to arrange and pay for a licensed plumber or licensed service provider to provide a Service call in most cases within 48 hours to the following, subject to the type of coverage you have selected. This is shown on the Declaration Page.
Interior Plumbing & Drainage lines
If You have an Emergency Breakdown to Your interior plumbing & drainage lines from the point at which they cross the inner vertical wall of the building on Your property for which You have responsibility, You should call the Emergency Service Hotline.
Covered Emergency Breakdown includes but is not limited to:
1) Drain jetting or snaking to clear blockage
2) Relining of cracked Line
3) Rebuilding of collapsed line
YOUR DUTIES
We will not pay for any Service performed without Our prior approval. Notice of any Emergency Breakdown must be given to the Administrator upon discovery and during the coverage term.
In the event of an Emergency Breakdown under this Service Agreement, You must:
a) Call the Emergency Service Hotline immediately at 1-844-GET-HAHA
b) Cooperate and assist the Administrator in any matter concerning a covered Emergency Breakdown.
c) Provide the licensed plumber or licensed service provider with access to Your property.
d) You must take every precaution to protect the property until the necessary repair or replacement or unblocking is authorized by the Administrator and the work is completed.
We will make payment directly to the licensed plumber or licensed service provider after the work is completed. In some cases, it may be necessary for You to pay for the Service call, in which case, We will reimburse You when We receive Your paid invoice(s) and process Your payment.
EXCLUSIONS
We are not responsible for any of the following:
a) THAWING OF TEMPORARILY FROZEN PIPES WHICH HAVE NOT RESULTED IN AN EMERGENCY BREAKDOWN;
b) ANY EMERGENCY BREAKDOWN WHICH EXISTED PRIOR TO, OR WAS CAUSED BY A CONDITION WHICH EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT;
c) EMERGENCY BREAKDOWN CAUSED BY FAULTY CONSTRUCTION, IMPROPER MAINTENANCE OR A LACK OF MAINTENANCE.
d) EMERGENCY BREAKDOWNS ARISING FROM A CONTROLLABLE LEAK WHERE YOU COULD HAVE CONTAINED OR SHUT-OFF THE LEAK YOURSELF;
e) SWIMMING POOLS OR DECORATIVE FEATURES (SUCH AS PONDS, FOUNTAINS AND ANY ASSOCIATED EQUIPMENT), SUMP PUMP, VACUUM DRAINAGE SYSTEMS, SEPTIC SYSTEMS (including Leach fields), SPA, SPRINKLER SYSTEMS, WATER SOFTENER AND WASTE DISPOSAL UNITS;
f) REPAIR AND/OR REPLACEMENT COSTS OF; WATER TANKS, WATER HEATERS, RADIATIORS, BATHROOM FITTINGS (E.G. TOILET BOWLS AND BATHS) AND SINKS.
g) REPAIR OR REPLACEMENT OR UNBLOCKING OF COVERED PARTS, EQUIPMENT AND/OR SYSTEMS DUE TO THE GRADUAL REDUCTION IN PERFORMANCE CAUSED BY NORMAL WEAR AND TEAR WHERE AN EMERGENCY BREAKDOWN HAS NOT OCCURRED;
h) EMERGENCY BREAKDOWN TO PROPERTY HAVING REMAINED UNOCCUPIED FOR MORE THAN (30) DAYS, EXCEPT WHERE THE EMERGENCY BREAKDOWN IS A BURST INTERNAL WATER PIPE CAUSED BY FREEZING, THE PROPERTY MUST HAVE BEEN OCCUPIED AT THE TIME THE EMERGENCY BREAKDOWN OCCURRED, AND THE BUILDING HEATING MUST HAVE BEEN IN OPERATION;
i) REPAIRS OR REPLACEMENT WHEN PARTS ARE OBSOLETE;
j) COSTS TO CORRECT OR UPGRADE ANY PART, EQUIPMENT AND/OR SYSTEM IN ORDER TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAWS, REGULATIONS, ORDINANCE OR UTILITY REGULATIONS;
k) COSTS ASSOCIATED WITH TREATMENT, REMOVAL, RECOVERY, OR DISPOSAL OF HAZARDOUS MATERIAL;
l) REPAIR OR REPLACEMENTS OR UNBLOCKING WITHOUT OUR PRIOR AUTHORIZATION
m) REPAIR OR REPLACEMENTS OR UNBLOCKING ARISING FROM MANUFACTURER’S RECALLS, DEFECTS OR CLASS ACTION SUITS;
n) COST OF CLOSING WALLS, FLOORS OR CEILINGS;
o) COST OF REPLACING AND REINSTALLING (INCLUDING BUT NOT LIMITED TO: CARPETS, CABINETS, KITCHEN ASSEMBLES, PANELING, STUCCO, WOOD, TILE, WALL PAPER, FIXTURES, FITTINGS, MIRROS);
p) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
q) INJURY, ILLNESS, DAMAGE, INCONVENIENCE OR LOSS OF USAGE CAUSED BY DELAYS, NON-AVAILABILITY OF PARTS, LABOR DIFFICULTIES OR OTHER CONDITIONS BEYOND OUR CONTROL;
r) ANY AND ALL COSTS ASSOCIATED WITH A REPAIR VISIT, IF IT IS DETERMINED THAT COVERAGE UNDER THIS CONTRACT DOES NOT APPLY, OR NOT COVERED EMERGENCY BREAKDOWN IS DISCOVERED;
s) COSTS ASSOCIATED WITH REINSTATEMENT OF HARD OR SOFT LANDSCAPING (INCLUDING BUT NOT LIMITED TO: DRIVEWAYS, PATHWAYS, WALLS, PATIOS, DECKS, FLOWERBEDS, TREES AND LAWNS);
t) COVERAGE ON MOBILE HOMES, RECREATIONAL VEHICLES, MULTIPLE-UNIT DWELLINGS, COMMERCIAL BUILDINGS, OR ANY RESIDENTIAL HOME OVER 5,001 SQ. FT.;
u) EMERGENCY BREAKDOWN CAUSED BY OR RESULTING FROM: INSECT, VERMIN, PETS, MISUSE, ABUSE, NEGLIGENCE, VANDALISM, THEFT, WAR, RIOT, MILITARY UNREST, NUCLEAR ACCIDENT, FLOODING WATER FLUCTUATIONS, FIRE, HAIL, WIND, LIGHTENING, EARTHQUAKES, EARTH MOVEMENT, LANDSLIDE, SAND, CHEMICALS;
v) CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL SUCH AS EXTREME WEATHER CONDITIONS, POWER AND/OR SYSTEM FAILURE, INDUSTRIAL ACTION OR STATE OR FEDERAL AUTHORITIES EMERGENCY DIRECTIVES.
LIMITS OF LIABILITY
Our obligations for a covered Emergency Breakdown are limited to:
Two Service calls per coverage term.
A maximum of $2,500 for any one Service call.
Your prorated share of the cost of repair or replacement or unblocking for shared drainage facilities.
This Service Agreement shall be non-cancelable by Us , except for:
(a) Nonpayment of Service Agreement fees
(b) Fraud or misrepresentation of facts material to the issuance of this Service Agreement.
GENERAL CONDITIONS
CANCELLATION:
If You cancel this agreement within 30 days of the effective date We will refund Your payment in full.
You may cancel this contract after 30 days from the effective date by providing written notice. You will be entitled to a pro-rata refund less any claims paid. Any refund not paid to You within 30 days is subject to a 10% monthly penalty.
If We cancel, You will be notified in writing five days prior to cancellation. You will be entitled to a pro-rata refund of fees paid provided no Service call has been made.
CUSTOMER SERVICE:
We strive to provide you with the highest standards of service. If You feel that Our service has not met Your expectations or You have a question, please contact Us at:
P.O. Box 813, Syosset , NY 11791 , or call 1-844-GET-HAHA.
PAST DUE AMOUNT(S):
If You fail to make full payment on Your payment due date Your Service Agreement coverage will immediately be suspended until the full past due amount is paid.
WAITING PERIOD:
You have 30 days from the date You sign-up before You can make a Service call. During that period, if You decide You do not want the Service Agreement You can notify Us and We will provide a full refund of fees paid.
PERMANENT REPAIRS:
All permanent repairs will have a minimum of one year repairer’s guarantee.
TRANSFER:
Your rights and duties under this Service Agreement are transferable to a subsequent purchaser only and must be completed within 30 days from the date of sale to the subsequent owner. All transfers are for the balance of the remaining term and are subject to any outstanding Service Agreement fees and the new owner registering into the program.
OVERLAPPING COVERAGE:
If You find You have another service agreement or insurance policy which provides similar benefits, You can notify Us immediately. We will refund Your Service Agreement fee as long as no Service call has been provided.
You may be required to provide a copy of the contract/policy showing similar coverage.
RIGHTS OF RECOVERY:
If We pay for an Emergency Breakdown, We may require You to assign Us Your rights of recovery against others. We will not pay for an Emergency Breakdown if You impair these rights to recover. Your right to recover may not be waived.
REPAIR, REPLACEMENT, AND/OR UNBLOCKING:
At Our discretion an Emergency Breakdown may be remedied by repair, replacement, and/or unblocking.
SECOND OPINION:
We reserve the right to a second opinion by a licensed repairer of Our choosing on any repair or replacement diagnosis.
FRAUD AND/OR MISREPRESENTATION
Misrepresentation or any attempt to defraud Us, including collusion between You and the plumber or service provider, shall result in cancellation of coverage, and We shall seek reimbursement and may pursue remedies under the law.
DISPUTE RESOLUTION
Any controversy or claim relating to this Service Agreement (whether contract, tort, or both), or the breach of this Service Agreement shall be settled by individual arbitration administered by the American Arbitration Association (“AAA”) under its commercial arbitration rules. Class action arbitration is prohibited. Arbitration hearings shall take place at the capital of your state or other locations as mutually agreed by the parties and AAA, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties acknowledge and agree that they are waiving their right to a jury trial and to an appeal. In the event litigation (not including arbitration) is commenced by either party to this Service Agreement arising out of an alleged breach of any of the Terms and Conditions hereunder, the prevailing Party shall be entitled to recover, in addition to any other costs and damages, its reasonable attorney’s fees.
PRIVACY POLICY
Customer information collected during the purchase and administration of Home Service is not disclosed to other companies for the purpose of marketing other products and services. Such information may be disclosed to other companies in order to provide service under this Service Agreement. Should you have any questions about our policy please contact us on 1-844-GET-HAHA.
Telephone Calls may be recorded and monitored.
NEW YORK-Cancellation is not effective until 15 days after notice of cancellation is mailed to the Service Agreement holder. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, you are entitled to make a claim by contacting H.A.H.A. Group Ltd., P.O. Box 813, Syosset, NY 11791
Exterior Water Service Line Plan Terms and Conditions
Key Terms:
We, Us, and Our means (i) Helping American Homeowners Association (“H.A.H.A.”) P.O. Box 813, Syosset, NY 11791, in its capacity as Administrator and manager of the benefits owed under this Service Agreement. You may contact us at the foregoing address or by calling us at 1-844-GET-HAHA (H.A.H.A.).
You and Your means Service Agreement Holder listed on the Declaration Page.
Reinstatement means back-filling of any necessary outside excavation to leave the ground level.
Emergency Breakdown means the sudden failure to the External Water Service Line due to defects in workmanship and/or materials, breakdowns due to normal wear and tear, or breakdowns arising in the course of ordinary functioning and usage, which immediately:
a.) Exposes You to a risk to Your health.
b.) Creates a risk of or damage to Your property or any of Your belongings normally contained within the property; or
c.) Makes Your home uninhabitable.
Provider means the party obligated to perform under the terms of the contract.
Service Agreement Fee means the amount you paid for this agreement.
Service call(s) means repair or replacement or unblocking work performed by a licensed plumber or licensed service provider to diagnose and eliminate a single covered Emergency Breakdown.
RESPONSIBILITY FOR BENEFITS OWED TO YOU
H.A.H.A. is the service contract issuer and provider responsible for the performance of contractual obligations under the Service Agreement, including service performance and payment of cost of any benefits owed to You under the Agreement. H.A.H.A. has designed the protection program provided to You under this Service Agreement, and manages and administers the delivery of benefits owed to You under the Agreement. H.A.H.A. will be responsible for reviewing, processing and adjusting any claim You may have for benefits under this Service Agreement. H.A.H.A. will serve as your ordinary point-of-contact for any questions or concerns you may have with respect to Your Service Agreement. Obligations under this Service Agreement are subject to, and modified by, the allocation of responsibilities set forth in this paragraph, unless otherwise indicated for residents of Your state as detailed in the applicable states disclosures attached to this Agreement.
SERVICE AGREEMENT
This Service Agreement is only valid after Our acceptance of the application and receipt of payment.
This Service Agreement continues for One (1) Year from the effective date listed on the Declaration Page. However in the first year of coverage you may not make a Service call within (30) days of the effective date listed on the Declaration Page. Payment is due the same time You sign up and must be received by Us for Your Service Agreement to be effective. This Service Agreement will renew for a term of 12 months and will continue to renew for like terms unless cancelled within 30 days of the end of the term of your current agreement or cancelled as provided in this Service Agreement.
This Service Agreement will only cover systems for which You have responsibility.
EMERGENCY BREAKDOWN SERVICE
During the Service Agreement coverage term, We agree, in the event of a covered Emergency Breakdown, to arrange and pay for a licensed plumber or licensed service provider to provide a Service call in most cases within 48 hours to the following, subject to the type of coverage you have selected. This is shown on the Declaration Page.
External Water Service line
If You have an Emergency Breakdown to Your external water service line from the point at which they cross the outer vertical wall of the building on Your property for which You have responsibility, You should call the Emergency Service Hotline.
Covered Emergency Breakdown includes but is not limited to:
1) Drain jetting or snaking to clear blockage
2) Relining of cracked line
3) Rebuilding of collapsed line
YOUR DUTIES
We will not pay for any Service performed without Our prior approval. Notice of any Emergency Breakdown must be given to the Administrator upon discovery and during the coverage term.
In the event of an Emergency Breakdown under this Service Agreement, You must:
a) Call the Emergency Service Hotline immediately at 1-844-GET-HAHA.
b) Cooperate and assist the Administrator in any matter concerning a covered Emergency Breakdown.
c) Provide the licensed plumber or licensed service provider with access to Your property.
d) You must take every precaution to protect the property until the necessary repair or replacement or unblocking is authorized by the Administrator and the work is completed.
We will make payment directly to the licensed plumber or licensed service provider after the work is completed. In some cases, it may be necessary for You to pay for the Service call, in which case, We will reimburse You when We receive Your paid invoice(s) and process Your payment.
EXCLUSIONS
We are not responsible for any of the following:
a) THAWING OF TEMPORARILY FROZEN PIPES WHICH HAVE NOT RESULTED IN AN EMERGENCY BREAKDOWN;
b) EMERGENCY BREAKDOWN TO EXTERNAL GUTTERING, STORM DRAINS, DOWNSPOUTS, GRAY WATER LINES OR ANY DAMAGE RESULTING FROM THEIR OVERFLOW;
c) ANY EMERGENCY BREAKDOWN WHICH EXISTED PRIOR TO, OR WAS CAUSED BY A CONDITION WHICH EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT;
d) EMERGENCY BREAKDOWN CAUSED BY FAULTY CONSTRUCTION, IMPROPER MAINTENANCE OR A LACK OF MAINTENANCE.
e) EMERGENCY BREAKDOWNS ARISING FROM A CONTROLLABLE LEAK WHERE YOU COULD HAVE CONTAINED OR SHUT-OFF THE LEAK YOURSELF;
f) SWIMMING POOLS OR DECORATIVE FEATURES (SUCH AS PONDS, FOUNTAINS AND ANY ASSOCIATED EQUIPMENT), SUMP PUMP, VACUUM DRAINAGE SYSTEMS, SEPTIC SYSTEMS (including Leach fields), SPA, SPRINKLER SYSTEMS, WATER SOFTENER AND WASTE DISPOSAL UNITS;
g) REPAIR AND/OR REPLACEMENT COSTS OF; WATER TANKS, WATER HEATERS, RADIATIORS, BATHROOM FITTINGS (E.G. TOILET BOWLS AND BATHS) AND SINKS.
H)REPAIR OR REPLACEMENT OR UNBLOCKING OF COVERED PARTS, EQUIPMENT AND/OR SYSTEMS DUE TO THE GRADUAL REDUCTION IN PERFORMANCE CAUSED BY NORMAL WEAR AND TEAR WHERE AN EMERGENCY BREAKDOWN HAS NOT OCCURRED;
i) EMERGENCY BREAKDOWN TO PROPERTY HAVING REMAINED UNOCCUPIED FOR MORE THAN (30) DAYS, EXCEPT WHERE THE EMERGENCY BREAKDOWN IS A BURST INTERNAL WATER PIPE CAUSED BY FREEZING, THE PROPERTY MUST HAVE BEEN OCCUPIED AT THE TIME THE EMERGENCY BREAKDOWN OCCURRED, AND THE BUILDING HEATING MUST HAVE BEEN IN OPERATION;
j) REPAIRS OR REPLACEMENT WHEN PARTS ARE OBSOLETE;
k) COSTS TO CORRECT OR UPGRADE ANY PART, EQUIPMENT AND/OR SYSTEM IN ORDER TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAWS, REGULATIONS, ORDINANCE OR UTILITY REGULATIONS;
l) COSTS ASSOCIATED WITH TREATMENT, REMOVAL, RECOVERY, OR DISPOSAL OF HAZARDOUS MATERIAL;
m) REPAIR OR REPLACEMENTS OR UNBLOCKING WITHOUT OUR PRIOR AUTHORIZATION
n) REPAIR OR REPLACEMENTS OR UNBLOCKING ARISING FROM MANUFACTURER’S RECALLS, DEFECTS OR CLASS ACTION SUITS;
o) COST OF CLOSING WALLS, FLOORS OR CEILINGS;
p) COST OF REPLACING AND REINSTALLING (INCLUDING BUT NOT LIMITED TO: CARPETS, CABINETS, KITCHEN ASSEMBLES, PANELING, STUCCO, WOOD, TILE, WALL PAPER, FIXTURES, FITTINGS, MIRROS);
q) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
r) INJURY, ILLNESS, DAMAGE, INCONVENIENCE OR LOSS OF USAGE CAUSED BY DELAYS, NON-AVAILABILITY OF PARTS, LABOR DIFFICULTIES OR OTHER CONDITIONS BEYOND OUR CONTROL;
s) ANY AND ALL COSTS ASSOCIATED WITH A REPAIR VISIT, IF IT IS DETERMINED THAT COVERAGE UNDER THIS CONTRACT DOES NOT APPLY, OR NOT COVERED EMERGENCY BREAKDOWN IS DISCOVERED;
t) COSTS ASSOCIATED WITH REINSTATEMENT OF HARD OR SOFT LANDSCAPING (INCLUDING BUT NOT LIMITED TO: DRIVEWAYS, PATHWAYS, WALLS, PATIOS, DECKS, FLOWERBEDS, TREES AND LAWNS);
u) COVERAGE ON MOBILE HOMES, RECREATIONAL VEHICLES, MULTIPLE-UNIT DWELLINGS, COMMERCIAL BUILDINGS, OR ANY RESIDENTIAL HOME OVER 5,001 SQ. FT.;
v) EMERGENCY BREAKDOWN CAUSED BY OR RESULTING FROM: INSECT, VERMIN, PETS, MISUSE, ABUSE, NEGLIGENCE, VANDALISM, THEFT, WAR, RIOT, MILITARY UNREST, NUCLEAR ACCIDENT, FLOODING WATER FLUCTUATIONS, FIRE, HAIL, WIND, LIGHTENING, EARTHQUAKES, EARTH MOVEMENT, LANDSLIDE, SAND, CHEMICALS;
w) CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL SUCH AS EXTREME WEATHER CONDITIONS, POWER AND/OR SYSTEM FAILURE, INDUSTRIAL ACTION OR STATE OR FEDERAL AUTHORITIES EMERGENCY DIRECTIVES.
LIMITS OF LIABILITY
Our obligations for a covered Emergency Breakdown are limited to:
Two Service calls per coverage term.
A maximum of $3000 for any one Service call.
Your prorated share of the cost of repair or replacement or unblocking for shared drainage facilities.
This Service Agreement shall be non-cancelable by Us , except for:
(a) Nonpayment of Service Agreement fees
(b) Fraud or misrepresentation of facts material to the issuance of this Service Agreement.
GENERAL CONDITIONS
CANCELLATION:
If You cancel this agreement within 30 days of the effective date We will refund Your payment in full.
You may cancel this contract after 30 days from the effective date by providing written notice. You will be entitled to a pro-rata refund less any claims paid. Any refund not paid to You within 30 days is subject to a 10% monthly penalty.
If We cancel, You will be notified in writing five days prior to cancellation. You will be entitled to a pro-rata refund of fees paid provided no Service call has been made.
CUSTOMER SERVICE
We strive to provide you with the highest standards of service. If You feel that Our service has not met Your expectations or You have a question, please contact Us at: P.O. Box 813, Syosset, NY 11791, or call 1-844-GET-HAHA.
PAST DUE AMOUNT(S):
If You fail to make full payment on Your payment due date Your Service Agreement coverage will immediately be suspended until the full past due amount is paid.
WAITING PERIOD:
You have 30 days from the date You sign-up before You can make a Service call. During that period, if You decide You do not want the Service Agreement You can notify Us and We will provide a full refund of fees paid.
PERMANENT REPAIRS:
All permanent repairs will have a minimum of one year repairer’s guarantee.
TRANSFER:
Your rights and duties under this Service Agreement are transferable to a subsequent purchaser only and must be completed within 30 days from the date of sale to the subsequent owner. All transfers are for the balance of the remaining term and are subject to any outstanding Service Agreement fees and the new owner registering into the program.
OVERLAPPING COVERAGE:
If You find You have another service agreement or insurance policy which provides similar benefits, You can notify Us immediately. We will refund Your Service Agreement fee as long as no Service call has been provided. You may be required to provide a copy of the contract/policy showing similar coverage.
RIGHTS OF RECOVERY:
If We pay for an Emergency Breakdown, We may require You to assign Us Your rights of recovery against others. We will not pay for an Emergency Breakdown if You impair these rights to recover. Your right to recover may not be waived.
REPAIR, REPLACEMENT, AND/OR UNBLOCKING:
At Our discretion an Emergency Breakdown may be remedied by repair, replacement, and/or unblocking.
SECOND OPINION:
We reserve the right to a second opinion by a licensed repairer of Our choosing on any repair or replacement diagnosis.
FRAUD AND/OR MISREPRESENTATION
Misrepresentation or any attempt to defraud Us, including collusion between You and the plumber or service provider, shall result in cancellation of coverage, and We shall seek reimbursement and may pursue remedies under the law.
DISPUTE RESOLUTION
Any controversy or claim relating to this Service Agreement (whether contract, tort, or both), or the breach of this Service Agreement shall be settled by individual arbitration administered by the American Arbitration Association (“AAA”) under its commercial arbitration rules. Class action arbitration is prohibited. Arbitration hearings shall take place at the capital of your state or other locations as mutually agreed by the parties and AAA, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties acknowledge and agree that they are waiving their right to a jury trial and to an appeal. In the event litigation (not including arbitration) is commenced by either party to this Service Agreement arising out of an alleged breach of any of the Terms and Conditions hereunder, the prevailing Party shall be entitled to recover, in addition to any other costs and damages, its reasonable attorney’s fees.
PRIVACY POLICY
Customer information collected during the purchase and administration of Home Service is not disclosed to other companies for the purpose of marketing other products and services. Such information may be disclosed to other companies in order to provide service under this Service Agreement. Should you have any questions about our policy please contact us on 1-844-GET-HAHA.
Telephone Calls may be recorded and monitored.
NEW YORK-Cancellation is not effective until 15 days after notice of cancellation is mailed to the Service Agreement holder. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, you are entitled to make a claim by contacting H.A.H.A. Group Ltd., P.O. Box 813, Syosset, NY 11791.
Exterior Sewer/Septic Line Plan Terms and Conditions
Key Terms:
We, Us, and Our means (i) Helping American Homeowners Association (“H.A.H.A.”) P.O. Box 813, Syosset, NY 11791, in its capacity as Administrator and manager of the benefits owed under this Service Agreement. You may contact us at the foregoing address or by calling us at 1-844-GET-HAHA (H.A.H.A.).
You and Your means Service Agreement Holder listed on the Declaration Page.
Reinstatement means back-filling of any necessary outside excavation to leave the ground level.
Emergency Breakdown means the sudden failure to the External Sewer/Septic Lines due to defects in workmanship and/or materials, breakdowns due to normal wear and tear, or breakdowns arising in the course of ordinary functioning and usage, which immediately:
a.) Exposes You to a risk to Your health.
b.) Creates a risk of or damage to Your property or any of Your belongings normally contained within the property; or
c.) Makes Your home uninhabitable.
Provider means the party obligated to perform under the terms of the contract.
Service Agreement Fee means the amount you paid for this agreement.
Service call(s) means repair or replacement or unblocking work performed by a licensed plumber or licensed service provider to diagnose and eliminate a single covered Emergency Breakdown.
RESPONSIBILITY FOR BENEFITS OWED TO YOU
H.A.H.A. is the service contract issuer and provider responsible for the performance of contractual obligations under the Service Agreement, including service performance and payment of cost of any benefits owed to You under the Agreement. H.A.H.A. has designed the protection program provided to You under this Service Agreement, and manages and administers the delivery of benefits owed to You under the Agreement. H.A.H.A. will be responsible for reviewing, processing and adjusting any claim You may have for benefits under this Service Agreement. H.A.H.A. will serve as your ordinary point-of-contact for any questions or concerns you may have with respect to Your Service Agreement. Obligations under this Service Agreement are subject to, and modified by, the allocation of responsibilities set forth in this paragraph, unless otherwise indicated for residents of Your state as detailed in the applicable states disclosures attached to this Agreement.
SERVICE AGREEMENT
This Service Agreement is only valid after Our acceptance of the application and receipt of payment.
This Service Agreement continues for One (1) Year from the effective date listed on the Declaration Page. However in the first year of coverage you may not make a Service call within (30) days of the effective date listed on the Declaration Page. Payment is due the same time You sign up and must be received by Us for Your Service Agreement to be effective. This Service Agreement will renew for a term of 12 months and will continue to renew for like terms unless cancelled within 30 days of the end of the term of your current agreement or cancelled as provided in this Service Agreement.
This Service Agreement will only cover systems for which You have responsibility.
EMERGENCY BREAKDOWN SERVICE
During the Service Agreement coverage term, We agree, in the event of a covered Emergency Breakdown, to arrange and pay for a licensed plumber or licensed service provider to provide a Service call in most cases within 48 hours to the following, subject to the type of coverage you have selected. This is shown on the Declaration Page.
External Sewer/Septic lines
If You have an Emergency Breakdown to Your external sewer drains from the point at which they cross the outer vertical wall of the building on Your property for which You have responsibility, You should call the Emergency Service Hotline.
In the case of septic lines, Your coverage is for the external sewer drains from the point at which they cross the outer vertical wall of the building on Your property to the point of connection with Your septic system on Your property for which You have responsibility. Coverage does not include the septic system itself (See 5. Exclusions h).
Covered Emergency Breakdown includes but is not limited to:
1) Drain jetting or snaking to clear blockage
2) Relining of cracked drain
3) Rebuilding of collapsed drain
YOUR DUTIES
We will not pay for any Service performed without Our prior approval. Notice of any Emergency Breakdown must be given to the Administrator upon discovery and during the coverage term.
In the event of an Emergency Breakdown under this Service Agreement, You must:
a) Call the Emergency Service Hotline immediately at 1-844-GET-HAHA.
b) Cooperate and assist the Administrator in any matter concerning a covered Emergency Breakdown.
c) Provide the licensed plumber or licensed service provider with access to Your property.
d) You must take every precaution to protect the property until the necessary repair or replacement or unblocking is authorized by the Administrator and the work is completed.
We will make payment directly to the licensed plumber or licensed service provider after the work is completed. In some cases, it may be necessary for You to pay for the Service call, in which case, We will reimburse You when We receive Your paid invoice(s) and process Your payment.
EXCLUSIONS
We are not responsible for any of the following:
a) THAWING OF TEMPORARILY FROZEN PIPES WHICH HAVE NOT RESULTED IN AN EMERGENCY BREAKDOWN;
b) EMERGENCY BREAKDOWN TO EXTERNAL GUTTERING, STORM DRAINS, DOWNSPOUTS, GRAY WATER LINES OR ANY DAMAGE RESULTING FROM THEIR OVERFLOW;
c) ANY EMERGENCY BREAKDOWN WHICH EXISTED PRIOR TO, OR WAS CAUSED BY A CONDITION WHICH EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT;
d) EMERGENCY BREAKDOWN CAUSED BY FAULTY CONSTRUCTION, IMPROPER MAINTENANCE OR A LACK OF MAINTENANCE.
e) EMERGENCY BREAKDOWNS ARISING FROM A CONTROLLABLE LEAK WHERE YOU COULD HAVE CONTAINED OR SHUT-OFF THE LEAK YOURSELF;
f) SWIMMING POOLS OR DECORATIVE FEATURES (SUCH AS PONDS, FOUNTAINS AND ANY ASSOCIATED EQUIPMENT), SUMP PUMP, VACUUM DRAINAGE SYSTEMS, SEPTIC SYSTEMS (including Leach fields), SPA, SPRINKLER SYSTEMS, WATER SOFTENER AND WASTE DISPOSAL UNITS;
g) REPAIR AND/OR REPLACEMENT COSTS OF; WATER TANKS, WATER HEATERS, RADIATIORS, BATHROOM FITTINGS (E.G. TOILET BOWLS AND BATHS) AND SINKS.
h) REPAIR OR REPLACEMENT OR UNBLOCKING OF COVERED PARTS, EQUIPMENT AND/OR SYSTEMS DUE TO THE GRADUAL REDUCTION IN PERFORMANCE CAUSED BY NORMAL WEAR AND TEAR WHERE AN EMERGENCY BREAKDOWN HAS NOT OCCURRED;
i) EMERGENCY BREAKDOWN TO PROPERTY HAVING REMAINED UNOCCUPIED FOR MORE THAN (30) DAYS, EXCEPT WHERE THE EMERGENCY BREAKDOWN IS A BURST INTERNAL WATER PIPE CAUSED BY FREEZING, THE PROPERTY MUST HAVE BEEN OCCUPIED AT THE TIME THE EMERGENCY BREAKDOWN OCCURRED, AND THE BUILDING HEATING MUST HAVE BEEN IN OPERATION;
j) REPAIRS OR REPLACEMENT WHEN PARTS ARE OBSOLETE;
k) COSTS TO CORRECT OR UPGRADE ANY PART, EQUIPMENT AND/OR SYSTEM IN ORDER TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAWS, REGULATIONS, ORDINANCE OR UTILITY REGULATIONS;
l) COSTS ASSOCIATED WITH TREATMENT, REMOVAL, RECOVERY, OR DISPOSAL OF HAZARDOUS MATERIAL;
m) REPAIR OR REPLACEMENTS OR UNBLOCKING WITHOUT OUR PRIOR AUTHORIZATION
n) REPAIR OR REPLACEMENTS OR UNBLOCKING ARISING FROM MANUFACTURER’S RECALLS, DEFECTS OR CLASS ACTION SUITS;
o) COST OF CLOSING WALLS, FLOORS OR CEILINGS;
p) COST OF REPLACING AND REINSTALLING (INCLUDING BUT NOT LIMITED TO: CARPETS, CABINETS, KITCHEN ASSEMBLES, PANELING, STUCCO, WOOD, TILE, WALL PAPER, FIXTURES, FITTINGS, MIRROS);
q) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
r) INJURY, ILLNESS, DAMAGE, INCONVENIENCE OR LOSS OF USAGE CAUSED BY DELAYS, NON-AVAILABILITY OF PARTS, LABOR DIFFICULTIES OR OTHER CONDITIONS BEYOND OUR CONTROL;
s) ANY AND ALL COSTS ASSOCIATED WITH A REPAIR VISIT, IF IT IS DETERMINED THAT COVERAGE UNDER THIS CONTRACT DOES NOT APPLY, OR NOT COVERED EMERGENCY BREAKDOWN IS DISCOVERED;
t) COSTS ASSOCIATED WITH REINSTATEMENT OF HARD OR SOFT LANDSCAPING (INCLUDING BUT NOT LIMITED TO: DRIVEWAYS, PATHWAYS, WALLS, PATIOS, DECKS, FLOWERBEDS, TREES AND LAWNS);
u) COVERAGE ON MOBILE HOMES, RECREATIONAL VEHICLES, MULTIPLE-UNIT DWELLINGS, COMMERCIAL BUILDINGS, OR ANY RESIDENTIAL HOME OVER 5,001 SQ. FT.;
v) EMERGENCY BREAKDOWN CAUSED BY OR RESULTING FROM: INSECT, VERMIN, PETS, MISUSE, ABUSE, NEGLIGENCE, VANDALISM, THEFT, WAR, RIOT, MILITARY UNREST, NUCLEAR ACCIDENT, FLOODING WATER FLUCTUATIONS, FIRE, HAIL, WIND, LIGHTENING, EARTHQUAKES, EARTH MOVEMENT, LANDSLIDE, SAND, CHEMICALS;
w) CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL SUCH AS EXTREME WEATHER CONDITIONS, POWER AND/OR SYSTEM FAILURE, INDUSTRIAL ACTION OR STATE OR FEDERAL AUTHORITIES EMERGENCY DIRECTIVES.
LIMITS OF LIABILITY
Our obligations for a covered Emergency Breakdown are limited to:
Two Service calls per coverage term.
A maximum of $3000 for any one Service call.
Your prorated share of the cost of repair or replacement or unblocking for shared drainage facilities.
This Service Agreement shall be non-cancelable by Us , except for:
(a) Nonpayment of Service Agreement fees
(b) Fraud or misrepresentation of facts material to the issuance of this Service Agreement.
GENERAL CONDITIONS
CANCELLATION:
If You cancel this agreement within 30 days of the effective date We will refund Your payment in full.
You may cancel this contract after 30 days from the effective date by providing written notice. You will be entitled to a pro-rata refund less any claims paid. Any refund not paid to You within 30 days is subject to a 10% monthly penalty.
If We cancel, You will be notified in writing five days prior to cancellation. You will be entitled to a pro-rata refund of fees paid provided no Service call has been made.
CUSTOMER SERVICE
We strive to provide you with the highest standards of service. If You feel that Our service has not met Your expectations or You have a question, please contact Us at: P.O. Box 813, Syosset, NY 11791, or call 1-844-GET-HAHA.
PAST DUE AMOUNT(S):
If You fail to make full payment on Your payment due date Your Service Agreement coverage will immediately be suspended until the full past due amount is paid.
WAITING PERIOD:
You have 30 days from the date You sign-up before You can make a Service call. During that period, if You decide You do not want the Service Agreement You can notify Us and We will provide a full refund of fees paid.
PERMANENT REPAIRS:
All permanent repairs will have a minimum of one year repairer’s guarantee.
TRANSFER:
Your rights and duties under this Service Agreement are transferable to a subsequent purchaser only and must be completed within 30 days from the date of sale to the subsequent owner. All transfers are for the balance of the remaining term and are subject to any outstanding Service Agreement fees and the new owner registering into the program.
OVERLAPPING COVERAGE:
If You find You have another service agreement or insurance policy which provides similar benefits, You can notify Us immediately. We will refund Your Service Agreement fee as long as no Service call has been provided. You may be required to provide a copy of the contract/policy showing similar coverage.
RIGHTS OF RECOVERY:
If We pay for an Emergency Breakdown, We may require You to assign Us Your rights of recovery against others. We will not pay for an Emergency Breakdown if You impair these rights to recover. Your right to recover may not be waived.
REPAIR, REPLACEMENT, AND/OR UNBLOCKING:
At Our discretion an Emergency Breakdown may be remedied by repair, replacement, and/or unblocking.
SECOND OPINION:
We reserve the right to a second opinion by a licensed repairer of Our choosing on any repair or replacement diagnosis.
FRAUD AND/OR MISREPRESENTATION
Misrepresentation or any attempt to defraud Us, including collusion between You and the plumber or service provider, shall result in cancellation of coverage, and We shall seek reimbursement and may pursue remedies under the law.
DISPUTE RESOLUTION
Any controversy or claim relating to this Service Agreement (whether contract, tort, or both), or the breach of this Service Agreement shall be settled by individual arbitration administered by the American Arbitration Association (“AAA”) under its commercial arbitration rules. Class action arbitration is prohibited. Arbitration hearings shall take place at the capital of your state or other locations as mutually agreed by the parties and AAA, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties acknowledge and agree that they are waiving their right to a jury trial and to an appeal. In the event litigation (not including arbitration) is commenced by either party to this Service Agreement arising out of an alleged breach of any of the Terms and Conditions hereunder, the prevailing Party shall be entitled to recover, in addition to any other costs and damages, its reasonable attorney’s fees.
PRIVACY POLICY
Customer information collected during the purchase and administration of Home Service is not disclosed to other companies for the purpose of marketing other products and services. Such information may be disclosed to other companies in order to provide service under this Service Agreement. Should you have any questions about our policy please contact us on 1-844-GET-HAHA.
Telephone Calls may be recorded and monitored.
NEW YORK-Cancellation is not effective until 15 days after notice of cancellation is mailed to the Service Agreement holder. Obligations of the provider under this service contract are guaranteed under a service contract reimbursement insurance policy. If the provider fails to pay or to provide service on a claim within 60 days after proof of loss has been filed, you are entitled to make a claim by contacting H.A.H.A. Group Ltd., P.O. Box 813, Syosset, NY 11791.
