Provider means H.A.H.A. Group, Ltd., P. O. Box 813, Syosset, NY 11791 (“HAHA”) and is responsible for providing the benefits owed to You under this Service Agreement. You may contact us at the foregoing address or by calling us 1-844-GET-HAHA
Administrator means (i) Helping American Homeowners Association and its affiliates, P. O. Box 813, Syosset, NY 11791, (“HAHA”), the entity responsible for administering the benefits owed to You under this Service Agreement.
We, Us, and Our means the Provider and Administrator collectively.
You and Your means Service Agreement Holder listed on the Declaration Page.
Interior Electrical Wiring means the electrical system that includes the distribution center (panel or fuse box) and the high voltage wires that carry electricity to the points of use within the interior of Your home.
Emergency Breakdown means the sudden failure to the Interior Electrical Wiring system that services the interior limits of Your home due to defects in workmanship and/or materials, normal wear and tear 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.
Service call(s) means the deployment of a technician to diagnose and identify Your emergency.
Service Agreement means the documents that constitute all of Your rights and responsibilities as a contract holder. These documents consist of the Terms and Conditions on Your Declaration Page.
Service Agreement Fee. The amount you paid for this Agreement.
Term means the length of the Service Agreement which is 12 months in length. The term of this Agreement is defined by the dates listed on you Declaration Page.
1. RESPONSIBILITY FOR BENEFITS OWED TO YOU
H.A.H.A. Group, Ltd. (“HAHA) is the Provider responsible for the performance of contractual obligations under the Service Agreement. HAHA has designed the protection program provided to You under this Service Agreement and administers the delivery of benefits owed to You under the 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. All other terms and conditions of 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 STATE VARIATIONS at the beginning of this Agreement.
2. SERVICE AGREEMENT
This Service Agreement will only cover systems for which You have responsibility. We do not cover any repairs for systems that landlords, utilities or other entities are responsible for repairing.
This Service Agreement is only valid after Our acceptance of the application and receipt of Your payment covering the Term defined by the effective dates listed on the Declarations Page. However in the first year of coverage, you may not make a Service call within thirty (30) days of the effective date listed on the Declaration Page. This Service Agreement will automatically renew for an additional Term, unless prohibited by law, cancelled no less than thirty (30) days prior to the end of the Term of Your current Service Agreement, or cancelled as provided in this Service Agreement, and will continue to renew for like terms and conditions provided We continue to offer the Service Agreement and You make timely payments. We reserve the right to modify this contract or offer this Service Agreement at a different price upon renewal.
3. EMERGENCY BREAKDOWN SERVICE
If you have an Emergency Breakdown to Your Interior Electrical Wiring, You should call the Emergency Hotline and the Administrator will:
Arrange for a technician to diagnose the problem.
Pay for repairs of the covered Emergency Breakdown. (Subject to limits of liability).
4. YOUR DUTIES
We will not pay for any services 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:
Call the 24 Hour Emergency Service Hotline immediately at 1-844-GET-HAHA
Cooperate and assist the Administrator in any matter concerning Your Emergency Breakdown.
Provide the technician with access to Your property.
Take every reasonable precaution to protect Your property until the necessary repair or replacement or unblocking is authorized by Us and the work is completed.
IN CERTAIN INSTANCES, SOME OR ALL OF THE NEEDED REPAIRS MAY NOT BE COVERED BY THIS SERVICE AGREEMENT OR MAY BE BEYOND YOUR SERVICE AGREEMENT LIMITS (“NON-COVERED REPAIRS”). IF YOU ELECT TO HAVE NON-COVERED REPAIRS PERFORMED, YOU WILL BE RESPONSIBLE FOR PAYING THE TECHNICIAN DIRECTLY FOR ANY NON-COVERED REPAIR COSTS.
We are not responsible for any of the following:
a) ANY AND ALL COSTS ASSOCIATED WITH A REPAIR VISIT, IF IT IS DETERMINED THAT COVERAGE UNDER THIS CONTRACT DOES NOT APPLY, OR NO COVERED EMERGENCY BREAKDOWN IS DISCOVERED;
b) 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, OR ANY OTHER CIRCUMSTANCES OUTSIDE OUR REASONABLE CONTROL;
c) INJURY, ILLNES, DAMAGE, INCONVENIENCE OR LOSS OF USAGE CAUSED BY DELAYS, NON-AVAILABILITY OF PARTS, LABOR DIFFICULTIES OR OTHER CONDITIONS BEYOND OUR CONTROL;
d) COSTS ASSOCIATED WITH TREATMENT, REMOVAL, RECOVERY, OR DISPOSAL OF HAZARDOUS MATERIALS.
e) CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY DAMAGES NECESSARY TO REASONABLY ACCESS THE REPAIR AREA;
f) ANY EMERGENCY BREAKDOWN WHICH EXISTED PRIOR TO, OR WAS CAUSED BY A CONDITION WHICH EXISTED PRIOR TO THE EFFECTIVE DATE OF THIS SERVICE AGREEMENT;
g) COSTS TO CORRECT OR UPGRADE ANY PART, EQUIPMENT AND/OR SYSTEM IN ORDER TO COMPLY WITH ANY FEDERAL, STATE, OR LOCAL LAWS, REGULATIONS, ORDINANCES OR UTILITY REGULATIONS.
h) RESETTING OF CIRCUIT BREAKERS OR SYSTEM CONTROLS WHERE IT IS NOT ASSOCIATED WITH REPAIR WORK AND WHERE IT CAN BE RESET BY YOU
i) HOMES WITH ALUMINUM WIRING OR ANY ELECTRICAL WIRING WHICH IS NOT PERMANENT AND/OR ARE SITUATED OUTSIDE THE RESIDENTIAL HOME
j) FAILURE ARISING FROM THE DISCONNECTION FROM OR INTERRUPTION TO THE MAIN ELECTRICAL SUPPLY
k) THE REPLACEMENT OF LIGHT BULBS, DECORATIVE AND FLUORESCENT TUBE LIGHT FITTINGS, FUSES IN PLUGS OR ANY OTHER ELECTRICAL MAINTENANCE TASKS.
l) DOMESTIC ELECTRICAL APPLIANCES AND ELECTRICAL WIRING WHICH IS CONNECTED TO A SWIMMING POOL OR DECORATIVE FEATURES (SUCH AS PONDS, FOUNTAINS AND ANY ASSOCIATED EQUIPMENT), FISH TANK, SPA, SPRINKLER SYSTEMS, SATELLITE TV SYSTEMS, RADIO AND TV AERIALS, SECURITY ALARMS AND SYSTEMS, TELEPHONE WIRING, SMOKE DETECTORS, DOORBELL WIRING AND ELECTRICAL GATE AND GARAGE DOOR SYSTEMS, PORTABLE AND FIXED HEATING OR ENERGY EFFICIENCY SYSTEMS WHETHER INSIDE OR OUTSIDE YOUR HOME
m) REPAIR AND/OR REPLACEMENT OF TRANSFORMERS CONTROLLING THE VOLTAGE TO A SINGLE LOW VOLTAGE LIGHT FITTING
n) SERVICE ENTRANCE CONDUCTOR
COVERAGE ON MOBILE HOMES, RECREATIONAL VEHICLES, MULTIPLE-UNIT DWELLINGS, COMMERCIAL BUILDINGS, OR ANY RESIDENTIAL HOME OVER 5,001 SQ FT
6. LIMITS OF LIABILITY
Our obligations to service a covered Emergency Breakdown are limited up to $2500 per annum.
7. GENERAL CONDITIONS
If You cancel this Service 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.
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.
c) If we decide not to offer this program upon renewal.
b. 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 the Administrator at:
P. O. Box 813, Syosset, NY 11791, or call 1-844-GET-HAHA.
c. 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.
d. 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.
e. PERMANENT REPAIRS:
All permanent repairs will have a minimum of one year repairer’s guarantee.
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.
g. OVERLAPPING COVERAGE:
If You find You have another service agreement or insurance policy that provides similar benefits, You must notify the Administrator immediately. We will refund Your Service Agreement Fee as long as no Service Call has been made. You may be required to provide a copy of the contract/policy showing similar coverage. We are unable to cover any system or component that is covered by another program.
h. 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.
i. REPAIR, REPLACEMENT, AND/OR UNBLOCKING:
It is at Our discretion whether a covered Emergency Breakdown will be remedied by repair, replacement, and/or unblocking. If a technician performs an unblocking of your line, it will be guaranteed for a period of 72-hours. Additional unblocking will require the use of an additional Service Call.
j. SECOND OPINION:
We reserve the right to obtain a second opinion paid for by Us by a technician of Our choosing on any repair or replacement diagnosis.
k. FRAUD AND/OR MISREPRESENTATION
Misrepresentation or any attempt to defraud Us, including collusion between You and any service provider, shall result in cancellation of this Service Agreement, and We shall seek reimbursement from You and may pursue remedies under applicable law.
Any information collected by Us during Your purchase and Our administration of this Service Agreement will not be 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 at 1-844-GET-HAHA. Telephone Calls may be recorded and monitored.
We expressly reserve the right to assign this Agreement and to delegate any of Our obligations hereunder at Our sole discretion and without Your consent provided We give You notice of thirty (30) days prior to assignment. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or third parties.
n. This Service Agreement is not an insurance contract. This Service Agreement provides repair or replacement service (pursuant to the Terms and Conditions of this Service Agreement) for necessary covered repairs. We shall not be liable for damages, including any indirect, incidental or consequential damages that arise from any defects in materials used to maintain covered repairs. Our liability for defective materials or workmanship is limited to repair or replacement of the defective material and/or a corrective service visit. We shall not be liable under any circumstances for incidental or consequential damages, including, but not limited to, lost profits or any other expenses, loss or damage directly or indirectly arising from the performance or non performance of your plan or any service covered under the Service Agreement or the use or inability to use the service to which the Service Agreement applies. We reserve the right to withdraw or amend without warning part or all the services we provide where we have legal or technical reasons to do so. Should certain terms in this agreement be held to be invalid or unenforceable the remainder of the terms and conditions in this Agreement shall remain valid.
The following state variation shall apply if inconsistent with any other terms and conditions of this service agreement.
NEW YORK-Cancellation is not effective until 15 days after notice of cancellation is mailed to the Service Agreement holder.