fbpx

Terms of Service

 

THIS SERVICE AGREEMENT ALONG WITH THE TERMS AND CONDITIONS CONSTITUTE YOUR ENTIRE AGREEMENT

 

Profixx, LLC (“Profixx”, “Provider”, “We”, “Us” or “Our”) is the entity that will administer and provide the service under this Service Agreement. You may contact Profixx by mail at 40 Eastern Ave., Suite 306, Malden, MA 02148 or by calling toll-free 1- 833-776-3499.

What’s Covered: We will arrange and pay for the labor to repair items covered under this agreement which are in Your Residence. You must call Profixx to arrange for service. See “How to Call for Repairs” below.

Benefit Limit: The maximum benefit limit is two Service Calls per Month for the Plus Plan and one Service Call per Month for the Standard Plan with a limit of one hour per service request. Any repairs beyond Your Service Call benefit limit will have an additional charge.

What’s Not Covered: We will not be responsible for any of the following:

  1. Damages, losses and expenses, whether from negligence or otherwise, caused by: (a) You or any person or entity other than Profixx or (b) unusual circumstances, including a natural disaster, or an act of God;
  2. Consequential, incidental, or punitive damages arising from conducting repair work or as a result of the repair, for example damages necessary to reasonably access the repair area. Your rights and remedies may vary depending on the state where Your Property is located;
  3. Repairs to properties other than Your Residence;
  4. Appliances; Any fittings, fixtures, parts or materials.

Eligible property types: A single structure owned by You, used and zoned for residential occupancy (“Residence”) that is permanently secured to the ground, and the land it is located on is also owned by You (“Property”). Any recreational vehicle or other type of home on wheels that is intended to be moved and/or property used for commercial purposes is not eligible. If You own a Residence that has multiple Units, You must purchase a Service Agreement for each individual Unit for any one Unit to be eligible for service.

Length of Service Agreement: Your One-Year Commitment Service Agreement begins on the Start Date listed on Your Account Page and will continue for twelve (12) months (“Term”) provided neither You nor We cancel. See “Cancellation/Refund” below.

How to call for repairs: You may schedule your repair online under Schedule Job page or call Profixx and a service representative will assist in the diagnosis of Your repair and the scheduling of a visit from one of Profixx’s local technicians. You will not be reimbursed for work done by technicians who are not authorized by Profixx. Technicians must have safe and clear access to, and safe working conditions at and around the work area. There is no Service Call fee.

Covered repairs: Covered repairs are guaranteed against defects in materials and workmanship for one year. Under the Profixx guarantee we will arrange at Our expense and discretion for repair or replacement. We disclaim any and all statutory or common law warranties (whether express or implied) other than Our covered repair guarantee and any implied warranties that cannot be excluded under applicable law.

Receiving Documents Electronically: You can receive Your Service Agreement and all related documents electronically. If You consented to electronic delivery, these documents will be sent to the email address listed on Your Account Page (“Email Address”). Documents sent to the Email Address will be deemed to have been received by You. You may stop receiving documents electronically by calling Profixx. You may also call Profixx to update Your Email Address or to receive a paper copy of Your Service Agreement.

Renewal: If You pay through Your credit/debit card or by direct debit this Service Agreement will automatically renew for a further term of 12 months. If You pay by credit/debit card and requested that We not automatically renew this Service Agreement, You must renew this Service Agreement prior to the end of the Term to ensure continuous coverage. Your service history will be considered as part of Our determining the price for Your next Service Agreement term. We reserve the right to not offer this Service Agreement upon renewal.

Cancellation/Refund: Please note there is a $178.00 early termination fee if you cancel your service before the term expires. If You cancel Your service after the initial 12 month term, there is no termination fee. You may cancel this Service Agreement by calling Profixx or sending an email to [email protected]. Your cancellation will be effective at the end of the then current billing month. If applicable, You will be entitled to a pro-rata refund less any repairs or service provided by Us. If We find that You are ineligible for the coverage provided by this Service Agreement, We may cancel on no less than fifteen 15 days’ written notice to You and will refund the payments You have made less any services provided by Us. We may cancel for any reason on sixty (60) days’ written notice to You. We can also cancel, on no less than fifteen (15) days’ written notice to You for: (a) non-payment of the Subscription; or (b) Your fraud or misrepresentation of facts that are material to this Service Agreement or benefits provided under it. If We cancel under (b) above, You will be entitled to a pro-rata refund less any services provided by Us. Written notices from Us under this section will tell You exactly when Your Service Agreement will be cancelled and why it has been cancelled. The notice periods referred to in this section begin when We send the notice to You.

Waiting Period: Your benefits will become effective (7) days after sign-up.

Key Terms:

“My Account” - The web page listing important information regarding You, Your Property and other vital information.

“Subscription” – The amount You agree to pay for this Service Agreement, as listed on Your Account Page.

“Service Agreement” - The documents that constitute all of Your rights and responsibilities as a Service Agreement holder; which consist of these terms and conditions and Your Account Page.

“Service Call” – A visit to Your Property by one of Profixx’s local technicians, where work is performed to diagnose and complete a single covered repair, or where it is determined the repair is not covered.

“Unit” - A self-contained space that includes, at minimum, a living area, kitchen and bathroom within Your Residence.

“You” or “Your” - The purchaser of this Service Agreement who is the Service Agreement holder listed on the Account Page.

Privacy Policy: Any information You provide Profixx will be accessed, collected, used, transmitted, disclosed, stored, maintained and otherwise handled to administer Your Service Agreement by Profixx or its group of companies, including, but not limited to, disclosing Your address, telephone number, and other contact information to third parties who conduct services on Profixx’s behalf. Profixx or its group of companies and their selected partners may also use Your data to keep You informed by mail, telephone or email of any products or services which they consider may be of interest to You. For further details on how Profixx uses Your information, please see our Privacy Policy at www.myprofixx.com/Privacy-Policy. Should You have any questions or concerns about Profixx’s Privacy Policy or how they are using Your information or to update Your privacy preferences, please contact Profixx.

Assignment/Amendment: We reserve the right to change this Service Agreement (including the price or to charge an additional fee) and to delegate any of Our obligations at Our sole discretion provided We give You thirty (30) days’ prior written notice of the changes. The changes will become effective thirty (30) days after We send You the notice. If You do not like the changes, You may cancel this Service Agreement. You may not change this Service Agreement or delegate any of Your obligations. Should certain terms or conditions in this Service Agreement be held to be invalid or unenforceable, the remainder of the terms and conditions in this Service Agreement shall remain valid.

Transfer: This Service Agreement is not transferable by You.

Our Liability: To the extent permitted by applicable law, (1) You agree that Profixx, our members, successors, affiliates, technicians and our and their officers, directors, managers, employees, affiliates, agents and contractors shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed the covered repair benefit limit set out above; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, including those caused by any fault, failure, delay or defect in providing services under this Service Agreement, and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state.

Arbitration: YOU, AND PROFIXX BOTH 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 THIS SERVICE AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM PROFIXX, 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 Profixx, but also claims against the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of Profixx. 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 this Service Agreement, 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 this Service Agreement.
  4. Profixx 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 us with signed written notice that You cannot pay the filing fee, Profixx will pay the fee directly to the AAA.
  5. If for some reason the prohibition on class arbitrations set forth 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 AND PROFIXX AGREE THAT THERE WILL NOT BE A JURY TRIAL. You and Profixx unconditionally waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating in any way to this Service Agreement or from any other agreement between us, or the services or benefits You receive or claim to be owed from Profixx, including as to claims asserted against any of the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of Profixx.

By checking the box and clicking the Sign Up Now button, you are agreeing to these terms of service.