- Asurion

Transcription

- Asurion

Device
Protection
Service
LOSS • THEFT • DAMAGE • MECHANICAL or ELECTRICAL FAILURE
Device Protection Service combines the Device Coverage and Device Enhanced Warranty
programs. The Device Coverage insurance is underwritten by Old Republic Insurance
Company and Asurion Insurance Services, Inc., (in New York, Asurion; in California, License
#0B35141; in Iowa, License #1001000131) is the insurance agent and provides claims
servicing under this program. The Device Enhanced Warranty plan is provided by Asurion
Technology Services, Inc.
Be Covered.
Your device is an important part of your life. Protect it
from mishaps, loss and other unfortunate incidents with
a protection plan for nTelos wireless customers. From
comprehensive coverage to an easy claims process, nTelos
wireless has you covered when it comes to safeguarding your
device.
What’s Inside
■ Device Protection Service . . . . . . . . . . . . . . . . . . p.0 3-6
■ Device Coverage . . . . . . . . . . . . . . . . . . . . . . . . . p.0 7-24
■ Device Enhanced Warranty . . . . . . . . . . . . . . . . . p.025-35
2
Device Protection Service covers your device against loss, theft,
liquid or physical damage and protects against mechanical or
electrical failures due to defects in materials or workmanship or
normal wear and tear.
Think of it as peace of mind for you.
Great Coverage. Great Value.
Device Protection Service combines Device Coverage and Device
Enhanced Warranty to provide comprehensive coverage for
$6.99 or $10.99 per month, per device (depending on model).
Here’s how it works:
If your covered nTelos wireless device, data card or Wi-Fi router
is lost, stolen or damaged (including liquid damage), the Device
Coverage program saves the day. A $50, $100, $170, or $200
non-refundable deductible (depending on device) applies per
approved claim occurrence. Device replacements for approved
claim occurrences typically arrive in one business day if
submitted before 10:00 PM ET*.
If your covered nTelos wireless device, data card, or Wi-Fi router
has a mechanical or electrical failure due to defect in materials
or workmanship or normal wear and tear, the Device Enhanced
Warranty program kicks in with a replacement. A $50, $100,
$170, or $200 non-refundable claim service fee (depending on
device) applies per approved claim for failures that occur after
the manufacturer’s warranty period expires. Device replacements
for approved claim occurrences typically arrive in one business
day if submitted before 10:00 PM ET.*
Device Coverage and Device Enhanced Warranty are each
available separately.
If you provide your email address or other electronic address to
nTelos, we may communicate program information and legal notices
with you through electronic means. If you wish to update your email
or opt out of electronic communications, please visit your local
nTelos store.
*Devices for claim occurrences submitted on Saturday or Sunday will typically arrive in two
business days.
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Device Protection Service
How to Enroll
Ask an nTelos wireless sales rep, go to www.nteloswireless.com,
or call 877-468-3567 to enroll.
How to File a Claim
To file a claim for a device that is lost, stolen, damaged, or
experiencing a mechanical or electrical failure, call 877-868-8775.
Device Protection Service Details
Summary of the Device Coverage terms and conditions
and the Device Enhanced Warranty terms and conditions
are located in this brochure.
Monthly Charge
$6.99 or $10.99 per month, per
device (depending on model)
Deductible/Claim
Service Fee*
$50, $100, $170, or $200
non-refundable deductible/claim
service fee per approved claim
depending on model
Limits
Three loss, theft or damage claim
occurrences within any consecutive 12
months with a maximum replacement
value of $1,500 per occurrence
Replacement
Equipment
· Claims may be fulfilled with new
or refurbished equipment
· If your same make and model is
not available, a comparable model
of a like kind and quality will be
substituted
· Color, features and accessory
compatibility are not guaranteed
Covered Incidents
Loss, theft, physical or liquid damage,
mechanical or electrical failure due to
defects in materials or workmanship
or normal wear and tear
Cancellation Policy
You may cancel your optional
coverage at any time and receive
a prorated refund of your unearned
premium/charges
* There is no claim service fee for approved mechanical or electrical claims during
the manufacturer’s warranty period.
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Device
Coverage
Device
Enhanced
Warranty
Monthly Charge
$6.99 or
$10.99
per month,
per device
(depending
on model)**
$5.39 or
$8.39 per
month,
per device
(depending
on model)
$2.99 or
$3.99 per
month,
per device
(depending
on model)
Deductible/Claim
Service Fee*
(non-refundable
deductible/Claim
Service Fee per
approved claim)
$50, $100,
$170, or
$200
depending
on device
model**
$50, $100,
$170, or
$200
depending
on device
model**
$50, $100,
$170, or
$200
depending
on device
model**
Mechanical or
Electrical Failure
due to defects
in Material and
Workmanship
or Normal Wear
and Tear
P
No
P
P
P
P
P
P
P
No
Summary
of Coverage
Options
Physical Damage
Liquid Damage
Loss & Theft
No
No
Device Protection Service includes Device Coverage and Device Enhanced Warranty.
Please refer to page 8 for a summary of the Device Coverage terms, conditions and
limitations of coverage.
Please refer to page 28 for the Device Enhanced Warranty terms, conditions and
limitations of coverage.
All applicable taxes and surcharges extra.
* There is no claim service fee for approved mechanical or electrical claims during the
manufacturer’s warranty period.
** See deductible schedule on page 6. For a complete and current list of devices with
associated premium and deductible amounts, please visit www.phoneclaim.com/ntelos
or call Asurion at 877-868-8775.
Covered Devices
Eligible nTelos wireless devices, data cards, or Wi-Fi routers. You
are also covered for the following accessories if the accessory was
part of the loss to the covered device: one standard battery, one
standard charger, one standard wired earbud (not wireless or other
specialty earpieces such as Bluetooth) and SIM card (if applicable).
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Device
Protection
Service:
Best
Value,
Broadest
Coverage
Coverage Limitations
Coverage is subject to certain limitations and exclusions, such
as loss caused by intentional acts or cosmetic damage. See
the summary of the Device Coverage terms and conditions and
the complete Device Enhanced Warranty terms and conditions
for exclusions and limitations.
SCHEDULE A
Deductible: $50 Claim Limit: $1,500
A sampling of devices includes:
Kyocera S2100 Luno
Samsung SCH-R390 Freeform 4
Samsung SCH-R680 Repp
Sonim XP3400 Armor
Motorola W845 Quantico
Samsung SCH-R261 Chrono
SCHEDULE B
LG Optimus F7
LG G3
Samsung Galaxy S2
HTC Desire 816
HTC Desire 601
HTC One M7
SCHEDULE C
Apple® iPhone® 4 (8GB)
Apple® iPhone® 4S (8GB)
SCHEDULE D
Apple® iPhone® 5C (8GB)
Apple® iPhone® 5C (16GB)
Samsung Galaxy S5
SCHEDULE E
Samsung Galaxy S6 (32GB)
Samsung Galaxy S6 (64GB)
Samsung Galaxy S6 Edge
Apple® iPhone® 6 Plus (16GB)
This list is updated from time to time. If your device is
not listed above or for a complete and current list of
devices with associated premium and deductible amounts,
please visit www.phoneclaim.com/ntelos or call Asurion
at 877-868-8775.
66
Device
Coverage
Device Coverage
Device Coverage provides coverage for your nTelos wireless
device, data card or Wi-Fi router if it is lost, stolen or damaged.
Device Coverage Details
A summary of the terms and conditions
is located in this brochure on page 11.
Monthly Premium
$5.39 or $8.39 per month,
per device (depending on
model)*
Deductible
$50, $100, $170, or $200
non-refundable deductible
per approved claim
depending on model*
Limits
Three loss, theft or
damage claim occurrences
within any consecutive 12
months with a maximum
replacement value of
$1,500 per occurrence
Replacement Equipment
· Claims may be fulfilled
with new or refurbished
equipment
· If your same make and
model is not available, a
comparable model of a
like kind and quality will
be substituted
· Color, features and
accessory compatibility
are not guaranteed
Covered Incidents
Loss, theft, physical or
liquid damage
Cancellation Policy
You may cancel your
optional coverage at
any time and receive a
prorated refund of your
unearned premium
* See deductible schedule on page 6. For a complete and current list
of devices with associated premium and deductible amounts, please visit
www.phoneclaim.com/ntelos or call Asurion at 877-868-8775.
8
Devices Covered
Eligible nTelos wireless devices, data cards, or WiFi routers. You are
also covered for the following accessories if the accessory was part
of the loss to the covered device: one standard battery, one standard
charger, one standard wired earbud (not wireless or other specialty
earpieces such as Bluetooth) and SIM card (if applicable).
To Enroll
Devices are only eligible for enrollment into the program upon
approval. Approval of your request is at the sole discretion of the
underwriter, Old Republic Insurance Company. You will receive a
notice if your device is approved for enrollment. If approved, coverage
is retroactive to when the request is submitted. If you receive a notice
that your device did not meet the program eligibility requirements, it
will not be eligible for enrollment into the program.
To File A Claim
· Call 877-868-8775 or visit www.phoneclaim.com/ntelos.
· If your device is lost or stolen, contact nTelos wireless
immediately at 877-468-3567 to suspend your service.
· File your claim within 60 days of loss and provide any information
requested to support your claim.
· Pay a $50, $100, $170, or $200 non-refundable deductible
depending on device model per approved claim occurrence.
· If your device is damaged or later recovered, it must be returned
to the authorized service center to avoid the non-returned
equipment charge of up to $300. We will mail you
the necessary shipping material to return the device and
avoid the charge.
Once a claim is approved by Asurion and you have paid the
appropriate non-refundable deductible, your device will be replaced
quickly and easily. Device replacements typically arrive in one
business day if submitted before 10:00 PM ET.* You will be shipped
the same or comparable equipment, of like kind and quality, with
similar features as your original equipment.
* Devices for claim occurrences submitted on Saturday and Sunday will typically arrive in two
business days.
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Device Coverage
Monthly billing will begin immediately following approval of your
request and verification that your service and account status are
active. A low monthly charge of $5.39 or $8.39 per month, per device
(depending on model) will be added to your nTelos wireless bill each
month. This charge is the premium payable to the underwriter, Old
Republic Insurance Company, which includes billing fees paid to
nTelos wireless and administrative fees payable to Asurion.
IMPORTANT DISCLOSURES
Coverage Limitations
This insurance coverage does contain limitations and exclusions.
For example, loss caused by intentional acts or cosmetic damage
and device failures due to faulty parts or workmanship are excluded.
Exclusions and limitations can be found in the included summary of
the Wireless Communication Equipment Commercial Inland Marine
Insurance Policy.
Duplication of Coverage
Device Coverage may provide a duplication of coverage already
provided by a consumer’s personal auto insurance policy,
homeowner’s insurance policy, renter’s insurance policy, personal
liability insurance policy or other source of coverage.
Associate Qualifications
Unless otherwise licensed, nTelos wireless sales reps are not
qualified or authorized to evaluate the adequacy of your existing
insurance coverage. Questions regarding this program should be
directed to Old Republic Insurance Company’s licensed agent,
Asurion, at 877-868-8775.
Optional
This is optional insurance coverage that you are not required to
purchase in order to purchase services or equipment.
Customer Support
Asurion and Old Republic strive to satisfy every customer and
ask that you allow them the opportunity to resolve any question,
concern or complaint you may have by calling 877-868-8775.
For residents of Maryland, the Maryland Insurance Administration
consumer hotline is 1-800-492-6166.
NOTE: Any person, who knowingly and with intent to injure,
defraud or deceive any insurer, files a statement of claim or
an application containing any false, incomplete or misleading
information is guilty of insurance fraud. In Florida, such conduct is
a felony of the third degree. In Oregon, this note does not apply.
The Device Coverage program is a service provided to customers
of nTelos wireless. Asurion is the agent and provides claims
servicing under this program. Old Republic Insurance Company is
the underwriter of the insurance.
The following is a summary of the Wireless Communication
Equipment Commercial Inland Marine Insurance Policy. THE
ENCLOSED POLICY CONTAINS A BINDING ARBITRATION
PROVISION THAT REQUIRES THE SUBMISSION OF ALL
DISPUTES (EXCEPT WHERE EXPRESS EXEMPTIONS
ARE PROVIDED) TO FINAL AND BINDING ARBITRATION
IN ACCORDANCE WITH THE PROVISION SET FORTH IN
PARAGRAPH 1 UNDER SECTION G. ADDITIONAL CONDITIONS.
10
Old Republic Insurance Company
SUMMARY OF WIRELESS COMMUNICATIONS EQUIPMENT
COMMERCIAL INLAND MARINE INSURANCE POLICY
Various provisions in the policy restrict coverage. Read the entire
policy carefully to determine rights, duties and what is and is not
covered.
The words ‘’we,’’ ‘’us’’ and ‘’our’’ refer to Old Republic Insurance
Company that is providing this insurance.
The terms ”you” and ”your” mean, as the context requires, the
First Named Insured or any Additional Insured or both.
The word “Agent” refers to Asurion Insurance Services, Inc.
(hereinafter “Asurion”).
The term “Authorized Service Center” means the service center
providing repair and replacement services on our behalf.
The term “Wireless Service Provider” means nTelos
Communications Inc. (hereinafter “nTelos”), who is the First
Named Insured, providing the Covered Property.
1.
Who Is Covered
a. First Named Insured
The First Named Insured is nTelos for its interest in
Covered Property.
b. Additional Insureds
The First Named Insured has the right to request
Additional Insured status for a customer for his
or her interest in Covered Property which he, she
or it owns (referred to herein collectively with the
First Named Insured as “Insured”). Requests for
coverage for Additional Insureds are subject to our
approval.
2. Covered Property
Covered Property means only the mobile wireless
communications equipment owned by you for which:
1) the unique identification number (Electronic Serial
Number (ESN) or Mobile Equipment ID (MEID)) of such
wireless device is reflected in the records of the Wireless
Service Provider at the time your coverage initially became
effective; and 2) for which outgoing airtime usage has
been logged with the Wireless Service Provider on your
account after coverage became effective; unless you have
© 2011 Asurion Insurance Services, Inc.
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Device Coverage
A. COVERAGE
In exchange for premium paid when due, we agree to
provide the coverage as stated in the policy on a month to
month basis, provided that any covered damage or loss to
the Covered Property is sustained while your coverage is in
effect.
logged outgoing airtime on a different wireless device
immediately prior to the time of loss, in which case such
wireless device becomes the covered property so long as:
i) such wireless device is owned by you and you provide
us proof of ownership; and ii) airtime usage was logged
on such wireless device on your account with the Wireless
Service Provider immediately prior to the time of loss.
The following Accessories, used with the wireless device
above: one standard battery (attached to wireless device
at time of loss if lost or stolen), one standard charger, one
SIM card (if applicable), or one standard wired earbud (not
wireless or other specialty earpieces such as Bluetooth).
Accessories will only be covered when they are part of
a loss to Covered Property and for which you may be
required to provide a proof of purchase.
3. Coverage Period
Coverage is provided for the Policy Period shown in the
Declarations subject to Section G.4.b.
4. Coverage Territory
We insure the Covered Property when it is present in the
United States or its territories and Canada. We do not
insure the Covered Property when it is outside the United
States or its territories or Canada.
We may require any claims occurring outside the United
States or its territories to be processed in the United States.
5. Covered Causes of Loss
Covered Causes of Loss means risks of being lost, stolen or
directly damaged, except as limited or excluded elsewhere
in the policy.
6. Property Not Covered
Covered Property does not include:
a. Contraband or property in the course of illegal
transportation or trade.
b. Data, meaning information input to, stored on, or
processed by the Covered Property. This includes
documents, databases, messages, licenses, contact
information, passwords, books, games, magazines,
photos, videos, ringtones, music, and maps.
c. Proprietary electronic devices included with
automobile systems and any motor vehicle or
watercraft original or after-market equipment or
accessories, whether or not permanently installed,
including any antenna or wiring.
d. Property that has been entrusted to (including to and
from) others for any service, repair or replacement,
other than the Authorized Service Center or its
designee.
e. Nonstandard Software, meaning software other than
Standard Software. “Standard Software” means
ORIC-WCEC-102 (11/11) – sum 11/15
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B. EXCLUSIONS
This insurance does not apply to loss or damage identified
in any of the following or directly or indirectly caused by or
resulting from any of the following:
1.
Governmental Authority
Seizure or destruction of property by order of governmental
authority.
2. Nuclear Hazard
Nuclear reaction or radiation, or radioactive contamination,
however caused. If physical loss or damage by fire ensues,
we will pay only for such ensuing loss or damage.
3. War
a. War, including undeclared or civil war;
b. Warlike action by a military force; or
c. Insurrection, rebellion, revolution, usurped power or
action taken by governmental authority in hindering
or defending against any of these.
Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage.
4. Delay, Loss of Use
Indirect or consequential loss or damage, including loss
of use, interruption of business, loss of service, loss of
market, loss of time, loss of profits, inconvenience or delay
in repairing or replacing lost or damaged Covered Property.
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Device Coverage
the operating system pre-loaded on or included
as standard with the Covered Property from the
manufacturer.
f. Wireless Equipment whose unique identification
number (including serial number, ESN, MEID, IMEI
or similar unique identification number) has been
altered, defaced or removed.
g. Nonstandard External Media, meaning physical
objects on which data can be stored but which are
not integrated components of the Covered Property
required for it to function. This includes data cards,
memory cards, external hard drives, and flash
drives. Nonstandard External Media does not include
Standard External Media. “Standard External Media”
means physical objects on which data can be stored
and that came standard in the original packaging
with the Covered Property from the manufacturer but
which are not integrated components of the Covered
Property required for it to function.
h. Any property you lease, rent or hold for others.
i. Any other equipment or accessories not described as
Covered Property.
j. Batteries (unless otherwise covered as a covered
accessory when part of a loss to other Covered
Property).
5. Electrical and Mechanical Breakdown
Failure of Covered Property to operate due to a faulty part
or workmanship or normal wear and tear when operated
according to the manufacturer’s instructions.
6. Dishonest or Criminal Acts
Dishonest, fraudulent or criminal acts by you, any
authorized user of the Covered Property, anyone you
entrust with the Covered Property or anyone else with an
interest in the Covered Property for any purpose, whether
acting alone or in collusion with others.
7.
Obsolescence
Obsolescence or depreciation.
8. Recall or Design Defect
a. Manufacturer’s recall; or
b. Error or omission in design, programming or system
configuration.
9. Cosmetic Damage
Cosmetic damage, however caused, that does not affect
the manufacturer’s intended use. This includes:
a. Cracking, marring, or scratching.
b. Change in color or other change in the exterior finish.
c. Expansion or contraction.
10. Covered Under Warranty
Loss or damage that is covered under the manufacturer’s
warranty. In the event we have knowledge of a prior
malfunction, proof of repair may be required before
coverage for future claims is applicable.
11. Late Claims
Claims not reported as required by Section E.3. of the
policy.
12. Programming, Repair Work
Programming, cleaning, adjusting, repairing, modifying,
installing, servicing, maintaining, or performing any other
work upon Covered Property.
13. Virus
Computer virus or any other malicious code or similar
instruction that:
a. Disrupts the normal operation of the Covered
Property; or
b. Results in destruction of or unsuitability of data or
programs stored in the Covered Property.
14. Voluntary Parting
Voluntarily parting with Covered Property by an Insured or
by any person entrusted with Covered Property, whether
or not induced to do so by any fraudulent scheme, trick,
device or false pretense.
15. Intentional Loss or Damage
Abuse, intentional acts, or use of the Covered Property
in a manner inconsistent with the use for which it was
ORIC-WCEC-102 (11/11) – sum 11/15
14
designed, intended, or advised by the manufacturer or that
would void the manufacturer’s warranty.
16. Pollution
The discharge, dispersal, seepage, migration or escape
of pollutants. Pollutants means any solid, liquid, gaseous,
or thermal irritant or contaminant including smoke, vapor,
soot, fumes, acid, alkalis, chemicals, artificially produced
electric fields, magnetic field, electromagnetic field, sound
waves, microwaves, and all artificially produced ionizing
or non-ionizing radiation and/or waste. Waste includes
materials to be recycled, reconditioned or reclaimed.
17. Fees or Charges
Any fees or charges assessed by the Wireless Service
Provider, whether the charges incurred are legitimate or
fraudulent.
18. Failure to Mitigate
Failure to do what is reasonably necessary to minimize the
loss and to protect the Covered Property from any further
loss.
19. Vermin
Insects, rodents, or other vermin.
Each Additional Insured is limited to 3 losses in any
consecutive 12 month time period, including losses incurred
by the Additional Insured under any prior consecutive policy
issued by us to the First Named Insured. When this limit is
exhausted, coverage will cease immediately and we will
notify the Additional Insured that coverage has ceased and
no future premiums are due.
D. DEDUCTIBLE
The Deductible is either $50, $100, $170 or $200 depending
on whether the Covered Property is found in Schedules A,
B, C, D or E and is non-refundable and is payable at the
time a repair or replacement is approved by the Agent. This
Deductible will apply to each filed and approved covered
claim, and does not reduce the Limit of Insurance. Only an
Insured may pay the Deductible.
E. INSURED’S DUTIES IN EVENT OF LOSS TO INSURED’S
COVERED PROPERTY
In the event of loss or damage to Covered Property, the
Insured presenting the claim must cooperate with us and see
that the following are done:
1. Suspend Wireless Service
Suspend your wireless communication service, if
applicable, as soon as possible if the Covered Property is
lost or stolen.
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Device Coverage
C. LIMITS OF INSURANCE
The most we will spend in any one occurrence to repair or
replace Covered Property is $1,500. The Limit of Insurance
applies separately to each claim.
2. Notify Police
If a claim involves a violation of law or any loss of
possession, notify the police and obtain a police report
or case number, the police station phone number, and
the officer’s name and badge number taking the report. If
requested, provide a copy of the police report to our Agent
within 30 days of request.
3. Notify Agent, Give Description
Notify Asurion within 60 days of the time of loss.
Give a complete description of:
a. The Covered Property, including make and
model, wireless number, if applicable, and unique
identification number (such as serial number, ESN,
MEID, IMEI or similar unique identification number);
and
b. How, when and where the loss or damage occurred.
4. Protect
Take all reasonable steps to protect the Covered Property
from further damage.
5. Permit Inspection
Permit us or our Agent to inspect the damaged property.
If we request to evaluate your equipment failure prior to
completion of your claim, we may require you to take the
Covered Property to a specified location in your area, or
send it to the Agent or Authorized Service Center at our
expense.
6. Statement Under Oath
If requested by us or our Agent, submit to questioning
under oath about a claim or other matter relating to the
policy. In such event, the answers must be signed and may
be recorded.
7.
Proof of Loss and Ownership
If required, provide:
a. Proof of ownership, such as a bill of sale, receipt,
proof of purchase or warranty exchange.
b. A signed, sworn proof of loss or damage containing
the information we or our Agent request to settle the
claim. We may require this statement to be notarized,
for which you may incur a nominal fee.
c. A copy of government-issued photo identification.
d. Other records and documents that may be reasonably
requested.
These records must be provided within 30 days after our
request for the documentation.
8. Return of Damaged and/or Malfunctioning Covered
Property
The Additional Insured is required to return the damaged
property including, if coverage is provided under the
policy, property that suffered mechanical and electrical
ORIC-WCEC-102 (11/11) – sum 11/15
16
breakdown, to a location designated by us. If the
replacement equipment is sent to you, you will be provided
a prepaid shipping label and envelope in which to return
the damaged property.
Disposal of the damaged Covered Property other than by
returning it to the location designated by us, requires the
prior consent of us or our Agent. If the damaged Covered
Property is not returned as directed within 15 days of the
receipt of the replacement equipment, a Non-Return Fee
as applicable to the model of Covered Property, not to
exceed the Non-Return Fee of up to $300 may be charged
to the Additional Insured.
Any recovery of lost or stolen property will accrue entirely
to our benefit.
F.
OUR DUTIES IN EVENT OF LOSS
1.
When We Repair or Replace
If a claim is made, we or our Agent will notify the Insured
of our Agent’s assessment of the claim within 10 days after
we or our Agent receive all the information requested from
the Insured presenting the claim.
Repair or replacement of the lost or damaged Covered
Property will be done within 30 days after the Insured,
or his or her designee has complied with all the terms of
the policy, and we have agreed with the Insured about the
repair or replacement.
2. Our Options
At our option, we or the Authorized Service Center may
repair the Covered Property with substitute parts or provide
substitute equipment that:
a. Is of like kind, quality and functionality;
b. Is either new, refurbished or remanufactured, and
may contain original or non-original manufacturer
parts; and
c. May be a different brand, model or color.
G. ADDITIONAL CONDITIONS
1.
Arbitration Agreement
Please read this Arbitration Agreement carefully.
It affects your rights. Most of your concerns about
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Device Coverage
9. Take Delivery
We may make available to you the approved replacement
equipment for pick up at your Wireless Service Provider.
We may also ship the approved replacement equipment
through our Authorized Service Center directly to you
within the United States for which you must be available to
take delivery of the replacement equipment within 30 days
of claim authorization. If you are not available at the time
you agree to take delivery, you may be required to pay the
costs of reshipping your replacement equipment.
the policy can be addressed simply by contacting us at
877-868-8775. In the unlikely event we cannot resolve any
disputes, including any claims under the policy, that you or
we may have, YOU AND WE AGREE TO RESOLVE THOSE
DISPUTES EITHER THROUGH BINDING ARBITRATION OR
SMALL CLAIMS COURT INSTEAD OF THROUGH COURTS
OF GENERAL JURISDICTION. YOU AND WE AGREE THAT
ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL
BASIS ONLY. YOU AND WE AGREE TO WAIVE THE RIGHT
TO A TRIAL BY JURY AND TO PARTICIPATE IN CLASS
ARBITRATIONS AND CLASS ACTIONS. Arbitration is more
informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury. It has more limited
discovery than in court and is subject to limited review by
courts. Arbitrators can award the same damages and relief
that a court can award.
For the purpose of this Arbitration Agreement, references
to “we,” “us” and “our” includes Old Republic Insurance
Company, our Agent, the First Named Insured and their
respective parents, subsidiaries, affiliates, agents,
employees, successors and assigns. The policy evidences
a transaction in interstate commerce, and thus the Federal
Arbitration Act governs the interpretation and enforcement
of this Arbitration Agreement. This Arbitration Agreement
shall survive the termination of the policy.
This Arbitration Agreement is intended to be interpreted
broadly, and it includes any dispute: (1) arising out of or
relating in any way to the policy or to the relationship
between you and us, whether based in contract, tort,
statute, fraud, misrepresentation or otherwise; (2) that
arose either before this Arbitration Agreement or policy
was entered into by you and us or that arises after this
Arbitration Agreement or policy is terminated; and (3) that
currently is the subject of a purported class action litigation
in which you are not a member of a certified class.
Notwithstanding the foregoing, this Arbitration Agreement
does not preclude you from bringing an individual action in
small claims court or from informing any federal, state or
local agencies or entities of your dispute. Such agencies or
entities may be able to seek relief on your behalf.
If you or we intend to seek arbitration, you and we must
first send to the other a written Notice of Claim (“Notice”)
by certified mail. Your Notice to us should be addressed to:
Legal Department, P.O. Box 110656, Nashville, TN 372220656. The Notice must describe the dispute and state the
specific relief sought. If you and we do not resolve the
dispute within 30 days of receipt of the Notice, you or we
may initiate an arbitration proceeding with the American
Arbitration Association (“AAA”). You can obtain the forms
necessary to initiate an arbitration proceeding by visiting
www.adr.org or by calling 1-800-778-7879. After we
ORIC-WCEC-102 (11/11) – sum 11/15
18
receive notice that you have commenced arbitration, we
will reimburse you for payment of any filing fee to the
AAA. If you are unable to pay a required filing fee, we will
pay it if you send a written request by certified mail to:
Legal Department, P.O. Box 110656, Nashville, TN 372220656. The arbitration shall be administered by the AAA in
accordance with the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes
(the “Arbitration Rules”) in effect at the time the arbitration
is initiated and as modified by this Arbitration Agreement.
You can obtain a copy of the Arbitration Rules by visiting
www.adr.org or by calling 1-800-778-7879.
The arbitrator appointed by the AAA to decide the dispute
is bound by the terms of this Arbitration Agreement.
All issues are for the arbitrator to decide, including the
scope of this Arbitration Agreement, with the exception
that issues relating to the enforceability of this Arbitration
Agreement may be decided by a court. Unless you and we
agree otherwise, any arbitration hearings will take place in
the county or parish of your billing address. If your dispute
is for $10,000 or less, you may choose to conduct the
arbitration hearings either by submitting documents to the
arbitrator or by appearing before the arbitrator in person
or by telephone. If your dispute is for more than $10,000,
the right to arbitration hearings will be determined by the
Arbitration Rules. We will pay all filing, administration and
arbitrator fees for any arbitration initiated pursuant to this
Arbitration Agreement, unless your dispute is found by the
arbitrator to have been frivolous or brought for an improper
purpose under Federal Rule of Civil Procedure 11(b). In that
case, the payment of such fees shall be governed by the
Arbitration Rules.
At the conclusion of the arbitration hearings, the arbitrator
shall issue a written decision which includes an explanation
of the facts and law upon which the decision is based. If
the arbitrator finds in your favor and issues a damages
award that is greater than the value of the last settlement
offer made by us or if we made no settlement offer and the
arbitrator awards you any damages, we will: (1) pay you
the amount of the damages award or $7,500, whichever
is greater; and (2) pay your attorney, if any, twice the
amount of the attorney’s fees and the actual amount of
any expenses reasonably incurred when pursuing your
dispute in arbitration. You and we agree not to disclose any
settlement offers to the arbitrator until after the arbitrator
has issued the written decision. The arbitrator may resolve
any disputes regarding attorney’s fees and expenses either
during the arbitration hearings or, upon request, within 14
days of the arbitrator’s written decision. While the right
to the attorney’s fees and expenses discussed above is
in addition to any right you may have under applicable
19
ORIC-WCEC-102 (11/11) – sum 11/15
Device Coverage
law, neither you nor your attorney may recover duplicate
awards of attorney’s fees and expenses. Although we may
have the right under applicable law to recover attorney’s
fees and expenses from you if we prevail in the arbitration,
we hereby waive the right to do so.
To the extent either declaratory or injunctive relief is
sought in the arbitration, such relief can be awarded only
to the extent necessary to provide the relief warranted
by a party’s individual claim. YOU AND WE AGREE THAT
EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY
IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Unless you and we
agree otherwise, the arbitrator may not consolidate the
dispute of another person with your or our dispute and
may not preside over any form of a representative or class
proceeding. If this specific provision of this Arbitration
Agreement is found to be unenforceable, then the entirety
of this Arbitration Agreement shall be null and void.
2. Claim Authorization and Loss Payment
We or Asurion has the right to settle the loss with the
Insured or his or her designee.
No claims will be accepted unless authorized by Asurion.
All repairs and replacements must be made by the
Authorized Service Center, unless we or our Agent gives
the Insured other specific directions. In no event will
Insureds be entitled to reimbursement for any out-ofpocket expenses.
3. Cancellation
a. How An Additional Insured Cancels
An Additional Insured may cancel the coverage
provided by notifying the Agent or First Named
Insured who will advise the Agent.
b. How We Cancel
We may cancel the policy or change the terms and
conditions only upon providing the First Named
Insured and Additional Insured with at least thirty (30)
days notice or other longer period as required by law
unless we cancel for the following reasons:
(1) We may cancel an Additional Insured under the
policy upon fifteen (15) days notice or other
longer period as required by law for discovery of
fraud or material misrepresentation in obtaining
coverage or in the presentation of a claim
thereunder.
(2) We may cancel an Additional Insured under the
policy immediately or other longer period as
required by law for the following reasons:
(a) for nonpayment of premium;
ORIC-WCEC-102 (11/11) – sum 11/15
20
Notices may be mailed or delivered to the First Named
Insured at its mailing address. Notices may be mailed
or delivered to the affected Additional Insureds’ last
known mailing or electronic addresses on file with us.
We or the First Named Insured shall maintain proof
of mailing in a form authorized or accepted by the
United States Postal Service or other commercial mail
delivery service. We or the First Named Insured may
comply with Section G.3.b. and c. by providing such
notice or correspondence to the First Named Insured
or its Additional Insureds by electronic means. If
accomplished through electronic means, we or the
First Named Insured shall maintain proof that the
notice or correspondence was sent.
The First Named Insured agrees to pay or act
as delivery agent for notice of cancellation to all
Additional Insureds.
e. Return Premiums, If Any
If the policy is canceled, any refunds due will be on a
pro rata basis. The cancellation will be effective even
if the refund has not been made or offered.
4. Eligibility
a. To be eligible for coverage you must be a valid, active
and current subscriber of your Wireless Service Provider.
21
ORIC-WCEC-102 (11/11) – sum 11/15
Device Coverage
(b) if the Additional Insured ceases to have
an active service with the First Named
Insured; or,
(c) if the Additional Insured exhausts the
aggregate limit of liability, if any, under
the terms of the policy and we send notice
of cancellation to the Additional Insured
within thirty (30) calendar days after
exhaustion of the limit. However, if notice is
not timely sent, enrollment shall continue
notwithstanding the aggregate limit of
liability until we send notice of cancellation
to the Additional Insured.
c. How First Named Insured Cancels
If the policy is cancelled by the First Named Insured,
the First Named Insured shall mail or deliver written
notice to each Additional Insured advising the
Additional Insured of the cancellation of the policy and
the effective date of cancellation. The written notice
shall be mailed or delivered to the Additional Insured
at least thirty (30) days prior to the cancellation.
d. How Notice of Cancellation is Provided
Notices made pursuant to Section G.3.b. and c.
shall be in writing and include the actual reason for
cancellation and the effective date of cancellation.
The coverage will end on that date.
b. Eligibility for enrollment after initial activation may be
subject to limitations.
If you request enrollment of coverage and your request
is approved by us, your coverage is retroactive to the
date of your application. The successful completion
of a test call to the Covered Property may be required
prior to our approval.
c. To be eligible for coverage you must not have engaged
in fraud or abuse with respect to this or a similar
communications equipment insurance program.
d. To be eligible for coverage you must not be in breach
of any material term of the policy, including but not
limited to failure to return damaged Covered Property
when requested in conjunction with a loss.
5. Changes
The First Named Insured, on its own behalf and on behalf
of the Additional Insureds, is authorized to make changes
in the terms of the policy with our consent. The policy’s
terms can be amended or waived only by endorsement
issued by us and made a part of the policy.
If notice of such changes is mailed, proof of mailing will be
sufficient proof of notice.
6. Concealment, Misrepresentation or Fraud
The policy is voidable in any case of fraud, intentional
concealment or misrepresentation of a material fact, by
either the First Named Insured or any Additional Insured or
their designee at any time, concerning:
a. The policy;
b. The Covered Property;
c. The Insured’s interest in the Covered Property; or
d. A claim under the policy;
but only with respect to their coverage.
7.
Conformity To Statute
We agree that any terms of the policy not in conformity
with the statutes of the state in which the policy is issued
are amended to conform to those applicable state statutes.
8. Benefit Only Available To Insureds
No person or organization, other than an Insured, will benefit
from this insurance. We may provide you access to other
limited benefits or services related to your Covered Property
where available. These may include: property location or
recovery services; data management or recovery services;
equipment service and maintenance; reduced cost upgrade
or purchase benefits or other services provided through your
Wireless Service Provider or other authorized service facilities.
9. Legal Action Against Us
No one may bring a legal action against us under the policy unless:
a. There has been full compliance with all the terms of
the policy;
ORIC-WCEC-102 (11/11) – sum 11/15
22
b. The action is brought within 2 years after the Insured
has knowledge of the loss or damage;
c. The action is brought in compliance with Section G.1.
10. Liberalization
If we adopt any revision in the policy which would broaden
the Coverage under the policy without additional premium
within 60 days prior to or during the policy period, the
broadened coverage will immediately apply to the policy.
If the First Named Insured provides monthly billing
and collection services for the Agent, all funds
collected by the First Named Insured are our property.
We may examine and audit the First Named Insured’s
books and records relating to such premium
payments and reporting at any time during the policy
period and up to three years afterward.
12. Transfer of Rights and Duties Under The Policy
(Assignment)
No rights and duties under the policy may be transferred
without our written consent.
13. Transfer of Rights of Recovery Against Others To Us
(Subrogation)
If after we have made good the covered loss or damage,
any Insured has rights to recover damages from another,
and those rights are transferred to us to the extent of
our cost of repair or replacement. The Insured must do
everything necessary to secure our rights and must do
nothing after loss or damage to impair them.
The foregoing is a generalized description of the policy. It is not a full
and complete version of the policy. Some provisions may differ by
state based upon applicable law. For more information or a copy of
the policy, you may call Asurion at 1-888-723-3360 or send a selfaddressed envelope to:
23
ORIC-WCEC-102 (11/11) – sum 11/15
Device Coverage
11. Premiums
a. The First Named Insured is responsible for the
payment of all premiums.
b. Within fifteen days after the end of each month, the
First Named Insured:
(1) Will report to the Agent the total number of
Covered Property units that were covered under
the policy as of the last day of that month; and
(2) Will remit the monthly premium to us through
the Agent based on that report.
The monthly premium will be calculated by
multiplying the Monthly Premium Rate per unit
of Covered Property by the total number of such
units.
c. The First Named Insured may request that Additional
Insureds be billed for the Monthly Premium Rate
applicable to their Covered Property.
Asurion Insurance Services, Inc. ATTN: Policy Copy, P.O. Box 110656,
Nashville, TN 37222-0656. Please include your account number so that the proper policy can be
delivered to you.
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
You are hereby notified that under the Terrorism Risk Insurance Act
as amended, you have a right to purchase insurance coverage for
losses resulting from acts of terrorism, as defined in Section 102(1) of
the Act: The term “act of terrorism” means any act that is certified by
the Secretary of the Treasury – in consultation with the Secretary of
Homeland Security, and the Attorney General of the United States – to
be an act of terrorism; to be a violent act or an act that is dangerous
to human life, property, or infrastructure; to have resulted in damage
within the United States, or outside the United States in the case
of certain air carriers or vessels or the premises of a United States
mission; and to have been committed by an individual or individuals
as part of an effort to coerce the civilian population of the United
States or to influence the policy or affect the conduct of the United
States Government by coercion.
YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY
THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF
TERRORISM, SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE
UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED
BY FEDERAL LAW. HOWEVER, YOUR POLICY MAY CONTAIN OTHER
EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE, SUCH AS AN
EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA, THE UNITED
STATES GOVERNMENT GENERALLY REIMBURSES 85% through 2015;
84% beginning on January 1, 2016; 83% beginning on January 1, 2017;
82% beginning on January 1, 2018; 81% beginning on January 1, 2019
and 80% beginning on January 1, 2020 OF COVERED TERRORISM
LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE
PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE
PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND
DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT
MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT.
YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE
ACT, AS AMENDED, CONTAINS A $100 BILLON CAP THAT LIMITS U.S.
GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS’ LIABILITY
FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM
WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR
EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL
INSURERS EXCEED $100 BILLION, YOUR COVERAGE MAY BE REDUCED.
You will not be required to pay a premium for terrorism coverage at
this time. If a premium is going to be charged for terrorism coverage,
we will provide you with advance notification of what that premium
will be. Your premium does not include any charges for the portion of
losses covered by the United States government under the Act.
24
Device
Enhanced
Warranty
Device Enhanced Warranty
Device Enhanced Warranty is a service contract program for
your wireless device that provides protection for mechanical or
electrical failure due to defects in materials or workmanship or
normal wear and tear. For complete terms and conditions, see the
enclosed service contract on page 28.
Covered Equipment Includes
Eligible nTelos wireless devices, data cards, or Wi-Fi routers. You
are also covered for the following accessories if the accessory was
part of the loss to the covered device: one standard battery, one
standard charger, one standard wired earbud (not wireless or other
specialty earpieces such as Bluetooth) and SIM card (if applicable).
Coverage is subject to certain limitations and exclusions, such
as loss caused by intentional acts or cosmetic damage. See the
terms and conditions for complete exclusions and limitations.
To Enroll
26
Device Enhanced Warranty Details
Complete terms and conditions begin on page 28.
Monthly Charge*
$2.99 or $3.99 per month,
per device (depending on
model)***
Claim Service Fee**
$50, $100, $170, or $200
non-refundable claim service
fee per approved claim
depending on model***
Limits
A maximum replacement value
of $1,500 per occurrence
Replacement Equipment
· Claims may be fulfilled
with new or refurbished
equipment
· If your same make and
model is not available, a
comparable model of a
like kind and quality will
be substituted
· Color, features and
accessory compatibility
are not guaranteed
Covered Incidents
Mechanical or Electrical
Failure due to defects in
Material and Workmanship
or Normal Wear and Tear
Cancellation Policy
You may cancel your optional
coverage at any time and
receive a prorated refund
of your unearned charges
THE ENCLOSED SERVICE CONTRACT CONTAINS A BINDING
ARBITRATION PROVISION THAT REQUIRES THE SUBMISSION
OF ALL DISPUTES (EXCEPT WHERE EXPRESS EXEMPTIONS
ARE PROVIDED) TO FINAL AND BINDING ARBITRATION IN
ACCORDANCE WITH THE PROVISION SET FORTH IN THE DISPUTE
RESOLUTION SECTION.
27
* $1.60 or $2.60 per month, per device (depending on model), when you enroll in Device
Protection Service.
** There is no claims service fee for approved mechanical or electrical claims during
the manufacturer’s warranty period.
***See the schedule on page 6. For a complete and current list of devices with associated
premium and deductible/claim service fee amounts, please visit
www.phoneclaim.com/ntelos or call Asurion at 877-868-8775.
Program Provider*:
Asurion Technology Services, Inc.
You can write to Us at:
Asurion Customer Care
Post Office Box 061078
Chicago, Illinois 60606-1078
*As used in this Contract, ”We,” “Us,” and “Our” means Asurion
Technology Services, Inc., the provider obligated under this
Contract. “You” and “Your” means the Person who purchased this
Contract.
Terms & Conditions
Device Enhanced Warranty.
These Contract terms and conditions together with Your monthly
bill from nTelos (the “Contract”) govern the Program, so You should
keep this Contract for future reference. Your nTelos wireless
telephone number for the Covered Equipment is Your Contract
number. If purchased by phone, internet or other electronic means,
this Contract is purchased in the state identified by Your nTelos
home calling area at the time of purchase.
Agreement.
You agree to all the provisions of this Contract when You order the
Program and/or pay for it. We may change the monthly charge for
the Program, the administration of the Program, or these terms
and conditions from time to time upon at least 30 days written
notice to You. Such notice may be provided in a Bill insert, as a
message printed on Your Bill, in a separate mailing, or by any other
reasonable method, at Our discretion. If You specifically authorize
Us to communicate with You by electronic communications (such
as e-mail), We may, at Our discretion, deliver any notice provided
for in this Contract to You by electronic communications. Your
continued use of the Program and payment of the charges, after
such notice, constitutes Your acceptance of the changes. The
Program is available only to customers of nTelos. Your participation
in the Program is optional, and You may cancel the Program at
any time. Please refer to the section in this Contract regarding
cancellation.
Definitions.
1> “nTelos” means nTelos Communications Inc. and any
successors. You can write to nTelos at 1154 Shenandoah Village
Drive, Waynesboro, Virginia 22980 or call 877-468-3567. 2>
“Asurion” means Asurion Technology Services, Inc. You can
reach Asurion Technology Services, Inc. (Asurion) by mail at Post
Office Box 061078, Chicago, Illinois 60606-1078 or call 877868-8775. 3> “Covered Equipment” means one Designated
Wireless Device. 4> “Designated Wireless Device” means
the Eligible Wireless Product which is activated for wireless
Form 2500 v._1__(Rev. 11/14)
28
telecommunications service for the enrolled wireless number on
Your account with nTelos on the date the Operational Failure of
the Eligible Wireless Product occurs and for which air time has
been logged by nTelos as identified by Electronic Serial Number
(ESN) or Mobile Equipment Identification Number (MEID). 5>
“Eligible Wireless Product” means a wireless product that We
have designated as eligible for coverage under the Program. 6>
“Operational Failure” means failure of the Designated Wireless
Device to operate due to operational, mechanical, or structural
failure from defects in materials or workmanship or normal
wear and tear. 7> “Replacement Equipment” means the
wireless device of comparable kind and quality to the Designated
Wireless Device which We provide to You in the event of a covered
Operational Failure of the Designated Wireless Device. 8> “Date
Issued” means the effective date of coverage which is the date
charges for the Program first apply. 9> The “Program” means
the Device Enhanced Warranty described in this service Contract.
What is Covered.
If the Designated Wireless Device fails due to an Operational
Failure, We will replace it with a device of comparable kind and
quality. We will replace the standard battery, standard charger
and/or standard wired earbud (not wireless or other specialty
earpieces such as Bluetooth) if the failure to these items occurs in
conjunction with the Operational Failure of the Designated Wireless
Device or if the Replacement Equipment is a different model.
THERE IS NO ASSURANCE, REPRESENTATION, OR GUARANTEE
THAT ANY REPLACEMENT EQUIPMENT WILL BE IDENTICAL
OR OFFER THE SAME FUNCTIONALITIES AS THE ITEM BEING
REPLACED. Replacement Equipment will be new, refurbished or
remanufactured, in Our sole discretion. For Operational Failures
during the term of the manufacturer’s warranty period, new,
remanufactured or refurbished replacements will be provided
by nTelos. Replacement Equipment immediately becomes the
Designated Wireless Device. You hereby assign to Us all rights
and benefits of any manufacturer’s warranty or other ancillary
coverage relating to any Covered Equipment that We replace.
Charges.
You will be charged once each month for the cost of this Contract.
Applicable non-return charges, claim service fees, non-covered
claim charges, shipping and restocking charges, taxes, and
regulatory surcharges and assessments, if any, may be added to
Your bill or, at Our discretion, collected from You prior to providing
Replacement Equipment. If We do not receive full payment on the
date due, a late payment fee of 1.5% per month or the highest
29
Form 2500 v._1__(Rev. 11/14)
Contract Period.
Your coverage begins on the Date Issued and continues from
month to month until terminated by You or by Us. We may elect
not to renew the Program upon 30 days written notice to You.
amount allowed by law, whichever is less, may be charged. A
charge may also be assessed for returned checks.
What is not Covered.
The Program does not cover:
1> Incidental or consequential damages; 2> failures caused by
acts of God, fire, flood, explosion, war, terrorism, strike, embargo,
acts of the government, military authority, or the elements; 3>
loss, theft, abuse, misuse, improper installation, water damage, or
customer negligence; 4> pre-existing Operational Failures of the
Covered Equipment occurring before the time it was established
as the Covered Equipment; 5> cracked displays; and 6> changes
or enhancements in color, texture, finish, expansion, contraction,
or any cosmetic damage to Covered Equipment however caused,
including, but not limited to, scratches and marring, that do not
affect the mechanical or electrical function of the Designated
Wireless Device.
Further, Covered Equipment does not include and the Program
does not cover:
1> Contraband or property in the course of illegal transportation
or trade; 2> Property in transit to You from anyone other than Us;
3> Consumable items, such as batteries (one standard battery
will be provided with Replacement Equipment on approved claims
for replacement of the Designated Wireless Device if the battery
has also failed); 4> Battery chargers (one standard charger will
be provided with Replacement Equipment on approved claims
for replacement of the Designated Wireless Device if the charger
has also failed); or 5> Any accessories, (except as otherwise
provided with respect to batteries, battery chargers, SIM cards,
and standard wired earbuds), including external storage devices,
color face plates, personalized data, or customized software, such
as personal information managers (PIMs), ring tones, games, or
screen savers.
To Obtain Service.
In the event of an Operational Failure of a Designated Wireless
Device: (i) During the term of the manufacturer’s warranty period,
call nTelos at 877-468-3567 or visit a nTelos retail location; (ii)
After expiration of the manufacturer’s warranty period, call Asurion
at 877-868-8775 or visit www.phoneclaim.com/ntelos. You must
file the claim within 60 days of the Operational Failure. We may
require You to provide a government issued photo i.d.
Claim Service Fee.
For Operational Failures that occur outside the manufacturer’s
warranty period for Covered Equipment replaced pursuant to this
Program, there is a $50 non-refundable claim service fee for the
Covered Equipment listed in Schedule A, a $100 non-refundable
claim service fee for the Covered Equipment listed in Schedule
B and Schedule C, a $170 non-refundable claim service fee
Form 2500 v._1__(Rev. 11/14)
30
for the Covered Equipment listed in Schedule D or a $200 nonrefundable claim service fee for the Covered Equipment listed
in Schedule E, each of which are attached hereto. You agree to
pay the claim service fee to Us prior to the replacement of the
Covered Equipment. If Your Operational Failure occurs within the
manufacturer’s warranty period, no claim service fee will apply.
Claim Limit.
We will cover the cost to replace the Covered Equipment up to a
maximum of $1,500 per claim.
Return of Replaced Equipment/Non-return Charge.
Covered Equipment approved for replacement must be returned
at Our expense in the return mailer provided within fifteen (15)
days. If Your claim for an Operational Failure during the term of
the manufacturer’s warranty period is fulfilled at an nTelos retail
location, however, Your Covered Equipment will be collected from
you at that time. You must return the Covered Equipment as
directed by Us, or we may charge You a non-returned equipment
fee applicable to the model of Covered Equipment that We replace.
YOU CAN AVOID THIS CHARGE BY SIMPLY RETURNING THE
COVERED EQUIPMENT AS DIRECTED.
Charge for Non-Covered Claims.
If We ship You Replacement Equipment, We will notify You in
writing within thirty (30) days of the return of replaced Covered
Equipment if We determine the returned Designated Wireless
Device did not suffer an Operational Failure covered by the
Program. The non-covered claim charge applicable to the model
of Replacement Equipment We provided will be applied unless You
return the Replacement Equipment, in good working order, at Your
cost of shipping within fifteen (15) days of Our notification. If You
return the Replacement Equipment as required by this Contract,
We will return to You Your original Covered Equipment and You will
be charged a $15 shipping and restocking fee.
31
Form 2500 v._1__(Rev. 11/14)
Cancellation.
This Contract may be cancelled by You or by Us for any reason
at any time. You may cancel this Contract by providing notice
to Asurion Customer Care at Post Office Box 061078, Chicago,
Illinois 60606-1078 or by calling 877-468-3567. If You cancel
this Contract within 30 days from Your receipt of this Contract (the
First 30 days), You will then receive a refund or credit for the full
Contract price paid unless You had a covered claim during the
First 30 days. Your refund will be 100% of the pro-rata amount of
the unearned portion of the Contract price paid, if any, based upon
elapsed time if:
(i) You cancel at any time after having a covered claim;
(ii) You cancel after the First 30 days; or
(iii) We cancel this Contract.
For residents of Maryland, any refund owed and not paid or
credited within 30 days of cancellation shall include a 10%
penalty per month. If You fail to make any monthly payment for this
Contract or any charge provided for in this Contract, coverage will
cease on the date the payment was due. In the event We cancel
this Contract, We shall provide You with a written notice at least
thirty (30) days prior to the effective date of cancellation, which
notice shall state the effective date and grounds for cancellation.
Any termination, cancellation, suspension, interruption, or
discontinuation of Your wireless product service with nTelos, or
any nTelos feature (including Device Coverage) that You purchase
in combination with this Program, for any reason constitutes
cancellation of the Program by You, subject to the terms and
conditions of this Contract.
Limitation of Liability.
In the event of any error, omission or failure by Asurion or nTelos
with respect to the Program or the services provided by Asurion
or nTelos hereunder, Asurion and nTelos RESPONSIBILITY AND
LIABILITY SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID
BY YOU FOR THE PROGRAM (BUT NO MORE THAN THE LAST
24 MONTHLY CHARGES YOU PAID FOR THE PROGRAM). THIS IS
YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE
OF Asurion OR nTelos PERFORMANCE. FURTHER, UNDER NO
CIRCUMSTANCES SHALL Asurion OR nTelos BE LIABLE FOR
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY
OR PUNITIVE DAMAGES (EVEN IF Asurion OR nTelos HAVE BEEN
ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH
DAMAGES), ARISING FROM THE PROGRAM OR Asurion OR
nTelos PERFORMANCE UNDER THE PROGRAM, OR UNDER ANY
PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED
TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST
BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS
CONTRACT, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
REGARDING THE PROGRAM AND SERVICES TO BE PROVIDED
HEREUNDER BY Asurion AND nTelos, INCLUDING ANY IMPLIED
WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE.
Arbitration Agreement.
Please read this Arbitration Agreement carefully. It affects
Your rights. Most of Your concerns about this Program can be
addressed simply by contacting Us at 877-868-8775. In the
unlikely event We cannot resolve any disputes, including any
claims under the Program, that You or We may have, YOU AND
WE AGREE TO RESOLVE THOSE DISPUTES THROUGH EITHER
BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD
OF THROUGH COURTS OF GENERAL JURISDICTION. YOU AND
WE AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON
AN INDIVIDUAL BASIS ONLY. YOU AND WE AGREE TO WAIVE
Form 2500 v._1__(Rev. 11/14)
32
THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN
CLASS ARBITRATIONS AND CLASS ACTIONS. Arbitration is
more informal than a lawsuit in court. Arbitration uses a neutral
arbitrator instead of a judge or jury. It has more limited discovery
than in court and is subject to limited review by courts. Arbitrators
can award the same damages and relief that a court can award.
For the purpose of this Arbitration Agreement, references to “We,”
“Us” and “Our” include Asurion and nTelos and their respective
parents, subsidiaries, affiliates, service contract insurers, agents,
employees, successors and assigns. This Contract evidences
a transaction in interstate commerce, and thus the Federal
Arbitration Act governs the interpretation and enforcement of this
Arbitration Agreement. This Arbitration Agreement shall survive
the termination of this Contract.
This Arbitration Agreement is intended to be interpreted broadly, and
it includes any dispute: (1) arising out of or relating in any way to this
Program or to the relationship between You and Us, whether based
in contract, tort, statute, fraud, misrepresentation or otherwise;
(2) that arose either before this Arbitration Agreement or Contract
was entered into by You and Us or that arises after this Arbitration
Agreement or Contract is terminated; and (3) that currently is the
subject of a purported class action litigation in which You are not
a member of a certified class. Notwithstanding the foregoing, this
Arbitration Agreement does not preclude You from bringing an
individual action in small claims court or from informing any federal,
state or local agencies or entities of Your dispute. Such agencies or
entities may be able to seek relief on Your behalf.
33
Form 2500 v._1__(Rev. 11/14)
If You or We intend to seek arbitration, You and We must first send
to the other a written Notice of Claim (“Notice”) by certified mail.
Your Notice to Us should be addressed to: Legal Department,
P.O. Box 110656, Nashville, TN 37222-0656. The Notice must
describe the dispute and state the specific relief sought. If You
and We do not resolve the dispute within 30 days of receipt of the
Notice, You or We may initiate an arbitration proceeding with the
American Arbitration Association (“AAA”). You can obtain the forms
necessary to initiate an arbitration proceeding by visiting www.
adr.org or by calling 1-800-778-7879. After We receive notice
that You have commenced arbitration, We will reimburse You for
payment of any filing fee to the AAA. If You are unable to pay a
required filing fee, We will pay it if You send a written request by
certified mail to: Legal Department, P.O. Box 110656, Nashville,
TN 37222-0656. The arbitration shall be administered by the
AAA in accordance with the Commercial Arbitration Rules and the
Supplementary Procedures for Consumer Related Disputes (the
“Arbitration Rules”) in effect at the time the arbitration is initiated
and as modified by this Arbitration Agreement. You can obtain a
copy of the Arbitration Rules by visiting www.adr.org or by calling
1-800-778-7879.
The arbitrator appointed by the AAA to decide the dispute is
bound by the terms of this Arbitration Agreement. All issues
are for the arbitrator to decide, including the scope of this
Arbitration Agreement, with the exception that issues relating to
the enforceability of this Arbitration Agreement may be decided
by a court. Unless You and We agree otherwise, any arbitration
hearings will take place in the county or parish of Your billing
address. If Your dispute is for $10,000 or less, You may choose to
conduct the arbitration hearings either by submitting documents
to the arbitrator or by appearing before the arbitrator in person or
by telephone. If Your dispute is for more than $10,000, the right
to arbitration hearings will be determined by the Arbitration Rules.
We will pay all filing, administration and arbitrator fees for any
arbitration initiated pursuant to this Arbitration Agreement, unless
Your dispute is found by the arbitrator to have been frivolous
or brought for an improper purpose under Federal Rule of Civil
Procedure 11(b). In that case, the payment of such fees shall be
governed by the Arbitration Rules.
At the conclusion of the arbitration hearings, the arbitrator shall issue
a written decision which includes an explanation of the facts and
law upon which the decision is based. If the arbitrator finds in Your
favor and issues a damages award that is greater than the value of
the last settlement offer made by Us or if We made no settlement
offer and the arbitrator awards You any damages, We will: (1) pay
You the amount of the damages award or $7,500, whichever is
greater; and (2) pay Your attorney, if any, twice the amount of the
attorney’s fees and the actual amount of any expenses reasonably
incurred when pursuing Your dispute in arbitration. You and We
agree not to disclose any settlement offers to the arbitrator until
after the arbitrator has issued the written decision. The arbitrator
may resolve any disputes regarding attorney’s fees and expenses
either during the arbitration hearings or, upon request, within
14 days of the arbitrator’s written decision. While the right to
the attorney’s fees and expenses discussed above is in addition
to any right You may have under applicable law, neither You nor
Your attorney may recover duplicate awards of attorney’s fees and
expenses. Although We may have the right under applicable law to
recover attorney’s fees and expenses from You if We prevail in the
arbitration, We hereby waive the right to do so.
To the extent either declaratory or injunctive relief is sought in
the arbitration, such relief can be awarded only to the extent
necessary to provide the relief warranted by a party’s individual
claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS OR REPRESENTATIVE PROCEEDING. Unless You and We
agree otherwise, the arbitrator may not consolidate the dispute
Form 2500 v._1__(Rev. 11/14)
34
of another person with Your or Our dispute and may not preside
over any form of a representative or class proceeding. If this
specific provision of this Arbitration Agreement is found to be
unenforceable, then the entirety of this Arbitration Agreement shall
be null and void.
Force Majeure.
We have no responsibility for delays or failures due to acts of God,
fire, flood, explosion, war, strike, embargo, acts of the government,
military authority, or the elements, or other causes beyond Our
control, and in such event, We may cancel this Contract and the
Program immediately.
Prohibitions on Transfer and Abuse of the Program.
This Program is for Your use only. It is not transferable by You
to any other person, and may not be assigned by You. Wireless
devices owned or leased by anyone other than You may not be
made a Designated Wireless Device. Any abuse of the Program
by You, including but not limited to seeking replacement of a
wireless device not belonging to You, may result in termination of
the Program upon notice.
Insurance.
This Contract is not an insurance policy; however, Our obligations
under this Contract are insured under an insurance policy issued
by Old Republic General Insurance Corporation, 445 South
Moorland Road, Suite 300, Brookfield, WI 53005. If We fail to
act on Your claim within 60 days, You may contact Old Republic
General Insurance Corporation directly at 262-797-3400.
Terms and conditions vary for nTelos customers purchasing in
some jurisdictions as set forth in this Contract. This Program may
not be available in all states.
State specific provisions.
In North Carolina:
You understand that the purchase of this Contract is not required
to purchase or to obtain financing for the Covered Equipment.
We may non-renew, but may not cancel this Contract prior to the
expiration of the monthly term except for non-payment by You or
for violation of any of the terms and conditions of this Contract.
35
Form 2500 v._1__(Rev. 11/14)
ASNTEL-0521-15
Devprotection – 1015

- Asurion

Transcription

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