This ProConnect Guarantee (the "ProConnect Guarantee") is a part of Your ProConnect Membership and incorporated into Your ProConnect Membership Benefits and Privileges Agreement ("Membership Agreement") by this reference. Capitalized terms not otherwise defined herein shall have the meanings set forth in Your Membership Agreement.
ProConnect Home Solutions, Inc. ("ProConnect", "We", "Us", or “Our”) stands behind its network of home service and repair professionals (each a “Pro”). Accordingly, subject to the terms and conditions set forth below, if You are not reasonably satisfied with the Pro who is sent to Your home, We will seek to rectify the situation. This is Our commitment to You, and together with the terms that follow, constitute the ProConnect Guarantee.
Please Note: The ProConnect Guarantee does not apply if You do not make payment, in full, for any Service Job completed by a Pro via the ProConnect Payment Processing System, via check payable to ProConnect or via other authorized means.
The terms and conditions for the ProConnect Guarantee are:
- The ProConnect Guarantee
- Description. The ProConnect Guarantee only applies to the scope of the Service Job (including only the part(s) or component(s) that were repaired, replaced or serviced during the Service Job) to which a Claim, defined below, relates and not to the item that was repaired, replaced or serviced more broadly. For example, if a component of an item that was repaired as part of the Service Job subsequently requires repair again within the applicable period, the ProConnect Guarantee applies to that component. However, if a different component of that very same item subsequently requires repair and that was out of scope of the Service Job, the ProConnect Guarantee will not apply, and that subsequent repair shall be treated as a new Service Job request. If You are not reasonably satisfied with Your Pro (or Pro Associate), We will, in Our sole discretion:
- Ask the original Pro (or Pro Associate) to return to Your job site to try to remedy the situation;
- Ask another Pro, at Our expense, to go to Your home to try to remedy the situation; or
- Refund the amount You paid to ProConnect for any work that We agree was deficient.
In addition, the following situations are not covered by the ProConnect Guarantee:
- If You materially alter or modify any parts, equipment, service or work provided by the Pro, except to the extent necessary to minimize damage to Your home/premises or such fix or repair was necessitated by exigent circumstances (such as loss of electricity or water, or water damage), as determined by ProConnect in its sole discretion.
- If, at the time of the performance of the Service Job, You declined recommendations made by the Pro (or Pro Associate) to address any problems identified during the Service Job or other problems that may have been discovered in the course of the performance of the Service Job.
- The Service Job was never performed.
- The Service Job was performed outside Your Member Benefit (e.g., the ProConnect Home Service) and/or not paid for through the ProConnect Payment Processing System (unless otherwise directed by ProConnect).
- Any dissatisfaction with pricing for the Service Job provided by Us or with any Service Window limitations.
- Claims not documented in their entirety to Our satisfaction.
- Service Job was completed more than thirty (30) days in the case of an eligible Service Job backed by the Pro (or Pro Associate) before date of filing a Claim.
- Claims caused by prior service or contractor not already covered by the ProConnect Guarantee.
- Pre-existing conditions, or unforeseeable or latent defects in the home premises.
- Claims due to the negligence of the Member or a third party (other than the Pro or the Pro Associate).
- Claims related to a manufacturer’s or a product’s defects.
- Claims unrelated to the Service Job.
- Claims arising out of acts of God, including but not limited to, pollution, earthquakes, pandemic, and weather-related events such as rain, wind, flood, hurricane, etc.
Furthermore, the following situations may limit Your coverage under the ProConnect Guarantee:
- A violation of the Membership Agreement.
- Claims with incomplete documentation.
- Claims related to Non-Covered Services.
- Claims resulting from improper use of an item (as defined by the manufacturer).
- Claims involving work that exceeds the final scope of the Service Job.
- Claims involving products or services, or uses of either, that are prohibited by law.
- Claims related to a Service Job completed without a Member or Member Agent present.
- Claims arising from items (including but not limited to tools) supplied by Member or resulting from the Member’s explicit instructions (e.g., Member directs the Pro Associate perform the Service Job in a manner that results in damages).
II. Filing and Processing a Claim
- Timing for Submission of Claims. If You choose to submit a claim under the ProConnect Guarantee, You must submit the claim in accordance with the process described herein within thirty (30) days after work on the Service Job has concluded. Any claims submitted after thirty (30) days will not be valid. All information provided during the claim process must be accurate and complete.
- Filing a Claim. If You wish to file a Claim, You must complete the form located at https://proconnect.formstack.com/forms/claims. If You choose to file a Claim, You are agreeing that We may share Your Claim and all the information You provide Us with the applicable Pro (or Pro Associate) that was initially referred to You to complete the Service Job at issue. As part of the Claim process, You will be asked to provide the following information: Your name, address, the name of the Pro, and a complete description of the reasons for Your dissatisfaction with the Pro. If Your complaint relates to the quality of the work by the Pro, please describe the Service Job performed, and the problem, and such other information or documentation (including photos) as will help Us assess Your Claim. You represent and warrant that all information included on Your Claim form or otherwise provided to Us and all documentation You submit relating to Your claim will be complete and accurate. We will determine if the evidence You provide is reasonable and sufficient, in Our sole discretion, and if so, We will process Your claim in accordance with the ProConnect Guarantee. We reserve the right to request additional information relating to Your Claim at any time, and Your rights under the ProConnect Guarantee are subject to Your providing Us with all requested information. ProConnect will work as expeditiously as possible to address Your claim, but You acknowledge that it may take up to six weeks from the time You submit Your Claim and all required documentation to complete resolution of Your Claim. However, We will have no liability for any failure to resolve or make payment for Your Claim within this projected time period. In addition, if You fix or repair (or hire another service provider to fix or repair) any problem that resulted in the filing of Your original Claim with Us prior to Us processing and resolving Your Claim, Your Claim will be automatically disqualified and You will be ineligible to receive any payment from Us for that Claim, unless such fix or repair was necessitated by exigent circumstances (such as loss of electricity or water, or water damage), as determined by ProConnect in its sole discretion.
- Validation of Claim. Upon receipt of Your Claim and documentation, We will evaluate Your Claim to determine if it is valid and, if so, We will determine the appropriate resolution. You agree that We may disclose to the assigned Pro (or Pro Associate), that initially accepted the Service Job at issue, the information You provide relating to Your Claim and the services provided to You. We reserve the right to determine in Our sole discretion that Your Claim is not valid. We will notify You of Our determination by sending an email to Your registered email address. You agree to cooperate with Us with respect to the resolution We choose. Any payments made by Us to You or actions that We may take under this policy will be in exchange for a full and final release of liability against ProConnect. We may ask You to sign an agreement confirming such release, as a condition to any such arrangements, but, regardless, Your acceptance of such remedies shall constitute Your agreement to such a release.
- Unable to Validate Claim. If We are unable to validate a Claim, We may consult with You to see if there are other ways that We may bring this matter to a satisfactory conclusion, such as, for instance, aiding You in direct discussions with the assigned Pro (or Pro Associate) or suggesting alternative dispute resolution options.
III. Miscellaneous Terms
- Changes to the ProConnect Guarantee. We retain the right change the ProConnect Guarantee at any time. We will notify You of changes to ProConnect Guarantee by posting the revised ProConnect Guarantee on this website with a new “Last Updated” date. You should check the date appearing at the beginning of the ProConnect Guarantee and review any changes since the last version. The revised ProConnect Guarantee will be effective when posted. However, the ProConnect Guarantee in effect on the date of Your most recent Service Job will apply to any Claim You make with respect to the services provided by a Pro or Pro Associate.
- How to Contact Us. If You have any questions about the ProConnect Guarantee, You may email Us at firstname.lastname@example.org.
- Termination. We may terminate the ProConnect Guarantee, in whole or in part, at any time for any reason in Our sole discretion. Any such termination will not affect the availability of the ProConnect Guarantee for any Service Jobs completed prior to such termination, but will be effective going forward as of the time the ProConnect Guarantee was terminated.
- Dispute Resolution and Class Action Waiver. For any disputes arising out of the ProConnect Guarantee, please see the Dispute Resolution provision of the Membership Agreement, which applies here as well.
THE MEMBERSHIP AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH ARE APPLICABLE TO THIS PROCONNECT GUARANTEE AND AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY.
- Severability; Interpretation. If any provision of this ProConnect Guarantee shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this ProConnect Guarantee, the term “including” shall be deemed to be followed by the words “without limitation.” No person, entity or agent, including any ProConnect employee, Pro or Pro Associate, may alter the terms of this ProConnect Guarantee other than in writing signed by an authorized representative of ProConnect. You may not assign or transfer the terms of the ProConnect Guarantee, and no party shall be a third-party beneficiary of these terms. The terms of this ProConnect Guarantee are not intended to and shall not be construed to give any person or entity other than You and Us any interest or rights (including, without limitation, any third-party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. ProConnect reserves the right, in its sole and absolute discretion, to eliminate the ProConnect Guarantee altogether or change, modify or delete any of the terms of this ProConnect Guarantee at any time, effective with or without prior notice and without any liability to You. If any future changes to this ProConnect Guarantee are unacceptable to You, You must immediately stop using Your ProConnect Membership or the applicable Member Benefit (e.g., the ProConnect Home Service). Your continued use of Your ProConnect Membership or any Member Benefits following any revision or modification to this ProConnect Guarantee constitutes Your complete and irrevocable acceptance of any and all such changes.
- Entire Agreement. This ProConnect Guarantee, together with the Membership Agreement, constitutes the entire and only agreement between ProConnect and each Member with respect to the ProConnect Guarantee and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this ProConnect Guarantee.