REFUND POLICY
COVERAGE
During the coverage period with Sekure Nest Home Services, our sole responsibility will be to arrange for a qualified Service Provider to repair or replace (as defined in Section K), at our expense (up to the limits set forth in Sections D and E below), in accordance with the terms and conditions of this Agreement.
Your Agreement term (the dates that Your Agreement is in effect), Your Agreement Fee, Your Service Fee, and Your equipment, systems, and appliances covered under this Agreement, are set forth in Your Coverage Details.
All systems must meet the following criteria: (a) must become inoperative due to normal wear and tear; (b) must be located inside the main foundation or detached garage (with the exception of pool/spa, well pump, septic tank pumping, sprinkler system, and air conditioner); (c) must be in proper working order on the effective date of this home warranty Agreement. Known or unknown pre-existing conditions are not covered.
This Agreement covers occupied homes under 5,000 square feet, unless an appropriate fee is paid.
COVERAGE STARTS 30 DAYS AFTER RECEIPT OF AGREEMENT FEE. YOUR COVERAGE MAY BEGIN BEFORE 30 DAYS IF WE RECEIVE PROOF OF PRIOR COVERAGE SHOWING NO LAPSE, THROUGH ANOTHER CARRIER.
Capitalized terms, not otherwise defined, are defined in Section K.
SERVICE REQUESTS
It is imperative to promptly request service upon discovering a malfunction and before your Sekure Nest Home Services Agreement expires. (Refer to your Coverage Details for instructions on how to request service.)
Upon requesting service, we will initiate contact with Service Provider(s) within 4 hours. Once your request is accepted by a Service Provider, you will be provided with their name, phone number, and appointment date and time. Please note that in certain situations, it may take more than 48 hours for a Service Provider to accept the request.
Services performed without prior approval will not be reimbursed.
For each service request submitted to us, you are responsible for paying a Service Fee as specified in your Coverage Details to the Service Provider.
If any work performed under this Agreement fails within 30 days, we will rectify the failure at no additional Service Fee.
We retain the sole right to choose the Service Provider.
MULTIPLE UNITS AND INVESTMENT PROPERTIES
Coverage under Sekure Nest Home Services is not applicable to duplex, triplex, or fourplex dwellings unless the specific unit within such dwellings is included in this Agreement with optional coverage. For agreements pertaining to a specific unit within a multi-unit dwelling with five or more units, only items within the boundaries of your individual unit are covered. Common Systems are excluded from coverage, except where explicitly specified otherwise in this section.
CANCELLATION (SEE SECTION L FOR STATE SPECIFIC DETAILS)
This agreement may be terminated by Sekure Nest Home Services for the following reasons:
– Nonpayment of the agreement fee by you
– Nonpayment of the service fee by you
– Fraud or misrepresentation by you of material facts related to the issuance of this agreement
– Mutual agreement of Sekure Nest Home Services and you
You have the right to cancel this agreement at any time for any reason. If you cancel within the first 30 days of the order date, we will refund the paid agreement fee, minus any service costs incurred by Sekure Nest Home Services (unless prohibited by law).
If you cancel after the initial 30 days from the order date:
– We will provide you with a pro rata refund of the agreement fee paid for the unexpired term at the end of the month in which you canceled, minus any service costs incurred by Sekure Nest Home Services (unless prohibited by law).
– If our service costs exceed the agreement fees to be refunded, you shall pay us the lesser of:
– The difference between our service costs and the fixed-term agreement fees paid or the annual monthly agreement fee paid
– For monthly plans, the amount by which your annual monthly agreement fee exceeds the annual monthly agreement fee paid in the year of your cancellation.
Additionally, you shall be responsible for an administrative fee, which is the lesser of:
– $50
– The amount permitted by law.
RESOLUTION OF DISPUTES-MANDATORY ARBITRATION (SEE SECTION L FOR STATE SPECIFIC DETAILS)
MEDIATION: Should any dispute or controversy arise concerning this Agreement, you agree to submit a written claim to Sekure Nest Home Services and allow a period of 30 calendar days for a response.
MANDATORY ARBITRATION: Any claim, dispute, or controversy arising from or related to this Agreement shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial or Consumer Rules. The arbitrator’s decision will be final and binding, and judgment upon the award may be entered in any court with jurisdiction. This clause is governed by the Federal Arbitration Act and ensures disputes are resolved through arbitration rather than litigation.
CLASS ACTION WAIVER: All claims must be brought in an individual capacity and not as part of a class action. The parties expressly waive the right to participate in any class or representative proceeding. The arbitrator is not authorized to conduct class actions or combine similar claims. This ensures that disputes are resolved individually through arbitration.
If you have multiple Agreements with Sekure Nest Home Services, you must file separate arbitrations for each Agreement. By agreeing to this clause, you waive the right to bring a single arbitration covering multiple Agreements.
CHOICE OF LAW/VENUE: This Agreement is governed by the laws of the State of New Jersey, and any disputes shall be resolved in the State of New Jersey unless otherwise agreed by the parties or prohibited by law.
MISCELLANEOUS STATE PROVISONS
Cancellation Rights for Residents of Alabama, Arkansas, Georgia, Hawaii, Massachusetts, Minnesota, New Mexico, Virginia, Wisconsin, and Wyoming:
If you reside in the states mentioned above, you have the right to cancel this Agreement within 20 days (30 days for Hawaii Residents) of receiving it. If the Agreement is provided to you at the time of sale, you have 10 days (20 days for Hawaii Residents) from the date of delivery to cancel. If no services have been provided and you cancel within the specified timeframe, you are entitled to a full refund of the amount paid. Failure to provide a refund within 45 days (30 days for Iowa Residents, 60 days for New Mexico Residents) may result in a penalty.
Additional Cancellation Terms for Specific States:
Alabama Residents: An administrative fee of up to $25 may be retained if the Agreement is canceled after the specified refund period.
Arizona Residents: The administrative fee will not exceed the lesser of $50 or 10% of the total amount paid for the Agreement.
Georgia Residents: We may cancel this Agreement for fraud, misrepresentation, or failure to pay. Upon cancellation, you will receive a refund of the unearned pro rata purchase price, less any claims paid.
Hawaii Residents: Your right to cancel and receive a full refund is non-transferable and applies only to the original purchaser.
Iowa Residents: The administrative fee will not exceed 10% of the total amount paid for the Agreement.
Nevada Residents: You have the right to return the Agreement within specified timeframes for a full refund. Failure to provide a refund within 45 days may result in penalties.
Oklahoma Residents: Refunds upon cancellation will be based on a percentage of the unearned pro rata Agreement Fee.
South Carolina Residents: If a refund is not provided within 45 days of cancellation, a penalty may be applied.
Utah Residents: We may cancel the Agreement for various reasons outlined in the policy. Cancellation notice will be provided, and refunds will be issued accordingly.
Vermont Residents: You may cancel within 20 days of receiving the Agreement for a full refund if no services have been provided.
Virginia Residents: We may cancel if coverage begins before the purchase of the residential property.
Wisconsin Residents: Your cancellation rights apply only to the original purchaser. The administrative fee will not exceed 10% of the total amount paid.
Wyoming Residents: Your cancellation rights apply only to the original purchaser. Notice of cancellation will be provided at least 10 days in advance, except for specific reasons outlined in the policy.