Candu Will Do Guarantee™
Last Updated: December 2, 2019
This Candu Will Do Guarantee ("Candu Will Do Guarantee") is a part of your Candu Membership and incorporated into your Candu Membership Agreement ("Membership Agreement") by this reference. Capitalized terms not otherwise defined shall have the meanings set forth in your Membership Agreement.
1. What is the Candu Will Do Guarantee?
We believe we offer unrivaled expertise to help you take the hassle out of home ownership by serving as your personal resource, guide and advisor. However, our belief is not enough – we want you to believe too! We want you to be confident using us to handle your service needs and to be fully satisfied with our unmatched network of Candu Pros. That is why we are offering you this Candu Will Do Guarantee as part of your Candu Membership. If you are not satisfied with how your Service Job is handled we want to make it right. Read below to learn more.
2. When does the Candu Will Do Guarantee apply to you?
When you sign up for a Candu Membership, use one of our repair service Member Benefits (e.g., the Candu Appliance Home Repair Service) and schedule a Service Job to handle your repair needs, you will automatically receive the benefits of the Candu Will Do Guarantee. All Service Jobs get the same core Candu Will Do Guarantee coverage regardless of the Service Method chosen (e.g., Flat Fee or Diagnosis Only Fee). However, the coverage of the Candu Will Do Guarantee may be enhanced depending on the Service Method you chose for your Service Job. For example, all Service Jobs get the same core home property damage coverage described below, but if you chose to have your Service Job handled for a Flat Fee, the Candu Pro (and the Company) will stand behind the Service Job repair for a full six (6) months as described below.
3. How does the Candu Will Do Guarantee work?
In order to ensure your Service Job is completed to your full satisfaction, we offer you the following Candu Will Do Guarantee core promises:
· Vetted Candu Pro Promise. We have vetted and quality-rated every Candu Pro we use for Service Jobs. We also require all Candu Pros to conduct Identity and Background Checks on themselves, their employees and their contractors including the Candu Pro Technician who arrives at your home.
· Quality of Service Promise. We are your home repair advocate. We will work with you and the Candu Pro to make sure you are fully satisfied with your Service Job during service or at time of completion. If you are unhappy with the quality of the service performed by the Candu Pro on a Service Job, we will have that Candu Pro – or another Candu Pro – correct or re-do the unsatisfactory work at no cost to you. If you are still not satisfied, we will refund the amount you paid for the Service Job through us. Please Note with respect to the Candu Appliance Home Repair Service: This does not cover work completed under a Non-Covered Service Agreement with a Candu Pro not paid for through the Candu Payment Processing System.
· Peace of Mind Property Damage Promise. In the unlikely event of any physical damage to, loss, or destruction of your tangible property (“Property Damage”) that is incurred by you during the performance of a Service Job by a Candu Pro (or a Candu Pro Technician), as your advocate, we will help you file and manage a claim with the Candu Pro and/or your Personal Insurance (as defined in Section 6 below), as applicable. We will be here to work with you to ask questions and seek answers and will not stop until the Property Damage incident is resolved. In order to help make it right, we may, in our sole discretion, compensate you for up to $2,500 per occurrence for any Property Damage in lieu of, or in addition to, any amounts you may be eligible to receive from the Candu Pro or your Personal Insurance for your Property Damage claim.
Plus, if your Service Job includes a Flat Fee, you will also receive the following enhanced Candu Will Do Guarantee promise:
· 6 Month Extended Repair Promise. Every Flat Fee Service Job is backed by the Candu Pro for a full six (6) months. If the same part or component that was repaired during a Flat Fee Service Job requires repair within six (6) months after your Service Job is complete, the Candu Pro will come out again to fix the same part or component at no additional cost to you. If the Candu Pro is unable to do so, we will engage another Candu Pro fix the part or component at no cost to you. If it is determined that a repair the item is not feasible, the terms of the Membership Agreement applicable to repairs that are not feasible shall apply.
4. How do you file a claim under the Candu Will Do Guarantee?
You can file a claim under the Candu Will Do Guarantee (a “Claim”) when all of the following conditions have occurred:
1. You are not satisfied with the Service Job performed under the applicable Member Benefit (e.g., the Candu Appliance Home Repair Service).
2. You have paid for the Service Job directly through the Candu Payment Processing System.
3. Your issue relates to the Service Job handled by the Company (and not to a Non-Covered Service Agreement with the Candu Pro).
4. Your Service Job was completed within the last fourteen (14) days (except for any Flat Fee Service Job backed by the Candu Pro for a full six (6) months). For recurring services, we treat each repair appointment as a separate occurrence.
Please contact us 1-833-726-9450 to begin the process of filing a Claim under the Candu Will Do Guarantee. After you file a Claim with the necessary information, we will investigate and work with you and the Candu Pro to quickly resolve the issue. Please keep in mind that any documentation provided during the investigation may be shared with all parties involved in the Claim.
During our Claim review process, you agree to help us be your advocate by (i) protecting and preserving any damaged property that is the basis of a Claim from further damage; (ii) assisting or allowing the Company or its agents access to make copies, photographs and recordings of anything relating to the Claim; (iii) allowing the Company, the Candu Pro or their insurers access to inspect anything relating to the Claim; and (iv) submitting requested materials on a timely basis.
5. What restrictions or limitations apply to the Candu Will Do Guarantee?
The Candu Will Do Guarantee only applies to the scope of the Service Job (including only the part(s) or component(s) that were repaired during the Service Job) to which a Claim relates and not to the item that was repaired more broadly. For example, if a component of an item that was fixed as part of the Service Job subsequently requires repair again within the applicable period, the Candu Will Do 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 Candu Will Do Guarantee will not apply and that subsequent repair shall be treated as a new Service Job request.
Your Member Account also must be in good standing, with no outstanding or pending balances owed to the Company, for you to file a Claim under the Candu Will Do Guarantee. In addition, the following situations are not covered by the Candu Will Do Guarantee:
The Service Job was never performed.
The Service Job was performed outside your Member Benefit (e.g., the Candu Appliance Home Repair Service) and/or not paid for through the Candu Payment Processing System.
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 fourteen (14) days (or more than six (6) months in the case of a Flat Fee Service Job backed by the Candu Pro) before date of filing a Claim.
Claims caused by prior service or contractor not already covered by the Candu Will Do Guarantee.
Unforeseeable or latent defects in the home premises.
Claims due to the negligence of the Member or a third party (other than the Candu Pro or the Candu Pro Technician).
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, and weather-related events such as rain, wind, flood, hurricane, etc.
Furthermore, the following situations may limit your coverage under the Candu Will Do 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 present unless a Member Agent was 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 Candu Pro Technician perform the Service Job in a manner that results in damages).
6. Is the Candu Will Do Guarantee a form of Insurance?
You understand and agree that the Candu Will Do Guarantee is not insurance, and that neither you nor any other Member or third party is an insured or third party beneficiary under the terms of any Company insurance policy.
The Company has the right to subrogate against any person or entity who may be responsible for causing the losses giving rise to a Claim, including Candu Pros or any third party. By making a Claim under Candu Will Do Guarantee, you agree you will assist in and cooperate fully with any actions taken by us or our agents to subrogate a Claim.
If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowner’s insurance, medical insurance, or an umbrella policy (“Personal Insurance”), we may seek compensation for Claims from your Personal Insurance in addition to seeking compensation by way of the Candu Will Do Guarantee. As your advocate, we will help you file and manage a claim with the Candu Pro and/or your Personal Insurance and, in connection with this help, you agree the Company has the right to provide your contact information to an insurance company or to the Candu Pro in order to facilitate a resolution of a Claim.
7. What else do I need to know?
THE MEMBERSHIP AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH ARE APPLICABLE TO THIS CANDU WILL DO GUARANTEE AND AFFECT YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY.
No person, entity or agent, including any Company employee, may alter the terms of this Candu Will Do Guarantee other than in writing signed by an authorized representative of the Company. You may not assign or transfer the terms of the Candu Will Do Guarantee, and no party shall be a third party beneficiary of these terms. The terms of this Candu Will Do Guarantee are not intended to and shall not be construed to give any person or entity other than you 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. The Candu Will Do Guarantee shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. The Company reserves the right, in its sole and absolute discretion, to eliminate the Candu Will Do Guarantee altogether or change, modify or delete any of the terms of this Candu Will Do Guarantee at any time, effective with or without prior notice and without any liability to you. If any future changes to this Candu Will Do Guarantee are unacceptable to you, you must immediately stop using your Candu Membership or the applicable Member Benefit (e.g., the Candu Appliance Home Repair Service). Your continued use of your Candu Membership or any Member Benefits following any revision or modification to this Candu Will Do Guarantee constitutes your complete and irrevocable acceptance of any and all such changes.