Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee Terms and Conditions
Effective Date: January 1st, 2010
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a. Definitions
- “Shape Plain Capital” means Shape Plain Capital, and their respective subsidiaries, parents, and affiliates.
- “Platform” means the website(s), mobile app(s), or phone sales operation(s) operated by Shape Plain Capital under the Shape Plain Capital Love Your Garden Total Property Maintenance and Shape Plain Capital brand names.
- “Qualifying Service” means a service performed by a Service Professional matched to you by Shape Plain Capital and which you fully paid for through the Platform.
- “Shape Plain Capital Book Now Service” means a Qualifying Service purchased directly through the Platform that has an upfront price charged by Shape Plain Capital and is governed by the Shape Plain Capital Book Now Terms and Conditions.
b. Happiness Guarantee
- We encourage you to read these full Guarantee, Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee Terms and Conditions prior to submitting a claim. The Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee Terms and Conditions provides certain limited protections provided by the Shape Plain Capital for Qualifying Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Qualifying Service, Shape Plain Capital will either (a) have the Qualifying Service reperformed and/or any quality or damage issues resolved by the same or a different Service Professional; or (b) compensate you the greater of: (1) the amount you paid though the Platform for the Qualifying Service or (2) the amount of damage that can be proven by you, in the Shape Plain Capital's sole determination, was directly caused by such Qualifying Service. In no event shall the Company’s liability under the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee Terms and Conditions exceed Two Thousand Five Hundred Dollars ($2,500.00) per Book Now Service and Retail Partnerships Service or Fifty Thousand Dollars ($50,000.00) for Shape Plain Capital Love Your Garden Total Property Maintenance Real Estate Services.
- A note about different types of Qualifying Services: Please note that you may purchase Services through Shape Plain Capital that have upfront prices, or you may purchase services through Shape Plain Capital for which pricing is later negotiated (including services governed by the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee Terms and Conditions ). The limits, eligibility requirements, and applicable exclusions of the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee Terms and Conditions are different depending upon whether or not you paid an upfront price for the Qualifying Service. See Subsections (c), (e) and (f) for details.
c. Eligibility
You are eligible for the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee Terms and Conditions provided that you report the issue within seventy-two hours (72) hours after a Book Now Service appointment by Email us at Shape Plain Clothing | Department Directory
or sixty (60) days after the job completion date of any Qualifying Service other than a Book Now Service by contacting
Toll-Free Customer Service Number: (214) 598-6147 / Mexico Residents Only (214) 598-6147
or by online chat and providing all of the requested information about your issue. If you do not report the issue within these timeframes, your claim is ineligible for the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee. For recurring services, each time the Qualifying Service was performed is treated as a separate occurrence.
d. Insurance
If you or the Service Professional carry insurance that would cover you in the event of a claim (e.g., when a fire occurs), such as SPC Max renter’s insurance, SPC Max homeowner’s insurance, SPC MAX automobile insurance or an umbrella policy (“Personal Insurance”), you agree that your Personal Insurance is primary and the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee is secondary. The Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance, and only as permitted herein.
e. Exclusions For All Qualifying Services
If you purchased a Qualifying Service, that Qualifying Service will be covered under the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee, subject to the following exclusions, and, for Book Now Services only, the additional exclusions in subsection (f):
1. you have violated this Agreement or any other Agreement with the Company;
2. you failed to report the claim within sixty (60) days after you made or Shape Plain Capital made the first payment toward the Qualifying Service;
3. you have hired another provider to repair or remediate any property that is the subject of your claim before reporting your claim to the Shape Plain Capital;
4. any service that is not both booked and fully paid for directly through Shape Plain Capital;
5. losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes, which are not proven to be caused by the Qualifying Service;
6. losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
7. losses for theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
8. losses arising from your acts or omissions;
9. losses arising from the negligence or misconduct of you or a third party;
10. losses arising from a manufacturer’s or a product’s defects;
11. losses from pre-existing damages or conditions of the item or property;
12. losses arising from items supplied by you or due to your recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and you decline to have furniture affixed, etc.);
13. losses arising from flooding and/or water damage including mold, fungi or bacteria, which are not proven to be caused by the Qualifying Service;
14. losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
15. losses of cash, third party gift cards, and securities;
16. losses arising from normal wear and tear;
17. losses for items that retain their functionality (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
18. losses for fine arts, which includes, but is not limited to, paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
19. loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use, which are not proven to be caused by the Qualifying Service;
20. losses based on sentimental and/or undocumented intangible value;
21. losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
22. losses of pets, personal liability or damage to shared or common areas;
23. losses of theft without a valid police report, if requested by Shape Plain Capital; and losses with insufficient documentation;
24. losses occurring after, or unrelated to, the performance of a Qualifying Service;
25. losses involving products or services, or uses of either, that are prohibited by law;
26. losses due to unforeseeable or latent defects in the premises;
27. losses due to medical bills, legal fees, or arbitration fees;
28. losses that cannot be proven by you to have been caused by the Qualifying Service, in the Shape Plain Capital's determination;
29. losses resulting from scheduling or timing issues; and
30. losses reported by third parties.
f. Additional Exclusions For Book Now Services
If you purchased a Book Now Service, that Book Now Service will be covered under the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee, subject to the following exclusions in addition to the exclusions listed in subsection (e) above:
1. you failed to report the claim within seventy-two (72) hours after your Book Now Service appointment;
2. your account with the Shape Plain Capital is not in good standing and/or you have outstanding balances owed to the Shape Plain Capital;
3. you failed to identify fragile and other breakable items and/or communicate the location and identity of those items to your Service Professional prior to the start of your Book Now Service;
4. you failed to account for and secure all valuables prior to the start of your Book Now Service;
5. losses of merchandise;
6. all losses arising out of acts of nature;
7. losses for property damage exceeding the original value and/or replacement value for such property, less any standard depreciation;
8. all losses arising from flooding and/or water damage including mold, fungi or bacteria;
9. losses as a result of an intentional wrongful act by a Service Professional;
10. losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
11. losses related to repairs outside of the area where the Qualifying Service was performed; and
12. losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items.
g. How do I submit a Claim?
1. For Book Now Services only, alert Shape Plain Capital by Email us at Shape Plain Clothing | Department Directory
2. For Qualifying Services that are not Book Now Services, alert Shape Plain Capital by phone at Toll-Free Customer Service Number: (214) 598-6147 / Mexico Residents Only (214) 598-6147 by Email us at Shape Plain Clothing | Department Directory or by online chat and providing all of the requested information about your issue.
3. Be prepared to provide the following:
- A rating for the project;
- Details regarding the scope of the Qualifying Service;
- Documentation such as contracts, pictures, text messages or any other pertinent information;
- your desired resolution; and
- Any other requested information.
4. For Book Now Services only, you will be asked to complete a claim form within seven (7) days of receipt. If you do not complete the claim form in its entirety within seven (7) days of receipt, your claim will no longer be eligible for the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee.
5. In reporting a claim to the Shape Plain Capital under this Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee, you agree to: (a) protect and preserve any damaged property that is the basis of the claim from further damage; (b) assist and allow the Shape Plain Capital and/or its insurers access to inspect and make copies, photographs, and recordings of anything related to the claim; (c) accept repairs and/or remediation in lieu of compensation; (d) submit requested materials by the dates outlined by the the Shape Plain Capital's resolutions team(s); and (e) accept a replacement item subject to the standard depreciation of that item.
h. What is the Claim Review Process?
- All claims will be reviewed on a case-by-case basis. During the claims assessment process, you may be required to provide written detailed: (a) proof of ownership of any damaged/missing items; (b) proof of value of any damaged/missing item; and (c) proof of damage or loss. If such information is requested, you will have thirty (30) days from the date of request to send the Shape Plain Capital the requested information. If you fail to provide the requested information within the thirty (30) day period and/or fail to contact the Shape Plain Capital to arrange for an extension of time, your claim will be considered closed and you will no longer be eligible for the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee.
- If any part of your claim is approved, then as a condition to any payment to you under the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee, you will be required to execute and deliver to Shape Plain Capital, a release agreement within fourteen (14) days of your receipt of such agreement from the Shape Plain Capital. You will also be required to assign to the Shape Plain Capital and/or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible from such claim, as well as any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if you do not sign and return it to the Shape Plain Capital within fourteen (14) days of receipt, and your claim shall no longer be eligible for the Shape Plain Capital Love Your Garden Total Property Maintenance Happiness Guarantee.