Cancellation of home warranties are governed by the terms and conditions consumers receive upon purchase of the warranty plan. The most current language, below, includes information related to the cancellation, non-renewal or modification of the warranty agreement. Consumers should refer to their received terms and conditions for provision of their warranty. Consumers can also contact OnPoint Warranty Solutions at 833-FIX-HOMZ for more information or a copy of their terms and conditions.
CANCELLATION, NONRENEWAL, AND MODIFICATION OF THE AGREEMENT:
- You may cancel the Agreement only by contacting Us or the Named Administrator in writing at 9900 Corporate Campus Drive, Suite 2050 Louisville, KY 40223. Cancellation becomes effective at the end of the current month of coverage.
- In the event of cancellation on an annual paid contract after thirty (30) days, a pro-rata refund minus any paid claims, will be issued for the unexpired term.
- In the event of cancellation of a quarterly or annual payment plan, a pro-rata refund, recalculated at the higher posted monthly rate, minus any paid claims, will be issued for the unexpired term.
- In the event You Cancel a monthly plan after thirty (30) days of the Contract Purchase Date, Your monthly billing will be cancelled and Your plan will continue until the paid through date expires.
- We reserve the right to cancel this Agreement upon thirty (30) days written notice. However, in the event of customer fraud, material misrepresentation, failure to pay, or termination as a customer, cancellation may be immediate. In the event of cancellation for customer fraud or material misrepresentation, We may demand immediate payment of the cost of all services provided to You, less any payments made, and no refund of any kind will be issued. The notice of cancellation will include the reason and the Service Plan Effective Date of cancellation.
- Once this Agreement is cancelled, You will be subject to a thirty (30) day waiting period if You wish to purchase another Agreement.
- This Agreement is renewable at Our option. If We choose to renew Your Agreement, You will be offered the terms, conditions and rates that are currently in effect in Your state and as indicated on Your Declaration Page.
- We reserve the right to update or modify the Terms and Conditions of this Agreement upon thirty (30) days written notice.
VII. Resolution of Disputes
- This provision constitutes an agreement to resolve any disputes, claims or controversies under this Agreement through good faith negotiation. Either party may initiate negotiations by providing written notice to the other party which lists the subject of the dispute and the relief requested. The parties will respond to any notices and requests in a timely and complete manner.
- The parties agree that if a dispute cannot be resolved, trial courts within the county where the Covered Property is located will have exclusive jurisdiction to try the dispute. WITHOUT REGARD TO CONFLICTS OF LAW ANALYSIS, ANY OBJECTIONS AS TO JURISDICTION OR VENUE IN SUCH COURT ARE EXPRESSLY WAIVED.
- BOTH PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATIONS, ADMINISTRATION, PERFORMANCE, OR ENFORCEMENT HEREOF.
- Unless otherwise required by the laws of the state where the Covered Property is located, this Agreement will be governed, construed and enforced in accordance with the laws of the State of Texas without regard to principles of conflicts of law.
- Any legal or judicial proceeding commenced by or on behalf of You under this Agreement (including the assertion by You of any counterclaim) will take place on an individual basis. Class actions, collective actions, and other similar representative proceedings of any kind or nature (whether pursued though the courts, through arbitration, or through any other judicial forum) are not permitted. BY ENTERING INTO THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT YOU MAY BRING CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY AND WAIVE ANY RIGHT TO BRING CLAIMS AGAINST US AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
- Any failure by Us to assert a right or enforce a requirement under this Agreement shall not be deemed a waiver of that or any other right or requirement and shall not preclude Us from asserting any right or enforcing the requirement at any time.
STATE SPECIFIC CANCELLATION PROVISIONS AND NOTICES
Regulation of service plans may vary widely from state to state. Any provision within this Agreement, which conflicts with the laws of the state where You reside, shall automatically be considered to be modified in conformity with applicable state laws and regulations as set forth below. The following state specific requirements apply if Your Service Agreement was purchased in one of the following states and supersede any other provision within Your Service Agreement terms and conditions to the contrary.
Colorado Residents - Action under this Agreement may be covered by the provisions of the “Colorado Consumer Protection Act” or the “Unfair Practices Act” articles 1 and 2 of title 6, C.S.R., and a party to such an Agreement may have the right of civil action under such laws, including obtaining the recourse or penalties specified in such laws.
Kentucky Residents – You are entitled to make a direct claim against the surety insurer if We fail to pay any covered claim within 60 days after the claim has been filed. The Surety Insurer is Arch Insurance Company, who can be contacted at Harborside 3, 210 Hudson Street, Suite 300, Jersey City, NJ 07311-1107.
Louisiana Residents – In addition to Your cancellation rights listed above, You may cancel this Agreement within 20 days of the date this Agreement was mailed to You or within 10 days of delivery if this Agreement is delivered to You at the time of sale or within a longer time period permitted under this Agreement. If You have not received any Service, You are entitled to a full refund of the amount paid by You under this Agreement. A 10% penalty per month must be added to a refund that is not paid or credited to You within 45 days after the cancellation of this Agreement. If this Agreement is cancelled by Us, We shall mail a written notice to You at the last known address at least 15 days prior to cancellation by Us. Prior notice is not required if the reason for cancellation is nonpayment of the Contract Fee, material misrepresentation or substantial breach of duties by You.
Maryland Residents – This Agreement is extended automatically if We fail to perform the services under the Agreement and will not terminate until the services are provided in accordance with the terms of the Agreement.
Michigan Residents - If performance of this Agreement is interrupted because of a strike or a work stoppage at Our place of business, the effective period of this Agreement will be extended for the period of the applicable strike or work stoppage.
OPW HB UR HW 01-2020
fixHomz welcomes your questions or comments regarding the Cancellation policies! Contact us at:
OnPoint Warranty Solutions LLC, through its fixHomz brand,
9900 Corporate Campus Drive, Suite 2050
Louisville, Kentucky 40223