Congratulations, you have just made a wise financial decision to protect your new or reconditioned cellular telephone from possible unforeseen repair or replacement costs by purchasing a Cellular Telephone Service Plan from CWS (we provide you with more support/insurance coverage's for your dollars).
This Cellular Telephone Service Plan is an agreement between Computer Warranty Services, LLC (CWS), who is the underwriter and administrator of this Plan, and you, the Plan Holder. Contact CWS directly with any questions regarding any terms, conditions, services, or your payment of the Plan, by calling 1-877-614-7181 x711 This document sets forth the entire Plan and may be modified only by CWS and posted under the terms and conditions on the CWS web site.
CELLULAR TELEPHONE SERVICE PLAN TERMS AND CONDITIONS.
1. SERVICE PLAN:
It is the expectation of CWS that the Cellular Telephone (phone) is free from defects in workmanship and material on the Commencement Date of the Plan. The Plan Holder by purchasing the Plan certifies and acknowledges that the phone is free from any cosmetic damage, is operating to the expected specification of the manufacturer, and the best knowledge of the Plan Holder the phone has no operational defects. However, in the event the Plan Holder detects and reports to CWS during the Service Period of the Plan a defect in the workmanship or material of the Equipment, then CWS shall provide to the Plan Holder the services hereinafter described, subject to all of the terms and conditions of this Service Plan as of the Commencement Date or any modification made to the terms and conditions of the Plan during the Service Period.
A. Definitions:
As used in this Plan, the following terms shall have the following meanings: (1) Phone shall mean the cellular telephone device (which includes but shall not be limited to Standard Cell Phone, Smartphone, PDA, or Satellite Phone) with which this Plan provides service coverage; (2) Plan Holder shall mean only the rightful holder of the service plan of the equipment who is located in the continental United States or Canada and who is either the original purchaser of the cellular telephone device from the Manufacturer, from an authorized reseller, or an authorized person who receives a transfer of this Plan as provided below; (3) Person shall mean an individual, partnership, association, corporation, limited liability company, limited liability partnership, trust, estate, or other entity of any kind, as the case may be, including but not limited to a governmental entity or subdivision thereof; (4) Service period shall mean the prescribed period in the Plan commencing on the Commencement Date of the original purchase of this Plan or any renewal period subsequently purchased by the Plan Holder; (5) Commencement Date shall mean the date on which the Plan is purchased by the Plan Holder directly from CWS or the date purchased from an authorized reseller, through which the Plan Holder purchased the Plan; (6) Activation Form shall mean the Limited Service Plan Activation Form; (7) Deductible shall mean the payment required from the Plan Holder for each service incident requiring a deductible as stated in the Plan and covered under the Plan; (8) (ASP); shall refer to the exclusive CWS Authorized Service Provider which will provide all repairs and replacements, upon the approval of CWS under the terms and conditions of this Plan.
B. Coverage:
(i) This Service Plan extends only to the Plan Holder, and not to any other Person. Coverage as defined herein shall begin on the Commencement Date as defined herein. The Plan Holder is required to complete an Activation Form either electronically online at www.computerwarrantyservices.com or by printing the form at the same website location and completing manually and sending by email to CPI@computerwarrantyservices.com with the minimum information provided being: Name of Plan Holder, Physical Address for Plan Holder (this address must be able to receive United Parcel Service or other types of common carrier package shipments), Physical Address must also include City, State and valid Zip Code, two valid telephone numbers, the telephone number of the Phone covered by the Plan and an alternative telephone number where CWS will be able to contact Plan Holder should the Phone be in a non-working condition, email address, Phone original manufacturer of Phone, Phone model number, Phone serial number, Phone Holder's original date of purchase of the Phone and the location of the purchase of the Plan. CWS will confirm receipt of Activation Form. The submission of the Activation Form is a precedent condition to obtaining service performance under the Plan along with the chosen Plan payment.
(ii) The Plan Holder may obtain performance under this Plan by calling the Phone service toll free number appearing herein and report a defect in the workmanship or material of the Phone. It shall be the Plan Holder's responsibility to provide the Plan Holder?s Plan Number at the time of placing the call to prove the Commencement Date of the Plan. Plan Holder should retain a copy of the sales receipt from the time of original purchase in a safe place for this purpose. CWS reserves the right to refuse service to any Plan Holder who cannot or refuses to provide the Plan Holder's Plan Number, transaction number or to prove the Commencement Date of the Plan.
(iii) Only representatives of CWS or a CWS ASP may perform repairs on the Phone under this Plan. CWS in not responsible or financially liable for any repair or upgrade made to the Phone during the Service Period by any Person, including the Plan Holder, other than CWS or the ASP.
(iv) The Plan does not charge any deductible for the first required service under the Plan to the Plan Holder for the first required service within a twelve (12) consecutive month Plan coverage period starting from the Commencement Date of the Plan and then running from the anniversary of the Commencement Date and running for the next twelve (12) consecutive months. The Plan Holder will be required to prepay a forty dollar ($40) deductible for the second required service within a twelve (12) consecutive month Plan coverage period starting from the Commencement Date of the Plan and then running from the anniversary of the Commencement Date and running for the next twelve (12) consecutive months. The Plan Holder will be required to prepay a seventy five dollar ($75) deductible for the third required service within a twelve (12) consecutive month Plan coverage period starting from the Commencement Date of the Plan and then running from the anniversary of the Commencement Date and running for the next twelve (12) consecutive months. Each time a service issue requires CWS or the ASP to provide service to the Plan Holder's Phone; this deductible must be paid before the ASP will accept the Plan Holder's Phone for service at a ASP local walk-in or ASP Regional Repair location and before the ASP will provide the Plan services. It will be determined if a deductible payment is required at the time of the required service incident by calculating the number of required service incidents in the previous twelve (12) consecutive months preceding the date of the current required service incident. The deductible for a total Phone replacement shall be fifty ($50) dollars for a Standard Cell Phone, one hundred twenty five ($125) dollars for a Smartphone, and two hundred and fifty ($250) for a Satellite Phone.
(v) The Plan limits the total repair and / or replacement costs of the Plan Holders Phone under this plan is limited to a total of five hundred ($500) dollars for a Standard Phone, nine hundred ($900) dollars for a Smartphone, and one thousand ($1000) dollars for a Satellite Phone in any consecutive twelve (12) month period. The consecutive twelve (12) month period is considered the immediately preceding twelve (12) months from the date of the current required service incident.
(vi) The Plan limits Phone replacement to one (1) Phone within a twelve (12) consecutive month Plan coverage period starting from the Commencement Date of the Plan and then running from the anniversary of the Commencement Date and running for the next twelve (12) consecutive months.
(vii) During the Service Period, CWS will, at the sole discretion of CWS, repair or replace any Phone or Phone component having a defect in material or workmanship. All replacement parts shall be provided by CWS, at no cost to the Plan Holder, and shall either be repaired to the same functional operational condition as before the defect in material or workmanship occurred, or replaced with a replacement part or replacement Phone of equal value of the Phone registered and covered under the Plan; unless the Plan Holder chooses to replace the defective part or Phone with a replacement part or Phone of greater value than the Phone registered and covered under the Plan, and this action shall be called a Plan Holder Upgrade Option. Should the Plan Holder select the Plan Holder Upgrade Option, CWS at its sole discretion shall provide a credit to the Plan Holder equal to an amount that CWS at its sole discretion determines would be equal to the cost of the repairs or replacement as defined in the performance of the terms and conditions of the Plan. If CWS elects to provide any credit, then CWS will only provide a credit toward the purchase price of the replacement part or replacement phone purchase from CWS or CPR. CWS will not under any circumstances make a cash payment or credit directly to the Plan Holder or to any person or entity on behalf of the Plan Holder for the purchase of a replacement part or replacement phone as defined under the Plan Holder Upgrade Option of this Plan.
(viii) CWS will provide service performance under the Plan and return the Plan Holder's Phone to the operational functionality of the Phone previous to the required repair as promptly as reasonably and prudently as possible, given the Plan Holder's geographical location, ability to make the Phone available for service, availability of specific replacement parts or replacement phones, and other unexpected circumstances.
(ix) The Plan Holder may select either Carry-in Service to a local ASP location, or to ship the Phone at the Plan Holder's expense one way to the closest ASP regional service location, shipping charges from the ASP regional service location back to the Plan Holder will be paid by CWS as a provision of this Plan. CWS is not financially responsible or liable for any damage to or loss of the Phone that may occur during shipping to the ASP regional service center, CWS will insure the phone and pay for return shipping to the Plan Holder. However, (except in the case of deliberate damage or negligence or if the Plan Holder has purchased the CWS Premium Service Plan which includes Accidental Damage and Theft coverage) should it be determined by ASP service technicians that the Phone has not suffered a defect in material or workmanship, then CWS is totally released from any and all service performance as defined herein, the Plan Holder will be given the cost of the required repairs which will include return shipping charges, if sent to a ASP regional service location for service, and the Plan Holder may authorize that ASP complete the repair services. The Plan Holder will be required to prepay the full amount of the repairs as well as the amount for shipping the Phone from the ASP regional service location. If the Plan Holder elects to not have ASP complete the required repairs, the Plan Holder will be required to prepay the shipping fees from the ASP regional service location, as well as a thirty ($30) dollar diagnostic fee before the Phone is returned to the Plan Holder.
(x) CWS will not reload Plan Holder's Phone stored information, which includes but is not limited to contact's information or any information or software. Neither CWS nor the ASP shall be liable for the loss or destruction of data or media resulting from a defect in materials or workmanship covered by this Service Plan or resulting from the services performed hereunder. The Plan Holder is solely responsible for the security of Plan Holder's information or data. CWS strongly advises Customer to implement and maintain a daily routine to backup information or data to minimize the loss of data in the event of Phone failure.
(xi) All replacement parts shall also be covered under this Plan for the remainder of the Service Period or for thirty (30) days, whichever is longer.
C. Exclusions
This Service Plan does not include: (1) Set-up of the Phone; (2) Service required as a result of full immersion of the Phone in any liquid, no matter the cause or source; (3) Damage to the exterior surface or housing of the Phone caused by attempting to write, etched, branded or burned, pierce, etc.; (4) Problems resulting from negligence, misuse, abuse, or other physical casualty to the Phone: improper maintenance; electrical disturbances; acts of nature; or work, attachments, additions, alterations, or modifications by Persons, including the Plan Holder, other than CWS or the ASP: (5) Service needed as a result of improper operating environment: (6) Any problem not involving a defect in the Phone hardware, including, but not limited to, software problems and errors, programming problems and errors, software incompatibility problems, software installation problems and errors, and operating system problems and errors: (7) Any problem that cannot be solved by repair or replacement of defective Phone hardware: (8) Use of any item with the Phone if the item is not designated for use with the Phone; or (9) Any Phone that is not fully functional at the time the Plan was purchased by the Plan Holder; (10) Lost or stolen phones; (11) Any Phone that has been damages by any accident from dropping, improper electrical power damage, environmental exposure (either too hot or too cold).
2. Exculpation's
The maximum liability of CWS under this Service Plan is limited to the cost of replacing any defective Phone with a phone of equal value to the Phone registered and covered under the Plan. CWS shall not be liable to the Plan Holder for incidental and consequential damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Service Plan gives you specific legal rights, and you may also have other rights, which vary from State to State. In the event CWS fails for any reason to provide services to Plan Holder under this Plan, Plan Holder shall have recourse against CWS in compliance with the agreed to terms of this agreement and the laws of your state.
3. Responsibilities of Customer
Customer shall: (1) operate the Phone in an environment meeting the Phone's original manufacturer?s specifications as stated in the original manufacturer's Operators Manual or corporate product operating guidelines; (2) protect the supply of electricity to the Equipment through the use of appropriate surge protection devices; (3) procedurally comply with the functional operational capabilities as outlined in the Manufacturer's operating manual or corporate product operating guidelines; (4) promptly report to CWS any diagnostic messages; (5) permit no work on the Phone except by CWS or the ASP; (6) perform such diagnostic procedures or programs as requested by CWS or CPR; (7) safeguard and deliver Phone either to CPR, or ship the Phone to a ASP regional service location, using a method for delivery in a timely fashion. CWS shall not be responsible for the timeliness of repairs unless and until the Plan Holder delivers or ships the Phone to a ASP service location, or for any delays in shipping caused by the operational delays of the shipping entity, prevailing weather conditions, or holidays adding to shipping time. Any timeliness considerations shall begin upon receipt of the Phone by CPR or the ASP service location and ends upon the receipt of the Phone by the shipping entity to return to the Plan Holder; (8) provide CWS any change of address, telephone number(s), or email address of Plan Holder within thirty (30) days of such change; (9) notify CWS if Phone is lost or stolen within twenty-four (24) hours of Phone being lost or stolen; (10) notify CWS if a lost or stolen Phone in found or recovered within twenty-four (24) hours of Phone being found or recovered; (11) providing CWS with a written certification of any damage to the Phone that occurred from the Phone being lost or stolen.
4. Transfer of Service Plan:
This Plan may be transferred at any time during the Service Period hereof for a transfer fee of twenty ($20) dollars, paid to CWS. The transferee succeeds to the remaining term of the paid Service Period. Contact CWS at 877-614-7181 ext. 711 Customer Service line for information on how to complete a Plan transfer.
5. Indemnification
CWS shall not be liable for, and Plan Holder hereby indemnifies and holds CWS and ASP as service provider harmless from, any and all loss, damage, claim, or cause of action, direct or indirect, incidental or consequential, occurring to Plan Holder, or to the employees or agents of Plan Holder, or to any other third party, or to the property of any of the foregoing, which may arise as a result of any defect covered by this Plan or as a result of any service performed under this Plan.
6. Parts Availability
Because of the rapid development of technology in the cellular and mobile telephone industry, or for other reasons, a particular part may not be available from the Manufacturer. In such an event, CWS will make prudent and reasonable efforts to locate a compatible replacement part(s) from other sources. If CWS cannot locate a compatible replacement part, then, if possible, CWS will offer to upgrade Plan Holder?s system to the least expensive configuration that can provide at least the same functional service the Phone registered under the Plan provides and is considered of equal value to original Phone. In the event Customer chooses not to accept the upgrade, CWS shall not be responsible to make repairs under this Plan.
7. Constructions and Interpretations:
Customer's return of Activation Form shall constitute Customer's acceptance of and acquiescence to the terms of this Service Plan including the indemnification provisions. This Service Plan shall be governed by and construed in accordance with the laws of the State of Wyoming.
*In order for this Service Plan to be activated and the Phone registered for the Plan coverage to be in force an Activation Form must be submitted by the Plan Holder and on file with CWS.
This concludes the totality of this service plan.
For 24/7 System Support call: 1-877-614-7181 Option 1
For questions or additional information email us at
Info@CWS or Call CWS Customer Service at 1-877-614-7181 ext. 711