/iSmart Terms and Conditions prior to March 2018
iSmart Terms and Conditions prior to March 2018 2018-05-04T15:57:42+00:00

 

Terms & Conditions prior to March 2018

Thank You for purchasing and participating in one of the Protect IT Plans offered by Fixit Mobile, LLC. It is Our intent to do everything possible to help You keep Your technology operating at its fullest potential. Please read this Protect IT Plan carefully so that You understand the coverage and limitations of this agreement. These Terms and Conditions constitute Your Protect IT Plan (“Protect IT Plan” or “Plan”) service contract with Fixit Mobile, LLC or its related subsidiaries and affiliates (“Fixit”).

DEFINITIONS:

“We,” “Us” and “Our” shall mea Fixit Mobile, LLC, located at 7206 South 900 East, Midvale, Utah 84047; 1-801-508-4349 for Utah Residents, or Toll Free at 1-855-IQUEREPAIR (1-855-478-3737). “Plan” or “Agreement” shall mean the terms of the Protect IT Plan specified here in this Extended Warranty for the specified coverage. These Terms and Conditions describe two Plan types, namely “Protect IT Protection,” and “Protect IT Monthly” plans, and will be referred to interchangeably as “Protect IT Plan” unless specifically distinguished as “Protect IT Protection,” or “Protect IT Monthly.” “Product” or “Covered Product” shall refer to the mobile device for which You purchased this Protect IT Plan for and which is listed on Your Receipt. The words “You” and “Your” refers to the purchaser of this Plan. “Manufacturer Supported Products” (MSP) are defined as new, non-refurbished Products that include iPhone®, iPad®, and iPod® mobile devices manufactured by the original manufacturer, Apple, Inc. All other devices are registered by their associated manufacturers and they retain the rights. “Repair” shall mean the services provided by Fixit Mobile to restore the Product to its normal functionality. “Component(s)” shall mean the one or more mechanical or electrical items that will be repaired or replaced during the repair of a Product. Typical Components under this Protect IT Plan refer to the battery, front and back glass, power ribbon, USB port, etc. Deductible fees for one or more components on a Product(s) are specified in the DEDUCTIBLE section for Protect IT Protection. “Administrator” shall mea Fixit Mobile, LLC. The aforementioned Administrators are located at Fixit Mobile, LLC, located at 7206 South 900 East, Midvale, Utah 84047. The toll free telephone number for Fixit Mobile’s Protect IT Plan Administrators is 1-801-508-4349 for Utah Residents, or Toll Free at 1-855-IQUEREPAIR (1-855-478-3737)

THE IQUE REPAIR GUARANTEE:

Our obligations under these Protect IT Plans are guaranteed by Fixit Mobile, LLC, located at 7206 South 900 East, Midvale, Utah 84047. The toll free telephone number for these Administrators is 1-801-508-4349 for Utah Residents, or Toll Free at 1-855-IQUEREPAIR (1-855-478-3737) If We fail to provide service on a claim within sixty (60) days after proof of loss has been filed, You are entitled to make a claim directly against Fixit Mobile, LLC after following the recommended steps in the SERVICE AND CLAIM SATISFACTION section of this agreement.

PURCHASE PRICE:

The Purchase Price of Your Protect IT Plan is printed on the purchase receipt (“Receipt”) emailed or provided to You at the time You purchased this Agreement. Your receipt will also distinguish whether you purchased the Protect IT Protection (Basic) or Protect IT Monthly plan.

TERM:

(1) This Protect IT Basic Plan is for a period of one year from the date of purchase from Protect IT Protection and Protect IT Monthly plans are recurring as long as monthly payments are regularly made at the agreed price. (2) The term of this Protect IT Plan for MSP Products shall be listed on Your Receipt commencing on the date of purchase for Protect IT Protection and Protect IT Elite Plans and inclusive of the US manufacturer’s warranty. Claims can be made on the Protect IT Monthly Plans thirty (30) days after purchase. Protect IT Plans do not replace the manufacturer’s warranty, but provides certain additional benefits for the Covered Product. (3) If a Product is represented to be an MSP Product and determined to be otherwise, we reserve the right to either change or cancel the term of the Protect IT Plan according to the cancellation terms of this agreement.

WHAT IS COVERED:

This is not an insurance policy. This Protect IT Plan will cover the repair or replacement of parts identified for the Product for which this agreement is specified and has been purchased. Replacement parts will be new, rebuilt or non-original manufacturer’s parts that perform to the factory specifications of the Product at Our sole option. The following listing includes repairable device items:

IPHONE® COVERAGE

iPhone® 4/4S/5/5S/5C/5SE/6/6+/6S/6S+/7/7+ coverage includes repair or replacement of Front and Back Glass, Loud Speaker, USB Repair, Camera Repairs, Audio Jack, Vibrate, Volume controls, Antenna, battery and Power Button. All front glass replacements will have the opportunity to purchase a recommended protective clear shield replacement at the time of repair. However purchase and application of the shield is not required nor covered under this warranty. iPhone® replacement coverage due to unrepairable damage is provided with a onetime $199.00 fee. In case the iPhone® can’t be repaired, and replacement is the only option, Fixit will be happy to assist You in obtaining a new, like new, or refurbished device. If a replacement iPhone® is purchased, the original Warranty is not transferable. However, the Owner will have the option to purchase a new Protect IT Plan for the replacement device.. Protect IT Monthly plan owners may continue their plans by registering their new device without interruption in coverage when verified the new device is fully functional at time of purchase. Fixit retains the option to cancel Your coverage due to intentional damage, tampering or removing the serial number.

IPAD® COVERAGE

iPad® 2/3/4, iPad® Air 1/2, iPad® Mini 1/2/3/4 coverage includes repair or replacement of Front Glass, Front Glass LCD Combo, Power Ribbon, battery and USB. All front glass replacements will have the opportunity to purchase a recommended protective clear shield replacement at the time of repair. However purchase and application of the shield is not required nor covered under this warranty. iPad® replacement coverage due to unrepairable damage is provided with a onetime $199.00 fee. If a replacement iPad® is purchased, the original Warranty is not transferable. However, the Owner will have the option to purchase a new Protect IT Plan for the replacement device. Protect IT Monthly plan owners may continue their plans by registering their new device without interruption in coverage when verified the new device is fully functional at time of purchase. Fixit retains the option to cancel Your coverage due to intentional damage, tampering or removing the serial number.

IPOD® COVERAGE

iPod® Touch 2/3/4/5 coverage includes replacement of battery, Front Glass, Home Button, Power Ribbon and Audio Jack. iPod® replacement coverage due to unrepairable damage is provided with a onetime $199.00 fee. If a replacement iPod® is purchased, the original Warranty is not transferable. However, the Owner will have the option to purchase a new Protect IT Plan for the replacement device. Protect IT Monthly Plan owners may continue their plans by registering their new device without interruption in coverage when the new device is verified as fully functional at the time of purchase. All front glass replacements will have the opportunity to purchase a recommended protective clear shield replacement at the time of repair. However purchase and application of the shield is not required nor covered under this warranty. Fixit retains the option to cancel Your coverage due to intentional damage, tampering or removing the serial number.

SAMSUNG GALAXY® COVERAGE

Samsung Galaxy® S3/4/5/6/6Edge/7/7Edge, Note 2/3/4/5 coverage includes repair or replacement of Front and Back Glass, Loud Speaker, USB Repair, Camera Repairs, Audio Jack, Vibrate, Volume controls, Antenna, battery and Power Button. All front glass replacements will have the opportunity to purchase a recommended protective clear shield replacement at the time of repair. However purchase and application of the shield is not required nor covered under this warranty. Samsung Galaxy® replacement coverage due to unrepairable damage is provided with a onetime $199.00 fee. In case the Samsung Galaxy® can’t be repaired, and replacement is the only option, Fixit will be happy to assist You in obtaining a new, like new, or refurbished device. If a replacement Samsung Galaxy® is purchased, the original Warranty is not transferable. However, the Owner will have the option to purchase a new Protect IT Plan for the replacement device.. Protect IT Monthly plan owners may continue their plans by registering their new device without interruption in coverage when verified the new device is fully functional at time of purchase. Fixit retains the option to cancel Your coverage due to intentional damage, tampering or removing the serial number.

This Protect IT Plan does not cover repair or replacement of the Product for any causes set forth in the section entitled WHAT IS NOT COVERED.

MAKING A REPAIR CLAIM:

Once Your policy has been purchased and Your contact information and device serial number(s) has been recorded, to obtain service under this Plan, please visit the claims page at www.ismartprotection.com to begin claims process. Please keep Your sales receipt for Your Protect IT Plan as proof of purchase which may be required if there is any question as to Your Product’s eligibility for Protect IT Plan coverage.

PURCHASE AGREEMENT AND PURCHASER RECORDS:

Protect IT Protection Basic Plans will be paid for at the time of purchase.  Protect IT Monthly plans will be placed on a monthly billing cycle once the purchaser provides an approved account that will be debited monthly and payments made to Fixit Mobile, LLC.  Monthly withdrawals will be made during the agreed term of the Protect IT Monthly plan (with a 90 day trial period in which this plan cannot be cancelled). This agreement will continue until terminated by the purchaser or Fixit Mobile under the Terms and Conditions of this plan. We reserve the right to void Your Protect IT Plan if either Serial Number or Contact information cannot be verified.

OBTAINING WARRANTY SUPPORT UNDER THE iSMART PLAN:

You may obtain toll free telephone Warranty support by calling the phone number listed on the Fixit Mobile website. Information about Fixit Mobile’s hours of service is also available on Our website. Fixit Mobile reserves the right to change its hours of service at any time and requires that a scheduled appointment be made for all warranty repair services in advance at any one of Our Fixit Mobile facilities.

PLACE OF SERVICE:

At Our discretion, Your Product will receive On-Site Service at any one of Fixit Mobile facilities that services the Protect IT Plan during normal business hours. Fixit Mobile reserves the right to change its hours of service at any time and requires that a scheduled appointment be made for all warranty repair services in advance at any one of Our Fixit Mobile facilities. For shippable items You will be responsible for the safe packaging and delivery or shipment, prepaid and insured, of the Product to Our authorized Fixit Mobile service facility for repair or replacement. If We determine the item is in working condition or is not covered by Your Protect IT Plan, You may be responsible for paying return shipping charges for Your Product.

LIMITATION OF LIABILITY:

In the event that We replace the Product covered under Your Protect IT Plan with a new, rebuilt or refurbished Product of equal or similar features and functionality, We will have no further obligations under this Protect IT Plan.

IQUE REPAIR’S LIABILITY IS LIMITED TO THE AMOUNT PAID FOR THIS PLAN. IQUE REPAIR, LLC SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, SHIPPING, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

DEDUCTIBLES:

The following deductible fees apply both to the Protect IT Protection Basic Plan as well as Protect IT Monthly Plans. All deductibles will be provided to Fixit Mobile at the time of repair for the Product indicated. If Fixit Mobile’s advertised repair cost is less than the deductible, the deductible will be waived and the cost to repair the device will be required instead. The following deductible fees will be paid at the completion of the repair by the Protect IT Protection Plan Owner.

• iPhone® 7/7+ | $109 total per claim

• iPhone® 6S | $50 total per claim

• iPhone® 6S+ | $75 total per claim

• iPhone® 6/6+ | $50 total per claim

• iPhone® 5/5S/5C | $50 total per claim

• iPhone® 4/4S | $39 total per claim

• iPod iTouch® 5 | $69 total per claim

• iPod® Touch 4 | $29 total per claim

• iPod® Touch 2/3 | $39 total per claim

• iPad Mini® / Mini Retina / Mini 3 | $50 total per claim

• iPad Mini® 4 | $75 total per claim

• iPad® 2/3/4 | $50 total per claim

• iPad Air® | $50 total per claim

• iPad Air® 2 | $75 total per claim

• Core Prime | $50 total per claim

• Samsung Galaxy S3/S4/S5 | $50 total per claim

• Samsung Galaxy S6/S7 | $75 total per claim

• Samsung Note 2/3/4/5 | $75 total per claim

• LG G2 | $50 total per claim

• LG G3/G4 | $75 total per claim

Note: Newer devices may require lead times from 7 to 10 days to order parts. While most common repairs are completed same day and returned,

With any further Questions or Concerns please email info@iquerepair.com

DAMAGES COVERED:

Coverage begins on same day Your Protect IT Plans are purchased. Claims can be made thirty (30) days after purchasing the Protect IT Monthly Plan. There are different deductibles for each Product and claims made and described in the DEDUCTIBLES section of this agreement. For lists of covered repairs see WHAT IS COVERED Section of this agreement. If You purchased this coverage on a Product that turns out not to be an MSP Product, Fixit Mobile reserves the right to decline Your coverage and You will receive a refund according to the terms of this Protect IT Plan. This Protect IT Plan does not provide protection against tampering and viruses associated with handling and use of the Product and/or other damage that does not affect unit functionality, or damage caused or loss during shipment between You and Our service providers. This Protect IT Plan covers loss and theft when proof of loss is provided or the claim is accompanied by a police report. A $199.00 onetime fee is required to purchase a refurbished or otherwise fully functional replacement device once proof of loss is provided. Intentional loss or loss without proof of loss is not covered under this plan and may result in termination of this policy at the sole discretion of Fixit Mobile. Any and all protective coverings and accessories must be removed from Your Product prior to delivery of Your Product to an authorized Fixit Mobile and Warranty facility. Your Product’s coverage is good for an unlimited number of repairs as detailed under the specific coverage terms of this Protect IT Plan. Deductibles apply according to differing devices.  Jail-broken phones are covered under this Protect IT Plan. As long as Fixit Mobile can access the software to run its diagnostics, this Plan applies. If software prevents access to the parts and/or testing the repair, the iPhone® will be returned to the Owner options for replacement will be discussed with a Fixit Mobile Representative. If a Product is determined by Fixit Mobile to be unrepairable, under these circumstances, Fixit may provide You with other alternatives to purchase or replace Your device in new, like-new or refurbished condition, but is not covered under the terms of this policy. A 24 Hour Customer Support line is provided at 1-801-508-4349 for Utah Residents, or Toll Free at 1-855- IQUEREPAIR (1-855-478-3737) for Protect IT Plan owners. Online Protect IT Plan registration and access to claims procedures will be available 24-7, 7 days a week. Protect IT Monthly plans become active on the first of the month when purchased online and your monthly fee has been paid or when the activation fee has been paid in advance of the repair claim.

WHAT IS NOT COVERED:

A. ANY PRODUCT FRAUDULENTLY DESCRIBED OR MISREPRESENTED BY THE PURCHASER; B. THEFT OR LOSS WHEN NOT ACCOMPANIED BY A POLICE REPORT; C. LOOK ALIKE, CLONE, OR COPIES OF IPHONE®, IPAD® OR IPOD® PRODUCTS NOT MANUFACTURED BY APPLE, INC. (THE PRODUCT’S ORIGINAL MANUFACTURER); or any other copies of devices we cover under our agreements.  D. UNDENIFIABLE PRODUCTS WHERE SERIAL NUMBER HAS BEEN TAMPERED WITH OR IS MISSING; E.ACCESSORIES LIKE COVERS, HEADPHONES, PROTECTIVE SHIELDS OR GLASS COVERING AND OTHER PARTS NOT CONSIDERED ORIGINAL HARDWARE; F. SOFTWARE ISSUES RELATED TO IPHONE®, IPAD® AND IPOD® TOUCH OPERATING SYSTEMS (OS); or Android (OS) INTENTIONAL LOSS.

TRANSFER OF iSMART PROTECTION PLANS:

This Protect IT Plan may be transferred to any person in the United States for an additional fee of $20.00 when transferring ownership of the device. However, the ability to return or cancel this Protect IT Plan for a full refund of the purchase price is nontransferable. To Transfer this Protect IT Plan to another individual, the original Owner will send Fixit Mobile an email with the new Owner’s contact information from Your registered email address and include Your device’s serial number and the new Owner’s contact information. Once ownership is acknowledged, the additional transfer fee paid and the serial number is validated by a Fixit Mobile Protect IT Plan specialist, the new Owner will receive an email acknowledging the transfer. This policy will continue for the balance of the warranty term. To transfer Protect IT Plan Ownership, contact Us at 1-801-508-4349 for Utah Residents, or Toll Free at 1-855-IQUEREPAIR (1-855-478-3737) and provide the information required to transfer your Plan listed in the section titled, TRANSFER OF PLAN OWNERSHIP.

TRANSFER OF PLAN OWNERSHIP

Call 1-855-IQUEREPAIR or bring to your local Fixit Mobile Store
Date of Transfer (__________/____________/___________)
Type of Protect IT Plan: Protect IT Protection –  Protect IT Monthly (circle one)

Name of Original Owner:_______________________________________________________

Name of New Owner:___________________________________________________________

New Owner’s Address: __________________________________________________________

New Owner’s Phone Number: ____________________________________________________

Original Owner’s Signature: _____________________________________________________

New Owner’s Signature: _________________________________________________________ We the above signers hereby acknowledge the transfer of this Plan.

OTHER PROVISIONS:

a. Fixit Mobile may subcontract or assign performance of its obligations to third parties; b. This Protect IT Plan is offered and valid only in the 50 United States and the District of Columbia; c. This Protect IT Plan is not valid in any other country or U.S. territory or where prohibited by law; d. The Terms and Conditions of this Protect IT Plan prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute Your and Fixit Mobile’s entire understanding with respect to the Protect IT Plan; e. Fixit Mobile is not obligated to renew this Protect IT Plan; f. If the law of any jurisdiction where this Protect IT Plan is purchased and enrolled/activated is inconsistent with these terms, including AZ, GA, VT, WA, and WY, the law of that state will control; g. If any jurisdiction where this Protect IT Plan is purchased and enrolled/activated is inconsistent with these terms, or where claims cannot be deducted from the amount to be returned in the event of cancellation, the Plan will be prorated for the period covered and an administrative fee of $30.00 will be applied before reimbursement of the remaining Plan balance is made to the original purchaser; h. Fixit Mobile reserves the right to change at any time the method by which Fixit Mobile may provide repair or replacement service to You, and Your Product’s eligibility to receive a particular method of service, including but not limited to onsite service.

NO LEMON POLICY:

Fixit Mobile will provide an unlimited number of repairs under the terms specified in this Protect IT Plan and are not considered repairs for the purposes of the No Lemon Policy. For No Lemon Policy issues, please refer to Your original Manufacturer’s Warranty. If Your device is deemed unrepairable under the terms of this Protect IT Plan, You will be given the option to purchase a new, like new or refurbished Product under the terms of this Protect IT Plan. Upon replacement of the Product, We will have no further obligation to repair Your device under this Protect IT Plan. However, a new Protect IT Plan will be available for purchase for the replacement Product.

SERVICE AND CLAIM SATISFACTION:

If You believe Your Fixit Mobile and Warranty Service has not performed as stated in this warranty, You may submit a request for further consideration to the Owners of Fixit Mobile. You should make any such request for redress or refund by sending a letter specifically demanding such dispute resolution and identifying in Your own words the specific complaint and proposed resolution. Please address Your letter to Owners, Fixit Mobile, LLC, located at 7206 South 900 East, Midvale, Utah 84047, ATTN: Dispute Resolution. Upon receiving Your “Request for Dispute Resolution,” Fixit Mobile will respond to Your complaint within 10 work days by letter. You may not file suit against Fixit Mobile under the Magnuson-Moss Warranty Act until Your claim has been submitted to the Owners at Fixit Mobile for adjudication or informal dispute settlement, and until a decision has been reached or You have waited thirty (30) days for a decision following Your submission of a Request for Dispute Resolution, whichever comes first. However, You may be entitled to other rights under Your State laws without waiting.

CANCELLATION:

If You believe Your Fixit Mobile and Warranty Service has not performed as stated in this warranty, You may submit a request for further consideration to the Owners, Fixit Mobile. You should make any such request for redress or refund by sending a letter specifically demanding such dispute resolution and identifying in Your own words the specific complaint and proposed resolution. Please address Your letter to Owners, Fixit Mobile, LLC, located at 7206 South 900 East, Midvale, Utah 84047, ATTN: Dispute Resolution. Upon receiving Your “Request for Dispute Resolution,” Fixit Mobile will respond to Your complaint within 10 work days by letter. You may not file suit against Fixit Mobile under the Magnuson-Moss Warranty Act until Your claim has been submitted to the Owners at Fixit Mobile for adjudication or informal dispute settlement, and until a decision has been reached or You have waited thirty (30) days for a decision following Your submission of a Request for Dispute Resolution, whichever comes first. However, You may be entitled to other rights under Your State laws without waiting.

For individual plan Owners, You may cancel this Protect IT Basic or 2 Year pay in full Plan at any time for any reason for a prorated refund on Protect IT Protection Basic less any repair claims made. No refunds will be made on Protect IT Monthly Plans, however payments will be terminated once notice by the Plan owner is made. If the normal cost of repair claims already accomplished on the Product exceeds the initial cost of the policy, no refund will be available. A full policy refund will be provided if You cancel Your 2 year pay in full Protect IT Basic Plan within 30 days from the purchase of this Plan and You have not had any repairs done to Your device. If You choose to cancel Your Protect IT Plan after this period, We will prorate Your refund based on how much time has elapsed since Your policy start date. If repairs have been made to Your Product since the policy began, original repair costs will be deducted from the Protect IT Plan cost and the remaining balance will be refunded to You. To cancel your Protect IT plan please visit the website www.iquerepair.com/shop/ and click on “My account” and login per account credentials provided at sign up. Once logged in, click “My subscriptions” and “Cancel Subscriptions” You will receive an email indicating your subscription has been cancelled.

Fixit Mobile LLC may cancel this Protect IT Plan at Our option on the basis of nonpayment, fraud, misrepresentation or tampering. If the serial number on Your device is defaced beyond recognition or is otherwise unidentifiable (electronically or physically) this warranty will be void. If We cancel this Protect IT Plan for any of the reasons stated in the CANCELLATION section, written notice including effective date and reason for cancellation will be mailed to You upon termination if cancellation is for nonpayment, material misrepresentation, or a substantial breach of duties by You. This cancellation policy does not apply to corporate accounts for which terms for plan purchases, volume discounts and plan cancellation are all negotiated between Fixit Mobile and the Purchaser separate from this agreement. Generally, corporations are invoiced for a one year contract and have 30 days to cancel their policy unless otherwise negotiated when the plan is purchased. Longer contracts with flexible terms are available between Fixit Mobile and Corporations, School Districts and other clients with multiple devices and will be included as an addendum to this plan or detailed on the Purchaser’s receipt.

STATE VARIATIONS:

Arizona: We will not cancel or void this Protect IT Plan due to ineligibility, preexisting conditions, prior use or unlawful acts relating to the Product or misrepresentation by Us or our subcontractors. Neither We, Our assignees, nor Our subcontractors will cancel or void coverage under this Protect IT Plan due to Our failure to provide correct information or Our failure to perform the services or repairs provided in a timely, competent, and workmanlike manner. No claim incurred or paid will be deducted from the amount to be returned in the event of cancellation.

Arkansas: A claim against Us may include a claim for any unearned provider fee.

California: For all products other than home appliances and home electronic products, the Cancellation provision is amended as follows: If the Plan is cancelled: (a) within sixty (60) days of the receipt of this Plan, you shall receive a full refund of the price paid for the Plan provided no service has been performed, or (b) after sixty (60) days, you will receive a pro rata refund, less the cost of any service received.

Colorado Residents: Notice: This Plan is subject to the Colorado Consumer Protection Act or the Unfair Practices Act, Articles 1 and 2 of Title 6, CRS.

Connecticut: This Protect IT Plan will automatically extended while the Product is being repaired. Resolution of Disputes: If You purchased this Protect IT Plan in Connecticut, You may pursue arbitration to settle disputes between You and the provider of this Agreement. You may mail Your complaint to: State of Connecticut, Insurance Department, P.O. Box 816, Hartford, CT 06142-0816, Attn: Consumer Affairs. The written complaint must describe the dispute, identify the price of the Plan and cost of repair, and include a copy of this Protect IT Plan. If We cancel this Protect IT Plan, written notice including effective date and reason for cancellation will be mailed to You electronically or by U.S. Mail at least 30 days prior to termination.

Florida: In the event that You cancel this Protect IT Plan, return of the premium shall be based upon ninety percent (90%) of the unearned pro-rata premium less any claims that have been paid or less the cost of repairs made on behalf of You. In the event We cancel this Protect IT Plan, return of the premium shall be based upon one hundred percent (100%) of the unearned pro-rata premium.

Georgia: Claims paid and administrative fees shall not be deducted from any refund owed as a result of cancellation. We may not cancel this Protect IT Plan except for fraud, material misrepresentation or non-payment by You. Notice of such cancellation will be in writing and given at least thirty (30) days prior to cancellation. Cancellation will comply with Section 33-24-44 of the Georgia Code. Failure to refund in accordance with the aforementioned Section will make Us liable for penalty equal to 25% of refund and interest of 18% per annum until refund is paid, not to exceed 50% of refund.

Illinois: You may cancel this Protect IT Plan: a) within thirty (30) days after its purchase if no service has been provided and a full refund of the Plan price, less a cancellation fee not to exceed the lesser of ten percent (10%) of the Plan price or fifty dollars ($50.00); or b) at any other time and a pro rata refund of the Plan price for the unexpired term of the Plan, based on the number of elapsed months less the value of any service received, and the cancellation fee not to exceed the lesser of ten percent (10%) of the Plan price or fifty dollars ($50.00).

Michigan: If the performance of this Protect IT Plan is interrupted because of a strike or work stoppage at the Company’s place of business, the effective period of the Agreement shall be extended for the period of the strike or work stoppage.

THIS EXTENDED WARRANTY AND ISMART PLAN GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Unless amended by Specific State Provisions, this Protect IT Plan sets forth the entire contract between the parties and no representation, promise or condition not contained herein shall modify these terms. The following state variations shall apply if inconsistent with any other terms and conditions.

Minnesota: Only 5 days written notice of cancellation will be provided if the reason for cancellation is nonpayment, material misrepresentation, or a substantial breach of duties.

Nevada: If this Protect IT Plan has been in effect for 70 days, it may not be cancelled except for nonpayment, Your conviction of a crime that results in an increase in the service required, fraud or material misrepresentation, an act or omission that substantially increases the service required under this Agreement, or a material change in the nature or extent of required service beyond that contemplated at the time the Protect IT Plan was entered into. No cancellation may become effective until at least 15 days after notice is mailed to You.

New Hampshire: In the event that You do not receive satisfaction under this Protect IT Plan, You may contact the New Hampshire insurance department at 1-800-852-3416 or in writing at 21 South Fruit Street, Suite 14 Concord, NH 03301.

North Carolina: The purchase of this Protect IT Plan is not required either to purchase or to obtain financing for the Covered Product. We may not cancel this Protect IT Plan except for non-payment by You or for violation of any of the terms and conditions of this contract which state that such violation could result in cancellation.

New Mexico Residents: If this Protect IT Plan has been in force for a period of seventy (70) days, we may not cancel before the expiration of the Plan term or one (1) year, whichever occurs first, unless: (1) you fail to pay any amount due; (2) you are convicted of a crime which results in an increase in the service required under the Plan; (3) you engage in fraud or material misrepresentation in obtaining this Plan; or (4) you commit any act, omission, or violation of any terms of this Plan after the effective date of this Plan which substantially and materially increase the service required under this Plan.

Oklahoma: THIS iSMART PLAN IS NOT ISSUED BY THE MANUFACTURER OR WHOLESALE COMPANY MARKETING THE PRODUCT COVERED BY THIS PLAN. THIS PLAN WILL NOT BE HONORED BY SUCH MANUFACTURER OR WHOLESALE COMPANY. IF EITHER YOU OR WE CANCEL THIS PLAN, THE RETURN OF THE PLAN PRICE WILL BE BASED UPON ONE HUNDRED PERCENT (100%) OF THE UNEARNED PRO RATA PRICE OF THE PLAN, LESS THE COST OF ANY SERVICE RECEIVED. IQUE REPAIR IS THE OBLIGOR UNDER THIS PLAN.

South Carolina: Should You have a disputed claim, You may contact the South Carolina Department of Insurance. Capital Center, 1201 Main Street, Ste.1000, Columbia, SC 29201 or (800) 768-3467.

Tennessee: This Protect IT Plan is automatically extended while the Product is being repaired plus two business days.

Texas Residents: Unresolved complaints or Contract regulation questions may be addressed to the Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, , telephone number (512) 463-2906 or (800) 803-9202. You may apply for reimbursement directly to Fixit Mobile, LLC if a refund or credit is not paid before the forty-sixth (46th) day after the date on which the Plan is returned to the provider.

Utah: This Protect IT Plan is governed under Utah law and subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department. Coverage afforded under this Protect IT Plan is not guaranteed by the Property and Casualty Guaranty Association. We may cancel this Protect IT Plan at Our option on the basis of non-payment of the purchase price, material misrepresentation, substantial change in the risk assumed unless We reasonably should have foreseen such change, or substantial breach of contractual duties, conditions, or warranties. Notice of cancellation for nonpayment of the purchase price of this Protect IT Plan will be in writing given at least ten (10) days prior to cancellation. Notice of cancellation for any other reason will be in writing and given at least thirty (30) days prior to cancellation.

Washington: If We cancel this Protect IT Plan, We will mail You written notice of the cancellation including reason for and effective date at least twenty one (21) days prior to the effective date of such cancellation.

Wisconsin: THIS iSMART PLAN IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE. No claim will be denied solely because You failed to obtain preauthorization. Paid claims will not be considered in calculating any return premium owed. Claims will be paid within 30 days of receipt of all required material and information.

Wyoming Residents: This Protect IT Plan will be considered void and we will refund you the full purchase price of the Plan or credit your account if you have not made a claim under this Plan and you have returned the Plan to us a) within 20 days after the date we have mailed the Plan to you, b) within 10 days after you have received the Plan if the Plan was furnished to you at the time the Plan was purchased, or c) within a longer time period if specified in the Plan. A ten percent (10%) penalty per month shall be added to a refund that is not paid or credited within forty-five (45) days after return of the Plan to us. The right to void the Plan provided in this subsection applies only to the original Plan purchaser and is not transferable. If we cancel this Plan for reasons other than nonpayment, a material misrepresentation made by you to us or because of a substantial breach of duties by you relating to the product or its use, we will mail a written notice to you at least ten (10) days prior to cancellation. The notice of cancellation shall state the effective date of cancellation and the reason for cancellation.