This Service Contract is not a contract of insurance.
Unless otherwise regulated under state law, the contents of this Service Contract should be interpreted and understood within the meaning of a “service contract” in Public Law #93-637.
“service contract” in Public Law #93-637.
This Service Contract is issued to you and conforms with the terms and conditions below. It includes these Terms and Conditions, as well as your Service Contract enrollment / coverage confirmation and Covered Device purchase receipts. This Service Contract must be available for inspection when you require service. This service contract term includes the manufacturer’s warranty.
Administrator refers to the entity responsible for managing the benefits and services outlined in this Service Contract. The Service Contract Administrator is Telispire, 4245 Kemp Blvd Suite 220, Wichita Falls, TX 76308.
Covered Device refers to your ZTE device when you enrolled in this Service Contract or any certified replacement devices provided by ZTE, or us as well as any upgrade device purchased or leased by you and registered with (and approved by) us as an eligible Covered Device.
Price refers to the consideration paid by you for this Service Contract, currently $4.99 per month.
Provider refers to the entity that is contractually obligated to you under the terms of this Service Contract. The Service Contract Provider is designated by Gabb Wireless to be Telispire, 4245 Kemp Blvd Suite 220, Wichita Falls, TX 76308.
Service Contract refers to this Service Contract, otherwise referred to as “Gabb Warranty”, in which you enrolled your Covered Device, identified on your Service Contract enrollment / coverage confirmation.
Service Contract Term refers to the coverage time frame from when your coverage under this Service Contract begins to when your coverage ends.
You / Your refers to the owner or lessee of the Covered Device under this Service Contract.
We / Our / Us refers to the Service Contract Provider or its Administrator (including any contracted third-party providers).
SERVICES PROVIDED UNDER THIS SERVICE CONTRACT:
1. Service Provision. We may subcontract or assign delivery for elements of Our obligations under this Service Contract to third parties, including ZTE; however, this does not relieve us of Our obligations under this Service Contract. Authorized third party providers may collect the needed information from you to setup your service and to fulfill the obligations on Our behalf.
2. When coverage begins and ends. Coverage under this Service Contract begins when you purchase and pay for your new Covered Device and enroll in the Service Contract as identified as the Coverage Start Date on your Service Contract enrollment /coverage confirmation.
The Service Contract Term is continuous month to month until cancelled by either you or us.
3. What is Covered?
3.1 Hardware Service. If during the Service Contract Term, you submit a valid claim on the Covered Device to notify us that (i) a defect in materials and workmanship has arisen, we will arrange a service event to either: (i) repair the defect, using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Device, with a replacement that is new or equivalent to new in performance and reliability.
All replacements provided under this Service Contract will, at a minimum, be functionally equivalent to the original Covered Device. If we exchange the Covered Device, the original becomes Our property and the replacement becomes your property, with coverage for the replacement device effective for the remaining portion of the Service Contract Term.
There is no service fee for Hardware Service repairs or replacements, only during the Manufacture Limited Warranty.
3.2 Accidental Damage from Handling. If during the Service Contract Term, you submit a valid claim on the Covered Device to notify us of a failure due to accidental damage from handling (“ADH”), We will, subject to the service fee described below, either (i) repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Device with a replacement product that is new or equivalent to new in performance and reliability.
ADH coverage only applies to an operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional external event (for example, drops and damage caused by liquid contact other than because of defect in material or workmanship) that arises from your normal daily usage of the Covered Device as intended.
We may ask you to provide an explanation of where and when the accident occurred with a detailed description of the actual event. We will deny the claim if you fail to pay the service fee or fail to provide information relating to the accident when asked.
You will be assessed a non-refundable service fee each time an ADH repair or replacement is completed.
Service Fee Schedule: $40 for Gabb Watch and Gabb Phone. $60 for Gabb Phone Plus.
3.3 Technical Support. During the Service Contract Term, we will provide you with access to telephone and web-based technical support resources. Technical support may include assistance with installation, launch, configuration, troubleshooting, and recovery (except for data recovery), including storing, retrieving, and managing files; interpreting system error messages; and determining when hardware service is required or ADH coverage may be applicable. We will provide support for the then-current version of software released by the device manufacturer. At our discretion, we may provide support for prior versions of software.
3.4 Scope of Technical Support. Under the Service Contract, we will provide technical support for the following: (i) The Covered Device, (ii) Operating system (“OS”) and software applications that are pre-installed on the Covered Device (“Consumer Software”), and (iii) Connectivity issues between the Covered Device and a Supported Computer. A “Supported Computer” means a computer that meets the Covered Device’s connectivity specifications and runs an operating system supported by the Covered Device.
4. What is not Covered?
4.1 The Service Contract does not apply to:
- Abuse, misuse, fire, acts of God, other external causes except as described in section 3.2 above.
- Operating the Covered Device outside the permitted or intended uses described by the manufacture, or services performed by anyone not authorized by us.
- Setup, installation, removal or disposal of the Covered Device, or provision of equipment while the Covered Device is being serviced.
- Covered Device that has been lost or stolen or intentionally damaged, damage caused by reckless, abusive, willful, or intentional conduct associated with handling and use, damage due to acts of God or environmental exposure.
- Cosmetic damage to the Covered Device, including but not limited to scratches and dents that do not otherwise affect the functionality of the Covered Device.
- Defects caused by normal wear and tear, normal aging of the Covered Device
Important: Do not open the Covered Device, as damage caused because of opening the equipment is not covered by this Service Contract. Only we or an authorized servicer approved by us should perform service on the Covered Device.
4.2 Technical Support. (i) The Service Contract does not include Technical Support.
5. How to Obtain Service and Support?
All claimed events must be reported to us as soon as reasonably possible. You may obtain hardware services, ADH coverage and technical support through the following means.
To arrange for service, contact us via your Gabb Phone at 611 or visit us at gabb.com.
6. Service Options.
6.1 Repairs will be performed by Telispire. Service will be available and rendered during the regular working hours and work week of the repair centers. Following Our diagnosis and claim approval, we will, at Our option, setup one of the following service events:
- Mail-in service. Direct mail-in service is available for most Covered Devices. If we determine that your Covered Device is eligible for mail-in service, we will send you a prepaid shipping label (and, if needed, packaging material) for you to ship the Covered Device to an authorized repair center according to the instructions provided by us. Once service is complete, we will return the Covered Device to you. We will pay for shipping to and from your location if you follow all instructions.
- Service where we require return of the replaced Covered Device or part. We may require a credit card authorization or other method to serve as security for the retail price of the replacement Covered Device or part and applicable shipping costs. We will ship a replacement device or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Covered Device or part. If you follow the instructions, the credit card authorization will be cancelled, so you will not be charged for the replacement Covered Device or part and the shipping to and from your location. If you fail to return the replaced device or part as instructed or return a replaced device or part that is ineligible for service, we will charge the credit card for the authorized amount. If you are not able to provide credit card authorization, this service may not be available to you, and we will offer an alternative service option.
- Service where we do not require the return of the original Covered Device or part. We will ship you free of charge a replacement Covered Device or part accompanied by instructions for installation, if applicable, and any requirements for the disposal of the replaced Covered Device or part. Neither we nor our third-party providers are responsible for any labor costs you incur in respect to ERS or DIY parts service. Should you require further assistance, you should contact us, at the telephone number listed above.
6.2 We reserve the right to change the method by which we may provide repair or replacement service to you, and your Covered Device’s eligibility to receive a particular method of service. Service will be limited to the options available from us in the country where you request service. Service options, parts availability and response times may vary according to country. If service is not available for the Covered Device in a country that is not the country of purchase, you may be responsible for shipping and handling charges to facilitate service to a country where service is available. If you seek service in a country that is not the country of purchase, you must comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T., and other associated taxes and charges. We may repair or exchange the Covered Device or its parts with a comparable device or parts that comply with the local standards of the countries where you request service.
7. Your Responsibilities.
To receive service or support under the Service Contract, you agree to comply with each of the terms listed below.
(i) You will provide a copy of your Service Contract’s enrollment / coverage confirmation or Covered Device’s serial number or IMEI, if requested.
(ii) You will provide information about the symptoms and causes of the issues with the Covered Device.
(iii) You will respond to requests for information, including but not limited to the Covered Device serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Device, any error messages displayed, the actions which were taken before the Covered Device experienced the issue, and the steps taken to resolve the issue.
(iv) You will follow the instructions we give you, including but not limited to refraining from sending devices and accessories that are not subject to repair or replacement service, and packing the Covered Device according to the shipping instructions.
(v) You will update software to currently published releases prior to seeking service.
- You will make sure to back up all software and data residing on the Covered Device. DURING HARDWARE SERVICE, WE OR OUR THIRD-PARTY PROVIDERS WILL DELETE THE CONTENTS OF THE COVERED DEVICE AND REFORMAT THE STORAGE MEDIA.
- We will return your Covered Device or provide a similar replacement to your Covered Device as originally configured, subject to applicable updates. We may install OS updates as part of hardware service that will prevent the Covered Device from reverting to an earlier version of the OS. Third party applications installed on the Covered Device may not be compatible or work with the Covered Device because of the OS update. You will be responsible for reinstalling all other software programs, data, and passwords.
SERVICE CONTRACT GENERAL PROVISIONS
1. LIMITS OF LIABILITY:
The maximum number of repairs or replacements under Device Protection is two (2) during any rolling twelve (12) month period. No further replacements will be provided for the remainder of this period.
There are no repairs or replacement limits for hardware service losses during the Manufacture Limited Warranty.
2. WHAT YOU MUST DO:
To keep this Service Contract in force during the coverage term, you must maintain the Covered Device according to the service requirements set forth by the manufacturer’s specifications, including cleaning and maintenance. It is your responsibility to protect the Covered Device from further damage and comply with the owner’s manual. You must notify us in writing if your address changes.
3. INELIGIBLE FOR COVERAGE:
This Service Contract does not provide any service for property held in inventory or property held as your stock in trade. Enrollment in this Service Contract is only available for new eligible devices under manufacturer’s warranty or, at Our discretion, certified reconditioned devices. Devices either not registered with us or approved for coverage by us as outlined under Covered Device, or devices not authorized or intended for sale in the United States by the device manufacturer, are ineligible for benefit under this Service Contract.
We may cancel this Service Contract within the first sixty (60) days for any reason. After sixty (60) days, we may only cancel this Service Contract for (1) nonpayment of the Price; (2) fraud or material misrepresentation; or (3) substantial breach of contractual duties by you. If we cancel due to non-payment, fraud, material misrepresentation or a substantial breach of duties by you, we will provide you with written notice, with the reason for cancellation, at your last known mailing or email address (depending on your chosen form of communication) at least thirty (30) days before cancellation.
We will refund the unearned pro-rata Price less any claims paid, except as otherwise required by law.
This Service Contract is not transferable to another individual or entity.
This Service Contract renews each month with your payment of the Price unless cancelled either by you or us during the Service Contract Term. We reserve the right to change the provisions of this Service Contract (including Price and service fee) upon giving you at least thirty (30) days written notice prior to the date of renewal.
7. UTAH DISCLOSURE:
The following state specific requirements are added to and become part of your Service Contract and supersede any other provisions to the contrary:
The following Provisions are hereby added:
Coverage afforded under this Service Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. This Service Contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the Utah Insurance Department
9. EMERGENCY REPAIRS:
If in an emergency and your product requires immediate repair outside of the Service Contract Administrator’s scheduled hours of operation, you may proceed with covered repairs by contacting an OEM certified repair servicer. The Service Contract Administrator will reimburse you or the repairing facility in accordance with the Service Contract provisions. However, should the estimated repair time frame exceed 12 hours, you must contact the Administrator for claims adjudication and service.