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Service Guarantee

Terms and Conditions


The following are the terms and conditions applicable to the ServiceMagic Resolution Process and Limited Service Guarantee. By using the ServiceMagic services, you agree that you are bound by the following terms and conditions, as well as the general Terms and Conditions. If you have any questions regarding this Agreement, you may contact us at customerservice@servicemagic.com.

RESOLUTION PROCESS AND LIMITED SERVICE GUARANTEE.
To be eligible for the Resolution Process and the Limited Service Guarantee, you must be a consumer member of ServiceMagic who has agreed to be bound by our general Terms and Conditions, and have used a Member Service Professional who you learned about through the ServiceMagic service pursuant to a qualified Service Request. You must also have entered into a written contract or agreement with the ServiceMagic Member Service Professional within 30 days from the date that your Service Request was submitted. The Resolution Process and Limited Service Guarantee are not applicable under the following circumstances:

i. work that is performed without a written contract or agreement signed by both parties;
ii. For work performed by someone other than a ServiceMagic Member Service Professional
iii. For any materials, equipment appliances or other machinery, whether or not provided by you or the Member Service Professional;
iv. For work altered by you or any other party except the Member Service Professional
v. For work that extends beyond the scope or description of the original Service Request you submitted to ServiceMagic.
vi. For service provided by real estate agents;
vii. For service provided by lenders;
viii. If you have not contacted ServiceMagic customer service via phone, e-mail, letter, fax, or online "live chat" within 30 days following service or job completion.

Documentation: ServiceMagic takes all complaints against our Member Service Professionals seriously. To initiate the Resolution Process, we request that all complaints be thoroughly and accurately documented in writing and copies of all related documents, including original signed contracts or agreements, evidence of payments, signed change orders, etc. be provided up front. Should you choose to lodge a written complaint against a ServiceMagic Member Service Professional you are acknowledging that ServiceMagic may share your complaint with the Member Service Professional. All consumer complaints related to a ServiceMagic Service Request that are provided to ServiceMagic are recorded and added to the Member Service Professional's file for evaluation purposes and the Member Service Professional is notified so that they can, if applicable, correct their practices to conform to ServiceMagic's Performance Pledge.

Facilitating Communication: Our experience shows that in most cases, communication between you and the Member Service Professional can resolve most problems. ServiceMagic will, at the request of a Consumer or a Member Service Professional, attempt to contact the other party and relay specific concerns related to a ServiceMagic Service Request. In the past, ServiceMagic has been able to successfully act as a neutral third party in such disputes because all contracts are directly between the Consumer and the Member Service Professional. We will endeavor to help both parties reach a mutually acceptable resolution to any disputes. ServiceMagic is not responsible or liable to either the Consumer or the Member Service Professional if a mutually acceptable resolution is not reached.

3rd Party Evaluation: Based on having initiated a proper Resolution Process, including the Consumer's provision of all required documentation, and in the event that a Consumer and a Member Service Professional have irreconcilable differences and are still unable or unwilling to agree upon a resolution, ServiceMagic may elect to have another ServiceMagic Member Service Professional ("Reviewing Service Professional") inspect the service or project, potentially including a job site visit and interviewing the Consumer, and render their opinion to ServiceMagic as it relates to the workmanship and service of the original Member Service Professional. If ServiceMagic chooses to employ this approach, which is solely at ServiceMagic's discretion, then the Consumer must make every effort to accommodate such a visit and provide complete and accurate information to the Reviewing Service Professional.

Limited Service Guarantee: In the event that a Consumer and a Member Service Professional have irreconcilable differences and are still unable or unwilling to agree upon a resolution, the Consumer may be eligible for the Limited Service Guarantee. To be eligible for the Limited Service Guarantee, the Consumer has to:


1.

Have provided accurate and truthful information via the Service Request;
2. Have entered into a signed (by both parties) written contract or agreement for a home service or project consistent with that described in the Service Request, with a Member Service Professional that the Consumer learned about through the ServiceMagic service;
3. Have supplied ServiceMagic with a written complaint regarding the Member Service Professional's workmanship or service and provided all required documentation;
4. Have complied with any request by ServiceMagic for a 3rd Party Evaluation;
5. Be willing to have another ServiceMagic Member Service Professional complete the contracted work if possible or remedy the work in dispute;
6. Have met all requirements described herein.

In the event that all above conditions are met by the Consumer, ServiceMagic may grant the Consumer the Limited Service Guarantee in an amount equal to the Consumer's actual out of pocket monetary losses, such amount not to exceed $500 USD. ServiceMagic can choose whether to have another ServiceMagic Member Service Professional ("Remedy Service Professional") provide service to remedy the workmanship or services in dispute, in such case ServiceMagic will pay the Remedy Service Professional directly, or pay the Limited Service Guarantee award in cash to the Consumer. ServiceMagic reserves the right, in its sole discretion, to determine the form of the Limited Service Guarantee award.

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