NOTE: This is a representative example of the terms & conditions for our plans. Please consult the Declaration of Coverage you receive after purchase for specific details of YOUR plan.

SAMPLE Water & Sewer Line Protection Plan Terms & Conditions

Preamble

This Premium Protection Plan:

This Premium Protection Plan consists of these Terms & Conditions and the accompanying Declaration of Coverage and constitutes the entire agreement between the Obligor listed on the Declaration of Coverage (“We,” “Us,” “Our” or “Obligor”) and the Purchaser (“You,” “Your” or “Purchaser”) listed on the Declaration of Coverage (the “Protection Plan” or “Plan”). The Protection Plan provides for Covered Repairs to Your exterior water service line and Your lateral sewer service line on Your property which is listed on the Declaration of Coverage (“Your Home”). Guardian Service Holdings LLC (“Guardian Service”) is the Administrator of this Protection Plan and may be contacted by email at info@guardianservice.com or by calling toll-free to 1-844-4GUARDIAN. CERTAIN ITEMS AND EVENTS ARE NOT COVERED BY THIS CONTRACT. PLEASE REFER TO THE EXCLUSIONS ON PAGES 4-6 OF THESE TERMS & CONDITIONS.

Term & Cancellation

Term:

THIS AGREEMENT WILL COMMENCE ON THE EFFECTIVE DATE STATED ON YOUR DECLARATION OF COVERAGE (“EFFECTIVE DATE”), WHICH IS DEFINED AS THIRTY 30 DAYS AFTER THE PLAN PURCHASE DATE, AND WILL RENEW INDEFINITELY ON A MONTHLY BASIS UNTIL CANCELED OR TERMINATED IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.

Coverage Effective Date:

THERE IS A THIRTY (30)-DAY WAITING PERIOD STARTING FROM THE PLAN PURCHASE DATE, DEFINED AS THE DATE ON WHICH YOUR PAYMENT FOR THE PLAN IS PROCESSED AND APPROVED (“PURCHASE DATE”), DURING WHICH YOU WILL NOT BE ABLE TO REQUEST A SERVICE CALL

(“WAITING PERIOD”). COVERAGE BEGINS ON THE PLAN EFFECTIVE DATE AS INDICATED ON THE DECLARATION OF COVERAGE, WHICH SHALL COMMENCE AT THE END OF THE THIRTY 30-DAY WAITING PERIOD.

Your Cancellation Terms:

You may cancel this Protection Plan at any time by calling Guardian Service. If You cancel within thirty (30) days of the Purchase Date, You will receive a full refund less any claims paid by Us. If You cancel more than thirty

(30) days after the Purchase Date, Your cancellation will be effective at the end of the then-current billing month. If applicable, You will be entitled to a pro-rata refund less any claims paid by Us.

If You cancel this Plan during a time in which there are unpaid Plan Fees due from You, regardless of whether such payments are currently due or overdue, We reserve the right to deduct any or the entire portion of any such unpaid amounts from Your refund, if any.

Our Cancellation Terms:

We reserve the right to cancel or non-renew this Plan, as applicable, under the following conditions:

  1. upon no less than thirty (30) days’ written notice for any reason, by non-renewing this Plan,

  2. nonpayment of the Plan Fee or other breach of this Protection Plan by You,

  3. fraud or misrepresentation by You or Your representative of facts material to Our issuance of this Protection Plan, or

  4. a change in laws or regulations that has a material effect on Our business or Our ability to fulfill Our obligations under this Protection Plan.

If We non-renew for (i) or cancel for (ii) or (iii), Your Plan will end on the effective date of such cancellation, and You will not receive a refund. If We cancel for (iv), Your Plan will end on the effective date of such cancellation, and You will receive a pro-rata refund less any claims paid by Us. Notice of cancellation will be sent to Your current address in Our file (email or physical address, as applicable), with the reason for and effective date of such cancellation.

If You have purchased or receive similar coverage to this Protection Plan from another provider, You can contact Guardian Service to cancel this Plan in accordance with the Cancellation Terms set forth above. If We find that You have such coverage or are otherwise ineligible for the coverage provided by this Protection Plan in accordance with the Eligibility section below, We may cancel this Plan by providing written notice to You in accordance with the Cancellation Terms set forth above.

ONCE THIS PLAN IS TERMINATED FOR ANY REASON, YOU WILL BE SUBJECT TO A THIRTY (30) DAY WAITING PERIOD IF YOU WISH TO PURCHASE ANOTHER PLAN.

Fees & Payment

Plan Fee:

You must pay Us a monthly fee (“Plan Fee”) for the services provided under this Agreement. The Plan Fee is stated on Your Declaration of Coverage. We may modify the Plan Fee from time-to-time as set forth herein.

Promotional Offers:

We may from time to time offer special promotional offers (“Offers”). Offer eligibility is determined by Us at Our sole discretion, and We reserve the right to revoke an Offer at any time if We deem You are not eligible. The eligibility requirements and other terms and conditions related to the Offer will be disclosed on Your Declaration of Coverage or in other communications made available to you.

Billing & Payment

The Plan Fee and any other charges that You may incur related to the Plan, such as taxes and possible transaction fees, will be charged to Your authorized Payment Method on the specific monthly payment date (“Payment Date”) indicated on Your Declaration of Coverage.
In some cases, Your Payment Date may change; for example, if your Payment Method has not successfully settled or if your Effective Date began on a day not contained in a given month. If such change occurs, We will notify You in writing within seven (7) days via email.

Payment Methods

We will collect Your Plan Fee via the Payment Method You selected when you purchased the Plan (“Payment Method”). Acceptable payment methods shall include one of the following: (a) Credit Card; or (b) Direct Debit.

You authorize us to charge Your Payment Method on the Payment Date. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and is not settled within thirty (30) days, we may terminate this Agreement. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

Changes To Plan Fee and Plan Terms & Conditions:

WE MAY CHANGE THE PLAN FEE OR THE TERMS OF THIS PLAN FROM TIME-TO-TIME. WE WILL NOTIFY YOU IN WRITING AT LEAST THIRTY (30) DAYS BEFORE ANY CHANGES TO THE PLAN FEE OR ANY OTHER MATERIAL TERMS BECOME EFFECTIVE. IF YOU DO NOT WISH TO ACCEPT CHANGES TO THE PLAN FEE OR ANY OTHER TERMS UNDER THIS AGREEMENT, YOU CAN CANCEL YOUR PLAN BEFORE THE CHANGE TAKES EFFECT.

Taxes

You must pay all applicable state and local taxes when You pay Your Plan Fee.

Eligibility

Who Is Eligible:

We will pay for repairs under this Plan if:

  1. You own Your Home and the land the Water Line and Sewer Line is located on; and

  2. Your Home is a single structure that at all times during the Term of this Plan is occupied by You and You actively reside in the Home; and

  3. Your Home is used and zoned for residential purposes only, is not a recreational vehicle or used for commercial purposes, and is permanently secured to the ground; and

  4. Your Home is a single-family home, townhome or multi-family home (inclusive of manufactured housing); and

  5. You are responsible for maintaining Your Home’s Water Line and Sewer Line.

Who Is Not Eligible:

We will not pay for repairs under this Plan if Your Home has:

  1. A Water Line or Sewer Line with a pre-existing condition, defect or deficiency that You are aware of prior to or as of the Effective Date; or

  2. A Water Line or Sewer Line shared with a third party or that is covered by a homeowners’, condominium or similar association or that provides service to multiple properties or secondary buildings, whether known or unknown; or

  3. A Water Line that is more than two hundred and fifty feet (250’) in length; or

  4. A Sewer Line that has had roots removed prior to the Effective Date; or

  5. A Sewer Line that has failed a smoke or dye test prior to the Effective Date, and the issues identified by the smoke or dye test have not been resolved.

Coverage

Covered Lines:

Water Line

We will cover any Covered Repairs to Your Water Line, defined as the water service line from the point where it connects to Your water utility’s system to the water meter or main shut-off valve inside Your Home, whichever is closer to the foundation wall (“Water Line”). It does not include Your water main tap, water meter, water meter pit, water meter vault or water well.

Sewer Line

We will cover any Covered Repairs to Your Sewer Line, which is defined as the lateral sewer service line from the exterior wall of Your Home to the connection with Your sewer utility’s main or Your septic tank (“Sewer Line”). It does not include Your sewer main tap/saddle or Your septic tank or its components or attachments.

Covered Repairs:

Water Line

We will cover repairs or replacements of the following, for which You have sole responsibility and which have

been damaged due to normal wear and tear and usage (“Covered Repairs”):

  • A blocked, leaking or broken Water Line. If Your Water Line has low pressure, then it must be less than 30 pounds per square inch with 2 or fewer fixtures open to be covered.

  • Non-functioning pressure reducing valves and backflow prevention devices that are part of Your Line.

Under this Protection Plan, normal wear and tear of Your Water Line is characterized by deterioration that occurs naturally over time resulting from standard use. Parts used for Covered Repairs may include non-original manufacturer’s parts. Refurbished and reconditioned parts will not be used.

Sewer Line

We will cover repairs or replacements to a clogged, blocked or leaking Sewer Line if the damage resulted (a) on

or after the Effective Date; and (2) from normal wear and tear (“Covered Repairs”).

Under this Plan, normal wear and tear of Your Sewer Line is characterized by deterioration that occurs naturally over time resulting from standard use. Parts used for Covered Repairs may include non-original manufacturer’s parts. Refurbished and reconditioned parts will not be used.

Covered Property Restoration:

Restoration to any area disturbed on Your property by the Covered Repair is limited to filling, raking, and reseeding of grass, reinstallation of existing soft landscaping and shrubbery, and patching of paved surfaces. We cannot guarantee the survival of any living materials disturbed by the repair and are not responsible for the replacement of any decorative paving, pathways or landscaping features. If concrete cutting is necessary for a Covered Repair, the resulting trench will be patched. Debris will be removed from the restoration area upon completion of the Covered Repair.

Additional Hotel Coverage

We will reimburse You, subject to Our prior approval, up to $1,000 for the cost of a reasonable hotel room per Covered Repair, if: (1) Your Home is uninhabitable because Your Water Line and/or Sewer Line are unusable; and (2) You vacate Your Home as a result; and (3) due to unavoidable delay, We are unable to perform a Covered Repair within 48 hours of notification.

To submit a reimbursement, You must call Us within 30 days of the completion of the Covered Repair to request reimbursement. You must provide Us with relevant copies of the receipt(s), invoice(s) or statement(s). The receipt(s), invoice(s) or statement(s) should include the name, address and telephone number of the provider, as well as a complete description of charges. Approved payments will be made to You within 30 days of receipt by Us of the required document(s).

Maximum Coverage Limit:

We will pay up to the Maximum Coverage Limit stated on the Declaration of Coverage for every 12 month period from the Effective Date for an independent contractor to complete a Covered Repair to Your Water Line and/or Sewer Line, as applicable, and restore any areas outside Your Home that the independent contractor excavated and which are covered under this Plan in order to access Your Water Line or Sewer Line, up to the Maximum Coverage Limit stated on Your Declaration of Coverage (“Maximum Coverage Limit”).. In no event will We pay more than the Maximum Coverage Limit for any combination of Covered Repairs to either or both of Your Water Line or Your Sewer Line in any 12 month period. If repair costs for one or more Covered Repairs exceed the Maximum Coverage Limit or any remaining portion thereof, You will be notified before the work is performed.

You are responsible for any costs in excess of Your Maximum Coverage Limit.

Coverage Exclusions

General Exclusions:

This Plan does not cover any of the following:

  • Damages caused by You or any third parties.

  • Repairing or replacing Water Lines or Sewer Lines for a home that is unoccupied due to renovation, remediation or construction.

  • Damages caused by natural acts of disasters, such as earthquakes, floods, landslides, sinkholes or other acts of God.

  • Damages caused by defective materials, such as material that has been the subject of a recall or class action litigation.

  • Damages caused by improper design or installation of Your Water Line or Your Sewer Line.

  • Damages directly or indirectly caused by, or that result from, any construction, excavation, or other work being performed on the property whether conducted by You, a contractor, or any other third party.

  • Direct, indirect, special, consequential, secondary, or incidental damages including, but not limited to, remediating any damage to the inside of Your Home caused by the failure of Your Water Line or Your Sewer Line or repairs thereto such as flooding or sewage backup, or any of the items listed in the Limit of Liability section.

  • Any of the items listed in the Who Is Not Eligible section.

  • Repairing or replacing any main shut-off valves that are not leaking.

  • Repairing or replacing any Water Line not connected to a public or municipal water system on Your property.

  • Repairing or replacing any line that is connected to a well or cistern or lines not connected to Your water utility’s system.

  • Repairing or replacing any leak or break of Your Sewer Line if there is no clog or blockage.

  • Repairing or replacing any non-conforming drain line, such as a basement or storm drain system, connected to Your Sewer Line.

  • Repairing or replacing any septic tank or its components or attachments, such as a pump or grinder pump; any other type of collection tank, or leaching fields.

  • Repairing, replacing or installing any devices connected to Your Sewer Line, such as backflow preventers, clean outs, lift stations or pumps.

  • Repairing or replacing any section of Your Sewer Line located inside Your Home.

  • Repairing or replacing any trunk lines that are connected to Your Water Line or Your Sewer Line.

  • Repairing or replacing any interior pipes beyond the main shut-off valve inside Your Home.

  • Repairing or replacing any connections and/or extensions to the Water Line, such as water lines to fire suppression systems, sprinklers, irrigation systems, pools, hot tubs, and/or other outdoor systems.

  • Repairing or replacing anything required by any local, state or federal agency inspection, code, law, regulation, ordinance, or utility directive, unless otherwise covered by this Agreement.

  • Repairing any openings made in walls, ceilings or surfaces inside Your Home for Our independent contractor to access Your Water Line or Your Sewer Line.

  • Restoring any buildings, garages, sheds, porches or other structures.

  • Restoring any sidewalks, driveways, roads or other paved surfaces that are not required by permit to be repaired.

  • Restoring any sprinkler or irrigation systems, ponds, streams, fountains, waterfalls or other water structures.

  • Repairing or replacing any third party’s water or sewer line that is attached to Your Water Line or Your Sewer Line.

  • Repairing or replacing any trunk lines or any other lines that connect to Your Sewer Line.

  • Repairs to multiple line systems, any line that branches off Your main Sewer Line, or any secondary lines exiting Your Home.

  • Any repair of Your Sewer Line if Your cleanout(s) is/are inaccessible, missing, broken, or not installed up to code.

  • Snaking Your Sewer Line from Your roof or toilets.

  • Any obstacles to Your Sewer Line, including but not limited to porches, decks, trees, and/or walls.

  • Restoring any gardens, shrubs, trees or structures.

  • Restoring any sidewalks, driveways, roads or other paved surfaces that are not required by permit to be repaired.

  • Repairing a Sewer Line that has failed a smoke or dye test or other inspection when no operational failure has occurred.

  • Costs associated with opening and closing any portion of Your Home’s foundation or slab to

    access Your Water Line or Your Sewer Line.

  • Moving any water meter or sewer meter at the time of repair, unless required by code.

  • Moving any section of Your Water Line or Your Sewer Line unless necessary to complete a covered repair.

  • Updating, correcting, or moving any non-leaking portion of Your Water Line or Your Sewer Line to meet code, law or ordinance requirements.

  • Removing any items necessary to access Your Water Line or Your Sewer Line, such as debris, trash, rocks, cars or temporary structures.

  • Remediating or cleaning any hazardous substance or pollutant, such as mold or asbestos.

  • Thawing any frozen section of Your Water Line or Your Sewer Line or repairing any frozen lines.

  • Repairing or replacing Water Lines that have a pressure of more than 30 pounds per square inch.

  • Repairing or replacing Water Lines that have failed an inspection or test, when no operational failure has occurred.

  • Costs associated with traffic control (e.g. flag men, police).

  • Repairing, replacing or cleaning any portion of Your Home or its contents that are damaged by leaks or breaks to Your Water Line or Your Sewer Line.

  • Paying any costs caused by a leak or break in Your Water Line or Your Sewer Line, such as lost water costs, relocation costs, storage costs or temporary housing costs.

  • Paying any damages caused by a leak or break in Your Water Line or Your Sewer Line, such as lost time, lost use of Your Home or its contents or any damages due to any special circumstances or conditions.

  • Repairing or replacing any sections or parts of Your Line that are not stated in the “Covered Repairs” section.

  • Any loss arising out of the unauthorized access or use of any system, software, hardware, or firmware, or any modification, reprogramming, destruction, or deletion of data or software by any means.

Restoration Exclusions

This Plan does not cover restoration costs for any of the following:

  • Restoring any areas not disturbed or excavated as part of a Covered Repair.

  • Restoring an entire paved surface to match color or texture.

  • Restoring any sidewalks, driveways, steps or patios consisting of slate or other engraved or cut stone.

  • Replacing sod, grass, shrubs, or trees that died or failed to grow due to lack of ongoing care or maintenance.

Service Calls

What is a Service Call?

A request for an independent contractor in Our contractor network to visit Your property to either (a) assess Your Water Line and complete a Covered Repair, or (b) assess Your Water Line and determine that the repair is not covered under the terms of this Agreement (“Service Call”).

Is there a fee for a Service Call?

No /The Service Call Fee is listed on Your Declaration of Coverage.

When can You request a Service Call?

You may request a Service Call at any time during the Term of this Plan after the thirty (30)-day Waiting Period unless You have exceeded the Maximum Coverage Limit as set forth in this Plan.

How do You make a Service Call?

If there is a blockage, leak or break to Your Water Line or Your Sewer Line and it is deemed Your responsibility to repair, You may call Guardian Service at 1-844-4GUARDIAN. Once Guardian Service validates Your eligibility for a Service Call, an approved independent contractor will be dispatched to Your Home to assess the requested repair. The independent contractor that is dispatched will obtain any necessary permits before work begins.

Prior to service being dispatched all required Plan Fees must be collected and current. If You request service during a time in which there are unpaid Plan Fees due from You, regardless of whether such payments are currently due or overdue, We reserve the right to require full payment of the remaining unpaid balances prior to providing any services/benefits under this Plan, at Our sole discretion.

Can You hire Your own contractor:

Unless previously authorized by Guardian Service in writing, all repairs under this Plan must be performed by independent contractors that we dispatch from Our contractor network; We will not pay for any costs incurred by You or any contractor that You hire, nor will we fix any repairs made or attempted by You or any contractor You hire.

Other Terms

How To Contact Guardian Service:

You can contact Guardian Service at any time by phone at 1-844-4GUARDIAN or by email at info@guardianservice.com.

Assignment

We reserve the right to assign this Plan or delegate any of Our obligations under this Plan at Our sole discretion provided We give You thirty (30) days’ prior written notice of the changes. The changes will become effective thirty (30) days after We send You the notice. If You do not accept the changes, You may cancel this Plan. You may not change this Plan or delegate any of Your obligations. Should certain terms or conditions in this Plan be held to be invalid or unenforceable, the remainder of the terms and conditions in this Plan shall remain valid.

Transfer

You may not transfer this Service Agreement without Our prior written consent.

Limit of Liability

The total liability under this Plan will not exceed the 12-month Maximum Coverage Limit stated on the Declaration of Coverage. In no event will We, Guardian Service, or the Insurer and any of their respective parents, successors, affiliates, approved contractors and their and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of either Us, Guardian Service or the Insurer be liable to You or anyone else for any direct, indirect, special, consequential, secondary, or incidental damages, including, but not limited to damages for property damage, loss of use, loss of business, loss of income, profits, wages or revenue, utility bills, additional living expenses, damages based on diminution in value or a multiple of earnings, including those damages caused by any fault, failure, delay or defect in providing any repairs, down-time, and charges for time and effort relating directly or indirectly resulting from or caused by any fault, failure, delay, defect or inability to render service in providing any repairs performed under this Plan.

Insurance

This Protection Plan is not a contract of insurance. Our obligations under this Plan are guaranteed by a service contract reimbursement insurance policy issued by Wesco Insurance Company, Inc. (the “Insurance Company”), 59 Maiden Lane, 43rd Floor, New York, NY 10038. If a cancellation, refund, or a covered claim is not paid within sixty (60) days after proof of loss has been filed, You may file a claim directly with the Insurance Company. Please call 1-866-505-4048 for instructions.

State Variations

Any provision within this Protection Plan 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 and supersede any other provision within Your Plan terms and conditions to the contrary.

In Washington: This Plan is an agreement between the Obligor/Provider, Ironwood Warranty of Florida, LLC, and You. The Administrator is Guardian Service Holdings LLC. The language within the Insurance section is deleted in its entirety and replaced with the following, “This Protection Plan is not a contract of insurance. Our obligations under this Plan are guaranteed by a service contract reimbursement insurance policy issued by Wesco Insurance Company (the “Insurance Company”), 59 Maiden Lane, 43rd Floor, New York, NY 10038. You may file a claim directly with the Insurance Company for any payment or performance due. Please call 1-866- 505-4048 for instructions. In the event of cancellation within the first thirty (30) days of the receipt of this Plan, You will be refunded the full Plan Fee, minus any paid claims. A ten percent (10%) penalty per month shall be added to a refund that is not paid within thirty (30) days after the provider receives a written request to cancelfrom the Plan holder. We reserve the right to cancel this Plan for any reason. If we cancel this Plan, We will mail you written notice of such cancellation thirty (30) days prior to the effective date of such cancellation and state the true and actual reason for the cancellation.