Direct Response Program:CyberGuarantee Terms & Conditions

What is the CyberGuarantee? Simply put, we make sure the website you just purchased your services from will perform according to its terms of the sale during the Coverage Period outlined in this certificate.

CyberGuarantee, herein referred to as the Insurer, will pay you, herein referred to as the Insured, insurance benefits described within this policy.

Claim Process

In the event of a covered loss, the Insured can file a claim at www.claims.shopguarantee.com by emailing claims@shopguaratnee.com Insured must provide claim form, invoice for services rendered, and any additional documents required by the claims adjuster to substantiate loss. Claim must be filed during the active Coverage Period.

Coverage Period

Coverage begins the date purchase or Services Rendered, whichever occurs first, and is in effect for fourteen (14) days after completion of services.

Benefit Payment

Company will pay to Insured cost of services from Merchant, tax, and if required (determined by Insurer), cost of Certified Technician to repair Computer Infection introduced by Services Rendered by Merchant.

Covered Events

The Insured’s computer obtains Virus, Malware, Adware, Trojans as a result of services rendered by Merchant, or the Merchant fails to perform according to their Terms of Service.

Limits

The coverage has a limit of $500 for each certificate of coverage issued. Coverage is limited to single event as a result of services rendered or terms of service breach.

Terms and Conditions

The following are the “Terms and Conditions” which govern the coverage and conditions of the Services Rendered by Merchant and the terms of service guarantee provided by Insurer to the Insured for their purchase(s) from Merchant.

  1. Insurance Guarantee and Services Rendered

Provide that the Merchant performs its obligations to the end user under their Terms and Conditions, Insurer guarantees to the Insured that the Services performed by Merchant will be performed consistent with generally accepted industry practice. Insurer guarantee shall only be effective if the Insured notifies the Insurer of a terms of service breach or failure to render services promised within fourteen (14) days after the applicable Services Completion Date. Failure to notify Insurer of breach of terms of service or failure of Services Rendered by Merchant within fourteen (14) days of said action will result in the claim being denied. Insurer sole and exclusive obligation for terms of service breach or failure of Merchant to perform services paid for shall be at Insurer option, to (a) use a certified technician appointed by the Insurer to perform the Services in a manner that conforms to the original services promised, or (b) Refund to Insured the fees paid by Insured to Merchant for nonconforming Services Rendered, or (c) Refund to Insured the fees paid by the Insured to Merchant for introduction of Virus, Malware, Adware, Trojan during the course of Services Rendered. Insurer is not responsible for any incidental, direct, or indirect damage to the Insured’s property resulting from services rendered beyond removal of new Virus, Adware, Malware, Trojan introduced, or Refund to Insured for fees paid for original service insured. The remedies set forth in this paragraph are the Insured’s exclusive remedies for any terms of service breach, failure to render services promised, or introduction of Virus, Adware, Malware, Trojan by Merchant Service this coverage was purchased for.

  1. Exclusion of Warranties

Except for the Express Warranty set forth in section 2 of the Terms and Conditions, the services are provided “As Is”. Insurer expressly disclaims any and all other warranties of any kind or nature whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, non-infringement, design or suitability, or quality of service. With respect to the project or any goods, services, or other materials delivered by Insurer, Insurer does not guarantee in any way that the results of any analysis and reports it produces are accurate. No warranties shall arise under these Terms and Conditions from course of dealing or usage of trade. Notwithstanding anything herein to the contrary, none of Insurer representations, warranties, or obligations under these terms and conditions shall apply with respect to Third Party Data or Third Party Platforms. Insurer makes no warranties or representations and will have no liability or responsibility for any Third Party Data, including the accuracy or legality of any third party data. All services with respect to Third Party Platforms and Third Party Data are provided “As Is” and “As Available”.

  1. Limitation of Liability

Notwithstanding anything in these Terms and Conditions to the contrary, the entire liability of either party to the other arising out of these Terms and Conditions for the services performed hereunder shall be limited to the amount actually paid by the Insured to Merchant under the applicable service schedule maintained by Merchant or the hiring at the Insurers discretions a certified technician to repair problem caused by Merchant services rendered. In no event shall the Insurer be held liable for any direct, indirect, special, exemplary, incidental or consequential damages including loss of profits, expected profits, corrupted data, loss or deleted work, loss or damaged personal files resulting from the infection or services rendered whether based on contract, tort (including negligence), strict liability or any other legal theory, even if such party was advised of the possibility of such damages in advance. This includes any additional utility fees, service provider charges, changes to personal or business schedule required to accommodate the certified technician hired, at the discretion of the Insurer, to perform their duties outlined in this certificate. This certificate is not a guarantee against the loss of any information or file. The parties agree that the limitations specified in section 3 will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed of its essential purpose. Insurer is willing to enter into these Terms and Conditions and the Services Schedule and perform Services for Insured only in consideration of and in reliance upon the provisions of these Terms and Conditions limiting Insurer’s exposure to liability, including but not limited to the provisions contained above. Such provisions constitute an essential part of the bargain underlying these Terms and Conditions and the Service Schedule and have been reflected in the consideration specified therein.

  1. Governing Law and Venue

These Terms and Conditions shall be governed by and construed under the laws of the State of California, exclusive of its choice of law rules, as such law applies to agreements between California residents entered into and to be performed within California, except as governed by federal law. Any controversy or claim arising out of or in any way connected with these Terms and Conditions or the Services Schedule, or the alleged breach thereof shall be brought in the state and federal courts located in the State of California. Each party waives any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph.

  1. The Insured agrees to INDEMNIFY and HOLD HARMLESS Insurer and Underwriters from any loss, liability, damage, or costs, including court costs and attorney fees that they may incur due to misreading, misunderstanding, and not following the coverage requirements as per this Insurer Insurance Certificate or as endorsed.
  1. No Authority is granted to any agent or person to alter, waive, modify, or make representations on any provisions of this Certificate.
  1. Any covered loss will be promptly paid to the Insured or their Assignee upon completion of an executed claim.
  1. The Insured agrees to take any and all actions possible to minimize additional loss from any covered peril.
  1. Upon payment of covered peril, the Insurer shall be subrogated to all rights of the Insured including whatever money may be recoverable. This payment excludes applicable deductible amounts corresponding to the claim settlement on account of said covered peril from any Merchant, Merchant Employee, Agent, or from any other person or corporation whatsoever. The Insured specifically covenants and agrees to aid the Insurer in all manners possible to aid in securing the reimbursement of said covered peril. In the event the covered peril is a result of fraudulent activity from an employee of the Insured or cause of covered peril, the Insured will take action against the employee and not hold the Insurer liable for any claims associated with said activity. ­­

EXCLUSIONS

Coverage is not available for any direct or indirect loss resulting from the following:

Problems arising from the Insured or Insured Family Members direct or indirect actions on or during the Coverage Period. Such actions include downloading infected files, visiting malicious or infected websites, installing infected peripherals during or after services have been rendered

Problems that may result from external causes such as accidents, misuse, abuse, or problems with electrical power

Non-compliance with hired technician during the course of attempting to resolve the issue

Problems arising from using and/or borrowing components, parts, or accessories added to the computer on or during the Coverage Period after the repair that weren’t present during services performed. This includes thumb drives, hard drives both internal/external which may contain malicious software, Virus, Adware, Malware, Trojans; that would otherwise not be present had Insured not added component to computer.

Virus, Adware, Malware, Trojan infection of computer due to roll-back of operating system to previous restore point by the Insured or Insured’s Family Members after repairs were completed.

Any and all damage caused by hardware failure, non-virus, or non-malware software, including those resulting from flood, fire, blackouts, vandalism, and acts of god.

COVERAGE VOID

If the Insured refuses to comply with Merchants requests during or after Services Rendered

If the Insured ignores information provided Merchant to avoid additional Perils after Services

If the Insured fails to report to the Insurer notice of a new Virus, Malware, Adware, Trojan infection with fourteen (14) days of infection.

The Insured misrepresented or concealed any material facts or circumstances, false accounts with or without the intent to deceive, relating to the claim filed, be it prior or following the covered peril to the Insurer or Merchant. 

DEFINITIONS

 Adware: Spyware that records search information and forwards it to an individual or business, which later uses it to create pop-up ads for delivery to users without their consent.

Certified Technician: A qualified individual in in terms of specific knowledge or skill in the required area of need.

Computer Infection: A computer that has a Virus, Adware, Malware, or Trojan.

Company: Insurer and its Agents.

Coverage Period: Time during which benefits are payable beginning on the Effective Date and ending on the Termination date.

Family Member: Spouse, child, spouse’s child, daughter-in-law, son-in-law, brother, sister, mother, father, grandparents, grandchild, step-brother, step-sister, step-parents, parents-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, guardian, ward.

Insured: All persons listed on the Certificate under the name Insured.

Malware: Software specifically designed to gain access or damage a computer without the knowledge of the owner.

Merchant: The website the coverage was purchased from and Insured received services from.

Refund: Repayment of the sum or portion of money paid.

Services Rendered: Completion of a covered service requested by the Insured resulting in payment request for those services.

Trojan: A program in which malicious or harmful code is contained inside seemingly harmless programming or data in a way to obtain control and perform intended operation without consent of owner.

Virus: A piece of code that is capable of copying itself and typically has a detrimental effect, such as corrupting the system or destroying data.

What is the CyberGuarantee? Simply put, we make sure the website you just purchased your services from will perform according to its terms of the sale during the Coverage Period outlined in this certificate.

CyberGuarantee, herein referred to as the Insurer, will pay you, herein referred to as the Insured, insurance benefits described within this policy.

CyberGuarantee coverage is administered by Online Shipping Insurance Services, Inc. #OG55434 and its Underwriters