Direct Energy Surge Protection Plan Terms and Conditions*

*Not a binding contract. For information only. Customer will receive actual binding contract upon completion of enrollment.

  1. INTRODUCTION. Direct Energy Surge Protection Plan is provided and administered by Home Warranty of America, Inc., a Direct Energy company. This Contract describes the terms and conditions of this service contract. This is not a contract for insurance. Coverage under the Plan is subject to certain limits and exclusions, including claim based and coverage limits and exclusions.
  2. DEFINITIONS. The following terms used in this Contract have the following meanings:
    1. "Claims Waiting Period" means a period beginning on the Contract Period Start Date and ending thirty (30) days thereafter in which You may not make any claims under this Plan.
    2. "Contract" means this service contract between You and Home Warranty of America, Inc., a Direct Energy company operating under the brand Direct Energy ("Direct Energy"), and includes these Terms and Conditions and the Coverage Plan Letter.
    3. "Contract Period Start Date" means the date Your Plan term begins as listed on Your Coverage Plan Letter.
    4. "Coverage Plan Letter" means the letter attached to these Terms and Conditions setting forth the Plan, the monthly (or yearly) charge for the Plan, and other important details about the Plan.
    5. "Covered Equipment" means mobile electronics, home electronics, and Home Appliances.
    6. "Electrical Surge" means a short-term burst of excessive, unwanted energy (transient over-voltage) on a circuit, which if not suppressed, can accelerate wear and tear of attached electrical equipment increasing repair frequency, repair costs, or product failure.
    7. "Home Appliance" means portable appliances not attached to the home such as refrigerators, washers and dryers, stoves, microwaves, and similar appliances. Home Appliances do not include water heaters, heating and air conditioning systems, and other systems permanently attached to or integrated into the home.
    8. "Parties" mean the parties to this service contract, namely Direct Energy and You.
    9. "Plan" means Your specific Direct Energy Surge Protection Plan as listed on Your Coverage Plan Letter.
    10. "Replacement Value" means the typical purchase price of the most similar and like quality product available on the market at the time of the Electrical Surge, taking into consideration the make, model, and features of the item being replaced.
    11. "Qualified Service Provider" means an entity that (i) is independent, meaning not related to or biased in favor of You in any way; and (ii) possesses special expertise in the field of servicing or repairing residential electronics, electromechanical equipment, and appliances, and in fact engages in that business on a regular and ongoing basis. We reserve the right in all cases to decide if a certain service provider is qualified.
    12. "Term" means the 12 month period of time reflected in the Coverage Plan Letter or any renewal Term as the case may be.
    13. "Direct Energy", "You", "Us", and "Our" mean Home Warranty of America, Inc., a Direct Energy company. Our address is P.O. BOX 500, LINCOLNSHIRE, IL 60069.
    14. "You" and "Your" means the customer contracting for services covered by the Plan pursuant to this Contract.
  3. Plan Coverage. During the Term, Our responsibility will be to reimburse You for the repair or replacement of Covered Equipment damaged by an Electrical Surge, subject in all cases to the terms of this Contract, including this Section 3 and the limitations of liability set forth in Section 8. The Plan is only available on Covered Equipment located at the residential address listed on Your Coverage Plan Letter (the "Covered Property"). The following items, repairs or replacements are excluded from coverage under the Plan: (i) any repair or replacement of any part of an electrical system including fuse boxes, circuit breakers, and/or heating and cooling systems; (ii) any repair or replacement of Covered Equipment or other items in the home damaged as the result of any anything other than an Electrical Surge; (iii) items not operational prior to the Contract Period Start Date; (iv) items that cannot be replaced with like kind and quality, such as antiques; (v) items owned by third parties; (vi) items not located on the Covered Property; (vii) power tools; (viii) additional expenses, such as the Qualified Service Provider's travel charges, not covered in standard service call rate; and (ix) expenses recoverable under product or other add-on home warranty coverage.
  4. CLAIM PROCESS. You may make a claim under this Plan at any time after the Claims Waiting Period has ended. If You suspect Your Covered Equipment has suffered damage from an Electrical Surge, contact Us at our toll free number 1-877-389-0501 within thirty (30) days of the date on which the Electrical Surge occurred. Upon receiving Your call, We will send You a claim form. Once you receive the form, have a Qualified Service Provider assess the damage and provide You with a written repair invoice. The invoice must (i) indicate that the damages resulted from an Electrical Surge, (ii) be on business stationary providing the name, address, and telephone number of the Service Provider, and (iii) provide a complete description of the damage and the associated repair charges. All diagnostic fees charged by the Qualified Service Provider are payable by You directly to the Qualified Service Provider, but will be reimbursed under this Plan upon submission of a valid claim as long as the diagnostic fees claimed are usual and customary for the service field as determined by Us. Reimbursement of diagnostic fees is limited to $100.00 and applies toward the liability limit discussed in Section 8. If the applicable Covered Equipment is not repairable, obtain a replacement invoice from a local retailer. The claim form should be completed in full and mailed to Our Claims Center (address listed on the claim form) with a copy of the applicable invoice within thirty (30) days of Your receipt of the claim form.
  5. TERM AND AUTOMATIC RENEWAL. THIS CONTRACT IS FOR AN INITIAL TERM COMMENCING ON THE DATE SET FORTH ON YOUR COVERAGE PLAN LETTER OPPOSITE THE HEADING "CONTRACT PERIOD START DATE" AND ENDING ON THE DATE OPPOSITE THE HEADING "CONTRACT PERIOD END DATE". IF YOU SELECTED A REGULAR PAYMENT OPTION AND WE ELECT TO RENEW YOUR PLAN, WE WILL NOTIFY YOU OF THE TERMS (INCLUDING ANY INCREASE TO THE PRICE OF THE PLAN) WITHIN SIXTY (60) DAYS PRIOR TO EXPIRATION OF COVERAGE. AT THE CONCLUSION OF EACH TERM YOU WILL AUTOMATICALLY BE RENEWED FOR AN ADDITIONAL TERM UNLESS YOU NOTIFY US, IN WRITING, PRIOR TO THE PLAN'S EXPIRATION, BY MAIL: P.O. BOX 500, LINCOLNSHIRE, IL 60069 OR BY EMAIL: CANCEL@HWAHOMEWARRANTY.COM. YOUR FIRST RENEWAL PAYMENT WILL SERVE AS YOUR AUTHORIZATION FOR ANOTHER TERM. IF YOU REQUEST TO CANCEL AFTER AUTOMATIC RENEWAL TAKES PLACE, WE WILL HONOR YOUR REQUEST TO CANCEL IMMEDIATELY PURSUANT TO SECTION 12. IF YOU HAVE ANY QUESTIONS, OUR TOLL FREE NUMBER IS 1-877-389-0501. YOU MAY CANCEL THIS CONTRACT AT ANY TIME AS DESCRIBED IN SECTION 12.
  6. PRICE AND PAYMENT. Your monthly charge for this Plan is set forth in your Coverage Plan Letter. There is no deductible under this Contract. Payment(s) may be (i) made in monthly installments commencing on the Contract Period Start Date with subsequent monthly payments due on each monthly anniversary of the Contract Period Start Date thereafter; or (ii) paid in full at the Contract Period Start Date or commencement of any renewal Term(s), depending on the applicable payment method. You agree to make payment either (i) to the address set forth on Your Coverage Plan Letter or to any changed or updated address We may provide You notice of from time to time; or (ii) if You authorize Us to do so, such payments will be drafted from a pre-authorized credit card or checking account. You will not receive a monthly or annual bill. If Your payments are not current, We may refuse to pay a claim under the Plan. Except as otherwise specifically stated in this Contract, or as required by applicable law, Your payments are non-refundable.
  7. ASSIGNMENT; CHANGE OF SERVICE ADDRESS AND AMENDMENTS. This Contract is not assignable by You without Our prior written consent. If You move to a new residence, You may contact Us to request a transfer of this Contract to cover Your new residence so long as Your Plan is available. We reserve the right to deny the transfer of this Contract for any reason and/or to inspect the products and systems at Your new service address prior to covering such products and systems. We reserve the right to amend this Contract due to regulatory or procedural changes that may affect Our ability to perform under this Contract. We may assign this Contract, in whole or part, or any of its rights and obligations hereunder without Your consent, to the fullest extent allowed by law. Upon such assignment, You agree that Direct Energy shall have no further obligation to You.
  8. LIMITATIONS OF LIABILITY.
    1. Our liability under this Plan is limited to $2,000.00 per Term.
    2. We will make commercially reasonable efforts to fulfill Our obligations under this Contract. Certain causes and events that are out of Our reasonable control ("Force Majeure Events") may result in Our inability to perform under this Contract or to perform in a timely manner. If We are unable to perform Our obligations, in whole or in part, due to a Force Majeure Event, then Our obligations shall be suspended to the extent made necessary by such Force Majeure Event, and in no event shall We be liable to You for Our failure to fulfill Our obligations or for damages caused by any Force Majeure Event. Force Majeure Events include, but are not limited to acts of God, fire, war, flood, earthquake, hurricanes, tornadoes, and other natural disasters, acts of terrorism, acts of any governmental authority, accidents, strikes, labor troubles, shortages in supply, changes in laws, rules or regulations of any governmental authority, and any other cause beyond Our reasonable control.
    3. Upon damage occurring as the result of an Electrical Surge, it is Your responsibility to select and engage a Qualified Service Provider to assess the surge damage and provide You with a written repair invoice. We cannot be held responsible for the negligence or the other conduct of Your Qualified Service Provider, nor are We an insurer of Your Qualified Service Provider's performance. It is understood that WE WILL NOT BE THE SERVICE PROVIDER and WE WILL NOT BE PERFORMING the actual repair of any Covered Equipment.
    4. EXCEPT FOR THE COVERAGE LIMITS AS DESCRIBED IN SECTION 3, DIRECT ENERGY'S TOTAL LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY FOR ALL DAMAGES, SHALL NOT EXCEED THE AMOUNT REQUIRED TO REPAIR OR REPLACE THE COVERED EQUIPMENT, IN NO EVENT SHALL DIRECT ENERGY OR ITS AFFILIATES BE RESPONSIBLE UNDER THIS CONTRACT FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR ECONOMIC DAMAGES OR LOSS OR DAMANGES TO ANY PERSON OR PROPERTY ARISING FROM THE LOSS OF USE OR THE INABILITY TO USE THE APPLICABLE COVERED EQUIPMENT TO THE EXTENT SUCH MAY BE DISCLAIMED BY LAW, AND YOU EXPRESSLY WAIVE THE RIGHT TO ANY AND ALL SUCH DAMAGES.
    5. This Contract is not a contract for insurance and is not insured. Obligations under this Contract are backed by the full faith and credit of Home Warranty of America, Inc.
  9. ENTIRE AGREEMENT. This Contract, including the terms and conditions of Your Plan, and Your Coverage Plan Letter, constitutes the entire agreement between the Parties with respect to the subject matter of this Contract.
  10. PERSONAL INFORMATION. By entering into this Contract, You agree that any personal information that You provide to Us in connection with this Contract, whether required or not, constitutes permission for Direct Energy to add Your personal information to Our customer database and to use and share your information as set forth in Our Privacy Policy (located at www.directenergyprotects.com/privacy-policy). You may opt out of receiving marketing communications from Direct Energy as set forth in the Privacy Policy or as provided within any marketing materials (e.g., using the "Unsubscribe" feature provided in the footer of emails).
  11. DISPUTE RESOLUTION; VENUE; WAIVER OF JURY TRIAL; GOVERNING LAW; WAIVER OF CLASS ACTION; FAILURE TO ENFORCE NOT WAIVER.
    1. It is the intent of both Parties to resolve any disputes through negotiation between You and Us. The Parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Contract. Either party may initiate negotiations by providing written notice to the other party, setting forth the subject of the dispute and the relief requested. The Parties will respond to any initial and subsequent requests in a timely and complete manner.
    2. The Parties further agree that in the event any dispute between them relating to this Contract is not otherwise resolved, exclusive jurisdiction shall be in the trial courts located within the jurisdiction in which the Covered Property is located, any objections as to jurisdiction or venue in such court being expressly waived.
    3. BOTH PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THIS CONTRACT OR THE ACTIONS OF THE PARTIES IN THE NEGOTIATIONS, ADMINISTRATION, PERFORMANCE OR ENFORCEMENT HEREOF.
    4. Unless otherwise required by the laws of the state where the Covered Property is located, this Contract shall be governed, construed and enforced in accordance with the laws of the State of Texas without regard to principles of conflicts of law.
    5. ANY LEGAL OR JUDICIAL PROCEEDING COMMENCED BY OR ON BEHALF OF YOU UNDER THIS CONTRACT (INCLUDING THE ASSERTION BY YOU OF ANY COUNTERCLAIM, REGARDLESS OF WHETHER THE UNDERLYING PROCEEDING IN WHICH SUCH COUNTERCLAIM IS BEING ASSERTED WAS COMMENCED BY OR ON BEHALF OF PLAINTIFF) WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ACTIONS, COLLECTIVE ACTIONS AND OTHER SIMILAR REPRESENTATIVE PROCEEDINGS OF ANY KIND OR NATURE (WHETHER PURSUED THROUGH THE COURTS, THROUGH ARBITRATION OR THROUGH ANY OTHER JUDICIAL FORUM) ARE NOT PERMITTED. BY ENTERING INTO THIS CONTRACT YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST DIRECT ENERGY OR ITS AFFILIATES ONLY IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING CLAIMS AGAINST DIRECT ENERGY OR ITS AFFILIATES AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION OR OTHER REPRESENTATIVE PROCEEDING.
    6. Any failure by Us to assert a right or enforce a requirement under this Contract shall not be deemed a waiver of that or any other right or requirement and shall not preclude Us from asserting any right or enforcing any requirement at any time.
  12. CANCELLATION. You may cancel this Contract at any time. We may only cancel this Contract due to Your non-payment, fraud, material misrepresentation, or breach of this Contract. In addition, We may be required to cancel this Contract as a result of a decision or order of a governmental body or a change in laws or regulations. If either You or Direct Energy cancels this Contract during the Claims Waiting Period, You are entitled to a full refund of the amount paid by You under this Contract. If You have not made any claims under the Plan, and either You or Direct Energy cancels this Contract after the Claims Waiting Period ends, but before the end of the Term, You are entitled to a pro rata refund of the amount paid by You for the unexpired Term. If You have paid in full for the Term and You cancel this Contract before the end of the Term and You have made claims under the Plan, You shall be entitled to a pro rata refund of the amount paid by You for the unexpired Term less any reimbursement costs incurred by Us. If you are enrolled in a monthly payment plan and You cancel this Contract before the end of the Term and You have made claims under the Plan, then You will be responsible for the lesser of the costs incurred by Us or the balance due under this Contract. Your cancellation will be effective immediately following the monthly period in which this Contract is canceled. We reserve the exclusive right not to renew this Contract for any reason.
  13. MATERIAL CHANGES. We will provide You with written notification of any material changes to this Contract 45 days in advance of the implementation of such changes. Notice may not be provided to You when changes are favorable to You or when changes are mandated by a regulatory agency. After notice of a material change, You may terminate this Contract by providing written notice within the 45-day period prior to the effective date of the change. If You do not respond prior to the expiration of the 45-day period, the change will be deemed accepted by You.

NOTICE: DIRECT ENERGY IS REGISTERED AS A SERVICE CONTRACT PROVIDER WITH THE TEXAS DEPARTMENT OF LICENSING AND REGULATION, REGISTRATION NUMBER 673. COMPLAINTS IN CONNECTION WITH THIS CONTRACT MAY BE DIRECTED TO THE DEPARTMENT AT P.O. BOX 12157, AUSTIN, TX 78711, (512) 463-6599.

NOTICE: YOU THE BUYER HAVE OTHER RIGHTS AND REMEDIES UNDER THE TEXAS DECEPTIVE TRADE PRACTICES-CONSUMER PROTECTION ACT WHICH ARE IN ADDITION TO ANY REMEDY WHICH MAY BE AVAILABLE UNDER THIS CONTRACT. FOR MORE INFORMATION CONCERNING YOUR RIGHTS, CONTACT THE CONSUMER PROTECTION DIVISION OF THE ATTORNEY GENERAL'S OFFICE, YOUR LOCAL DISTRICT OR COUNTY ATTORNEY OR THE ATTORNEY OF YOUR CHOICE.

*Not a binding contract. For information only. Customer will receive actual binding contract upon completion of enrollment.