| 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:
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:
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. |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||