Cancellation
a. This Contract may be cancelled by THWS for the following reasons: (a) Nonpayment of
Contract Fees or other breach of this contract by the customer; (b) fraud or
misrepresentation by the customer and/or customer representative of facts material to
THWS’s issuance of this contract; or, (c) a change in laws or regulations that has a
material effect on the business of THWS or THWS’s ability to fulfill its obligations under
this contract.
b. You may cancel this Contract within 7 days of the Contract Effective Date and receive a
full refund within 30 days. After 7 days, this Contract in noncancelable by you unless by
mutual agreement between you and THWS.
c. If the customer or THSW cancels the contract within the first 30days following the
beginning of the contract term:
i. If THWS has not provided any services, the customer will receive a full refund of
all contract fees paid for the remainder of the contract term.
ii. If has provided services and the amount of the service costs incurred by THWS
is less than the contract fees paid, the customer will receive a refund of the
contract fees paid, less the service costs incurred by THWS.
iii. If THWS has provided services and the amount of the service costs incurred by
THWS is greater than the contract fees paid, the customer shall pay THWS the
lesser of (a) the amount by which the service costs incurred by THWS exceeds
the contract fees paid; or (b) the amount by which the annual rate listed on the
Contract Agreement pages exceeds the contract fees paid.
d. If the customer or THWS cancels the contract aft the 30th day following the beginning of
the contract term and by mutual agreement between you and THWS:
i. If THWS has not provided any services, the customer will receive a pro rata
refund of the contract fees paid for the unexpired term.
ii. If THWS has provided services and the amount of the service costs incurred by
THWS is less than the contract fees paid, the customer will receive a pro rata
refund of the contract fees paid for the unexpired term, less the service costs
incurred by THWS.
iii. If THWS has provided services and the amount of the service costs incurred by
THWS is greater than the contract fees pad, the customer shall pay THWS the
lesser of (a) the amount by which the service costs incurred by THWS exceeds
the contract fees paid; or (b) the amount by which the annual rate listed on the
Contract Agreement pages exceeds the contract fees paid.
iv. Additionally, the customer shall be responsible for an administrative fee of the
lesser of (a) your Plan Fee for one month of coverage under this contract or (b)
such amount as is permitted by law.
e. If the contract fees are billed through a mortgage loan that is later sold or paid in full, the
uninterrupted overage can be arranged by immediately calling (817) 554-2106 to
establish an alternate payment method. This contract will be deemed cancelled if the
contract holder fails to initiate such payment arrangements within 30 days.
Your Duties
You are responsible for:
- Maintaining the covered appliances and systems.
- Promptly reporting any claims to THWS; and
- Properly installing and maintaining appliances and systems following the manufacturer’s specifications.
- $100 per claim service fee. This fee will be paid prior to our repair staff coming to your home.
Dispute Resolution
- Limitation of Legal Remedies. INSTEAD OF SUING IN COURT, YOU AND WE EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and we agree that any dispute, controversy, or claim arising out of your use of this website or its content ("Claims") which cannot be settled by mutual agreement of the parties shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
- If a dispute arises, THWS reserves the right to refund the entire amount paid to THWS and cancel the contract retroactively to the effective date.
by Texans.
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